28 OF 1993: TOWN AND REGIONAL PLANNERS AMENDMENT ACT, 1993 GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Town and Regional Planners Act, 1984, so as to provide for the registration of town and regional planning technicians; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 11 March 1993.
Amendment of section 1 of Act 19 of 1984, as amended by section 1 of Act 48 of 1987 and section 1 of Act 20 of 1988 1.
'town and regional planning technicians' institute' means any association of town and regional planning technicians recognized as a town and regional planning technicians' institute under section 9(1) (u).
Amendment of section 3 of Act 19 of 1984 2.
"(d) one town and regional planning technician selected by the Minister from a list of the names of at least two town and regional planning technicians nominated by town and regional planning technicians' institutes."
"(2) To enable the Minister to appoint members of the council under paragraphs (a), and (b) and (d) of subsection (1), he shall by notice in writing request all town and regional planners' institutes, and the Committee of University Principals and all town and regional planning technicians' institutes to submit a list of the names of a specified number of persons in accordance with the said paragraphs, and if no such list or a list containing insufficient names is submitted to the Minister within a period (of not less than 21 days) determined in the said notice for the submission of such a list of names, the Minister may appoint any suitable person or persons as a member or as members of the council instead of the person or persons he would have appointed if the said institutes or Committee had not failed to submit such a list of names or a list with sufficient names.".
Amendment of section 5 of Act 19 of 1984 3.
(h) was appointed under section 3(1)(d) and he ceases to be a town and regional planning technician.
Amendment of section 9 of Act 19 of 1984 4.
"(l) arrange with a registered insurer as defined in section 1(1) of the Insurance Act, 1943 (Act No.
"(2) Subject to the provisions of this Act, the council shall keep and maintain a register of town and regional planners, and town and regional planners in training and town and regional planning technicians, and such register shall at all reasonable times be open to inspection by any member of the public upon payment of the prescribed fees.".
Substitution of section 10 of Act 19 of 1984, as amended by section 2 of Act 48 of 1987 and section 2 of Act 20 of 1988 5.
The Minister may at the request of the council and with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), by notice in the Gazette prescribe kinds of work in connection with town and regional planning which shall be reserved for town and regional planners, and town and regional planners in training and town and regional planning technicians, and may in like manner amend or withdraw any reservation so made.
Provided that if the Minister thereafter decides on any alteration in the provision published as aforesaid, as a result of any objections or representations submitted in respect thereof, it shall not be necessary to publish such alteration before finally making the provision in terms of this section.
In making provision in terms of this section, work performed in specified circumstances or for specified purposes or by or for specified persons or classes of persons or within or outside specified areas or classes of areas, may be excluded from the provisions thereof.
Substitution of section 12 of Act 19 of 1984 6.
The council shall in each year, within six months after the close of its financial year, submit to the Minister a report in connection with its functions during that financial year, together with a copy of the audited statement of income and expenditure and the balance sheet referred to in section 11(3) in respect of that financial year, as well as a list of town and regional planners, and town and regional planners in training and town and regional planning technicians whose names appeared in the register on the last day of that financial year, and shall send to every town and regional planner, and town and regional planner in training and town and regional planning technician whose name so appeared in the register a copy of each of the said documents.
Amendment of section 15 of Act 19 of 1984 7.
"(d) one person nominated by the council of every technikon in the Republic having a department or subdivision thereof of town or regional planning and who shall be a member of the teaching staff at such technikon.".
Amendment of section 16 of Act 19 of 1984 8.
"(g) was appointed under section 15(1)(d) and he ceases to be a member of the teaching staff at a technikon in the Republic.".
Section 20 of the principal Act is hereby amended by the substitution in paragraph (a) of subsection (4) for the expression "R200" of the expression "R2 000".
21A. (1) Any person who desires to be registered as a town and regional planning technician shall lodge with the council, in the manner prescribed by it, an application in writing for such registration, and such application shall be accompanied by the prescribed registration fee and such information as may be required by the council.
is a member of any town and regional planning technicians' institute or any town and regional planners' institute, unless the council is of the opinion that he has, without any sound reason been refused membership of any such institute; and with due regard to the provisions of this Act, is a suitable person for registration as a town and regional planning technician, the council shall, subject to the provisions of subsection (4), register the applicant as a town and regional planning technician, and cause any such person's name to be entered in the register and a certificate of registration in the prescribed form to be issued to him.
has passed the examinations referred to in subsection (2)(b); or had been engaged in the performance of work in town and regional planning for a period of not less than three years which in the opinion of the council is of a satisfactory nature, may, within 12 months from the commencement of the Town and Regional Planners Amendment Act, 1993, or such further period as the council may allow, lodge with the council in the manner prescribed by it an application in writing for registration as a town and regional planning technician, and the council shall, subject to the provisions of subsection (4), and upon such information as the council may require being furnished and upon payment of the prescribed fees, register as a town and regional planning technician any such person who in its opinion complies with the requirements of subsection (2)(e), and shall cause his name to be entered in the register and a certificate of registration in the prescribed form to be issued to him.
if such person is according to law detained as a mentally ill person; or if the name of such person has been removed from the register by virtue of any punishment imposed upon him under this Act.
fails to pay any annual fee or a portion thereof prescribed under section 9(1)(f) and payable by him, within 60 days after such fee or portion thereof becomes payable or within such further period as the council may, either before or after the expiration of the said 60 days, in any particular case allow.
