(1) If a local planning authority is satisfied that—
(a) the implementation of any of the proposals in connection with the establishment of an estate—
(i) is likely to involve excessive expenditure of public money; or
(ii) would no longer accord with sound town and country planning principles; and
(b) the subdivisions in the estate or portion thereof have remained undeveloped or not sold, leased or otherwise disposed of for a period of fifteen years from the date of the approval of the general plan by the Surveyor-General; it may apply to the Minister for an order directing the Surveyor-General to cancel the whole or a portion of the general plan, as the case may be.
(2) On receipt of an application in terms of subsection (1) the Minister shall require the local planning authority—
(a) to give public notice of the proposal to cancel the general plan, calling on any person who has any objection to such cancellation or who has a claim for compensation to lodge with the local planning authority in writing his objection or claim not later than such date, being not less than two months from the date that the first notice is given, as may be specified in that notice; and
(b) to send a copy of the notice to— (i) the owner of the estate; and
(ii) the local authority within whose area of jurisdiction the estate is situated if that authority is not the local planning authority; and
(iii) the Surveyor-General; and
(iv) such other persons as the Minister may direct.
(3) As soon as is practicable after the period fixed in terms of paragraph (a) of subsection (2) for the lodging of objections and claims the local planning authority shall submit to the Director all objections or claims lodged in terms of that subsection, together with its comments on such objections or claims, and the Director shall report to the Minister on the proposal to cancel the general plan and on the objections, claims and comments submitted to him in terms of this subsection. (4) After considering the report of the Director in terms of subsection (3), the Minister may—
(a) issue an order directing the Surveyor-General to cancel, subject to such conditions as the Minister may fix, the whole or a portion of the general plan:
Provided that—
(i) if any objections have been lodged in terms of subsection (2), the Minister shall not issue such order until the local planning authority has held a local inquiry into the objections and the Minister has considered the report of the investigator;
(ii) if any claims for compensation have been lodged in terms of subsection (2), the Minister shall not issue such order until he is satisfied that all such claims have been settled in accordance with Part VIII; or
(b) refuse to issue such order.
(5) The Minister shall notify the local planning authority of his decision in terms of subsection (4) and that authority shall inform all persons who have lodged an objection or claim in terms of subsection (2) of that decision.
(6) On receipt of an order in terms of subsection (4) the Surveyor-General shall cancel the general plan or portion thereof in accordance with such order and shall give notice of such cancellation in the Gazette.
(7) Section 47 of the Land Survey Act [Chapter 20:12] shall not apply to the cancellation of a general plan or portion thereof in terms of this section.
(8) In this section—
“estate” means a group of subdivisions for which a general plan has been approved by the Surveyor-General which are intended or likely to be used for residential, industrial, commercial or similar purposes; “subdivision” means any stand, plot or lot.