(1) Subject to this section, the following shall be local planning authorities— (a) every municipal council or town council for the area under its jurisdiction;
(b) every rural district council or local board for the area under its jurisdiction:
Provided that—
(i) a rural district council or local board shall not be a local planning authority for the purposes of Part IV or VI unless the Minister, subject to paragraphs (c) and (d), has, by statutory instrument, authorized the rural district council or local board to be a local planning authority for such purposes;
(ii) where the Minister has issued a notice in terms of proviso (i), the rural district council or local board shall exercise the powers of a local planning authority to such extent and subject to such conditions as are specified in the notice;
(iii) where the area under the jurisdiction of a rural district council or local board includes an area referred to in Part III of the Schedule the Minister shall, before issuing a notice in terms of proviso (i), consult with the Minister of Environment and
Tourism;
(c) the Minister of Environment and Tourism—
(i) subject to paragraph (d), for the purposes of Parts IV and V, for any area referred to in Part I of the First Schedule; and
(ii) for the purposes of preparing a local plan and making proposals for its alteration, repeal or replacement and for no other purpose, for any area referred to in Part II of the Schedule:
Provided that the Minister of Environment and Tourism may, by statutory instrument, establish an authority, consisting of such persons as may be specified in that notice, to be the local planning authority for such area or any part of such area as is specified in that notice, and the authority so established shall be the local planning authority for the area specified in that notice for the appropriate purposes specified in subparagraph (i) or (ii), as the case may be, or for such of those purposes as may be specified in that notice;
(d) for the purposes of—
(i) preparing a master plan and making proposals for its alteration, repealor replacement and for no other purpose, for the area comprising the Rhodes Matopos and the Lake Matopos parks and wild life land and the area under the jurisdiction of the former Bulawayo-Esigodini Rural Council, the authority established by the Minister, by statutory instrument, shall be the local planning authority for that area and shall consist of members appointed by the Minister who shall be representatives of the Ministry responsible for environment and tourism and such other persons as the
Minister may consider suitable for appointment as members;
(ii) Part IV, for Lake Kariba parks and wild life land and the islands in Lake Kariba and for such area adjacent to that lake as may be specified by the Minister, by statutory instrument, shall be the local planning authority for that area and shall consist of members appointed by the Minister who shall be representatives of the Ministries responsible for local government and housing and environment and tourism and such other persons as the Minister may consider suitable for appointment as members;
(e) the Minister or any authority appointed or established by the Minister, by statutory instrument —
(i) for any area for which there is no local planning authority; or
(ii) for the purposes of exercising in any area the powers conferred by this Act on a local planning authority which may not, in terms of this subsection, be exercised by the local planning authority concerned.
(2) Subject to this section, any two or more local planning authorities may, and if so directed by the Minister shall, combine on such terms and conditions as may be agreed between them or fixed by the Minister, as the case may be, for the purposes of carrying out such duties or responsibilities in terms of this Act as they may agree or as the Minister may direct in respect of the whole or part of the areas of the local planning authorities concerned, and where such combination has been formed—
(a) before the combination may exercise any powers as a local planning authority, the Minister shall cause to be published in the Gazette a notice specifying—
(i) the local planning authorities which are constituents of the combination; and
(ii) the area for which the combination has been formed; and
(iii) the duties and responsibilities which are to be carried out by the combination;
(b) the combination shall be the local planning authority for the area specified in the notice published in terms of paragraph (a) for the purpose of carrying out the duties or responsibilities specified in that notice and may exercise, in respect thereof, any powers conferred by this Act on a local planning authority, notwithstanding that one of the constituents of that combination has not been authorized by the Minister to exercise the power concerned in relation to its area; (c) sections 244, 245 and 246 of the Urban Councils Act [Chapter 29:15] shall apply, mutatis mutandis, in relation to the combination;
(d) the duties or responsibilities specified in the notice referred to in paragraph (a) shall be carried out by the combination and not by the local planning authorities which are constituents of the combination.
(3) The Minister shall not direct in terms of subsection (2) that a local planning authority referred to in paragraph (e) of subsection (1) shall combine with another local planning authority unless with the approval of the Minister of Environment and Tourism.
(4) Where a local planning authority which is referred to in paragraph (a) or (b) of subsection (1) or is a combination referred to in subsection (2) includes within its area any forest land or parks and wild life land referred to in Part III of the Schedule, the
Minister shall, on such terms and conditions as he thinks fit—
(a) appoint to the local planning authority a person nominated by the Minister of Environment and Tourism; and
(b) if the Great Zimbabwe Ruins National Monument is included within its area, appoint a person nominated by the Executive Director of Museums; to be a member of the local planning authority for the purpose of ensuring the coordination of development of the land within the forest land or parks and wild life land concerned and the other parts of the area of the local planning authority. (5) If, in the case of a local planning authority which is referred to in paragraph (a) or (b) of subsection (1) or is a combination referred to in subsection (2), the Minister considers that the development of the area of the local planning authority will have serious implications for the planning and development of a neighboring local planning authority, he may appoint, on such terms and conditions as he thinks fit, to the first-mentioned local planning authority as members thereof one or more persons whom he considers suitable for the purpose of ensuring that consideration is given to the planning and development interests of the neighboring local planning authority: Provided that the number of members so appointed shall be less than the number of other members of the first-mentioned local planning authority.
(6) Without derogation from subsections (4) and (6) the Minister may, in the case of local planning authority which is a combination referred to in subsection (2), appoint, on such terms and conditions as he may specify, such persons to be additional members thereof as he considers necessary or desirable to ensure that the local planning authority concerned shall have suitable expertise and representation of interests for the proper exercise of its powers, functions, duties and responsibilities: Provided that the number of members so appointed shall be less than the number of other members of the first-mentioned local planning authority.
(7) The Minister may, in the statutory instrument referred to in subparagraph (i) or (ii) of paragraph (d) of subsection (1) or paragraph (a) of subsection (2), provide for such matters in connection with the authority or combination referred to in that subparagraph or paragraph, as the case may be, as he considers appropriate and may at any time thereafter, by further statutory instrument, amend such statutory instrument