Development Facilitation Act

1. In this Act, unless the context otherwise indicates- (i) "beneficial occupier" means, in relation to the occupation of land in a land development area where land development takes the form of upgrading an existing settlement, any person who has been in peaceful and undisturbed occupation of such land for a continuous period of not less than five years; (xxxiv) (ii) "Commission" means the Development and Planning Commission estab 5 10 lished by section 5; (x) (iii) "condition of establishment" means a condition imposed by a tribunal under section 33 or section 51. according to the context; (xxviii) (iv} "conveyancer" means a conveyancer as defined in section 102 of the Deeds 15 Registries Act, 1937 (Act No. 47 of 1937); (xxix) (v) "deeds registry" means a deeds registry as defined in section 102 of the Deeds Registries Act, 1937; (xxii) (vi) "designated officer" means an appropriate officer in a provincial administra- tion or in the employ of a local government body, designated by the MEC to 20 serve as the designated officer for the purposes of Chapter V or VI, or both those Chapters; (i) · (vii) "diagram" means a diagram as defined in section 49 of the Land Survey Act, 1927 (Act No.9 of 1927); (ix) (viii} "environment" means the environment as defined in section 1 of the 25 ·Environment Conservation Act, 1989 (Act No. 73 of 1989); (xiv) (ix) "environmental evaluation" means an evaluation of the environmental im·p·act of a proposed land development, conducted in accordance with the integrated environmental management guidelines which are from time to time issued or ·amended by the Department of Environment Affairs and Tourism; (xv) (x) "general plan" means a general plan of a land development area or of a portion thereof which has been approved in terms of the Land Survey Act, 1927; (ii) 30 (xi) "initial ownership" means the.form of title established by section 62; (xxxv) (xii) "land availability agreement" means- · 35 (a) in relation to land development in terms of Chapter V, an agreement contemplated in section 44; or (b) in relation to land development in terms of Chapter VI, an agreement contemplated in section 53; (iii) (xiii) "land development" means any procedure aimed at changing the use of land 40 for the purpose of using the land mainly for residential, industrial, business, small-scale farming, community or similar purposes. including such a procedure in terms of Chapter V, VI or VII. but excluding such a procedure in terms of any other law relating exclusively to prospecting or mining; (iv) . (xiv) "land development applicant" means- . · 45 (a) in relation to land development in tenus of Chapter V, any person or body (b) referred to in section 3 I (I); or in relation to land development in terms of Chapter VI, any person or body referred to in section 49(1); (vi) (xv) "land development application" means- 50 (a) (b) in relation to land development in terms of Chapter V, an application lodged under section 31 (2); or in relation to land development in terms of Chapter VI, an application lodged under section 49(2); (v) · (xvi) "land development area" means any area of land which is the subject of land 55 development, including- ( a) such an area shown on a layout plan and forming the subject of land development in terms of Chapter V, or on a settlement plan and forming the subject of land development in terms ofChapter VI; 6 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETI"E, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 (b): any.land.which is not subdivided or intended to be subdivided but on which there are buildings, or on which it is intended to erect buildings or on which sites are laid out, or on which there are buildings in close proximity to each other,' and which is used for any of the purposes referred to in the definition of "land development"; and (c) a group of pieces of land or of subdivisions of a piece of land which are combined with public places and are used mainly for those purposes or are intended to be so used and which are shown on diagrams or a general plan; (vii) . , 5 . (xvii) "layout plan''. means a. plan . indicating the relative situation in a land 10 . development area of sites, premises, public places and zones used or to be used for any of the purposes referred to in the definition of "land . development", but excluding small-scale farming, and approved as part of a .land development application by a tribunal in terms. of Chapter V; (xxxii) (xviii) . "local govemrrient area" means the area of jurisdiction o( a local government 15 (xix) '· . · body in terms of any law; (xviii) "local government body_" means'any institution or body referred to iri section 84(1 )(fJ of the Provincial Government Act, 1961 (Act No. · 32 of i 961 ), and includes- . (a) any local government body established by or under any law which, in 20 terms of section 229 of the Constitution, continues to be in force in the former Republics of Transkei, Bophuthatswana, Venda or Ciskei; · (b) ·any council or committee established under the provisions of the Black . Local Authorities Act, 1982 (Act No. I 02 of 1982), prior to the repeal of · · that Act by section 13 of the Local Government TransitionAct, 1993 (Act 25 No. 209 ofl993)~ and which is, in terms of that section, deemed to be an institution or body referred to in section 84(1)(1) of the Provincial Government Act, 1961; (c) any local government body established under section 30(1)(a) of the Black Administration Act, 1927 (Act No. 38 of 1927), or any body 30 continuing to perform local· govemnient functions by virtue of section 15(1) of the Local Government Transition Act, 1993; · (d) a board of management or board referred to in section I of the Rural Areas Act (House of Representatives), 1987 (Act No.9 of 1987); (e) any committee referred to in section 17 of the Promotion of Local 35 Government Affairs Act, 1983 (Act No. 91 of I 983); (f) any local council established under section 2 of the Local Councils Act (House of Assembly), 1987 (Act No. 94 of 1987); . the Local Government Affairs Council established by ·section 2 of the . (g) . Local Government Affairs Council Act (House of Assembly), 1989 (Act 40 No. 84 of 1989); · · (h) any regional services council established under section 3ofthe Regional Services· Councils Act, 1985 (Act No. 109 of 1985); (i) any joint services board established under section 4 of the K waZulu and · · Natal Joint Services Act,l990 (Act No. 84 of 1990); · 45 (j) any joint decision-making body, joint local authority or single local authority referred to in paragraphs (c), (e) and (f) of section 8 of the . Interim Measures· for Local Government Act~ I 991 (Act No. 128 of 199 I), and established by proclamation issued under that Act; . (k) any person; institution or body declared under section 1(2) of the Local 50 . Government Transition Act, 1993, to be a local government body for the · purposes of that Act; 8 No. 16730 Act No. 67, 1995 GOVERNMENT GAZE'ITE, 4 OCWBER 1995 DEVELOPMENT FACILITATION Acr, 1995 (1) any transitional council established under the Local Government Transition Act, 1993, which exercises local government functions to the exclusion of any of the aforementioned local government bodies; (xix) . (xx) "MEC:', insofar as a provision of this Act is applicable in or in respect of a province, means a member of the executive council of a province to whom the Premier has assigned the performance of the functions entrusted to a MEC by or under such a provision; (xii) (xxi) "Minister" means, in relation to the administration of- ( a) Chapters I, III, IV and V, the Minister of Land Affairs, acting in consultation with the Minister of Housing; (b) Chapter II, the Minister responsible for the implementation. of the Reconstruction and Development Programme, acting in consultation · with the Minister of Housing and the Minister of Land Affairs; (c) Chapter VI. the Minister of Land Affairs, acting in consultation with the Minister of Agriculture; and (d) Chapter VII, the Minister of Land Affairs; (xiii) · 5 10 15 (xxii) · "prescribe" means prescribe by regulation; (nxvi) (xxiii) ''province" means any province of the Republic established by section 124(1) of the Constitution; (xxi) · (xxiv) "provincial · commission" means • a provincial development and planning 20 commission established or recognised under section ll(1); (xx) (xxv) "registrar" means a registrar as defined in section 102 of the Deeds Registries Act, 1937; (xxiii) (xxvi) "regulation" means a regulation made under this Act; (xxiv) (xxvii) "settlement plan" means a plan indicating the relative situation in a land 25 development area of sites, premises, public places and zones used or to be used for small-scale farming, or for small scale farming together with any of the other purposes referred to in the definition of "land development", and approved by a tribunal as part of a land development application in terms of Chapter VI; (xxxiii) 30 (xxviii) · "State" includes a province; (xxvi) (xxix) "subdivision register" means a register referred to in section 46(1) of the Deeds Registries Act, 1937; (xvi) (xxx) "surveyor" means a person registered as a professional land surveyor or a professional topographical and engineering surveyor or a topographical and 35 engineering surveyor under the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), and whose name is entered in the register contemplated in section 7(4) of that Act; (xvii) (xxxi) "Surveyor-General" means the Surveyor-General as defined in section 49 of the Land Survey Act, 1927; (xi) (xxxii) "this Act" includes the regulations; (viii) (xxxiii) "town and regional planner" means a person registered as a town and regional planner in terms of the Town and Regional Planners Act, 1984 (Act No. 19 of 1984), and whose name is entered in the register referred to in section 9(2) of · that Act; (xxvii) 40 45 (xxxiv) "tribunal'• means an administrative development tribunal established for a province by section 15(1); (xxx) (xxxv) "tribunal registrar" means a tribunal registrar or a deputy tribunal registrar designated by the MEC under section 15(9); (xxxi) · (xxxvi) "zoning scheme" means any townplanning or zoning scheme administered by 50 a local government body or any other competent authority and which relates to the zoning or reservation of land into areas to be used exclusively or mainly for residential, business, industrial, local authority, governmental or other purposes. the prohibition or restriction of the use of land in conflict with the terms of the scheme and matters connected therewith. (xxv) 55 General principles for land development and conflict resolution CHAPTER I Application of principles for land development

68. The laws specified in the Schedule are hereby amended to the extent set out in the third column thereof. Short title and commencement

69. This Act shall be called the Development Facilitation Act, 1995, and shall come 50 into operation on a date fixed by the President by proclamation in the Gazette. 80 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACf, 1995. SCHEDULE LAWS AMENDED No. and year of law Act No. 47 of 1937 Short title · . Deeds Regis~es Act, 1937 · · · Act No. 68 of 1981 Alienation of Land Act, 1981 Extent or amendment · I. Amendment of section 3 by the insertion after paragraph (d) of subsection (l) of the following paragraph: · · · "(d)bis register deeds of transfer of ini tial ownership as contemplated in section 62 of the Development Facilitation Act, 1995 ;".

2. Amendment of section 10 by the substitu tion for paragraph (q) of subsection (1) of the following paragraph: "(q) the form of applications, deeds and registers which shall be used in connection with the registration of a right of leasehold, of initial owner ship contemplated in section 62 of the Development Facilitation Act, 1995, and any other real right in respect efland held under such right of leasehold or initial ownership;".

3. Amendment of section I 02 by the substi tution in subsection ( 1) for the definition of "immovable property" of the following definition: " 'immovable property' includes--- (a) any registered lease of rights to min erals; (b) any registered lease of land which, when entered into, was for a period of not less than ten years or for the natural I ife of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee indefinitely or for periods which together with the first period amount in all to not less than ten years; [and] (c) a registered right of lease hold; and (d) a registered right of initial owne~ip contemplated in section 62 of the Development Facilitation Act, 1995;". I. Amendment of section 1- (a) by the substitution for paragraph (a) of the definition of "land" of the follow ing paragraph: "(a) includes- (i) any unit; (ii) any right to claim trans fer of land; (iii) any undivided share in land; (iv) initial ownership referred to in section 62 of the Development Facilita tion Act, 1995;" and 82 No. 16730 Act No. 67, 1995 GOVERNMENTGAZETIE;40CfOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 No. and year of Jaw Short title Extent of amendment (b) by the substitution for the definition of "registrable" of the following dcfini- tion: " 'registrable'; in relation to land, means capable of being registered as the subject of a separate title deed in a deeds registry in that the require- ments of any law relating to such registration have been complied with, and includes caEable of being transferred in initial ownershij! as contem(!lated in section 62 of the Facilitation Act, Develol!ment 1995;". - .. Act No.2 of 1987 Housing Act (House of Represen- tatives), 1987 I. Amendment of section 86A- (a) by the substitution for subsection (I) of the following subsection: " (I) If the Housing Board, a local authority or a utility company or other body intends to transfer own- ership in respect of any piece of land on which a dwelling was constructed in terms of the provisions of the Housing Act, 1966 (Act No. 4 of 1966), or this Act, before 1 July 1983 or before a later date determined by the Minister by notice in the Gazette, it may do so, notwithstanding the provisions of this Act, by [submit- ting) lodging a [certificate of own· ership] deed of transfer, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No. 47 of 1937), and made out in the name of the transferee, at the deeds registry for the registration of such piece of land with a dwelling thereon in the name of the transferee."; (b) by the substitution for subsections (3), (4) and (5) of the following subsections: "(3) A deed of transfer referred to in subsection (I) shall be EreEared by- (a) a conve~ancer, or (b) if the owner of the (!ieee of land with a dwellins thereon is the State or an;)' local government bodl::. an~ officer in the (!Ublic service or ~rson in the em(!IO;)' of such local government bod~. as the case mal:: be, who has been designated for the ru~e b;)' the Minister of Land Affairs, a Pre- mier or a local sovemment bod;)'. as the case ma;t be. (4) A deed of transfer referred to in subsection (I) shall be in the form Erescribed under the Deeds Regis- tries Act, 1937, and shall be signed b:l: the owner of the 2iece of land with a dwelling thereon or his or her dull:: authorised agent in the (!resence of a conve:l:ancer referred to in sub- section (3)(a) or officer or ~rson referred to in subsection (3)(b) in the manner prescribed under that AcL p) An oUlcer or ~rson ret erred to in subsection (3)(b)-- .. ; .. .. S4 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETfE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 No. and year or law Short title Extent or amendment (a) shall disclose the fact that the deed of transfer referred to in subsection (I), or an:z: ~ower of attome:z:, a(!Elication or consent. which ma:z: be ~uired b:z: the registrar for the rurposes of the re~istration of the transfer was ~reEared b:z: him or her, b:z: sign- in~ an endorsement to that effect on the deed of transfer, ~wer of attome:z:, a~~lication or consent, as the ca~e ma:t be, and b:z: virtue of such signing acceEts, mutatis mutandis, in terms of section 15A(I) and (2) of the Deeds Registries Act, 1937, resronsibil- i!}: for the correctness of the facts stated in an:z: such document; and (b) ma:z:, des(!ite anything to the contr~ contained in an:z: other law, ~rform all of the functions of a conve:z:ancer in relation to the registration of a deed of transfer as contemrlated in this section."; and (c) by the insertion after subsection (5) of the following subsections: "(6} A conve:tancer, officer or ~rson referred to in subsection (3) shall lodge the deed of transfer together with the necess~ SUQ(!2rl- in!l documents at a deeds regist!)' in the manner rrescribed under the Deeds Registries Act, 1937. (7) The registrar shall deal with a deed of transfer and the other docu- ments referred to in subsection (6) as if such deed of transfer were ex- ecuted in the rresence of the regis- trar in terms of section 20 of the Deeds Registries Act, 1937 . (8) OwnershiQ of a riece of land" with a dwelling thereon shall be deemed to have been transferred on the date of registration b:z: the res is- trar of a deed of transfer referred to in subsection (It. (9) Section 17(1) and (2) of the Deeds Registries Act, 1937, shall not 3(!Ql:t to and no transfer dut:z: or stamr dut:t shall be Ea:table in re- s~ct of the transfer of ownershiE of an:z: Eiece of land with a dwelling thereon in terms of this section.".

2. Section I shall come into operation three months after the commencement of this Schedule . Development Act (House of Rep- 1. Amendment of section 40A- resentatives), 1987 (a) by the substitution for subsection (1) of the following subsection: ·- .. . ··-·-· .. Act No. 3 of 1987 -. 86 No. 16730 Ad No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 · No. and year of law Short title Extent of amendment .. --- - - I : -- . - . -·- . - .. . . . . . .• -- . ... ... - .. .. < . . - . .. ' . ... - .. ,. - .. ... : • .1< "(1) If the Development Board intends to transfer ownership in re- spect of any piece of land on which a dwelling was constructed before 1 July 1983, or before a later date detennined by the Minister by notice in the Gazette, and which dwelling was let or sold in terms of the provisions of the Community De vel- opment Act, 1966 (Act No. 3 of 1966), or this Act, it may do so by [submitting] lodging a [certificate of ownership] deed of transfer, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No. 47 of 1937), and made out in the name of the transferee, at the deeds registry for the registration of such piece of land in the name of the transferee."; (b) by the substitution for subsections (3), (4) and (5) of the following subsections: "{3) A deed of transfer referred to in subsection (I) shall be 2re2ared by (a) a convel::ancer; or (b) if the owner of the Eiece of land is the State or an):: local govern- ment bod~, ant officer in the eublic service or ~rson in the emelot of such local government bod~. as the case rna~ be, who has been designated for the eur- ~se b:t the Minister of Land Affairs, a Premier or a local government bod~, as the case mar be • (4)Adeed of transfer referred to in subsection (I) shall be in the form erescribed under the Deeds Regis- tries Act, 1937, and shall be signed b:t the owner of the Eiece of land or his or her dul:t authorised agent in the 2resence of a converancer re- ferred to in subsection (3~(a) or officer or E!:rson referred to in sub- section (3)(b) in the manner ere- scribed under that Act (5) An officer or E!:rson referred to in subsection (3)(b}- (a) shall disclose the fact that the deed of transfer referred to in subsection (I), or anr ~wer of anomer. aEEiication or consent, which rna~ be resuired b~ the registrar for the purposes of the registration of the transfer was 2re2ared b):: him or her, br signing an endorsement to that effect on the deed of transfer, ~wer of attomel, aE£lication or consent, as the case mar be, and b~ virtue of such si!l!!ing 88 No. 16730 Act No. 67. 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 No. and year of Jaw · Short title Extent of amendment ' . . ·' ... . . ... .. . • . .. - . , i ' .... .. .. . . . . .. -· - · - .. . . ... - . ; ' ; .. .... . . . . .. .. .. . . . . .. .. ·- . - - .. Act No .. . 81 of 1988 - . . .. .. -. .. · - · .. ' " acceEtS, mutatis mutandis, in tenns of section 15A( I! and (2) of the Deeds Re,!listries Act, 1937, res~nsibilit:z: for the cor- rectness of the facts stated in an:z: such document; and (b) ma:z:. des2ite an:z:thin.!l to the con- tr~ contained in an:z: other law, ~rform all of the functions of a conve:z:ancer in relation to the re.!listration of a deed of transfer as contem2lated in this section."; and (c) by the insenion after subsection (5) of the following subsections: "~6~ A conve:z:ancer. officer or person referred to in subsection (3) shall lodge the deed of trnnsfer together with the necess~ su222rt- ing documents at a deeds registry in the manner 2rescribed under the Deeds Resistries Act. 1937 . {7~ The registrar shall deal with a deed of transfer and the other docu- ments referred to in subsection (6) as if such deed of transfer were ex- ecuted in the 2resence of the regis- trar in terms of section 20 of the Deeds Registries Act. 1937. (8) OwnershiE of the Eiece of land shall be deemed to have been trans- ferred on the date of registration b:z: the registrar of a deed of transfer referred to in subsection ~I~· ~9) Section 17(1~ and (2~ of the Deeds Registries Act, 1937, shall not aEEl:z: to and no transfer dut:z: or stamE du!! shall be Ea:z:able in re- SEt of the transfer of ownershiE of an:z: Eiece of land in terms of this section. " . .. .. . - ..

