2 Interpretation
(1) In this Act—
“adopted scheme” means a scheme such as is referred to in subparagraph (ii) of paragraph (c) of section seventy-five which has not been approved in terms of that subparagraph; “advertisement”—
(a) means any word, letter, model, sign, placard, board, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction; and
(b) includes any hoarding or similar structure used, or adapted for use, for the display of anything referred to in paragraph (a);
And any reference to the display of advertisements shall be construed accordingly; “advisory board” means an advisory board appointed in accordance with section sixty-seven A;
“appointed day” means the 1st November, 1976;
“approved scheme” means a scheme such as is referred to in subparagraph (iv) of paragraph (c) of section seventy-five;
“area under its jurisdiction”, in relation to a local authority, means—
(a) in the case of a municipal council or town council, the area of the municipality or town, as the case may be, and of any local government area which is administered and controlled by the municipal council or town council, as the case may be;
(b) in the case of a rural district council, the council area;
(c) in the case of a local board, the local government area for which the board is established and of any local government area which is administered and controlled by the local board;
“building” includes—
(a) any structure or erection or part thereof, including a swimming pool;
(b) any part of a building;
but does not include plant or machinery within a building;
“building operations” includes—
(a) the construction or erection of any building; and
(b) the rebuilding of, or structural alterations or additions to, any building; and
(c) any operations not referred to in paragraph (a) or (b) which are normally undertaken by a person carrying on business as a builder; “building preservation order” means an order made in terms of section thirty;
“construct” includes to erect;
“development account” means an account established in terms of section sixty-six; “development order” means a development order made in terms of section twenty-five;
“Director” means the person appointed as Director of Physical Planning in terms of section sixty-three;
“district road” has the meaning given by section 3 of the Roads Act [Chapter 13:12]; “enforcement order” means an order made in terms of section thirty-two;
“Executive Director of Museums” means the Executive Director of Museums and
Monuments appointed in terms of section 14 of the National Museums and
Monuments Act [Chapter 25:11];
“forest land” means any area or land which has been declared to be a demarcated forest in terms of the Forest Act [Chapter 19:05];
“general plan” has the meaning given by section 2 of the Land Survey Act [Chapter 20:12];
“investigator” means the person appointed by the Minister in terms of subsection (2) of section sixty-seven;
“local authority” means a municipality, town, local board or rural district council; “local inquiry” means a local inquiry held in terms of this Act in accordance with section sixty-seven;
“local plan” means a plan as described in section seventeen, together with any alterations made to that plan in terms of section twenty;
“local planning authority”, subject to the limitations specified in section ten, means an authority which is a local planning authority in terms of that section;
“main road” has the meaning given by section 3 of the Roads Act [Chapter 13:12]; “master plan” means a plan as described in section fourteen, together with any alterations made to that plan in terms of section twenty;
“mining operations” includes quarrying and other surface mineral workings; “Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act;
“obstacle limitation area of an aerodrome” means an area declared to be an obstacle limitation area of an aerodrome by the Minister in terms of subsection (4);
“operative”, in relation to any regional plan, master plan or local plan, means such a plan which has become operative in terms of subsection (7) of section seven or subsection (5) of section seventy-one, as the case may be;
“owner”, in relation to property, means—
(a) in the case of land which is vested in the President—
(i) if it is not Communal Land, the Minister responsible for the administration of the land concerned; or
(ii) if it is Communal Land, the Minister responsible for the administration of the Communal Land Act [Chapter 20:04];
(b) in the case of land which is not vested in the President—
(i) the person who is registered in the Deeds Registry as the owner of the property; or
(ii) a local authority or a statutory body to which the ownership of the property has been transferred or vested by any enactment; or
(iii) the person lawfully holding the property in accordance with any enactment or agreement with the State or a local authority or a statutory body which entitles that person to obtain title thereof on the fulfilment by him of the conditions fixed by or in terms of such enactment or agreement; and includes—
A. the legal representative of a person referred to in subparagraph (i) or (iii) of paragraph (b) who has died, has become insolvent, is a minor, is of unsound mind or is otherwise under disability; or
B. the liquidator of a company which is a person referred to in subparagraph (i) or (iii) of paragraph (b);
“parks and wild life land” means land which is Parks and Wild Life Estate in terms of the Parks and Wild Life Act [Chapter 20:14];
“permit” means a permit granted in terms of section twenty-six or forty;
“planning area” means the area for which a regional plan, master plan or local plan is being or has been prepared;
“preliminary planning permission” means preliminary planning permission granted in terms of section twenty-six;
“prohibition order” means an order made in terms of section thirty-four;
“property” means any land which is described in any deed of grant or transfer or other certificate of title as a single piece of land;
“public notice” means notice given in the Gazette and additionally, or alternatively, in a newspaper circulating in the area of the local planning authority or other area concerned in accordance with such requirements as are prescribed; “region” means an area specified in a proclamation in terms of section three; “regional plan” means a plan as described in section six, together with any alterations made to that plan in terms of section eight;
“regional planning council” means a regional planning council established in terms of section three;
“reinstatement order” means an order made in terms of subsection (3) of section forty-eight;
“repealed Act” means the Town and Country Planning Act [Chapter 213 of 1974]; “road” includes—
(a) any existing street, bridge, subway, avenue, lane, footpath, sanitary lane or thoroughfare; and
(b) anything shown as a street or road on a general plan; and
(c) any other public right of way established by law;
“scenic beauty area” means an area declared to be a scenic beauty area by the
Minister in terms of subsection (5);
“scheduled local planning authority” means a local planning authority referred to in, or established in terms of, paragraph (e) of subsection (1) of section ten; “scheme” and “scheme area” have the meanings given thereto in the repealed Act; “State road” means a road for the maintenance of which the Minister responsible for transport has assumed responsibility;
“statutory body” means a corporate body established by or in terms of any enactment for special purposes specified in that enactment;
“survey diagram” means a diagram as defined in the Land Survey Act [Chapter 20:12];
“Surveyor-General” means the Surveyor-General appointed in terms of the Land
Survey Act [Chapter 20:12];
“tree preservation order” means an order made in terms of section thirty-one.
(2) Any reference in this Act to land or property which is adjacent to land or property which is affected by a particular proposal or to which a particular application relates, hereinafter referred to as the affected land, shall be construed as a reference to land or property which—
(a) has a common boundary or common beacon with the affected land; or (b) has a boundary or beacon which is directly opposite a boundary or beacon of the affected land and is separated therefrom only by a road.
(3) Subject to section seventy-five, any scheme, matter or thing which is approved, determined or otherwise done after the appointed day in terms of paragraph (a), (b), (c), (d) or (g), as the case may be, of section seventy-five shall be regarded, for the purposes of this Act, as though it had been approved, determined or otherwise done under the repealed Act.
(4) The Minister may, by statutory instrument, declare an area surrounding or in the vicinity of an aerodrome to be an obstacle limitation area of an aerodrome and may in like manner amend or revoke any such notice.
(5) Where the Minister considers that development in an area by reason of its scenic beauty requires to be controlled he may, by statutory instrument, declare such area to be a scenic beauty area and may in like manner amend or revoke any such notice.