The council shall at the written request of any town and regional planning technician remove his name from the register: Provided that where an inquiry into alleged improper conduct by such a town and regional planning technician is in progress or to be held, such removal shall not be made until that inquiry has been concluded.
Subject to the provisions of subsection (4), the council shall on application to it register as a town and regional planning technician any person who was previously registered as a town and regional planning technician in terms of this section and whose registration has been withdrawn in terms of subsection (5)(c), if he has paid the prescribed registration fee and any arrear annual fee or portion thereof prescribed under section 9(1)(f), together with any expenses incurred by the council in connection with the recovery of any arrear fees.
A person who is registered as a town and regional planning technician may describe himself as a town and regional planning technician and shall be entitled to indicate his status or to make it known by using for all purposes the title TRPT (SA) after his name.
Amendment of section 22 of Act 19 of 1984 11.
"(1) A person whose registration as a town and regional planner, or town and regional planner in training or town and regional planning technician has been withdrawn under the provisions of this Act or whose name has under the said provisions been removed from the register, shall return his certificate of registration to the registrar within 30 days from the date upon which he is ordered by the registrar by notice in writing transmitted by post to do so, unless he satisfies the registrar that the certificate has been lost or destroyed, if such is the case, or he is again registered under section 20(7) or 21A(7), as the case may be.".
Amendment of section 23 of Act 19 of 1984, as amended by section 4 of Act 20 of 1988 12.
for reward performs any kind of work reserved for town and regional planners, or town and regional planners in training or town and regional planning technicians under section 10(1); or pretends to be or by any means whatsoever holds himself out or allows himself to be held out as a town and regional planner, or town and regional planner in training or town and regional planning technician or uses the name of a town and regional planner, or town and regional planner in trainingor town and regional planning technician or uses any name, title, description or symbol indicating or calculated to lead persons to infer that he is registered as a town and regional planner, or town and regional planner in training or town and regional planning technician in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000.
of this Act.
Substitution of section 24 of Act 19 of 1984 13.
Amendment of section 25 of Act 19 of 1984 14.
Provided that in the case of alleged improper conduct which forms or which the council has reason to believe is likely to form the subject of criminal or civil proceedings in a court of law, the council may postpone the inquiry until such proceedings have been determined.
(3) The acquittal or the conviction of a town and regional planner, or town and regional planner in training or town and regional planning technician by a court of law upon a criminal charge shall not be a bar to proceedings against him under this Act on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge.
If the improper conduct with which the town and regional planner, or town and regional planner in training or town and regional planning technician is charged amounts to an offence of which he has been convicted by a court of law, a certified copy of the record of his trial and conviction by that court shall, upon the identification of such town and regional planner, or town and regional planner in training or town and regional planning technician as the person referred to in the record, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that it shall be competent for the town and regional planner, or town and regional planner in training or town and regional planning technician charged to adduce evidence that he was in feet wrongly convicted.
Substitution of section 27 of Act 19 of 1984 15.
When it appears to the council from information on oath that any town and regional planner, or town and regional planner in training or town and regional planning technician has become mentally ill to such an extent that it would be contrary to the public interest to allow him to continue to perform work in town and regional planning, the council may in its discretion hold an inquiry mutatis mutandis in accordance with the provisions of section 26 in respect of such town and regional planner, or town and regional planner in training or town and regional planning technician.
If the council finds that such town and regional planner, or town and regional planner in training or town and regional planning technician has so become mentally ill, the council may order for a specified period his suspension from his functions as a town and regional planner, or town and regional planner in training or town and regional planning technician, as the case may be.
The council may extend for any period determined by it the period of operation of, or withdraw, any order made under this section.
Amendment of section 28 of Act 19 of 1984, as amended by section 3 of Act 48 of 1987 16.
"(g) prescribing, subject to the provisions of subsection (2), the tariff of fees to which a town and regional planner or town and regional planning technician shall be entitled for services rendered by him in that capacity, in the absence of an agreement between such town and regional planner or town and regional planning technician and a particular client in terms of which he shall be entitled in respect of such services to fees according to any other tariff;".
Amendment of section 31 of Act 19 of 1984 17.
"Any person who feels aggrieved by a refusal by the council to register him as a town and regional planner, or town and regional planner in training or town and regional planning technician, as the case may be, in terms of the provisions of this Act, or by a decision made by the council in the exercise of the council's powers under section 25 or 27, may at any time after he became aware of that refusal or decision, but not later than-".
Amendment of section 34 of Act 19 of 1984 18.
"(b) the provisions of this Act shall apply mutatis mutandis in the said territory in respect of the registration of any person as a professional town and regional planner, or town and regional planner in training or town and regional planning technician.".
Substitution of long title of Act 19 of 1984 19.
To provide for the establishment of a South African Council for Town and Regional Planners, for the registration of town and regional planners, and town and regional planners in training and town and regional planning technicians and for matters connected therewith.