2. Section 1 shall come into operation three months after the commencement of this Schedule. Conversion of Certain Rights into I. Amendment of section 5- Leasehold or Ownership Act, (a) by the substitution for paragraph (b) of subsection (I) of the following para- 1988 graph: "(b) in terms of section 4{1)(b), he shall lodge such declaration and a [certificate or ownership) deed of transfer, on the form prescribed for that purpose un- der the Deeds Registries Act, 1937 (Act No. 47 of 1937), and made out in the name of the person mentioned in the decla- ration, with the registrar con- cemed (who shaU- 90 No. 16730 Act No. 67, 1995 · GOVERNMENT GAZETTE, 4 OCTOBER 199.5 DEVELOPMENT FACIUTATION ACT, 1995 No. and year of law Short title Extent of amendment (i) notwithstanding the provi· sions of the sald Act, register the transfer or ownership of the atrected site concerned by signing the certificate of own· ership; and (il) when the transfer of owner· ship of that a.lrected site haS been reglstered- (aa) make an entry of such transfer of ownership In the applicable regis· ters; rue the declaration and .signed certificate of ownership in the deeds registry in such man ner as he may consider fit; and (bb) (cc) make a copy of the signed certificate of ownership avaiJable to the Director-General for delivery to the per· son to whom that af. fected site has been transferred.]"; (b) by the insertion after subsection (1) of the following subsection: "(lA) (a) A deed of transfer re ferred to in subsection (l)(b) shall be prepared by- (i) a conveyancer; or (ii) if the owner of the affected site is the State or any local govern ment body. any officer in the public service or person in the employ of such local govern ment body, as the case may be, who has been designated for the purpose by the Minister of Land Affairs, a Premier or a local government body, as the case may be. (b) A deed of transfer referred to in subsection (I)( b) shall be in the form prescribed under the Deeds Regis tries Act, 1937, and shall be signed by the owner of the affected site or his or her duly authorised agent in the presence of a conveyancer re ferred to in paragraph(a)(i) or officer or person referred to in paragraph (a)(ii) in the manner prescribed un der that Act. (c) An officer or person referred to in paragraph (a)(ii}= 92 No. 16730 Act No. 67,1995 GOVERNMENT GAZETIE. 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 No. and year or law Short title Extent or amendment . .. . . ,. .. .. - ' • (i) shall disclose the fact that the deed of transfer referred to in subsection (I!(b), or an~ ~wer of attorne~. arrJication or con- sent, which rna~ be !!9uired b~ the resistrar for the ru~ses of the registration of the transfer was ~rared bl': him or her, b~ sisning an endorsement to that effect on the deed of transfer, ~wer of attome~. arrlication or consent, as the case ma:r be, and b~ virtue of such signing ac- certs, mutatis mutandis, in terms of section 15A(I) and (2) of the Deeds Registries Act, 1937, re- s~nsibilitl': for the correctness of the facts stated in anl': such document; and (ii) ma~. desrite an~thing to the contr!!!l: contained in an~ other law, ~rform all of the functions of a convel:ancer in relation to the registration of a deed of transfer as contemrlated in this section. (d) A conve~ancer, officer or ~r- son referred to in rara~rn (a) shall lodge the deed of transfer together with the necessary surrorting docu- ments at a deeds regis!!): in the manner Erescribed under the Deeds Registries Act, 1937. (e) The reeistrar shall deal with a deed of transfer and the other docu- ments referred to in rara~rh (d) as if such deed of transfer were ex- ecuted in the Eresence of the regis- trar in terms of section 20 of the Deeds Registries Act, 1937. fJ1 Ownershi)! of the affected site shall be deemed to have been trans- ferred on the date of registration b~ the registrar of a deed of transfer referred to in subsection (l)(b). (~) Section 17(1) and (2~ of the Deeds Registries Act, 1937, shall not arrl~ to and no transfer dut~ or stamE dut~ shall b~ ra~able in re- s~t of the transfer of ownershir of the affected site in terms of this section. (h) Section~ 4(2) and 5(1)(a)(ii) shall mutatis mutandis arrl~ in re- spect of a deed of transfer referred to in subsection (l)(b).": and (c) by the deletion of paragraph (b) of subsection (3).

2. Section 1 shall come into operation three months after the commencement of this Schedule. 94 No. 16730 Act No. 67, 1995 No. and year of law Act No. 112 of 1991 . - -- - - GOVERNMENT GAZEITE, 4 OcroBER 1995 DEVELOPMENT FACILITATION ACf, 1995 Short title Upgrading of land Tenure Rights 1. Amendment of section 3- Act,1991 Extent of amendment (a) by the substitution for subsection (I) of the following subsection: "(1) Any land tenure right men· tioned in Schedule 2 and which was granted in respect of- (a) any erf or any other piece of land in a formalized township for which a township register was or is opened either before or after the commencement of this Act; or (b) any piece of land which is sur- veyed under a provision of any law and does not form part of a township, shall, upon the submission by the owner of such erf or piece of land at the deeds registry of a [certificate of ownership] deed of transfer, on the form prescribed for that purpose under the Deeds Act and made out in the name of the person who is the holder of the relevant land tenure right, be converted into ownership by the registrar of deeds by the registration of such erf or piece of land in the name of such person ... ; (b) by the substitution for subsections (2), (3), (4) and (5) of the following subsec- lions: "(2) A deed of transfer referred to in subsection (1) shall be EreEared by (a) a conveyancer; or (b) iftheowneroftheerfoq:!ieceof land is the State or an~ local government bod~. an;r: officer in the Eublic service or ~rson in the emEio~ of such local,!lovem- ment bod;r:. as the case rna~ be, who has been designated for the Eu~se b~ the Minister, a Prem- ier or a local ,!lOvemment bod~, as the case may be. (3) A deed of transfer referred to in subsection (I) shall be in the form Erescribed under the Deeds Act and shall be signed b~ the owner of the erf or Eiece of land or his or her dul;r: authorised agent in the Eresence of a conve;r:ancer referred to in subsec- tion (2)(a) or an officer or ~rson referred to in subsection (2)(b) in the manner ere scribed under that Act. 96 No. 16730 GOVERNMENT GAZEITE, 4 OCIUBER 1995 Act No. 67, 1995 DEVELOPMENT FACll.ITATION ACf,l995 No. and year of law Short title Extent or amendment ( 4) An officer or ~rson referred to in subsection (2)(b}- (a) shall disclose the fact that the deed of transfer referred to in subsection (1), or anx ~wer of attomex. a~rlication or consent, which max be reguired bl the registrar for the £U!:£2ses of the registration of the transfer was rre£ared bx him or her, bl sign- ing an endorsement to that effect on the deed of transfer, ~wer of attorne~. a££1ication or consent, as the case rna~ be, and b~ virtue of such signing acce12ts, mutatis mutandis, in terms of section 15A(I) and (2) of the Deeds Act, res~nsibil itl for the correctness of the facts stated in an~ ~uch document; and (b) max. des[!ite anxthing to the contrary contained in an:i other law, E!:rform all of the functions of a convexancer in relation to the registration of a deed of transfer as contem£1ated in this section. (5) A conve:iancer, officer or rerson referred to in subsection (2) shall lodge the deed of transfer together with the necessa!:l SU£~rtinjl documents at a deeds regis!!): in the manner 12rescribed under the Deeds Act."; and (c) by the insertion after subsection (5) of the following subsections: "(6) The registrar shall deal with a deed of transfer and the other docu- ments referred to in subsection (5) as if such deed of transfer were ex- ecuted in the E!resence of the regis- trar in terms of section 20 of the Deeds Act. (7) Ownershi£ of the erf or £ieee of land shall be deemed to have been transferred on the date of registration bl the rej!istrar of a deed of transfer referred to in subsection (I) . (8) Sections 17(1) and (2) of the Deeds Act shall not applX to and no transfer dutl or stam2 dull shall be ~axable in resE!:ct of the transfer of ownershiE of anl erf or Eiece of land in terms of this section." . : · ' " .. .. ·- - . .. ; . . . . .. ~ ; .. 98 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCI'OBER 1995 DEVELOPMENT FACILITATION ACT, 1995 No. and year of law Short title Extent of amendment

2. Amendment of section 13- (a) by the substitution for subsection (1) of the following subsection: "(I) If a township owner, with reference to any formalized town- ship, intends to transfer ownership in respect of any erf or any other piece of land in respect of which no land tenure right has been granted, he may do so by [submitting] lodging a [certificate or ownership] deed of transfer on the form prescribed for that purpose under the Deeds Act and made out in the name of the transferee, at the deeds registry for the registration of such erf or piece of land in the name of the trans- feree.u; (b) by the substitution for subsections (3), (4) and (5) of the following subsections: "(3) A deed of transfer referred to in subsection i Q shall be l!rel!ared by (a) a conve;r:ancer; or (b) if the owner of the erf or !!ieee of land is the State or an;r: local government bod;r:, an;r: officer in the-Eublic service or ~rson in the eml!lo;r: of such local govern, ment bod;r:, as the case ma;r: be, who has been designated for the EU!:E5!se b;t the Minister, a Pre- mier or a local government bod;r:, as the case ma;r: be. (4)Adeed of transfer referred to in subsection i I) shall be in the form 12rescribed under the Deeds Act, and shall be sisned b~ the owner of the erf or J2iece of land or his or her dul;r: authorised agent in the l!resence of a conve~ancer referred to in subsec- tion (3)(al or an officer or ~rson referred to in subsection (3)(b) in the manner 12rescribed under that Act (5) An officer or ~rson referred to in subsection (3)(b}- 100 No. 16730 Act No. 67,1995 GOVERNMENT GAZEITE, 4 OCTOBER 1995 DEVELOPMENT FACUJTATION ACT, 1995 No. and year of law Short title Extent of amendment (a) shall disclose the fact that the deed of transfer referred to in subsection (I), or an~ power of attorne~. a22lication or consent, which max be resuired b~ the registrar for the rurposes of the registration of the transfer was 2rerared bX him or her, bX sign- ing an endorsement to that effect on the deed of transfer, rower of attornex. aeelication or consent, as the case max be, and bx virtue of such signing accerts, mutatis mutandis, in terms of section 15A(I) and (2) of the Deeds Act, res~nsibilitX for the correctness of the facts stated in an~ such document; and (b) rna~. deseite an~hins to the contra~ contained in anl other law, ~rform all of the functions of a convexancer in relation to the registration of a deed of transfer as contemf!lated in this section."; and (c) by the insertion after subsection (5) of the following subsections: "(6) A convexancer, officer or ~rson referred to in subsection (3) shall lodse the deed of transfer to!!ether with the necess~ su2eort- ing documents at a deeds regist~ in the manner erescribed under the Deeds Act. (7) The registrar shall deal with a de.ed of transfer and the other docu- rnents referred to in subsection (6) as if such deed of transfer were ex- ecuted in the 2resence of the regis- tear in terms of section 20 of the Deeds Act. (8) OwnershiE of the erf or 2iece of land shall he deemed to have been transferred on the date of registration bl the registrar of a deed of transfer referred to in subsection (I). (9) Section 17(1) and (2) of the Deeds Act shall not aeetx to and no transfer dut~ or starn2 dull:: shall be ra~able in res~t of the transfer of ownershi£ of anx erf or eiece of land in terms of this section.".

3. The amendment of section 18F- (a) by the substitution for subsection (2) of the following subsection: "(2) Any land tenure right men· tioned in Schedule 2 and granted in respect of any piece of land in an area- (a) which has been declared under section I 8A(l) to be a rural settlement; and · - '. " ' ' 102 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 No. and year of law Short title Extent of amendment · · .. - .. . . . . . .. - - . . .. .. .. .. . .~ . . ' ' .. . . .. - . .. ; - .. •· .. . ' .·• . . . . - .. ·· .. ... .. .. . . .. ! •' - . . .. .. .. .. ... . - . . ' .. (b) in respect of which the relevant title deed, diagram, general plan and register have been produced to the registrar of deeds in tenns of subsection (I), shall, upon the lodgement by the owner of such piece of land at the relevant deeds registry of a [certificate of ownership] deed of transfer, on the fonn prescribed for that purpose under the Deeds Act and made out in the name of the person who is the holder of the relevant land tenure right, be con- verted into ownership by that regis- trar of deeds by the registration of the piece of land in the name of the said person: Provided that the regis- trar of deeds shall not so register any piece of land unless a certificate of rights to minerals has been taken out for the reservation of the rights to minerals in respect of such piece of land or the land on which such area is situate, as the case may be."; (b) by the substitution for subsections (3): (4), (5), (6) and (7) of the following subsections: "(3) A deed of transfer referred to in subsection ~2) shall be (!re[!arcd by (a) a conve:t:ancer, or (b) if the owner of the (!ieee of land is the State or an~ local govern- ment bod~, an:z: officer in the 2ublic service or I!!:rson in the ern[!IO~ of such local govern- rnent bod~, as the case rna~ be, who has been designated for the Eu~se b~ the Minister, a Pre- local government mier or a bod~, as the case rna~ be. (4) A deed of transfer referred to in subsection (2) shall be in the fonn :erescribed under the Deeds Act and shall be signed b~ the owner of the (!ieee of land or his or her dul~ authorised agent in the ~esence of a conve~ancer referred to in subsection (3)(a) or an officer or ~rson referred to in subsection (3)(bl in the manner (!rescribed under that Act . (5) An officer or I!!:rson referred to in subsection (3)(b)- 104 No.16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 . DEVELOPMENT FACILITATION ACf, 1995 No. and year of law Short title Extent of amendment ' .. . - ' ' l , ' .. ·.· . ., . , : . . . • .. ; . . .. -· . - .. " . . ' !- . . , : , .. .. . . . ., .. . ' .. ' ·, .. . ·• - ., - . ... .. . . .. - .. . - . . - ActNo.ll3 of 1991 Less Formal Township Establish- mem Act, 1991 (a} shall disclose the fact that the deed of transfer referred to in subsection (2), or an;r: ~wer of attome;r:, a2£1ication or consent, which ma;r: be ~uired b;t: the registrar for the I!U~SeS of the resistration of the transfer was ETeEared b;t: him or her, b;t: signing an endorsement to that effect on the deed of transfer, ~wer of attome;r:, aEEiication or consent. as the case ma;r: be, and b;t: virtue of such signing acceEts, mutatis mutandis, in tenns of sec- tion I SA( I) and (2) of the Deeds Act, res~nsibili~ for the correct· ness of the facts stated in an:r: such document; and (bl ma;r:. desEite an:r:thing to the con· ~ contained in an;r: other law, perform all of the functions of a conve~ancer in relation to the res- istration of a deed of transfer as contemElated in this section. (6) A conve;r:ancer, officer or other ~rson referred to in subsection (3) shalltodse the deed of transfer together with the necess!:!!l su2~rting docu- ments at a deeds regist!I in the manner Erescribed under the Deeds Act . (7) The resistrar shall deal with a deed of transfer and the other docu- ments referred to in subsection (6) as if such deed of transfer were executed in the Eresence of the resistrar in tenns of section 20 of the Deeds Act."; and (c) by the insertion after subsection (7) of the following subsections: '"(8) OwnershiE of the Eiece of land shall be deemed to have been transferred on the date of registration b:t: the registrar of a deed of transfer referred to in subsection (2). (9) Section 17(1) and (2~ of the Deeds Act shall not aEEI:t: to and no transfer dut;t or stamE dut;t shall be Ea;table in resP!ct of the transfer of ownershiE of an;r: Eiece of land in tenns of this section.".

