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Updated: 13 October 2018

2. Application of Act

1. Subject to the provisions of any notice published in terms of subsection (2), the provisions of this Act shall apply in the area of jurisdiction of any local authority.


2.

(a) The Minister may, on such conditions as he may think fit and after consultation with the council and the Administrator of the province in question, of his own accord or at the request of a local authority or any other person, by notice in the Gazette exempt the area of jurisdiction; or any part thereof; of any local authority from the application of this Act, or of any provision or provisions thereof which are mentioned in the notice;

[Para. (a) substituted by s. 2 (a) of Act 36 of 1984 and by s. 2 (a) of Act 62 of 1989.]


(b) Different notices may in terms of paragraph (a) be published in respect of different local authorities or different categories of local authorities.


3. Subject to the provisions of subsection (4) this Act shall not bind the State.


4. In respect of any building to be erected by or on behalf of the State, such plans, specifications and certificate as may be prescribed by national building regulation; shall before the commencement of such erection be lodged with the local authority in question for its information and comment: provided that the Minister may -


(a) if he, with the concurrence of the Minister of Defence, the Minister of Law and Order and the Minister of Justice, is of the opinion that the erection or proposed erection of any building or class of buildings by or on behalf of the State is in the interest of or connected with the security of the Republic, exempt the State in relation to any such building or class of buildings; and

[Para. (a) substituted by s. 2 (b) of Act 36 of 1984 and by s. 2 (b) of Act 62 of 1989.]


(b) by virtue of economic considerations, necessity or expediency, exempt the State, either generally or in any particular case, after notice in writing to the local authority in question; from the provisions of this subsection.


[Note: In terms of s. 36 (2) of the Legal Succession to the South African Transport Services Act 9 of 1989, the references to 'the State' in subsections (3) and (4) above are to be construed as having included the Company (Transnet Limited) and the Corporation (the South African Rail Commuter Corporation Limited) during the period 1 April 1990 to 1 April 1992.]


5. Subject to the provisions of subsections (7) and (8), the Minister may, on such conditions as he may think fit and with the concurrence of the Minister of Defence, exempt the owner of


(a) any place as defined in section 1 of the National Key Points Act, 1980 (Act No. 102 of 1980) -


(i) that has been declared a National Key Point in terms of section 2 of the said Act; or


(ii) in respect of which the Minister of Defence has certified that it will be declared a National Key Point under the said section 2 of that Act; or


(b) any prohibited place as defined in section 1(1) of the Protection of Information Act, 1982 (Act No. 84 of 1982), after notice in writing to the local authority in question from the provisions of this Act.

[Sub-s. (5) added by s. 2 (c) of Act 62 of 1989.]


6. Subject to the provisions of subsection (7), the owner of any building which is or is to be erected on mining property and which is or is to be used exclusively for the operation of a mine or any works or machinery, as defined in the Mines and Works Act, 1956 (Act No. 27 of 1956), and which is in terms of section 2 of that Act subject to the supervision of the Government Mining Engineer, shall be exempted from the provisions of this Act.

[Sub-s. (6) added by s. 2 (c) of Act 62 of 1989 and amended by s. 99 of Act 29 of 1996.]


7. An owner shall in respect of the erection or proposed erection of a building with regard to which an exemption contemplated in subsection (4), (5) or (6) applies, and in connection with-


(a) connections to electricity supply, water supply, sewer and stormwater drainage systems;


(b) provision on the relevant site for parking of more than 100 vehicles;


(c) service by the local authority's fire brigade in place of or in addition to any fire protection service provided by the owner, supply the local authority concerned with sufficient details to enable such local authority to -


(i) provide any connection, road traffic control and fire brigade service which may be required; or


(ii) give notice in writing to such owner that it cannot so provide any such service.

[Sub-s. (7) added by s. 2 (c) of Act 62 of 1989.]


8. The owner of a National Key Point in respect of which an exemption contemplated in subsection (5) applies, shall, if the provisions of the National Key Points Act, 1980 (Act No. 102 of 1980), cease to apply in respect of him, forthwith submit to the local authority concerned such plans, specifications and certificates as may be prescribed by the national building regulations, and shall comply with such requirements of this Act as should in the opinion of that local authority be complied with to ensure the safety and health of the occupants of any relevant building.

[Sub-s. (8) added by s. 2 (c) of Act 62 of 1989.]

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