Pretoria Registrar’s Circular No 16 of 2015
Consents to be issued by municipalities
This circular is issued as a guideline to deal with consents to be issued by Municipalities.
Prior to the implementation of the Spatial Planning and Land Use Management Act, Act 16 of 2013 (hereafter referred to as SPLUMA), conditions referring to another controlling authority were dealt with by the issuing of consent by that controlling authority.
3. Requirements of SPLUMA
Section 45(6) of SPLUMA determines that where a condition of title, a condition of establishment of a township or an existing scheme provides for a purpose with the consent or approval of the administrator, a Premier, the townships board or any controlling authority, such consent may be granted by the municipality and such reference to the administrator, a Premier, the townships board or controlling authority is deemed to be a reference to the municipality. Section 33(2) of SPLUMA determines that where an application or authorisation is required in terms of any other legislation for a related land use, such application must also be made or such authorisation must also be requested in terms of that legislation.
This circular will come into operation on 01/07/2015 (in accordance with SPLUMA which will come into operation on 1/07/2015 as per gazette notice number 38828 published on 27/05/2015).