4. Sections 1, 2 and 3 shall come into operation three months after the commence- ment of this Schedule. I. Amendment of section 9- (a) by the substitution for subsection (1) of the following subsection: 106 No. 16730 Act No. 67,1995 GOVERNMENT GAZElTE, 4 OCTOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 No. and year of law Short title Extent of amendment · .. " . . - - . . . .. .. - . .. . . . -- - .. .. '' . " . . .. -- -- . ' "( 1) If, at an allocation under section 8(1), the developer intends to transfer ownership of an erf, he shall, as soon as the township register in respect of the designated land has been opened, or, if such allocation takes place after the opening of the township register, as soon as pos- sible after the allocation, [submlt] lodge a [certificate of ownership] deed of transfer, made out in the name of the person to whom the erf has been allocated, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No . 47 of 1937), [to]!! the deeds regis- try, whereupon the registrar of deeds shall register the erf in the name of such person.": (b) by the substitution for subsections (2), (3) and (4) of the following subsections: "(2) A deed of transfer referred to in subsection (1~ shall be 2re12ared by (a) a conve;r:ancer; or (b) if the owner of the erf is the State or an:r: local sovemment bod:t:, an:r: officer in the J!Ublic service or ~rson in the em12lo:r: of such local government bod:z:, as the case rna:z: be, who has been designated for the J!U~e b:z: the Minister of Land Affairs, a Premier or a local sovemment bod;t:. as the case ma;r: be . (3) A deed of transfer referred to in subsection ~I) shall be in the form Erescribed under the Deeds Regis- tries Act, 1937, and shall be signed b:t the owner of the erf or his or her dul;r: authorised agent in the 12resence of a conve;r:ancer referred to in sub- section (2)(aJ or an officer or E!:rson referred to in subsection (2)(b) in the manner Erescribed under that Act. ""l4) An officer or E!:rson referred to in subsection ~2)!bt-- 108 No. 16730 Act No. 67, 1995. GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION Acr, 1995 No. and year of Jaw Short title Extent of amendment ' (a) shall disclose the fact that the deed of transfer referred to in subsection (I), or any power of attorney. application or consent, which may be required by the registrar for the purposes of the registration of the transfer was prepared by him or her, by sign ing an endorsement to that effect on the deed of transfer, power of attorney, application or consent, as the case may be, and by virtue of such signing accepts, mutatis mutandis, in terms of section 15A(l) and (2) of the Deeds Registries Act, 1937, responsi· bility for the correctness of the facts stated in any such docu ment; and (b) may, despite anything to the contrary contained in any other law, perform all of the functions of a conveyancer in relation to the registration of a deed of transfer as contemplated in this section."; and (c) by the insertion after subsection (4) of the following subsections: "(5) A conveyancer, officer or person referred to in subsection (2) shall lodge the deed of transfer together with the necessary support ing documents at a deeds registry in the manner prescribed under the Deeds Registries Act, 1937. (6) The registrar shall deal with a deed of transfer and other documents referred to in subsection (5) as if such deed of transfer were executed in the presence of the registrar in terms of section 20 of the Deeds Registries Act, 193 7. (7) Ownership of the erf shall be deemed to have been transferred on the date of registration by the regis trar of a deed of transfer referred to in subsection (I). (8) Section 17(1) and (2) of the Deeds Registries Act, 1937, shall not apply to and no transfer duty or stamp duty shall be payable in re spect of the transfer of ownership of any erf in terms of this section.".

2. The amendment of section 16- (a) by the substitution for subsection (I) of the following subsection: 110 No. 16730 GOVERNMENT GAZETTE, 4 OCfOBER 1995 Act No. 67, 1995 DEVELOPMENT FAClllTATION ACf, 1995 No. and year of law Short title Extent of amendment • . .. . . . .. . . ·--- -· .. ... .. . .. .. - - . . ; , - .. - .. - .. - ··- ;. -- - , . ·- - - - - - ~ .. . ' ' .. .. ---- . -- ·- ...•.. . -. . - - ·- - .. ' .. ~ .. . - - -- " ... , .· !·· ... . . · . ... .. .. - · -- • '! - .. . . . -- .. lodge [submit} "(I) If the tribe, in accordance with a decision referred to in section 25( I). intends to transfer ownership in an erf to a tribe member, it shall, after the township register in respect of the land concerned has been a opened, [certificate of ownership] deed of transfer, made out in the name of the person to whom the erf is to be transferred, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No. 47 of 1937), [to] at the deeds registry, whereupon the registrar of deeds shall register the erf in the name of such person."; (b) by the substitution for subsections (2), (3) and ( 4) of the following subsections: "(2) A deed of transfer referred to in subsection ~ 1) shall be EreEared by (a) a conve:rancer; or (b) if the owner of the erfis the State or an;t local government bod;t • an;t officer in the Eublic service or ~rson in the emElo:r of such local government bod:r. as the case rna:r be, who has been designated for the EU~se b:t the Minister of Land Affairs, a Premier or a local government bod:t, as the case ma:r be. (3)Adeed of transfer referred to in subsection (I) shall be in the form 2rescribed under the Deeds Regis- tries Act, 1937, and shall be signed bz: the owner of the erf or his or her dulz: authorised a11ent in the Eresence of a conve;tancer referred to in sub- section (2)(a) or an officer or ~rson referred to in subsection (2)(b) in the manner Erescribed under that Act. (4) A ~rson or officer referred to in subsection (2)(b)- (a) shall disclose the fact that the deed of transfer referred to in subsection (I). or an;t Eower of anomer. aEEiication or consent, which ma;t be reguired b:t the registrar for the Eu~ses of the registration of the transfer was J2re11ared b;t him or her. b~ sign- ing an endorsement to that effect on the deed of transfer, ~wer of attorne;t. al?.Elication or consent, as the case ma:t be, and b;t virtue of such signing acceEtS, mutatis mutandis, in terms of section 15A(l) and (2) of the Deeds Registries Act, 1937, res~nsi- bilit:t for the correctness of the facts stated in anl: such docu- ment;and (b) maz:, des~ite an;tthing to the contr~ contained in anl: other law, ~rform all of the functions of a conve:tancer in relation to the registration of a deed of tran~fer as contem~lated in this section."; and - .. 112 No. 16730 Act No. 67, 1995 No. and year or law . . .. .. , _ - ;. .. - .. GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPM:Ef\I'T FACIUTATION ACT, 1995 Short title Extent of amendment (c) by the insertion after subsection ( 4) of the following subsections: "(5) A conve:iancer, officer or ~rson referred to in subsection ~22 shall Jodse the deed of transfer together with the necess~ su12port- ing documents at a deeds regis~ in the manner I!rescribed under the Deeds Registries Act, 1937. (6) The registrar shall deal with a deed of transfer and the other doeu- ments referred to in subsection (5) as if such deed of transfer were ex- ecuted in the I!resence of the regis- trar in terms of section 20 of the Deeds Registries Act, 1937. (7) OwnershiE of the erf shall be deemed to have been transferred on the date of registration b:i the regis- trar of a deed of transfer referred to in subsection (I). (8) Section 17{1) and (2) of the Deeds Registries Act, 1937, shall not aEEI:i to and no transfer dut;i or stam12 dut~ shall be I!a:iable in re- s~ct of the transfer of ownershiJ2 of an:i erf in terms of this section.".

3. Sections 1 and 2 shall come into operation three months after the commencement of this Schedule. Act No: 126 of 1993 . Provision of Certain Land for 1. Amendment of section 1 by the substitu- tion for the definition of "Minister" of the Settlement Act, 1993 following definition: ... - .. ' . .. ~ l ' .. -· .. .. . . · · .. " 'Minister' means the Minister of (Regional and] Land Affairs;".

2. Amendment of section 9- (a) by the substitution for subsection (I) of the following subsection: lodge "(1) If ownership in a piece of land referred to in section 5 is transferred, the developer shall, as soon as the surveying thereof is completed, a [submit] (certificate of ownership] deed of transfer, made out in the nameofiiie person to which such piece of land has been alienated, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No. 47 of 1937), (to]~ the deeds regis- tty, whereupon the registrar of deeds shall register such piece of land in the name of that pen;on."; (b) by the substitution for subsections (2), (3) and (4) of the following subsections: 114 No. 16730 Act No. 67, 1995· GOVERNMENT GAZE'ITE; 4 OCI'OBER 1995 · DEVELOPMENTFAClllTATION ACf, 1995 . No. and year of Jaw Short title Extent of amendment., ·•· "(2) A deed of transfer referred to in subsection (I) shall be prepared by (a) a conveyancer. or (b) if the owner of the piece ofland is the State or any local govern ment body, any officer in the public service or person in the employ of such local govern ment body, as the case may be, who has been designated for the purpose by the Minister, a Prem ier or a local government body, as the case may be. (3) A deed of transfer referred to in subsection (I) shall be in the form prescribed under the Deeds Regis tries Act, 1937, and shall be signed by the owner of the piece of land or his or her duly authorised agent in the presence of a conveyancer re ferred to in subsection (2)(a) or an officer or person referred to in sub section (2)(b) in the manner pre scribed under that Act. ( 4) An officer or person referred to in subsection (2)(b}- (a) shall disclose the fact that the deed of transfer referred to in subsection (I), or any power of attorney, application or consent. which may be required by the registrar for the purposes of the registration of the transfer was prepared by him or her, by sign ing an endorsement to that effect on the deed of transfer, power of attorney, application or consent, as the case may be, and by virtue of such signing accepts, mutatis mutandis, in terms of section 15A(l) and (2) of the Deeds Registries Act, 1937, responsi bility for the correctness of the facts stated in any such docu ment; and (b) may, despite anything to the contrary contained in any other law, perform all of the functions of conveyancer in relation to the registration of a deed of transfer as contemplated in this sec tion."; and (c) by the insertion after subsection (4) of the following subsections: "(5) A conveyancer, officer or person referred to in subsection (2) shall lodge the deed of transfer together with the necessary support ing documents at a deeds registry in the manner prescribed under the Deeds Registries Act. 1937. 116 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 No.. and year or law Short title Extent or amendment . . .. .. - .. . . - .. .. . .. . . . . - .. ' - - ·. ,. (6) The registrar shall deal with a deed of transfer and other documents referred to in subsection (5) as if such deed of transfer were executed in the l!resence of the registrar in terms of section 20 of the Deeds Registries Act, 1937. (7) Ownershi(! of the Eiece of land shall be deemed to have been trans- ferred on the date of registration b~ the registrar of a deed of transfer referred to in subsection (I). (8~ Section 17(1) and (2) of the Deeds Registries Act, 193 7, shall not aEEI~ to and no transfer or stamE du!X shall be Ea~able in res~t of tbe transfer of ownershi(! of land referred to- (a) in section 2{1 )(a) and (b); or (b) in section 2(1)(cJ the owner of which is a develoEment bod~. " .

3. The substitution for section 10 of the following section: "10. The (Administrator] Minis- ter may, from money appropriated by Parliament for this purpose, in the prescribed manner grant an advance or a subsidy to any person, [for the development or designated land) including a ~rson, trust, &!£UE of ~rsons or juristic ~rson contem- Elated in section 51(2)(b) of the Facilitation Act, Develo2ment 1995- (a) in relation to an~ as~ct of the develoEment of land which is desi&nated land, or a land devel- o2ment area as contem2lated in DeveloEment Facilitation the Act, 1995; (b) for the acguisition of designated land or of a land develoEment area contemEiated in the said Act; ( c) for the benefit of occu2ants of land not owned b~ them, for the E~se of c~ing on a devel- DEment on such land, with the consent of the owner of such land and in terms of an a~- ment, comEil':ing with the Ere· scribed guidelines, entered into between the owner of such land, the Minister and the said occu- pants.".

