11. General purpose of zoning General purpose of zoning scheme.—The general purpose of a zoning scheme shall be to determine use rights and to provide for control over use rights and over the utilisation of land in the area of jurisdiction of a local authority. 12. Register.—(1) From the date of commencement of this Ordinance a local authority shall keep and maintain a register. (2) The register shall form part of the zoning scheme of the local authority concerned. (3) Where a zoning map has been prepared in respect of land, any land unit in respect of which departures are contained in the register concerned shall be shown in such manner as to be distinguishable. 13. Conflict of Conflict of laws.—(1) When any provision of a zoning scheme is in conflict with another ordinance or by-laws or regulations made thereunder, the said provision shall, subject to the provisions of subsection (2), prevail. (2) The provisions of any other ordinance, in so far as they relate to the determination of the boundaries and widths of and to the erection of structures within a specified distance of the boundaries or centre line of roads, shall have preference above the provisions of a zoning scheme except in so far as such a zoning scheme—

(a) provides for a road a width greater than that determined by or in terms of such other ordinance, or

(b) requires structures to be at a distance from the boundary or centre line of a road greater than that determined by or in terms of such other ordinance.

14. Use Use rights.—(1) With effect from the date of commencement of this Ordinance all land referred to in section 8 shall be deemed to be zoned in accordance with the utilisation thereof, as determined by the council concerned. (2) (a) If any use right in respect of land to which the applicable provisions of section 7 apply is not exercised before 1 July 2013, the land concerned shall, subject to the provisions of paragraph (b) of this subsection, be deemed to be zoned in accordance with the utilisation thereof, as determined by the council concerned, and any applicable zoning map existing on the said date shall lapse.

[Para. (a) substituted by s. 1 of Act No. 5 of 2001, by s. 1 of Act No. 7 of 2002, by s. 1 of Act No. 6 of 2003, by s. 1 of Act No. 2 of 2004, by s. 1 of Act No. 5 of 2005, by s. 1 of Act No. 4 of 2007, by s. 2 (1) of Act No. 1 of 2009 and by s. 1 of Act No. 3 of 2011.]

(b) Subject to the provisions of paragraph (c) of this subsection an appeal committee shall, before the date mentioned in paragraph (a) of this subsection or any extended date determined by the said appeal committee in terms of this subsection, on the application of the owner concerned and if, in the opinion of the said appeal committee, the said owner has suffered or will suffer loss, extend the said date or extended date in relation to the said land concerned to such date as the appeal committee may determine; provided that such extension shall be for a period of at least 5 years.

[Para. (b) substituted by s. 1 of Act No. 7 of 2002, by s. 1 of Act No. 6 of 2003, by s. 1 of Act No. 2 of 2004, by s. 1 of Act No. 5 of 2005, by s. 1 of Act No. 4 of 2007 and by s. 2 (1) of Act No. 1 of 2009 with effect from 30 June 2007.]

(c) A decision in terms of paragraph (b) of this subsection as to whether an owner concerned has suffered or will suffer loss shall, at the insistence of the said owner, be taken as prescribed under section 35ter of the Townships Ordinance, 1934 (Ordinance 33 of 1934), as contained in Schedule II, and such matter shall for the purposes of section 48 (2) of this Ordinance be deemed not to have been disposed of. (3) When land is deemed to be zoned as contemplated by subsection (1), (2), (4) (d) or (5) of this section or section 16 (2) (b) or 40 (4) (c), the most restrictive zoning permitting of the utilisation of the land concerned either in conjunction with a departure or not, as the council concerned may determine, shall be granted.