Pretoria Registrar's Circular No 15 of 2015:
Development Facilitation Act, Act 67 of 1995
1. Purpose
This circular is issued to provide for a transitional measure to finalize all pending applications before a tribunal established in terms of section 15 of the Development Facilitation Act, Act 67 of 1995 that have not been disposed of.
2. Background
From 18 June 2012, Chapter v and vi of Act 67 of 1995 was declared unconstitutional in the judgement of City of Johannesburg v Gauteng Development Tribunal and others (CCT89/09) [2010] ZACC11; 2010 (6) SA 182 (CC); BCLR 859 (CC). The Constitutional court ruled that municipal planning vests in Municipalities. From 1/07/2015, the whole of the Development Facilitation Act will be repealed in terms of the Spatial Planning and Land Use Management Act, Act 16 of 2013 (hereafter referred to as SPLUMA). Section 60(2)(a) of SPLUMA provides that pending matters (applications received prior to 18 June 2012) must be continued with and disposed of in terms of SPLUMA.
3. Requirement of Section 60(2)(b and c) of SPLUMA
Section 60(2)(b) of SPLUMA refers: A reference to a tribunal in terms of section 15 of the Development Facilitation Act, 1995 for the purposes of deciding or otherwise disposing of any application, appeal or other matters pending before a tribunal at the commencement of this Act must be construed as a reference to a local or metropolitan municipality.
Section 60(2)(c) of SPLUMA refers: References to a designated officer and the registrar in terms of the Development Facilitation Act, 1995 must for the purposes of deciding or otherwise disposing of any application, appeal or other matters pending before a tribunal at the commencement of this Act must be construed as a references to an official of a local or metropolitan municipality designated by such municipality to perform such function.
4. Requirement of Section 60(3) of SPLUMA
Section 60(3) of SPLUMA refers: Despite the repeal of the Development Facilitation Act, 1995, a municipality must continue to perform the functions conferred on a designated officer in terms of the Development Facilitation Act, 1995 —
- to inform the Registrar of Deeds that the conditions of establishment which have to be complied with prior to the commencement of registration, have been complied with as contemplated in Section 38(1)(c) of the Development Facilitation Act, 1995; and
- to inform the Registrar of Deeds that the applicant and the municipality have fulfilled their obligations relating to the provision of services as contemplated in Section 38(1)(d) of the Development Facilitation Act, 1995.
5. Resolution
Pending matters will be finalized in terms of the Regulations of the Development Facilitation Act. As section 60 of SPLUMA does not refer to the Municipal Planning Tribunal as the decision making authority, all pending matters will be decided on by a Local or Metropolitan Municipality.
6. Lapsing
Section 60(2)(d) of SPLUMA declares that the Minister may prescribe a date by which pending matters must be disposed of. The Department of Rural Development and Land Reform has decided that 24 months would be a reasonable timeframe to deal with all pending matters. The period will start from date of Gazetting (which date will be communicated in future as soon as Gazetting has taken place).
7. Checklist
Find attached a checklist for all requirements to finalize an application in terms the Development Facilitation Act.
This circular will come into operation on 1/07/2015 (in accordance with SPLUMA which will come into operation on 1/07/2015 as per Gazette Notice Number 38828 published on 27/05/2015).
Pretoria Registrar's Circular No 15 of 2015 and an editable Word Document Checklist for opening of a Township
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