4. The repeal of section I 1.

5. Section 2 shall come into operation three months after the corrunencement of this Schedule.

2. The general principles set out in section 3 apply throughout the Republic and- ( a) shall also apply to the actions of the State and a local government body; 60 10 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 199S DEVELOPMENT FACILITATION ACf. I 995 (b). serve to guide the administration of any physical plan, transport plan, . guide plan, structure plan, zoning scheme or any like plan or scheme administered by any competent authority in terms of any law; (c) ·serve as guidelines by reference to which any competent authority shall exercise any discretion or take any decision in terms of this Act or any other 5 law dealing with land development, including any such law dealing with the subdivision, use and planning of or in respect of land; and (d) for the purposes of....:.. (i) Chapter II, serve as the general framework within which the Commission shall perform its functions and make recommendations and within which 10 those recommendations shall be considered by any competent authority; (ii) ·Chapter III, serve as principles by reference to which a tribunal shall · reach decisions; (iii) Chapter IV, provide the guidelines with which the formulation and implementation of land development objectives of local government 15 bodies and the carrying out of land development projects shall be consistent; (iv) Chapters V ·and VI, guide the consideration of land development applications and the performance of' functions in' relation to land development; and 20 · (v) Chapter VII, guide the administration of the registration of land tenure rights: · : · · · · ., General principles for land dev~Iopment · 3. (1) The following general principles apply, on the basis· set out in section 2, to all land development: . . , · . · · . . . ' 25 (a) Policy, administrative practice.and la~s should provide for urban and rural .land development and should facilitate the development of formal and informal,.existing· and new settlements. .. . (b) . Policy; . administrative practices· and laws should discourage the . illegal . occupation of land,' with due recognition of informal' land development 30 · processes.: . ·· · . . . · , (c) Policy, administrative practice and laws should promote efficient and · integrated land development in that they- ' (i) promote· the· integration of the social, economic, institutional and physical aspects Of land development; · (ii) promote integrated land development in rural and urban areas in support · (iii)' promote the availability of residential and employment opportunities in of each other; . · , ' 35 · close proximity to or integrated with each other; . . (iv) optimise the use of existing resources including such resources relating 40 to· agriculture~ land, minerals, bulk infrastructure, roads, transportation and social facilities; · · · · · ·· (v) promote a diverse co~bination of land uses, also at ·the level of individual erven or subdivisions of land; · · · . -' (vi) discourage the phenomenon of "urban sprawl" in urban 'areas and 45 contribute to ihe development of more compact towns and cities; (vii) contribute to the correction of the historically distorted spatial patterns of settlement in the Republic and to the optimum· use of existing infrastructure in excess of current needs; and (viii) encourage environmentally ·sustainable land development practices and 50 . processes. . .. .· . . . (d) Members' 'of'comlnunities affected by land development should actively participate in the process of land development. (e) The skills and capacities .of disadvantaged persons involved in land development should be developed. . . . . '/ ' ' . ' . r 55 (f) . . Policy, administrative practice and laws should encourage and optimise the ·'contributions of all sectors of the 'economy (government 'arid non-govern ment) to land development so as to maximise the Republic's capacity to undertake land development and to this end, and without derogating froin the generality of this principle- 60 12 No. 16730 Act No. 67,1995 GOVERNMENT GAZETTE, 4 OCTOBER 199~ DEVELOPMENT FACILITATION ACT, 1995 . . ···. (i) national, provincial and local governments should strive clearly to define • and make known the required functions and responsibilities of all sectors of the economy in relation to land development as well as the de.sired relationship between such sectors; and (ii) . a competent authority in national, provincial or local government . 5 responsible for the administration of any law relating to land develop ment shaH provide particulars of the identity of legislation· administered by it, the posts and names of persons responsible for the administration of such legislation and the addresses and locality of the offices of such persons to any person who requires such information. 10 (g) Laws, procedures and administrative practice relating to land development . should- . · (i) be clear and generally available to those likely to be affected thereby; (ii) · in addition to serving as regulatory measures, also provide guidance and · · · information to those affected thereby; · (iii) be calculated to promote trust and acceptance on the part of those likely to be affected thereby; and · · (iv) give further content to the fundamental rights setout in the Constitution. (h) Policy, administrative practice and laws. should promote sustainable land development at the required scale in that they should- (i) promote land development which is within the fiscal, institutional and · administrative means of the Republic; · (ii) promote the establishment of viable communities; (iii) promote sustained protection of the environment; (iv) meet the basic needs of all citizens in an affordable way; and (v) ensure the safe utilisation of land by taking into consideration factors 15 20 25 .. (j)' such as geological formations and hazardous undermined areas. (i) Policy, administrative· practice· and laws should promote speedy land . development. . .. Each proposed hind development area should be judged on its owri merits and 30 no particular use ·of land, such ·as residential, commercial, , conservational, industrial, community' facility, mining, agricultural or public use, should in advance or in general bC regarded as being less important or desirable than any other use of land. · · .. · (k) Land development should result in security of tenure, provide for the widest 35 possible range of tenure alternatives; including individual and coinrnunal . tenure, and in cases where land development takes' the form of upgrading an existing settlement, not deprive beneficial occupiers· of homes or land or, where it is necessary for land or homes occupied by them to be utilised for other purposes, their interests in such land or homes should be reasonably 40 accommodated in some other manner. · · · · (1) A competent authority at national, provincial and local government level should co-ordinate the interests of the various sectors involved in or affected by. land development so as to minimise conflicting demands on scarce ·resources. . ' ' 45 (m) Policy, administrative practice arid laws relating to land development should stimulate the effectiv~ functi!lning of a land development market based on open competition between suppliers of goods and services. · ·. (2) The Minister may by notice in the Gazette~ ·. ·. (a) prescribe any principle·· for land development in addition to, but not 50 . inconsistent with, the principles set out in subsection (1);' and (b)' prescribe any principle set out in subsection (1) in greater detail, but not inconsistent therewith, · ' · · · wh~reupon such principle shall apply throughout the Republic on the basis set out in section 2 .. 55 14 No. 16730 Act No. 67,1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 (3) The Premier of a province may by proclamation in the Provincial Gazette- ( a) prescribe any principle for land development in addition to, but not inconsistent with, the principles set out in subsection (l) or prescribed by the Minister under subsection (2); (b) prescribe any principle set out in subsection (1) or prescribed by the Minister 5 under subsection (2) in greater detail, but not inconsistent therewith; and (c) publish for general information provincial policy relating to land development or any aspect thereof which is consistent with the principles set out in or prescribed under subsections (1) and (2) and paragraphs (a) and (b), whereupon such principle or policy shall apply in the province on the basis set out in 10 section 2. (4) (a) The Minister shall, before prescribing any principle under subsection (2), cause a draft of such principle to be published in the Gazette and shall consider any comment on such draft principle received from any person during the period 30 days after such publication. 15 (b) A list of principles prescribed under subsection (2) shall be laid upon the Table of Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), and if Parliament by resolution disapproves of any such principles or any provision thereof, such principles or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in tenns of such 20 principles or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles or such provision before it so ceased to be of force and effect. (5) (a) The Premier shall, before prescribing any principle or policy under subsection (3), cause a draft of such principle or policy to be published in the Provincial Gazette 25 and shall consider any comment on such draft principle or policy received from any person during the period thirty days after such publication. (b) A list of principles and policies prescribed under subsection (3) shall be submitted to the provincial legislature, and if such provincial legislature by resolution disapproves of any such principle or policy, or any provision thereof, such principles or policy, or 30 provision, shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such principles, policy or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such principles, policy or such provision before it so ceased to be of force and effect. General principles for decision-making and conflict resolution 35 4. (l).The general principles set out in subsection (2) apply- ( a) to any decision which a competent authority, including a tribunal, may make in respect of any application to allow land development, or in respect of land · development which affects the rights, obligations or freedoms of any person or body, whether the application is made or the development undertaken in 40 terms of this Act or, subject to paragraph (c), in terms of any other law; (b) without derogating from the generality of paragraph (a), to any decision- (i) ·on the question whether any illegal use of land should henceforth be regarded as lawful; (ii) approving or disapproving of any proposed change to the use of land in 45 . the course of proposed land development; (iii) relating to the level or standard of engineering services that are to be provided in respect of land development; (iv) relating to the permitted periods within which comments or objections . should be provided and governmental decisions are to be taken during 50 the course of land development procedures; and · · (v) relating to the consequences for any land development orfor the rights and obligations of any person or body of a . failure to provide any comment, make any decision or perform any other act within a period of time contemplated in subparagraph (iv); and 55 (c) where a decision referred to in paragraphs (a) and (b) is made under any other law, only when such decision is made during the course of the administration 16 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE. 4 OCfOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 of a law made after the commencement of this Act by the legislature of a province or by a local government body, including such a law which is inconsistent with Chapter III. (2) The decisions contemplated in subsection ( l) shall be taken in accordance with the following general principles: 5 (a) The decisions shall be consistent with the principles or a policy set out in or prescribed under section 3. (b) The decisions shall be made by at least one appropriate officer in the service · of a provincial administration or local government body, and experts in the field of agriculture, planning, engineering, geology, mining, environmental 10 management, law, survey or such other field as may be determined by the Premier. (c) The officer and experts shall, before conducting a hearing or reaching a decision, enquire into and consider the desirability of first referring any dispute between two. or more parties in relation to land development to 15 mediation and if they- (i) consider mediation appropriate, they shall refer the dispute to mediation; · or (ii) . consider mediation inappropriate, or if mediation has failed, the officer and experts shall conduct a hearing appropriate in the circumstances and 20 reach a decision binding upon persons or bodies affected thereby, including the State or any local government body. (d) The hearing conducted by the officer and experts is open to the public and any, person entitled to appear at the hearing may be represented by any other ~00. (e) The officer and experts shall upon request provide written reasons for any ~ decision reached by them. . (f) The Director-General of a provincial administration shall keep a record of reasons provided in terms of paragraph (e), make such record available for inspection by members of the public and permit the publication of such 30 reasons by any person or body. (g) A decision made by the officer and experts shall be subject to review by any division of the Supreme Court of South Africa having jurisdiction. CHAPTER II Development and Planning Commission Establishment of Development and Planning Commission 5. (I) There is hereby established a juristic person to be known as the Development and Planning Commission. · (2) The Minister may, by notice in the Gazelle, disestablish the Commission as soon as its functions in terms of this Act have been concluded. Functions and powers of Commission and co-ordination of advice 35 40 · 6. (a) The Commission- : . (i) may of its own accord, and shall at the request of the Minister, advise the Minister on any matter falling within the scope of its terms of reference set out in section 14; and · 45 (ii) unless and until a provincial ·commission has been established or recognised under section II, may of its own accord and shall at the request of any Premier or MEC, advise such Premier or MEC on any matter referred to in subparagraph (i) insofar as such matter relates to land development and falls within a functional area specified in Schedule 6 to the Constitution. (b) The Minister shall, for the purpose of debating or co-ordinating the advice given by the Commission or of debating or co-ordinating the implementation of such advice throughout the Republic or in any part thereof, from time to time convene and attend meetings of MECs. 50 18 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 199S DEVELOPMENT FACIUTATION ACT, 199S Constitution of Commission . 7. (1) The Commission consislS of- (a) · not more than 24 members· (who are in the opinion of the Minister fairly representative of urban and rural interests or sectors) appointed by the Minister, of whom- · (i) nine shall be persons nominated by the .Premiers (each Premier nominating one person): Provided that paragraph (b) applies in the event of a provincial commission having been established or recognised under section 11 in respect of any province, and the Premier of such a province may not nominate a person; · · · 5 10 (ii) not more than three shall be persons nominated by sectors or subsectors who own property, undertake or finance land development in urban and rural areas; (iii) not more than three shall be persons nominated by organisations and community-based groups in civil society who represent the interests of 15 communities intended to benefit from land development in urban and rural areas; and (iv) not more than nine shall be persons who have expertise and experience relevant to the functions of the Commission; (b) because of his or her office, the chairperson of each provincial commission or, 20 during his or her absence, the deputy chairperson. (2) Prior to the appointment of a person to the Commission, the Minister shall- ( a) make known hls or her intention so to appoint such person by notice in the (b) Gazette; and take into account any comment or objection in respect of such appointment, 25 which might be received by him or her from any person or body. . · · • (3) (a) The Minister shall designate one of the members of the Commission as the chairperson and another member as the deputy chairperson, who shall act as chairperson of the Commission whenever the chairperson is for any reason unable to act as such. (b) The chairperson shall hold office for the period specified by the Minister upon his 30 or her appointment, but not exceeding three years. ( 4) Whenever both the chairperson and the deputy chairperson of the Commission are absent or unable to fulfill any of the functions of the chairperson, the members of the Commission shall designate any other member of the Commission to act as chairperson of the Commission during such absence or incapacity. · 35 (5) (a) The Minister may at the request of a member of the Commission other than the · chairperson, the deputy chairperson or a member who serves on the Commission because of his or her office, appoint an alternate member for that member. (b) An alternate of a member may in the event of the absence of that member from a meeting of the Commission, attend the meeting and when so attending shall be deemed 40 to be a member of the Commission. (6} The Director General of the Department of Land Affairs shall cause notice of the appointment of a member or alternate member of the Commission, and the date of the appointment, to be published in the Gazette. Period of office of members or alternate members of Commission 45 8. ( 1) A member or alternate member of the Commission holds office for the period specified by the Minister upon hls or her appointment, but not exceeding three years, or, if no such period is specified, for a period of three years from the date of his or her appointment and may be reappointed on the termination of such period. (2) A member or alternate member of the Commission vacates his or her office if- 50 (a) he or she resigns; ' (b) his or her estate is sequestrated or he or she applies for the assistance referred to in section 10(1)(c) of the Agricultural Credit Act, 1966 (Act No. 28 of 1966); (c) he or she is incapacitated by physical or mental illness; 55 20 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION Acr, 1995 (d) he or she is convicted of an offence involving dishonesty or corruption or sentenced to imprisonment without the option of a fine; or (e) he or she is nominated as a candidate for election as a member of Parliament. a provincial legislature or the council or other governing body of a local government body. · 5 (3) The Minister may at any time terminate the period of office of a member or alternate member of the Commission if there are sufficient reasons therefor. Meetings of Commission 9. ( 1) The first meeting of the Commission is held at the time and place determined by the Minister, and thereafter meetings are held at the times and places determined by the 10 chairperson of the Commission. . . (2) The chairj>erson or, in his or her absence, the deputy chairperson, may at any time in his or her discretion convene a special meeting of the Commission, and shall convene such meeting within founeen days of receipt of a request signed by not fewer than eight members of the Commission to convene such a meeting. · 15 (3) A quorum for a meeting of !he Commission is two thirdS of its members. ( 4) The procedure at meetings of the Commission, including the procedure for taking decisions, shall be determined by the Commission subject to the ·directions of the Minister, if any. . . · · · . · ' (5) A member or alternate member of the Commission shall not take pan iri the 20 discussion of or the making of decisions about any matter before the Commission and in which he or she or his or her spouse, immediate family, partner or employer, other than the State, or the partner or employer of his or her spouse, has, directly or indirectly, any pecuniary interest. Conditions of service of members or alternate members of Commission 25 10. (I) A member or alternate member of the Commission, other than a person who is in the full-time employment of the State, is appointed on the conditions of service, including conditions relating to the payment of remuneration and allowances, which the Minister determines with the concurrence of the Minister of Finance. {2) Conditions of service detennined under subsection (1) may differ according to 30 whether the person concerned is a member or alternate member or serves on the Commission because of his or her office or on a full-time or pan-time basis or in a professional capacity. Establishment or recognition of provincial commissions 11. (I) A Premier may by notice in the Provincial Gazette- 35 (a) ·establish a provincial development and planning commission in respect of a · province; or (b) recognise any body of persons, board or commission established by or under any law as a provincial development and planning commission in respect of a province. 40 (2) A provincial commis.sion shall, in relation to any matter pertaining to land development and falling within a functional area specified in Schedule 6 to the Constitution, perfonn such functions of the Commission in relation to a province as the Premier or MEC may determine. · ·' : · (3) In the case of- -: 45 (a) a provinCial commission established under subsection. (l)(a);' sections 1(1)(a) (ii), (iii) and (iv), (2), (3), (4), (5) and (6), 8, 9 arid 10 shall mutatis mutandis apply in respect of such a provincial commission and 'in such application a reference in the said sections to the Minister and ' the Director-General of the Department of Land Affairs shall be construed as a 50 reference to the Premier and the Director-General of a provincial administra tion, respectively; and . (b) a provincial commission recognised under subsection (l)(b), the composition and meetings of such a commission shall be regulated by the law under which it was established. 55 22 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACUJTATION ACT, 1995 Administrative and research functions of Commission and provincial commissions 12. (1) The administrative, secretarial and research functions of the Commission shall be performed by- ( a) officers and employees in the public service designated for such purpose by the Directors-General of the Departments of Land Affairs and of Housing and 5 of the Office of the President, acting in consultation with each other; and (b) consultants appointed in the employ ofthose Departments on such conditions of service as the Minister, the Minister of Housing and the Minister responsible for the implementation of the Reconstruction and Development Programme, with the concurrence of the Minister of Finance, determine. 10 (2) The administrative, secretarial and research functions of a provincial commission shall be performed- ( a) by officers and employees in a provincial administration designated for such purpose by the Premier; and (b) by consultants appointed in the employ of a provincial administration on the 15 conditions of service determined by the Premier with the concurrence of the MEC responsible for the treasury function. Expenditure of Commission and provincial commission

13. The expenditure in connection with the exercise of its powers and the performance of its functions in the case of-. 20 (a) the Commission, shall be paid out of money appropriated by Parliament for such purpose; (b) a provincial commission established under section ll(I)(a), shall be paid out of money appropriated by a provincial legislature for such purpose; and (c) a provincial commission recognised under section ll(l)(b), shall be paid in 25 accordance with the law under which it was established. Terms of reference of Commission

14. The Commission shall advise the Minister or, subject to section 6(a)(ii), any Premier or MEC, on the following matters: (a) Policy and laws relating to the following aspects of planning development 30 generally, including land development: (i) The appropriate scope of planning, including the relationship between (ii) (iii) (iv) spatial and non-spatial planning; the appropriate levels of government at which planning should be carried out, the kind of planning to be done at each level and the co-ordination 35 between different departments, levels of government and other bodies responsible for plarining; the appropriate documentation or instruments to be used for planning at each level of government; the appropriate emphasis that should be placed upon development, 40 including land development, for the benefit of low income and historically disadvantaged communities; (v) the appropriate methods of monitoring compliance with the general . principles set out in Chapter l and the setting and achievement of objectives for land development by national, provincial and local 45 government; (vi) · the appropriate levels and methods of public participation in planning at (vii) different levels of government; and the integration of environmental conservation with planning at different levels of government. · 50 (b) Policy and laws relating to measures to identify, assemble and release land for land development, particularly for the benefit of low-income and historically disadvantaged communities, including- (i) measures to provide incentives to the owners of land to release land for · land development; 55 . (ii) measures to discourage the withholding ofland which is suitable for land development; and 24 No. 16730 Act No. 67,1995 GOVERNMENf GAZEITE, 4 OCrDBER 1995 DEVELOPMENf FACIUTATION ACT, 1995 (iii} the setting of objectives for land development by national, provincial and local government. (c) Policy and laws relating to land development, land development procedures, environmental sustainability, heritage conservation and the establishment and administration of appropriate land-use control systems for l<ind development in both urban· and rural areas. 5 (d) Nationally uniform policy and laws relating to the cadastre, tenure types, land registration procedures and matters relating to security of tenure, including- the reform of land survey systems and procedures and the procedures and (i) institutional arrangements relating to the registration of rights in land 10 which the Commission considers appropriate and expedient; (ii) subject to any general land reform programme, alternative forms ofland tenure, including communal tenure, landholding by community-based institutions and tribal or customary systems of landholding; and . · (iii) measures to facilitate and speed up the disbursement of end-user finance, 15 in the form of subsidies, loans ·or other forms of financing, for the purpose of land development. (e) Policy and laws relating to engineering infrastructure and services and related services to be provided by public authoritiesr including- (i} the appropriate levels and standards of such services; (ii) the appropriate tariff structures for such services; (iii) (iv) the financing of such services, in particular the financing of bulk infrastructure; and institutional arrangements for the management and provision of such services, in particular the responsibilities of the · government · and 25 non-government sectors in relation to the provision of bulk and internal services. 20 (f) Financial and fiscal policy and Jaws related to land development which might . have an effect on the relationship between different tiers of government or different government bodies. 30 (g) Any other matter specified by the Minister by notice in the Gazette. CHAPTER III Development tribunals Establishment and compc:-sition of tribunals 15. (1) A tribunal is hereby established for each province in each case to be known as 35 the development tribunal of the province concerned. (2) A tribunal consists of a chairperson, a deputy chairperson and the other member or members appointed from time to time by the Premier with the approval of the provincial legislature. (3} The chairperson, deputy chairperson and the other member or members of a 40 tribunal shalt be appointed by reason of their qualifications in and knowledge or experience of land development or the law and shall be persons who are in the Premier's opinion competent to perform the functions assigned to them in terms of this Chapter. (4) (a) As far as may be practicable in the circumstances, one half of the members of a tribunal shall be appointed from appropriate officers in the service of a provincial 45 administration and officers in the service of local government bodies in a province, and the other half from persons outside such service; . (b) Prior to the appointment of a person as a member of a tribunal, the Premier shall (i) make known his or her intention so to appoint such person by notice in the Provincial Gazette; 50 (ii) · take into account any comment or objection, in respect of such appointment, which might be received by him or her from any person or body; and (iii) submit his or her proposals together with any such comment or objection to the provincial legislature for its approval of the appointment of such person as a tribunal member: Provided that if the provincial legislature is not in session 55 26 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 at the time when the Premier wishes to make an appointment, and if in the opinion of the Premier it is desirable to make an appointment subject to the subsequent approval thereof by the provincial legislature, the Premier may make such an appointment. If during its ensuing next session the provincial legislature disapproves or fails to approve such appointment, it shall lapse. 5 Pending such approval or disapproval, the provisions of subsections (5) to (12) shall mutatis mutandis apply to a person appointed as member of the tribunal in terms of this proviso as if he or she had been appointed with the approval of the provincial legislature. (5) The chairperson, deputy chairperson and the other member or members of a .. 10 tribunal hold office for the period specified by the Premier upon their appointment and are appointed on the conditions, including conditions relating to the payment of remuneration and allowances, determined by him or her with the concurrence of the MEC responsible for the treasury function. (6) (a) The tribunal registrar shall cause notice of the appointment of a member of a 15 tribunal and the date of the appointment to be published in the Provincial Gazette. (b) A member of a tribunal vacates his or her office if- (i) he or she resigns; (ii) his or her estate is sequestrated or he or she applies for the assistance referred to in section 10(1 )(c) of the Agricultural Credit Act, 1966; 20 (iii) he or she is incapacitated by physical or mental illness; (iv) he or she is convicted of an offence involving dishonesty or corruption or sentenced to imprisonment without the option of a fine; or (v) he or she is nominated as a candidate for election as a member of Parliament, a provincial legislature, or the council or other governing body of a local 25 government body. (c) The Premier may, and if so directed by the provincial legislature, shall, at any time terminate the period of office of a member of a tribunal if there are sufficient reasons therefor. (7) The deputy chairperson of a tribunal shall act as chairperson of the tribunal 30 whenever the chairperson is for any reason unable to act as such. (8) Whenever both the chairperson and the deputy chairperson of a tribunal are for any reason unable to act as chairperson of a tribunal, the Premier shall designate any other member of the tribunal, if any, to act as chairperson and if there is no other member of a tribunal, the Premier shall appoint a person who complies with the requirements 35 prescribed in subsection (3), to act as chairperson of the tribunal during the inability of the chairperson and the deputy chairperson. (9) The administrative functions of a tribunal shall be performed by an officer in the service of a provincial administration, to be known as the tribunal registrar, and one or more deputies to such tribunal registrar, designated by the MEC responsible for urban 40 and rural development functions, by reason of his, her or their knowledge of land development, the law or administration. (1 0) (a) A tribunal has its seat at the place or places determined from time to time by the Premier by notice iii the Provincial Gazette. · · · · (b) A tribunal has jurisdiction in the province for which it has been established. (c) The functions of a tribunal inay be performed at a seat referred to in paragraph (a) 45 or at any other place in the province concerned. (d) The chairperson of a tribunal may from time to time direct a particular member or members performing functions of the tribunal in terms of section 17(1), to perform such functions in relation to only a particular area in a province, including one or more local 50 government areas or parts thereof. (II) If any vacancy occurs on a tribunal, the vacancy.may be filled by the. appointment of any person in accordance with subsections (3), (4), (5) and (6) and any person so appointed shall hold office for the unexpired portion of the period of office of the . member in whose place he or she is appointed. 55 (12) A member of a tribunal shall not take part in the discussion of or the making of decisions about any matter before the tribunal in which he or she or his or her spouse, immediate family, partner or employer, including the State cir a local government body (but only where the State or such local gove~ment body is a land development applicant 28 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE. 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 or objector in such matter) or the partner or employer of his or her spouse has, directly or indirectly, any pecuniary interest. Functions of tribunal .'-

