(4) (a) Notwithstanding the applicable provisions of subsection (1) or (2) either the Administrator or, if authorised thereto by the provisions of a structure plan, a council substitute for a zoning scheme or part thereof one in terms of which land is not necessarily zoned in accordance with the utilisation thereof. (b) Use rights originating by virtue of the provisions of paragraph (a), which at the expiry of a period of five years after so originating have not been exercised, shall lapse at such expiry and thereupon the council concerned shall amend the zoning map concerned accordingly. (c) Before substitution of a zoning scheme under paragraph (a), the provisions of section 17 shall apply mutatis mutandis in relation to any zoning in terms of the proposed substitution scheme which differs from an existing zoning. (d) Subject to the applicable provisions of section 7 or subsection (2) of this section, land in respect of which the zoning has lapsed in terms of paragraph (b) of this subsection, shall be deemed to be zoned in accordance with the utilisation thereof as determined by the council concerned. (5) Subject to the applicable provisions of section 7 or subsection (2), (4) (a) or (4) (b) of this section, any use right shall lapse if not exercised for an uninterrupted period of two years and the land concerned shall be deemed to be zoned in accordance with the utilisation thereof as determined by the council concerned. (6) Where the lawful utilisation of land—

(a) at the commencement of this Ordinance does not comply with the zoning of the land concerned by virtue of the provisions of section 7;

(b) at the inclusion of the land concerned in a substitution scheme under subsection (4) does not comply with the zoning of that land in terms of the said subsection (4), or

(c) at the granting of a rezoning in terms of section 16 does not comply with the zoning of the land concerned in terms of that section,

such utilisation shall be deemed not to constitute an offence within the meaning of section 46.

[Sub-s. (6) amended by Proc. 100 of 1987.]

(7) Notwithstanding the applicable provisions of sections 16 (2) (b) and 40 (4) (c) and of subsections (1), (2), (4) (d) and (5) of this section and subject to the provisions of subsection (6) of this section, land being utilised in conflict with the use right thereof shall be deemed to have the lawful use right thereof; provided that where the lawful use right cannot be determined, a use right shall be granted to the land concerned by way of rezoning in terms of section 16 or 18. (8) Notwithstanding the applicable provisions of this section but subject to any rezoning concerned, no right granted to erect one dwelling-house on a land unit or to utilise a land unit for the occupation of one dwelling-house shall lapse. 15. Applications for Applications for departure.—(1) (a) An owner of land may apply in writing to the town clerk or secretary concerned, as the case may be—

(i) for an alteration of the land use restrictions applicable to a particular zone in terms of the scheme regulations concerned, or

(ii) to utilise land on a temporary basis for a purpose for which no provision has been made in the said regulations in respect of a particular zone.

(b) Either the Administrator or, if authorised thereto by scheme regulations, a council may grant or refuse an application referred to in paragraph (a). (c) Either the Administrator or the council concerned, as the case may be, may, when granting an application for a departure in terms of paragraph (b) of this subsection for the