16. A tribunal- ( a) shall deal with any matter brought before it in terms of section 30(1 ), 33, 34, 5 (b) 40, 42, 51, 48{1), 57 or 61 or any matter arising therefrom; in dealing with any matter referred to in paragraph (a), (c) or (d) may- (i) grant urgent interim relief pending the malcing of a final order by the tribunal; (ii) give final decisions or grant or decline final orders; (iii) refer any matter to mediation as contemplated in section 22; (iv) · conduct any necessary investigation; (v) give directions relevant to its functions to any person in the service of a · ' 10 provincial administration or a local government body; (vi) grant or decline approval, or impose conditions to its approval, of any 15 application made to it in terms of this Act; (vii) determine any time period within which any act in relation to land development is to be performed by a person; (viii) decide any question concerning its own jurisdiction; . (c) shall deal with any other matter with which it is required to deal in terms of 20 this Act;· · (d) may generally deal with all matters necessary or incidental to the performance of its functions in terms of or under this Act. Decisions of tribunal 17. (1) A tribunal may decide that any of its functions or any investigation which it 25 deems necessary in connection with a matter which is being considered by the tribunal, shall be peiformed or carried out on its behalf by any member or members thereof designated by the chairperson: Provided that where any matter referred to in section l6(a) or (b)(ii) or (iv) serves before a tribunal, the functions of the tribunal shall be performed by at least four members, two of whom shall be in the service of a provincial 30 administration or a local government body and at least two shall be members appointed from outside such service. · (2) Whenever the chairperson has designated more than one member of a tribunal to perform any function of the tribunal as contemplated in subsection (1), he or she shall designate one of them to act as presiding officer. 35 (3) The decision of the majority of the members of a tribunal shall for the purposes of this Act be deemed to be a decision of the tribunal: Provided that- · (a) where a function of a tribunal is, subject to subsection (1), performed by a single member, the decision of that member shall be the decision of the tribunal; and the chairperson or the member designated by him or her in terms of subsection (2) shall, in the event of an equality of votes, have a casting vote in addition to his or her deliberative vote. (b) · 40 (4) A decision, award, order or determination of a tribunal may be executed, mu.tatis mutandis; as if it were a decision, award, order or a determination made by a 45 Magistrate's Court in terms of the Magistrate's Court Act, 1944 (Act No. 32 of 1944). (5) A tribunal shall, subject to the rules prescribed under section 26, within a reasonable time after it has made a decision, provide reasons for its decision in writing to any interested person or body requesting such reasons and, if such reasons were so requested, also to the provincial government. 50 · 30 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 Acquisition of information 18. (I) A tribunal may in writing, under the hand of the chairperson or of an officer in the service of a provincial administration or local government body authorised thereto by the chairperson, require any person who in its opinion may be able to give any material information needed for the purposes of or in connection with any matter which 5 is to be dealt with in terms of this Act, and which the said person could have been compelled to give if he or she had appeared before the tribunal on a subpoena issued under subsection (2)( a), to furnish it with such information within such period and in such form as it may specify. (2) A tribunal (or any member or members thereof) conducting an investigation 10 may- ( a) subpoena any person who in its opinion may be able to give material information concerning the subject of the enquiry, or. who it· suspects or believes has in his or her possession or custody or under his or her control any book, document or thing which has a bearing upon the subject of the enquiry, 15 to appear before it at a time and place specified in the subpoena, to be questioned or to produce that book, document or thing; and (b) retain for examination any book, document or thing so produced. (3) A tribunal may call and administer an oath to or accept an affirmation from any person present at an enquiry who was or might have been subpoenaed in terms of 20 subsection (2)( a) and may interrogate him or her and require him or her to produce any book, document or thing in his or her possession or custody or under his or her control. ( 4) Any person subpoenaed to appear before a tribunal may, if the tribunal registrar is satisfied that he or she has by reason of his or her appearance in obedience to the subpoena suffered any pecuniary loss or been put to any personal expense, be paid from 25 moneys appropriated by the legislature of the province such allowances as the Premier may with the concurrence of the MEC responsible for the treasury function in the province from time to time detennine, or the amount of any such loss or expense, whichever is the lesser: Provided that if the person subpoenaed is in the full-time employment of the State or a local government body, the allowances or amount payable 30 to him or her shall be determined in accordance with the laws governing his or her employment. . (5) The. law relating to privilege as applicable to a witness subpoenaed to give evidence or to produce any book, document or thing before a court of law, shall apply mutatis mutandis to the interrogation of any ·person or the submission of any book, 35 documen.t or thing in terms of this section. Minutes

19. A tribunal shall be a tribunal of record. Costs

20. A tribunal inay in respect of the perfo~ance of any of its functions in terms of 40 section 16, make an order as to costs according to the requirements of the law or fairness and any such order may also be made against any organisation, professional or other person acting on behalf of or in any manner assisting a person if that organisation, professional or other person acted un~easonably. · Offences 45 21; Any person who--:- · (a) fails to comply with any' requirement in terms of section 18(1) or wilfully . . . furnishes a tribunal with false information; · · · (b) has been subpoenaed under section 18(2)(aJ and who fails without sufficient cause to attend at the time and place specified in the subpoena; . 50 (c) has been subpoenaed under section 18(2)(aJ or has been called under section 18(3) and who refuses to be ·sworn or to make an affirmation as a witness or fails to answer fuliy and satisfactorily to the best of his or her knowledge and 32 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCI'OBER 1995 DEVELOPMENT FACILITATION ACf, 1995 belief all questions lawfuiJy put to him or her, or to produce any book, document or thing in his or her possession or custody or under his or her control when lawfully required to do so, or who fails to remain in attendance until excused from further attendance by the tribunal; . (d) during the proceedings of a tribunal insults, disparages or belittles any 5 member of a tribunal in that capacity, or prejudices the proceedings or findings of a tribunal in any manner whatsoever; (e) wilfully disrupts the proceedings of a tribunal or misconducts himself or herself in any manner during such proceedings; or (f) does anything in relation to a tribunal which if done in 'relation to a court of 10 law would constitute contempt of court, . . . shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or imprisonment for a period not exceeding six months. Mediation 22. (1) If any party to a dispute serving before a tribunal applies to the tribunal for the 15 appointment of a mediator, the tribunal may, or if the tribunal is, after an enquiry contemplated in section 4(2)(c), of the opinion that any dispute serving before it should, before any further inquiry by the tribunal is held, first be referred to mediation, the tribunal shall, after consultation with the parties to any dispute, appoint a person, acceptable to all parties to the dispute, as a mediator in such dispute: Provided that 20 should all the parties to the dispute not be able to reach agreement on the person to be so appointed, the tribunal may appoint any person from the panel of mediators referred to in subsection (2) to act as a mediator in that dispute. (2) The Premier shall appoint a panel of mediators by reason of their qualifications in and experience or knowledge of mediating land development or similar disputes, for the 25 purpose of being appointed as mediators in terms of subsection (I). (3) The panel of mediators referred to in subsection (2) shall be appointed by the Premier for the period specified by him or her upon their appointment and on the conditions, including conditions : relating to the payment of remuneration and allowances detennined by him or her with the concurrence of the MEC responsible for 30 the treasury function. . (4) A mediator appointed under subsection (1) shall confer with the parties to a dispute, conduct such enquiries and investigations as he or she may deem necessary, endeavour to bring about a settlement in the dispute and make a report to the tribunal as to the results of his or her mediation and for these purposes shall have all the powers 35 conferred on a tribunal by section 18(2) and (3). · (5) All discussions taking. place and all disclosures and submissions made during mediation shall be privileged, unless the parties agree to the contrary. Appeals against tribunal decisions 23. ( 1) Any decision or detennination by a tribunal is final: Provided that any party to 40 a dispute relating to a matter referred to in section I6(a) or (b)(ii) may within the period and in the manner prescribed by the rules made under section 26, appeal against the decision of a tribunal in regard to that dispute or any related order as to costs, to the development appeal tribunal for a province established or recognised under section 24. (2) Pending an appeal in terms of subsection (1); a tribunal may on application make 45 such interim order as it deems reasonable. (3) The development appeal tribunal may confirm, vary or set aside the order or decision appealed against or make any other order or decision, including an order as to costs, according to the requirements of the law or fairness. Establishment of development appeal tribunal 50 24. (I) A Premier shall, by notice in the Provincial Gazette- ( a) establish a development appeal tribunal for a province; or 34 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETfE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION Acr, 1995 (b) recognise any body of persons, board or commission established by or under any law as a development appeal tribunal for a province. (2) (a) A development appeal tribunal established under subsection ( 1)( a) consists of five members appointed by the Premier mutatis mutandis in accordance with section 15(3), (4), (5) and (6): Provided that at least one member shall have knowledge of the law. . 5 (b) Despite anything .to the contniry contained in any law referred to in subsection (1)(b), at least the majority of the members of a development appeal tribunal recognised under that subsection shall be appointed by the Premier mutatis mutandis in accordance with section 15(3),' (4), (5) and (6): Provided that at least one member shall have 10 · . . . knowledge of the law. . (c) Despite anything to the contrary contained in any Jaw referred to in subsection (l)(b), an appeal shall be heard by not Jess than three members of a development appeal tribunal.· . · · · . · . (3) A development appeal tribunal may decide any appeal made to it in terms of 15 section 23. (4) A development appeal tribunal is a tribunal of record. (5) A development appeal tribunal shall, subject to the rules made under section 26, within a reasonable time after it has made a decision, provide reasons for its decision in wnting to any interested person or body requesting such reasons and, if such reasons 20 were so requested, also to the provincial government. ··· ·· · · (6) A member of a development appeal tribunal shall not take part in the discussion of or the making of decisions about any matter before the development appeal tribunal in which he or she or his or her spouse, immediate family, partner or employer, including the State or a local government body (but only where the State or such local government 25 body is a hind development applicant or objector in such matter) or the partner or employer of his ·or her spouse has, directly or indirectly, any pec,uniary interest. Review by Supreme Court 25.· (1) Without derogating from the constitutional right of any person to gain access to a court of law, the proceedings of a tribunal or of a development appeal tribunal may 30 be brought under review before any division of the Supreme Court having jurisdiction under the Supreme Court Act, 1959 (Act No. 59 of 1959). (2) To the extent that a review relates to an interested person's rights which have been affected as a result of a mistake of law as to the suspension under section 34 of a servitude or restrictive condition of title or as to the suspension under section 33(2)UJ or 35 51 (2)( d) of the operation of a law, the review court may nevertheless review the matter if, in the absence of such mistake, the decision of the tribunal or development appeal tribunal ·could· not reasonably be justified on the facts found by the tribunal or development appeal tribunal. (3) A review court may regard review proceedings referred to in subsections (I) and 40 (2) as sufficiently urgent to justify non-compliance with the ordinary rules of such court,: if delays in the land development concerned will probably adversely affect the ability of intended beneficiaries to afford sites or housing units, or will probably adversely affect a substantial number of persons or persons with particularly pressing needs. · Rules of procedure 26. (1) The Minister may in respect of a tribunal and a development appeal tribunal established or recognised under section 24 make, amend or repeal rules regulating ( a) the form of process and the procedure at or in connection with the proceedings of a tribunal or development appeal tribunal; (b) the procedure at or in connection with mediation; (c) · the representation of any party in mediation proceedings; before a tribunal or development appeal tribunal, and the basis upon which such party who requires representation by any other person, but who is unable to afford such representation, may qualify for financial or'Other assistance from the State; 45 50 36 No. 16730 Act No. 67, 1995 · GOVERNMENT GAZETI'E, 4 OCTOBER l99S DEVELOPMENT FACIUTATION ACT; 1995 (d) with the concurrence of the Minister of Finance, the fees and costs payable in respect of the service or execution of any process of a tribunal or development appeal tribunal and the tariff of costs and expenses payable in respect of such service or execution; the powers, functions and duties of the tribunal registrar and the hours during which his or her office shall be open for the transaction of business; (e) , 5 (f) : the period within which an appeal under section 23 shall be noted; . , .= (g) the order of preference to be given to matters serving before a tribunal or development appeal tribunal, in order to ensure that priority is given to matters where delays are likely to adversely affect the ability of intended beneficiaries I 0 to afford sites or housing units, or are likely to affect a substantial number of persons or persons with particularly pressing needs; . . . . (h) generally all matters necessary for or incidental to the exercise of the powers and the performance of the functions of a tribunal or development appeal tribunal. · (2) A Premier may, with the concurrence of the Minister, repeal or amend any rule · · · 15 made under subsection (1) in respect of a province. · · (3) The provisions of section 46 (3) shall, mutatis mutandis, apply to rules made, amended or repealed under subsection (1). · . (4) (a) The Premier shaU, before he or she repeals or amends any rule under 20 subsection (2), cause a draft of such repeal or amendment to be published in the Provincial Gazette and shall consider any comment on such draft repeal or amendment received from any person during the period 30 days after such publication; . . · · (b) A list of repeals or amendments made under subsection (2) shall be submitted to the provincial legislature, and if such provincial legislature by resolution disapproves of 25 any such repeal or amendment or any provision thereof, such repeal or amendment, or such provision, shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such repeal, amendment or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such repeal, amendment or such provision before it so ceased to be of force and effect. 30 CHAPTER IV umd development objectives Body responsible for setting land development objectives 27. (l) The land development obje~tives referred to in section 28 shall, subject to subsections (2), (3), and (4), be ·set- · · · 35 (a) in respect of any particular local government area, by the local government body having jurisdiction, with the approval of the MEC, which approval shall not be refused unless- (i) the land development objectives in the opinion of the MEC fail to deal adequately with the subject matter to which land development objectives 40 in terms of section 28 shall relate; or · . · · · ' (ii) the land development objectives are, in the opinion of the MEC, inconsistent or cannot be reconciled with other objectives set or planning done in terms of any other law in the province; or the procedures and other requirements prescribed under subsection (3) 45 · have,'in the opinion of the MEC, not been complied with, · -' , (iii) and the MEC has, on requesttherefor, provided the local government body concerned with his or her written reasons for having an opinion referred to in subparagraph (i), (ii) or (iii), as the case may be; and · (b) outside such local government area, by the MEC. 50 (2) If a local government body fails to set land development objectives, either generally or in respect of any particular case, within a period of time prescribed by the · MEC in the Provincial Gazette, the MEC may set. land development objectives in 38 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 respect of that local government area, and objectives so set shall prevail over objectives subsequently set by the local government body. (3) Land development objectives shall be set in the manner, within the time limits and after following the procedures prescribed by the MEC in the Provincial Gazette. (b) (a) (4) The procedures referred to in subsection (3) shall include procedures relating to- the manner in which members of the public and interested bodies shall be consulted in the setting of land development objectives; and the manner in which the setting of land development objectives shall be co-ordinated with the functions of any department of State or other authority responsible for the administration or fonnulation of any plan dealing with 10 subject matter which is the same as or similar to the subject matter set out in section 28. , 5 (5) The Minister may, at the request of the MEC, perfonn the functions assigned to and exercise the powers conferred on the MEC by this Chapter. Subject matter of land development objectives 15 28. (l) Land development objectives shall relate t~ (a) (b) the objectives of the relevant authority in relation to access to and the standard of services for land development, including public transport and water, health and education facilities; the objectives (with reference to local circumstances, inCluding demographic 20 circumstances and prevailing spatial patterns) relating to urban and rural growth and fonn in the relevant area, including objectives in relation to--- (i) the integration of areas settled by low-income communities into the relevant area as a whole; . (ii) the sustained utilisation of the environment; (iii) (iv) (v) the planning of transportation; the provision of bulk infrastructure for the purpose of land development; the overall density of settlements, with due regard to the interests of beneficial occupiers; the co-ordination of land development in consultation with other 30 ·authorities; land-use control; the optimum utilisation of natural resources; and 25 · . . . . (vi) (vii) (viii) (ix) such other matters as the MEC may determine by notice in the Provincial Gazette; 35 (c) the development strategies of the relevant authority in relation to--- (i) facilitation of the optimal involvement of sectors of the economy or of subsectors thereof involved in land development; (ii) access to finance for land development; (iii) available· administrative or" proposed new administrative structures to 40 deal with land development in the relevant area; (iv) such other matters as the MEC may determine by notice in the Provincial (d) ,Gazette; . . . the quantum of land development objectives in the sense of___:. (i) the number of housing units, sites or other facilities planned for; (ii) whether such units, sites or other facilities will be delivered by means of upgrading land or built environments, undertaking new land develop- ments or the letting of land or buildings; · 45 (iii) the rate at which the production or delivery of such units, sites or facilities will increase during a period in future, which period may be 50 detennined by the MEC in the Provincial Gazette; and (iv) the other. matters detennined by the MEC by notice in the Provincial Gazette. · (2) A local government body or the MEC may require the persons or bodies detennined by him or her to carry out environmental evaluations in order to assess the 55 likely impact of any land development objective upon the environment. 40 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 · Effect of land development objectives and other plans 29. (1) A tribunal or any other competent authority shall not approve a land development application in terms of this Act or any other law dealing with the establishment of land development areas, if such application is inconsistent with any land development objective contemplated in this Chapter: Provided that no provision in 5 this Chapter shall be so construed that it entails the delay of any land development application where no land development objectives have been set. (2) If a land development objective set in terms of this Chapter is expressly inconsistent or incompatible with any plan as defined in section I of the Physical Planning Act, 1991 (Act No. 125 of 1991), the land development objective shall prevail 10 over the plan and the plan shall for the purposes of that Act be deemed to have been amended accordingly . . (3) Despite anything to the contrary contained in the Physical Planning Act, 1991, the MEC may, subject to the procedures deemed fit by him or her or that he or she may prescribe by notice in the Provincial Gazette, amend or withdraw, whether in whole or 15 in part, a guide plan referred to in section 37(1) of that Act, which is deemed to be a regional structure plan or an urban structure plan by virtue of a declaration contemplated in section 37(2)( a)(ii) of that Act. CHAPTERV. lAnd development procedures excluding procedures relating to the development of 20 small-scale farming Exemption from provisions of this Chapter 30. (1) A tribunal may, on the terms and conditions and in accordance with the procedures determined in the regulations or, if there are no regulations, determined by the tribunal, grant exemption from any or all of the provisions of this Chapter to any 25 local government body or any other interested person or body, including a group of persons referred to in section 42(1). in respect of an area or proposed land development area- ( a) which is already settled by persons and which is intended to be upgraded into a fully established land development area over a period of time; or · (b) which is intended to be settled by persons on an urgent basis prior to completing the establishment of a land development area in that area. with the intention that such area shall be upgraded over a period of time into a fully established land development area. 30 (2) For the purposes of applying any provision of this Act from which an exemption 35 has not been granted under subsection (1), to land development contemplated in that subsection, the local government body or other interested person or body, including a group of persons referred to in section 42(1), or if so directed by a tribunal, any other body, person or group of persons shall be regarded as a land development applicant for all purposes of this Chapter. 40 ' . ::. Land development application 31. (l) The following land development applicants may apply for establishment of a land development area in terms of this Chapter: (a) An owner of land, including the State or a local government body, in respect of land owned by it; (b) an agent or independent contractor acting on behalf of the owner of land; (c) a person acting with the consent of the owner of land; (d) a person to whom land has been made available by the State or a local government body in tenns of a land availability agreement; or (e) a person acting on behalf of the owner of land in any other capacity. (2) A land development applicant shall· lodge a land development application, accompanied by the prescribed documents and information, with a designated officer in the prescribed manner. · · 45 50 42 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 . DEVELOPMENT FACIUTATION ACf, 1995 (3) A land development applicant shall give notice of a land development application to the prescribed persons or bodies. (4) Any notice referred to in subsection (3) shall, in the prescribed form, call upon any person or body to whom or which the notice has been given- .. (a) to provide the designated officer with comments in writing on the land 5 development application within the period of time prescribed and specified in . the notice; or . · . (b) failing the delivery of comments within such period, or if comments were delivered but constitute an objection to any aspect of the land development application, to appear in person or through a representative. before a tribunal 10 on a date specified in the notice. · · · · (5) A notice referred to in subsection (3) shall have the same effect. mutatis mutandis, as if it were a subpoena issued by a tribunal under section 18(2). . . (6) The designated officer shall within the prescribed period provide the hind development applicant with any comments, objections or representations received in 15 terms of subsection (4)(a), to which the land development applicant may reply within the prescribed period. Submission of land deYelopment application to tribunal

32. The designated officer shall, prior to the consideration of the land development application by a tribunal on the date contemplated in section 31(4)(b), consider- 20 (a) the land development application; (b) any comments, objections or representations received within the period referred to in section 31(4)(a); · (c) any reply by the land development applicant to such comments, objections or representations, and shall within the prescribed period submit the land development application and such comments, objections, representations and reply, together with his or her report and recommendations on the land development application, to a tribunal for its consider- ~~ . Consideration of application by tribunal 33. ( 1) After receipt of the documents referred to in section 32 and on the date referred to in section 31(4)(b), a tribunal shall consider and may approve or refuse the land development application in whole or in part or postpone its decision thereon and may in approving the land development application· impose one or more of the conditions contemplated in s'ubsection (2).' · · ,. · · · · 25 30 35 (2) In approving a land development application a tribunal may, either of it its own accord or in respon~e to that application, impose any condition of ~stablishment relating to- .. . . (a) . the provision of engineering services'; (b) the provision ·or transfer of land to any competent authority for use as a public 40 . . . open space, or the payment of a sum of money in lieu thereof; . · the provision of streets, parks and other open spaces; . (c) (d) the suspension of restrictive conditions or servitudes ·affecting the land on . which a land development area is to be established; the registration of additional servitudes affecting the land on which a land 45 development area is to be established; the question whether any building standards laid down in regulations made under the National Building Regulations and Building Standards Act, 1977 . (Act No. 103 of 1977), or in any zoning scheme, regulation or bylaw of a local authority under any law, are to apply in respect of the erection of buildings or 50 any class of buildings on a land development area; (e) (jJ (g) the question whether it is nevertheless necessary for building plans to be submitted to and approved by the competent authority prior to the erection of . buildings in the case where a condition is imposed to the effect that the building standards contemplated in paragraph (jJ will not apply in respect of 55 a land development area; 44 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 (h) the question whether the use of land in a land development area is to be regulated by- (i) a zoning scheme or other measure under any law governing land . development or land-use planning in the area concerned; (ii) general provisions relating to land use which have been prescribed; or (iii) specific provisions relating to special or strategic projects which have 5 been prescribed; . ( i) ~ny amendment to a zoning scheme, other measure or provision referred to in paragraph (h), for the purpose of applying it to a land development area; the question whether the provisions of~ (i) sections 9A and 11 of the Advertising on Roads and Ribbon Develop- (j) , . . 10 ment Act, 1940 (Act No. 21 of 1940); (ii) any law on physical planning; (iii) section 12 of the National Roads Act, 1971 (Act No. 54 of197l); (iv) any law requiring the approval of an authority for the subdivision ofland; 15 (v) any law requiring the issuing of a receipt, certificate or ariy . other document by a local government body, public revenue officer or other competent authority, as a prerequisite to the transfer of land in a land development area; or (vi) any other law relating to land development, but not the Restitution of 20 Land Rights Act, 1994 (Act No. 22 of 1994), which in the opinion of the tribunal may have a dilatory effect on the development of a land development area or the settlement of persons therein; · shall apply in respect of a land development area in question: Provided that a decision to suspend the application of a law shall be taken after the tribunal 25 has afforded the authority, if any, which is responsible for the administration of the law, and any other interested person or body an opportunity to provide the tribunal with its views on the expedience of such a decision in the circumstances; the provision of educational and other community facilities; the question whether the land in the land development area is to be subdivided in terms of this Chapter and if not, whether any other provisions of this Chapter will apply; 30 (k) (I) (m) the ownership of the land forming the subject of a_land development application and the administration of the settlement of persons on such land by 35 any person, trust, body of persons or juristic person with due regard to the wishes of the community concerned and subject to the provisions of any law; (n) the environment or environmental evaluations; ( o) the manner in which members of any community residing in a settlement shall be· consulted during the process ·of. land development whenever land 40 development takes the form of the upgrading of an existing settlement; : . · the manner in which the interests of any beneficial occupier of the tand development area are to be accommodated whenever land development takes the form of the upgrading of an existing settlement; and · · (p) · (q) any other matter considered necessary by the tribunal. (3) A condition of establishment imposed under- 45 (a) subsection (2)(d), has the effect that the restrictive condition or servitude concerned is suspended, subject to section 34; (b) subsection (2)(/) or (g)- (i) has effect despite any provision to the contrary contained in the National 50 Building Regulations and Building Standards Act, 1977, or · any law authorising a local ·government body to make . building regulations or bylaws; (ii) does not prevent any owner or prospective owner of land in a land · _ . development area from subnlitting building ·plans to the competent 55 authority for its approval prior to the erection of the building concerned 46 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 or complying with any national building regulation, zoning scheme, regulation or bylaw contemplated in that subsection; (c) subsection (2)(h) or (i) has effect despite any provision to the contrary in any other law governing land development or land-use planning or zoning schemes; 5 (d) subsection 2(jJ relating to the suspension of the application of any law referred to in that subsection, has the effect of suspending the application of such a law. (4) A condition of establishment referred to in subsection (3) comes into operation upon notice of the condition being given by the designated officer in the Provincial Gazette, or if a later date is stated in the notice, from such later date. (5) A condition imposed under subsection (2) according to which a land development applicant shall perform any act, shall state by which stage in the course of the establishment of the land development area such act shall be performed. (6) The designated officer shall inform the registrar of the approval of a land development application. 10 15 Suspension and removal of servitudes and restrictive conditions 34. (I) A tribunal may, of its own accord or on application from a land development applicant and with the consent of the holder or beneficiary of a servitude or restrictive condition, impose a condition of establishment contemplated in section 33(2)(d), in respect of- 20 (a) any servitude registered against the title of land in a land development area; and (b) any other restrictive condition thus registered or otherwise operative in respect of such land, · if the tribunal is of the opinion that the servitude or condition is inconsistent with, or 25 undesirable in relation to, the use, occupation, development or subdivision of the land, and that the suspension of the servitude or condition in terms of any other procedure will unnecessarily delay the land development concerned. (2) A tribunal may- ( a) where the owner of the dominant tenement in relation to a servitude referred 30 to in subsection (l)(a) or any beneficiary of a condition referred to in subsection (I)( b) is not prepared to grant his or her consent to the suspension of the servitude or condition for a consideration or under conditions which the tribunal regards as a fair consideration or fair conditions; or (b) where it is not practicable to obtain such consent within a reasonable time on 35 account of the nature of the rights concerned, or the number of persons involved or because the whereabouts of a person contemplated in paragraph (a) or of every such person is not readily ascertainable, impose a condition contemplated in subsection (1) without the contemplated consent. (3) A servitude or restrictive condition suspended by a condition of establishment of 40 which notice has been given in terms of section 33(4), shall be removed when a subdivision register is opened in respect of the land in a land development area. (4) The registrar concerned shall as soon as possible after a removal contemplated in subsection (3) make the entries in and endorsements on any register and title deed in his or her office or submitted to him or her which he or she deems necessary to reflect such 45 removal: Provided that if such removal affects a diagram or general plan filed in the office of the Surveyor-General the registrar shall notify the Surveyor-General accordingly. · (5) A person who has suffered damage or whose land or real right in land has been adversely affected as a result of a removal in terms of subsection (3) or a suspension in 50 terms of section 33(2)( d) may, within a period of three years after the removal or suspension and to the extent . to which he or she has not already received other compensation, claim compensation from· the person who was, at the time of such removal or suspension, the owner of the land in respect of which the condition or servitude was removed or suspended. · 55 (6) The amount of compensation referred to in subsection (5) shall be an amount agree~ upon between the claimant and the owner referred to in that subsection or, failing 48 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 199S DEVELOPMENT FACll.ITATION ACT, 1995 such agreement within one month of a claim having been made under that subsection, shall be an amount determined- (b) ( a) in the event of such owner not being the State or a local government body, by arbitration in terms of the Arbitration Act. 1965 (Act No. 42 of 1965); or in the event of such owner being the State or a local government body, mutatis 5 mutandis in terms of sections 12, 14, and 15 of the Expropriation Act, 1975 (Act No. 63 of 1975), as if the servitude or condition were expropriated for public purposes as contemplated in that Act, and for that ·purpose any reference in that Act- (i) to "Minister", shall be construed as a reference to the Minister, Premier 10 (ii) (iii} or local government body, as the case may be; . to property, shall be construed as a reference to such servitude or . condition; to an expropriation in terms of that Act, shall be construed as a reference to a suspension in terms of section 33(2)(d) or to a removal in terms of 15 subsection (3), as the case may be. . . . . . (7) This section or section 33(2)( d) does not authorise the suspension or removal of any registered right to minerals, and nothing contained in this Act detracts from the remedies of the holder of rights to minemls under the common law. Amendment of land development application and . conditions of establishment, 20 division of land development area and · continuation of land development application by another land development applicant . 35. (I) Subject to the procedures and conditions prescribed ( a) a land development application may be amended; (b) any condition of establishment may be amended or deleted; (c) a land development area may be divided into two or more land development 25 areas; (d) another land development applicant may continue with the land development application in the place of the original or a subsequent land development applicant. 30 (2) The designated officer shall, subject to the procedures and conditions prescribed, inform the registrar and the Surveyor-General of any event contemplated in subsection (1). . Restriction on certain contracts . · 36. (1) After a land development applicant has taken · steps to establish a land 35 development area, including steps preceding a land development application, no person shall enter into any contract, including a contract subject to a suspensive or other condition- ( a) for the sale, exchange, alienation or disposal in any other manner of an erf in that land development area; · : · 40 (b) for the erection of a dwelling on such erf; (c) granting an option to purchase or sell such erf or granting a right of first refusal . . in respect of such erf; or (d) to otherwise acquire such erf, unless- (i) the land development application has been approved under section 33; 45 and (ii) the steps contemplated in section 38(1) have been completed or, to the extent that such steps have not yet been completed, the land development applicant has furnished the guarantees referred to in section 38(2)( d) in respect of the completion of such steps, which guarantees shall also be 50 furnished where the ownership (as opposed to the initial ownership) of such erf is involved; or · (iii) a tribunal has approved a registration arrangement contemplated · in section 61 and the conditions imposed in respect of such approval have been complied with. , 55 (2) Any contract entered into contrary to subsection (I) shall be invalid. (3) The provisions of this section shall not prohibit the entering into of- ( a) . a contract for the acquisition in any manner by any person of- · · · · · · (i) land on which he or she wishes to establish a land development area 50 No. 16730 Act No. 67, 1995 GOVERNMENT GAZEITE, 4 OCfOBER 1995 DEVELOPMENT FAClUTATION ACT, 1995 (ii) subject to the condition that one or more of the erven therein shall be transferred tothe seller; land in respect of which a land development application has been made, and such person notifies the designated officer in writing of his or her acquisition of the land, and that he or she wishes to continue with such application; (b) a contract between a land development applicant and a building contractor for the erection of a building on an erf prior to the disposal of the erf by the land development applicant; (c) any other contract prescribed. . (4) A registrar is not obliged to satisfy himself or herself as to whether any registrable transaction lodged in a deeds registry is based on or affected by a contract referred to in subsection (2). · 5 10 Lodging of documents with Surveyor-General and registrar

37. A land development applicant who has been notified that his or her land 15 development application has been approved shall, within the prescribed period, lodge- ( a) with the Surveyor-General the plans, diagrams, documents and other information which the Surveyor-General requires to approve or provisionally approve the general plan in accordance with the approved application; and (b) with the registrar the approved plans and diagrams, together with the title 20 deeds and other documents required by the registrar for the opening of a subdivision register: Provided that the registrar shall not be obliged to open a subdivision register if the land development area is situated within more than one province or within the area of jurisdiction of more than one deeds registry or deeds registry referred to in section 66. 25 Commencement of registration of ownership . . 38. (1) A registrar shall commence registration of ownership of land in a land development area, when- ( a) a general plan of the land development area has been approved or provisionally approved; (b) a subdivision register for the land development area has been opened;' ·(c)' the designated officer has informed the registrar that any conditions of establishment relating to the land development application and which have to be complied with prior to the commencement of such registration, have been complied with; and · (d) the designated officer has informed the registrar that the respective obligations of the land development applicant and the relevant local government body to provide the engineering services contemplated in section 40, have been fulfilled. 30 35 (2) Despite the provisions of subsection (1), a registrar shall commence transfer of 40 initial ownership of erven in a land development area when~ · (a) the designated officer has informed the registrar in terms of section 33(6) that (b) the land development application has been approved; in the event of the area shown on the layout plan not comprising the whole of the piece or pieces of land in respect of which land development is taking 45 place, a diagram corresponding to the outside perimeter of the layout plan and prepared by a professional land· surveyor, has been approved by the Surveyor-General; · (c) beacons in respect of individual, proposed erven have been placed by a surveyor in accordance with the layout plan; 50 (d/ the designated officer has informed the registrar that the land development applicant, or the relevant local government body, as the case may be, has delivered to the designated officer- (i) a guarantee in the prescribed form in favour of that surveyor, · conveyancer, professional engineer, local government body or other 55 person determined by the designated officer, and issued by a financial 52 No. 16730 Act No. 67, 1995 GOVERNMENT GAZEllE, 4 OCI'OBER 1995 DEVELOPMENT FACILITATION ACf, 1995 institution or other guarantor acceptable to the designated officer, in an amount sufficient to cover the costs of- (aa) opening a subdivision register if the land development applicant does not within the period referred to in section 31(b) lodge with the registrar the documents required by him or her for such opening; (bb) complying with conditions of establishment; and (cc) fulfilling the respective obligations of the land development applicant and the relevant local government body to provide the engineering services contemplated in section 40; and_ , 5 (ii) the powers of attorney and other documents prescribed or necessary to 10 enable the person in whose favour such guarantee is made to perform the _ acts contemplated in subparagraph (i); (e) a condition of establishment suspending servitudes or other restrictive (f) conditions, if any, has come into operation in terms of section 33(4); in the event that the area shown on the layout plan comprises more than one 15 piece of land, all such pieces of land are owned by the same person or body or all the owners, where there is more than one owner, have granted a power of attorney in favour of the same person or body, including one of such owners, authorising the person or body to transfer initial ownership on their behalf; (g) any mortgagee in respect ofland shown on the layout plan has consented to 20 the cancellation of the mortgage bond or the release from time to time of the sites shown on the layout plan from the operation of the bond; (h) an application contemplated in section 61 (1) has been granted and certificates issued under section 61(4), the layout plan and the application referred to in section 61(6) have been lodged with the registrar; and the registrar has completed the entries in his or her records in terms of section 61(7). (3) The provisions of- (i) ( a) subsections ( 1) and (2) shall not preclude the implementation of a transaction concluded in pursuance of a condition of establishment; and (h) subsection (2)(d) shall not apply where a general plan has been approved, the subdivision register has been opened, the conditions of establishment have been complied with and the land development applicant's service obligations have been fulfilled. 25 30 (4) A diagram referred to in subsection (2)(b) shall be approved by the Surveyor- 35 General, despite the fact that any other or component diagram showing a subdivision or consolidation of the piece or pieces of land referred to in that subsection, which would otherwise or customarily have been required to be approved as a prerequisite to the approval of the diagram referred to in that subsection, has not yet been approved: Provided that the other or component diagram shall subsequently be prepared and 40 submitted to the Surveyor-General in such form and manner so as not to necessitate any substantial amendment of the diagram referred to in subsection (2)(b). Erection of buildings

39. If in terms of a condition of establishment it is unnecessary for building plans to be lodged with any competent authority, there shall be no restriction at any stage on the 45 erection of buildings and the settlement of persons in the land development area, except by virtue of such· a condition of establishment or a zoning scheme, other measure or prescribed provision contemplated in section 33(2)(h). Engineering services 40. (1) Every land development area shall be provided with the engineering services 50 agreed upon between the land development applicant and the local government body in a services agreement complying with. the prescribed guidelines and approved by a tribunal. 54 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACT. 1995 (2) Subject to any exemption authorised by a tribunal. in relation to a particular services agreement- ( a) the land development applicant shall provide the engineering services (b) classified by regulation as internal services; and . the local government body concerned shall provide the services so classified 5 as external or trunk services. Vesting and reversion of ownership of public streets and places 41. (1) The ownership of all public streets and public places indicated as such on the general plan of a land development area shall without compensation vest in the local government body in whose local government area the land development area is situated 10 at the time when transfer of land in ownership become registrable as contemplated in section 38(1). · · (2) If the general plan of a land development area is- (a) cancelled in whole or in part the ownership of the public streets and public places in the land development area shown on the cancelled plan or part 15 thereof shall upon such cancellation revert to the person or body who or which was the owner of the land concerned at the time of the land development application in question; (b) amended in terms of any law which authorises the closing of such street or place or portion thereof, the ownership of such street, place or portion shall 20 revert to the person or body who or which was the owner of the land concerned at the time of the land development application. Investigation and authorisation of non-statutory land development processes 42. (1) Where any local government body or any other interested person or body, including a group of interested persons, has by reason of the actual or likely settlement 25 of persons on, the erection or occupation of any structure on or the layout of land, reasonable grounds for believing that- ( a) such activities are perfonned contrary to the procedures prescribed in this Act or in any other law; or · . , .. (b) it is in the public interest arid the interests of the persons residing or who are 30 going to reside on such land that an exemption under section 30(1) be granted, such body, person or group may refer the matter to. the · designated officer for investigation. (2) The designated officer shall investigate the matter and submit his or her report thereon to a tribunal. · 35 (3) As soon as is reasonably possible after receiving the report contemplated in subsection (2), a tribunal shall establish whether the settlement of persons, or the erection or occupation of buildings on the land or the layout of the land is in any manner inconsistent with any provision or object of this Act or any other law governing the establishment of land development areas unless an exemption under section 30(1) is 40 granted, and if the tribunal is satisfied that such inconsistency exists, it may grant or decline to grant an exemption contemplated in that section in respect of such area. (4) A tribunal may in considering a report referred to in subsection (2) conduct the enquiries, hear the evidence and take the steps considered necessary by it in the circumstances and shall in considering the matter take into account----, . 45 (a) (b) (c) (d) (e) (f) the health or safety of the public generally, or of any class of persons, including persons residing in the area concerned; the feasibility of providing rudimentary services in the area concerned and of the upgrading of such services over a period of time; the feasibility of housing persons in temporary buildings erected by 50 themselves in the area; the feasibility of the development of appropriate community facilities and services in the area; the suitability of the area for residential settlement, taking into account its location in relation to employment and transport facilities; the feasibility of providing occupants of the area with appropriate security of land tenure; 55 56 No. 16730 Act No. 67,1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 (g) (h) (i) (j) the feasibility of erecting permanent dwellings over a period of time;· the feasibility of establishing an appropriate local government body or including the area within the local government area of such a body and of providing municipal services to the area; the possibility of persons settling in the area being able to acquire sites which · 5 are affordable to them, taking into account their likely income and other means of finance, including finance provided by the State; the feasibility of the area being fully established as a land development area over a period of time; · · (k) · the rights of any person in or in respect of the area and, if necessary. the 10 feasibility of such area or rights being expropriated or otherwise acquired for the purpose of establishing a land development area; the environmental sustainability of developing the area; ·' .. . (I) . (m) ·any similar matter prescribed; (n) any other similar matter which the tribunal may deem necessary. . . 15 . . (5) The provisions of any law on the establishment of a land development area or land-use planning shall not apply in relation to land which is the subject of an exemption referred to in subsection (3) or of proceedings contemplated in that subsection which are pending. · · Proof of certain facts in connection with applications to establish land development 20 areas 43. (1) A surveyor, town and regional planner, professionai engineer, environmental consultant. attorney, notary, conveyancer or engineenng geologist who prepares a document required for a land development application in terms of this. Chapter and who signs the prescribed certificate on such document, thereby accepts responsibility and any 25 liability for the accuracy of the prescribed facts mentioned in such document. . · (2) The designated officer and a tribunal shall, for the purposes of considering a land development application, accept that the· facts referred to in· subsection (1) have been . conclusively proved. · · · · · · • • I • ~ Land development on behalf of State or local government body . 30 . 44. ( 1) The State or a local government body may, in the prescribed manner and subject to the prescribed guidelines, appoint, in terms of a land availabilitY agreement submitted to and approved by a tribunal, any person to carry on land development in terms of this Chapter on land owned by the State or such local government body. (2) Any land which has been made available in terms of subsection (1 ) - 35 (a) shall remain subject to the control of the Minister, MEC or local government body, as the case may be, who or which may, in the event of a breach of the conditions on which the land was so made available by the person to whom the land was made available, withdraw the land thus made available. and thereafter deal with such land as the Minister, MEC or local government body, 40 as the case may be, deems fit; (b) shall not in any way be alienated or further encumbered by the State or local government body while the land remains available to the person concerned; and · ·. . . (c) may be alienated by the person to whom the land has been made ·available, 45 only in his or her capacity as the duly authorised agent of the State or local government body and on the conditions on which the land has been made available to such person. · · · · Delegation 45. ( l) The Minister may delegate or assign any power or duty conferred or imposed 50 upon him or her by or under this Chapter, except the power conferred upon him or her 58 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACll..ITATION ACT, 1995 under section 46, to a Premier or to any officer in the Department of Land Affairs or Housing. (2) A Premier may delegate or assign any power or duty conferred or imposed upon him or her by or under this Chapter, including any power or duty delegated or assigned to him or her under subsection (1), to any officer in the provincial administration or in 5 the employ of a local government body. (3) A delegation or assignment under subsections (I) or (2) shall not prevent the Minister or a Premier, as the case may be, from himself or herself exercising the power or performing the duty concerned. ' Regulations 10 46. (1) The Minister may, subject to the provisions of subsection (3), make regulations regarding- . (a) (b) (c) the forms of application or notice in terms of this Chapter; the persons or bodies to be notified of a land development application; the appointment of designated officers and the areas for which they are 15 appointed; (d) the procedure to be followed for the extension of the boundaries of an · established land development area and the amendment or cancellation of a (e) (j) (g) (h) (i) {j) (k} (l) general plan or of a land development application; the duties of a land development applicant, designated officer or a local 20 government body to give notice to any person or body of any fact relating to the establishment of a land development area; the classification of engineering services into internal and external or trunk ·services and guidelines with which a services agreement shall comply; the plans and specifications relating to engineering services to be lodged by a 25 land development applicant with a local government body; the effect of non-compliance with any time limit prescribed under this Chapter; the powers, duties and functions of a local government body in relation to the establishment of a land development area; the upgrading or further development of any land development area, including an area which is being developed by virtue of an exemption contemplated in section 30(1); inspections and investigations in relation to a land development application; the fees and travelling allowances, if any, to be charged or paid in respect of 35 any act required or authorised to be done under this Chapter; • ' 30 (m) the regulation of the use of land in a land development area, including the amendment or substitution of zoning schemes or other measures for- (i) the zoning or reservation of land into areas to be used exclusively or mainly for specific purposes; 40 (ii) the prohibition or restriction of the use of land in a land development area (iii) (iv) in conflict with the terms of such scheme or other measures; the replanning of a land development area; the regulation and limitation of buildings, including the demolition of, or the imposition of a special charge in respect of, buildings erected or 45 altered contrary to any such scheme or other measures; (n) ( o) (p) the preparation, approval and coming into operation of such an amendment or substitution; the consultation in respect of, and consideration of objections and represen tations made by any person or body in relation to any such amendment or 50 substitution; the payment by any person of compensation or a development contribution in respect of any such amendment or substitution and the basis for the calculation thereof; · .. _ (q) land-use planning in general; 55 60 No. 16730 Act No. 67, 199S GOVERNMENT GAZETI"E, 4 OCfOBER 1995 DEVELOPMENTFACllJTATION ACT, 1995 (r) any matter which in terms of this Chapter is required or permitted to be prescribed; (s) · any other matter which he or she considers necessary to prescribe in order to achieve the objects of this Chapter. . ... (2) The Minister may make different regulations in respect of different areas. (3) (a) The Minister shall, before making any regulations under subsection ( l), cause draft regulations to be published in the Gazette and shall consider any comment on such draft regulations received from any person during the period 30 days after such publication. . ;. 5 (b) A list of regulations made under subsection (I) shall be laid upon the Table of 10 Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), and if Parliament by resolution disapproves of any such regulations or any provision therof, such regulations or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in tenns of such regulations or such provision before it so ceased to be of force and effect, or to any right 15 or liability acquired or incurred in tenns of such regulations or such provision before it so ceased to be of force and effect. ·· · State and local government bound

47. This Chapter binds the State and local government bodies.· CHAPTER VI Land development procedures including procedures relating to the development of small-scale farming 20 Exemption from provisions of this Chapter : 48. (l) A tribunal may, on the terms and conditions and in accordance with the procedures determined in the regulations or, if there are no regulations, determined by 25 the tribunal, grant exemption from any or all of the provisions of this Chapter to any local government body or any other interested person or body, including a group . of persons referred to in section 57(1), in respect of an area or proposed land development area-. (a) which is already settled by persons and which is intended to be upgraded into 30 a fully established land development area over a period of time; or (b) which is intended to be settled by persons on an urgent basis prior to completing the establishment of a land development area in that area. with the intention that such area shall be upgraded over a period of time into a fully established land development area. 35 (2) For the purposes of applying any provision of this Act from which an exemption has not been granted under subsection (1), to land development contemplated in that subsection, the local government body or other interested person or body, including a group of persons referred to in section 57(1), or if so directed by a tribunal, any other body, person or group of persons shall be regarded as a land development applicant for 40 all purposes of this Chapter. Land development application ~ 49. (I) The following land development applicants may apply for establishment of a land development area in terms of this Chapter; (a) An owner of land, including the State or a local government body, in respect 45 of land owned by it; (b) an agent or independent contractor acting on behalf of the owner of land; (c) a person acting with the consent of the owner of land;' (d) a person to whom land has been made available by the State or a local government body in terms of a land availability agreement; or . 50 (e) a person acting on behalf of the owner of land in any capacity. : (2) A land development applicant shall lodge a land development application, accompanied by the prescribed documents and information, with a designated officer in the prescribed manner. 62 No. 16730 Act No. 67, 1995' GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACIUTATION ACf, 1995 (3) A land development applicant shall give notice of a land development application to the prescribed persons or bodies. (4) Any notice referred to in subsection (3) shall, in the prescribed form, call upon any person or body to whom or which the notice has been given- ' (a) to provide the designated officer with comments in writing on the land 5 development application within the period of time prescribed and specified in the notice; or , . (b) . failing the delivery of comments within such period, or if such comments were delivered but constitute an objection to any aspect of the land development application, to appear in person or through a representative before a tribunal on a date specified in the notice~ lO · (5) A notice referred to in subsection (3) shall have the same effect, mutatis mutandis, as if it were a subpoena issued by a tribunal under section 18(2). (6) The designated officer shall within the prescribed period provide the land development applicant with any comments, objections or representations received in 15 terms of subsection (4)(a), to which the land development applicant may reply within the prescribed period. · Submission of land development application to tribunal

50. The designated officer shall, prior to the consideration of the land development application by a tribunal on the date contemplated in section 49(4)(b), consider- 20 (a) the land development application; (b) any comments, objections or· representations received within the period . (c) any reply by the land development applicant to such comments, objections or referred to in section 49(4)(a); representations, · · · and shall within the prescribed period submit the land de.velopment application and such comments, objections, representations and reply, together with his or her report and recommendations on the land development app1ication, to a tribunal for its consider ation. Consideration of application by tribunal 51. (1) After receipt of the documents referred to in section 50, and on the date referred to in section 49(4)(b), a tribunal shall consider and may approve or refuse the land development application in whole 'or in part or postpone its decision thereon and may in approving the land development application impose one or more of the conditions contemplated in subsection (2). · . (2) In approving a land development application in terms of this Chapter, a tribunal may, either of its own accord or in response to that application, impose any condition of establishment relating to- · · 25 30 35 (a) (b) (c) (d) the question whether the land in the land development area is to be subdivided in terms of this Chapter; the ownership of the land forming the subject of a land development application and the administration of the settlement of persons on such land by . any person, trust, body of persons or juristic person with due regard to the wishes of the community concerned, and subject to the provisions of any law; the question whether the use of land in the land development area is to be 45 regulated by- (i) the Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983); 40 · · · · · (ii) provisions relating to the use of land outside local' government areas which have been prescribed generally for that purpose; 50 (iii) specific provisions relating to special or strategic projects which have been prescribed; the question whether the provisions of- . (i) . any law on physical planning; (ii) any law requiring the approval of an authority for the subdivision of land; 55 (iii) sections 9A arid 11 of the Advertising on Roads and Ribbon Develop- . . ment Act, 1940; · · · · · 64 No. 16730 Act No. 67, 1995 GOVERNMENT GAZElTE, 4 OCfOBER 199' DEVELOPMENT FACILITATION ACT, 1995 . (iv) section 12 of the National Roads Act, 1971; ( v) any other law, but not the Restitution of Land Rights Act, 1994, which in the opinion of the tribunal may have a dilatory or adverse effect on the proposed land development or the settlement of persons therein, . shall apply in respect of a land development area in question: Provided that a 5 decision to suspend the application of a law shall be taken after the tribunal has afforded the authority, if any, which is responsible for the administration of the law, and any interested person" or body,. an opportunity to provide the tribunal with its views . on the expedience of such a decision in the circumstances; the environment or environmental evaluations; the manner in which members of any community residing in a settlement shall be consulted during the process of land development whenever land development takes the form of the upgrading of an existing settlement; 10 , . (e) (j) (g) ·the mamier in which the interests. of any beneficial occupier of the land 15 development area are to be accommodated whenever land development takes the form of the upgrading of an·existing settlement; and · (h) any other matter considered necessary by the tribunal. (3) A condition of establishment- ( a) imposed under subsection (2)(c)(i) shall have effect despite any provision to 20 the contrary contained in the law contemplated in that subsection; and (b) relating to the suspensimi of the application of any law referred to in subsection (2)(d), shall have the effect of so suspending such law, · and comes into operation upon notice of such condition being given by the designated officer in the Provincial Gazette or, if a later date is stated in the notice, with effect from 25 such later date. (4) Any condition imposed under subsection (2) according to which a land development applicant shall perform any . act, shall state by which stage during the course of the establishment of the land development area such act shall be performed. l Amendment or land development application and conditions or establishment, 30 division of land development area and continuation of land development application by another land development applicant 52. (1) Subject to the procedures and conditions prescribed .· (a) ' a land development application may be amended; (b) any condition of establishment may be amended or deleted; · (c) · a land development area may be divided into two or more land development . areas; (d) another land development applicant may continue with the land development application in the place of the original or a subsequent land development · applicant. · (2) The designated officer shall inform the registrar of any event contemplated in 35 40 subsection (1). . . Land development on behalf of State or local government body 53. (1) The State or a local government body ·may in the prescribed manner and subject to the prescribed guidelines appoint, in terms of a land availability agreement 45 submitted to and approved by a tribunal, any person to cairy on land development in terms of this Chapter on land owned by the State or such local ·government body. (2) Any land which has been made available in terms of subsection (1~ · (a) shall remain subject to the control of the Minister, MEC or local government body, as the case may be, who or which may, in the event of a breach of the 50 · conditions on which the land was so made available by the person to whom the land was made available,. withdraw the. land. thus made available and 66 No. 16730 Ad No. 67,1995 · GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 thereafter deal with such land as the Minister, MEC or local government body, . as the case may be, deems fit; · • (b) shall not in any way be alienated or further encumbered by the State or local government body while the land remains so available to the person concerned; (c) may be alienated by the person to whom the land has been made available, only in his or her capacity as the duly authorised agent of the State or local government body, and on the same conditions on which the land has been made available to such person. · 5 Subdivision of land . . . 54. (1) A land development applicant intending to subdivide land for the purposes of 10 land development contemplated in this Chapter shall draw up or cause to be drawn up a settlement plan indicating the intended subdivision and submit the settlement plan as part of his or her larid development application. · · · · (2) A land development applicant may, subject to any condition imposed under section 51 (2), subdivide land in a proposed land development area or cause such land to 15 be subdivided in accordance· with this Chapter into pieces ·of land to be used for the purposes shown on the settlement plan. · · ·. ·'' · Lodging of documents with Surveyor-General_ and registrar

55. A land development applicant who has been notified that his or' her land development application has been approved shall, within the prescribed period, lodge- 20 (a) with the Surveyor-General, the plans, diagrams and other information which . the Surveyor-GenefaJ requires to approve adiagram in accordance with the ·approved application; . (b) with theregistrar, the approved plans and diagrams, together with the title · deeds and other documents required for registration by the registrar. . ·,' ' 25 Settlement of persons in land development area .

56. Settlement of any persons in a land develcipment area shall take place only after a surveyor has surveyed the area and placed the beacons: Provided that a tribunal may in any particular case grant permission that such settlement may take place in the manner determined by it even if the beacons have not yet been placed. 30 Investigation and authorisation of non-statutory land development processe~ 57. (1) Where any local government body or any other interested person or body, including a group of interested persons, has by reason of the actual or likely settlement of persons on, the erection or occupation of any structure on or the layout of land, reasonable grounds for believing that- · 35 (a) such activities are performed contrary to the procedures prescribed in this Act (b) or in any other law; or it is in the public interest and the interests of the persons residing or who are going to reside on such land that an exemption under section 48(1) be granted, such body, person or group may refer the matter to the designated officer for 40 investigation. · · (2) The designated officer shall investigate the matter and submit his or her report thereon to a tribunal. (3) As soon as is reasonably possible after receiving the report contemplined in subsection (2), a tribunal shall establish whether the settlement of persons, the erection 45 or occupation of buildings on the land or the layout of the land is in any manner inconsistent with any provision or object of this Act or any other Jaw governing· the establishment of land development areas unless an exemption under section 48(1) is granted, and if the tribunal is satisfied that such inconsistency exists, it may grant or decline to grant an exemption contemplated in that section in respect of such area. 50 68 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACIUTATION ACT, 1995 · (4) A tribunal may in considering a report referred to in subsection (2) conduct the enquiries, hear the evidence and take the steps considered necessary by it in the circumstances and shall in considering the matter take into account- ( a) the health or safety of the public generally, or of any class of persons, (b) (c) (d) (e) including persons residing in the area concerned; the feasibility of providing rudimentary services in the area concerned and of the upgrading of such services over a period of time; the feasibility of housing persons in temporary buildings erected by themselves in the area; the feasibility of the development of appropriate community facilities and 10 services in the area; the suitability of the area for small-scale farming, taldng into account its natural resources and location in relation to agricultural facilities; . , . . 5 (f) , the feasibility of providing occupants of the area with appropriate security of land tenure; the feasibility of erecting permanent dwellings over a period of time; (g) (h) , the feasibility of establishing an appropriate local government body or including the area within the local government area of such a body and of providing municipal services to the area; the possibility of persons settling iri the area being able to acquire sites which 20 are affordable to them, taking into account their likely income and other means of finance, including finance provided by the State; the feasibility of the area being fully established as a land development area over a period of time; the rights of any person in or in respect of the area and, if necessary, the 25 UJ (i) 15 _ · . . '(k) · . feasibility of such area or rights being expropriated or otherwise acquired for the purpose of establishing a land development area; · (I) the environmental sustainability of developing or permitting small scale farming in the area; · (m) any similar matter prescribed; and- (n) any other similar matter which the tribunal may deem necessary. (5) The provisions of any law on the establishment of a land development area or land-use planning shall not apply in relation to land which is the subject of an exemption referred to in subsection (3) or of proceedings contemplated in that subsection which are pending. Delegation 58. (I) Tne Minister may delegate or assign any power or duty conferred or imposed upon him or her by or under this Chapter, except the power conferred upon him or her by section 59, to a Premier. or to any officer in the Departments of Land Affairs or Agriculture. · · 30 35 40 (2) A Premier may delegate or assign any power or duty conferred or imposed upon him or her by or under this Chapter, including any power or duty delegated or assigned to him or her under subsection (1), to any officer in the provincial administration or in the employ of a local government body. ·' (3) A delegation or assignment under subsections (1) or (2) shall not prevent the 45 · . Minister or a Premier, as the case may be, from himself or herself exercising the power or performing the duty concerned. Regulations 59. ( 1) The Minister may, subject to the provisions of subsection (3), make regulations regarding- (a) (b) (c) (d) the forms of application or notice in terms of thls Chapter; the persons or bodies to be notified of a land development application;. · the appointment of designated officers; the duties of a land development applicant, designated officer or local government body to give notice to any person or body of any fact relating to 55 the establishment of a land development area; 50 70 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 (e) (f) the effect of non-compliance with any time limit prescribed under this Chapter;. the powers, duties and functions of a local government body or any other competent authority in relation to land development; (g) the inspections and investigations in relation to land development applica- 5 (h) (i) U) (k) (l) . tions; the fees and travelling allowances, if any, to be charged or paid in respect of any act required or authorised to be done under this Chapter; the regulation of the use of land in a land development area; . the guidelines for a land availability agreement contemplated in section 53; 10 the supply of services to persons who are settled in a land development area; the granting of financial or other assistance to a land development applicant or intended beneficiary of land development; (m) any steps which may be taken if a land development applicant does not comply with the conditions of a land availability agreement; 15 (n) any other matter which in terms of this Chapter is required or permitted to be prescribed; . (o) any other matter which he or she considers necessary to prescribe in order to achieve the objects of this Chapter. · (2) The Minister may make different regulations in respect of different areas. (3) The provisions of section 46(3) shall, mutatis mutandis, apply to regulations made · 20 under subse~tion ( 1 ). State and local government bound

60. This Chapter binds the State and local ·government bodies; CHAPTER VII Land tenure matters 25 Registration ·arrangement involving surveyor and connyancer 61. (I) Any land development applicant referred to in Chapter V may apply to a tribunal for the approval of a registration arrangement contemplated in this section. (2) A tribunal shall not refuse an application referred to in subsection (l) if- 30 (a) the provisions of section 38(2)(a) to (g) have been complied with to the satisfaction of the tribunal; (c) (b) the tribunal is satisfied that the conveyancer and professional land surveyor responsible for the issuing of the certificates contemplated in subsection (4) · are in possession of sufficient insurance which enables them to issue the 35 certificates; and the tribunal is satisfied, if the land development applicant is the State or a local government body or a· person or body with whom the State or local government body has concluded a land availability agreement subject to a suspensive condition that the State or local government body concerned 40 becomes the owner of the land, and if the. State or local government body concerned has not yet taken transfer of ownership of the land concerned, that such land has been expropriated in favour of the State or such local government body by any competent authority. (3) A tribunal may grant an application in terms of subsection (l) subject to the 45 conditions it deems appropriate: Provided that any condition requiring registration in a ·deeds registry shall be imposed under section 33(2) and not under this subsection. . . 72 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 (4) (a) At any time after an application in terms of subsection (1) has been granted, the professional land surveyor contemplated in subsection (2)(b) may issue a certificate in the prescribed form certifying that the beacons referred to in section 38(2)(c) were placed in terms of that section and to the effect that he or she is of the opinion that there is no substantial risk that a general plan will not be approved accordingly. . . 5 (b) At any time after an application in terms of subsection (1) has been granted, and if granted subject to a condition referred to in subsection (3), which condition has to be fulfilled prior to the issuing of a certificate contemplated in this paragraph, after such a condition has been fulfilled, the conveyancer contemplated in subsection (2)(b) may issue a certificate in the prescribed form describing the remaining registrable 10 transactions required in a deeds registry before transfer of ownership of erven in the land development area may be registered as contemplated in section 38( I), and to the effect that he or she is of the opinion that, in the light of the circumstances contemplated in subsection (2)(a) to (c), there is no substantial risk that transfer of ownership of such erven will not be so registered. 15 · · · (5) The provisions of section 43 relating to professional responsibility and liability apply mutatis mutandis to a certificate referred to in subsection (4). (6) The land development applicant shall file copies of the certificates referred to in subsection (4) with the designated officer and the originals of such certificates, together with the layout plan and an application by the land development applicant for the 20 registrar to take the steps in terms of subsection (7), shall be lodged with the registrar. (7) Upon receipt of the certificates and the other documents referred to in subsection (6)," the registrar shall make such entries into his or her records as may be necessary in orderto-- · (a) . reflect that a registration arrangement contemplated in this section is in 25 operation in relation to the land development area in question; and (b) create a separate register for the registration of initial ownership by reference to the numbers of the individual, proposed erven appearing on the layout plan; Provided that the registrar shall not be obliged to create such a register if the land development area is situated within more than one province or within the 30 area of jurisdiction of more than one deeds registry or a deeds registry referred to in section 66. · Initial ownership 62. (1) As soon as the entries referred to in section 61(7) have been made by the registrar, a form of title to be known as initial ownership may be registered in a deeds 35 registry. (2) The first transfer of initial ownership shall be registered in accordance with the provisions of the Deeds Registries Act, 1937. ' · · · (3) The first transfer of initial ownership of an erf in a land development area shall take place by means of a deed of transfer in a form prescribed under the Deeds Registries 40 Act, 1937. · (4) Registration of transfer of initial ownership under subsection (2) shall vest in the holder of the initial ownership- · · · (a) the right to occupy and use the erf concerned as if he or she were the owner thereof; 45 (b) the right to acquire ownership of such erf as contemplated in subsection (7); the right to encumber the initial ownership by means of a mortgage or a (c) personal servitude but, subject to paragraph (d) and subsections (5)(b) and (6), not the right otherwise to encumber or deal with the initial ownership: Provided that for the purposes of creating or reserving a personal servitude in 50 terms of this paragraph, a reference to "land" in the Deeds Registries Act, 1937, shall be construed so as to include a reference to a registered right of initial ownership; and · · the right to sell such initial ownership. (d) · · 74 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 (5) (a) Land in respect of which initial ownership has been transferred shall not, until the initial ownership has been converted into ownership under subsection (7), in any way be alienated or further encumbered by the owner of that land, except to the extent that it may be necessary to comply with a condition of establishment or to register ownership of the land under section 38( I). 5 (b) A registrar may, despite the provisions of section 6 of the Deeds Registries Act, 1937, cancel a deed of transfer conveying initial ownership if, subject to subsection (6), the owner of the land concerned, the holder of the initial ownership of the land, the holder of a personal servitude contemplated in subsection ( 4 )(c) and the mortgagee in respect of the initial ownership, or in respect of such personal servitude, if any, agree 10 thereto and such servitude or bond may be cancelled likewise. (c) No transfer duty or stamp duty shall be payable in respect of a cancellation in terms of paragraph (b). · (6) In the event of initial ownership being sold by the holder thereof or offered for sale during the administration of a deceased estate, a sale in execution, or a sale in 15 consequence of the insolvency or liquidation of the holder of such initial ownership, or where some other event occurs requiring the transfer of such initial ownership, the initial ownership may be transferred in terms of the provisions of the Deeds Registries Act, 1937, as if it were for all purposes a transfer of ownership of land: Provided that such transfer shall not confer upon the transferee any right which the previous holder of initial 20 ownership did not have. (7) Immediately upon an erf which is the object of initial ownership becoming registrable in ownership as contemplated in section 38(1), such initial ownership shall be converted into ownership and from such conversion the ownership of such erf shall, subject to any right which would, but for section 65, read with section 64(8), have been 25 recorded in a deeds registry, vest exclusively in the person who was the holder of initial ownership in respect of such erf immediately before the conversion. (8) Upon a conversion into ownership in terms of subsection (1)- (a) a mortgage bond or personal servitude registered in respect of initial ownership shall be converted into a mortgage or personal servitude in respect 30 of the erf in question; and (b) such ownership shall be subject to any condition, servitude, mortgage bond or other right registered immediately before such conversion against the title of the erf or land in the land development area concerned. (9) (a) In order to give effect to subsections (7) and (8), the registrar shall make the 35 necessary entries and endorsements in or on his or her registers and other documents in his or her office or submitted to him or her. (b) No transfer duty, stamp duty or other fees shall be payable in respect of such entries and endorsements. Conversion of informal tenure 40 63. (1) Whenever land development takes the form of the upgrading of an existing settlement, informal or unregistered tenure arrangements existing among occupants of the sett.lernent may, subject to any condition referred to in section 33(2)(p) or 51(2)(g), be converted into ownership in the manner prescribed. (2) The regulations contemplated in subsection (I) may relate t~ 45 (c) · (d) (b) (a) the role of any committee, which includes members of the community residing on the settlement in question, in the conversion of such informal tenure arrangements into ownership; the use of aerial photographs or other technology for the purpose of compiling a layout or settlement plan; the compilation of a draft layout or settlement plan of the settlement; the co-operation between various parties involved in the upgrading of the settlement and · the persons residing in the settlement in respect of the identification of physical boundaries and the adjudication of disputes; 55 the compilation of a formal layout plan or settlement plan of the settlement; . · (e) , the numbering of structures or dwellings on the settlement; (j) (g) the placing of beacons on the settlement in accordance with the Land Survey 50 Act, 1927; 76 No. 16730 Act No. 67, 1995 · GOVERNMENT GAZETTE, 4 OCTOBER 1995 DEVELOPMENT FACILITATION ACT, 1995 (h) the stage of the upgrading at which surveys shall be carried out, a general plan shall be submitted to the Surveyor-General and the manner in which proposed erven in the settlement shall be rendered capable, in accordance with the Land Survey Act, 1927, and the Deeds Registries Act, 1937, of registration in ownership. (3) The provisions of section 46(3) shall, mutatis mutandis, apply to regulations made 5 under subsection (2). Special deeds of transfer · 64. (1) As soon as transfer of ownership of erven in a land development area may be registered under section 38(1), a deed of transfer contemplated in this section may be 10 prepared and lodged with a registrar: Provided that- ( a) this section shall not preclude the registration of transfer of ownership of an erf in terms of any other law; and · (b) a deed of transfer contemplated in this section shall be used only in respect of the first transfer of ownership of an erf in a land development area subdivided 15 under this Act. · (2) A deed of transfer referred to in subsection ( 1) shall be prepared by ( a) a conveyancer; or (b) · if the owner of the erfis the State or any local government body; any officer in the public service or person in the employ of such local government body, as 20 the case may be, who,has been designated for the purpose by the Minister, Premier or local government body, as the case may be. (3) A deed of transfer referred to in subsection (I) shall be in the form prescribed under the Deeds Registries Act, .1937, and shall be signed by the owner of the erf or his or her duly authorised agent in the presence of a conveyancer referred to in subsection 25 (2)( a) or officer or person referred to in subsection (2)(b) in the manner prescribed under that Act. (4) An officer or person referred to in subsection (2)(b)- (a) shall disclose the fact that the deed of transfer referred to in subsection ( 1 ), or any power of attorney, application or consent, which may be required by the 30 registrar for the purposes of the registration of the said transfer was prepared by him or her, by signing an endorsement to that effect on the deed of transfer, power of attorney, application or consent, as the case may be, and by virtue of such signing accepts, mutatis mutandis, in terms of section 15A(l) and (2) of the Deeds Registries Act, 1937, responsibility for the correctness of the facts 35 stated in any such document; and (b) may, despite anything to the contrary contained in any other law, perform all of the functions of a conveyancer in relation to the registration of a deed of . transfer contemplated in this section. . (5)A conveyancer, officer or person referred to in subsection (2) shall lodge the deed 40 of transfer together with the necessary supporting documents at a deeds registry in the manner prescribed under the Deeds Registries Act, 1937. (6) The registrar shall deal with a deed of transfer and the other documents referred to in subsection (5) as if such deed of transfer were executed in the presence of the registrar in terms of section 20 of the Deeds Registries Act, 1937. 45 (7) Ownership of an erf in a land development area shall be deemed to have been transferred on the date of registration by the registrar of a deed of transfer referred to in subsection (1). , (8) Section 17(1) and (2) of the Deeds Registries Act, 1937, shall not apply and no transfer duty or stamp duty shall be payable in respect of the transfer of any erf in terms 50 of this section. Deeds of transfer relating to initial ownership

65. Section 64(2) to (8) shall, mutatis ,;,utandis, apply to the registration of the first transfer of initial ownership. 78 No. 16730 Act No. 67, 1995 GOVERNMENT GAZETIE, 4 OCfOBER 1995 DEVELOPMENT FACILITATION ACf, 1995 Application and administration of registration arrangements contemplated in this Act in former homelands

66. Despite anything to the contrary contained in any other law, any transaction, diagram, plan, document, step or action referred to or contemplated in this Act which is . capable of registration in a deeds registry · or which must be approved by a Surveyor-General, may, in the case of a territory which was immediately before the commencement of the Constitution- 5 ( a) known as Transkei, Bophuthatswana, Venda or Ciskei, be so registered or approved mutatis mutandis in accordance with the provisions of this Act, the Land Survey Act, 1927, and the Deeds Registries Act, 1937: Provided that, for I 0 all purposes of such registration or approval, any reference in the said Land Survey Act, Deeds Registries Act or this Act to a .. registrar", a "Surveyor General" or a "deeds registry" shall be deemed to be a reference to a registrar, Surveyor-General or deeds registry as contemplated . or defined in any corresponding act, regulation or enactment relating to land survey or the 15 registration of deeds which, by. virtue of section 229 of the Constitution, continues to be in force in such territories; or (b) known as KwaNdebele or KwaZulu, be so registered or approved mutatis mutandis in accordance with the provisions of this Act, the Land Survey Act, 1927, and the Deeds Registries Act, 1937, to the exclusion of any 20 corresponding act, regulation or enactment relating to land survey or the registration of deeds which, by virtue of section 229 of the Constitution, continues to be in force in such territories. CHAPTER VIII General provisions . 25 Land de,·elopment applications made in terms of other laws 67. (l)Any application for land development made in terms of any other law prior to the commencement of this Act, but which has not yet, at such commencement, been approved or rejected by any competent authority in terms of such other law may, despite anything to the contrary contained in such other law, be continued as a land development 30 application under this Act on the basis that- ( a) a tribunal shall only consider such a land development application if it is satisfied that the application originally brought in terms of such other law has been withdrawn and will not be proceeded with in terms of such other law; and (b) a tribunal may exempt the land development applicant from any provision of this Act if the tribunal is satisfied that the land development applicant has, by complying with any provision of such other law, substantially complied with an equivalent provision of this Act. 35 (2) After a land development application has been lodged in terms of this Act the same 40 or a substantially similar land development application may not also be brought in terms of any other Jaw. (3) If a land development application has been rejected in terms of this Act, the same or a substantially similar land development application may not, within a period of two · years, thereafter be brought in terms of any other law. 45 Amendment of laws