Establishment Amendment Bill, 2006 for public information, discussion and comment.
To amend the Less Formal Township Establishment Act, 1991 so as to provide for a Premier to amend or withdraw a notice designating land for less formal settlement after commencement of settlement on the land has taken place.
representations made bv such persons, amend or withdraw a notice contemplated in subsection (I), despite the fact that settlement has commenced in terms of section 8 in respect of the land in question.
38) A person whose right or interest in or to such land is adversely affected by an amendment or withdrawal contemplated in subsection (3A).
This Act is called the Less Formal Township Establishment Amendment Act, 2006.
3 years before the Interim Constitution came into operation.
The main purpose of the Act was to fast track development of residential land which was urgently required to alleviate the housing back-log.
of the Act provides that the Administrator (now Premier) may, at any time prior to the commencement of settlement in terms of section 8, amend or withdraw a notice referred to in subsection (1).
of the Act were published more than 10 years ago and that the housing needs prevailing in the areas at the time of publishing the notices are very different from the present needs of those areas.
by the insertion of two sub clauses after the section to allow for such notices, or provisions in such notices, to be amended or withdrawn to meet the current housing needs of those areas.
The new sub clause (3A) provides that any withdrawal or amendment of a designation notice may only be done on good grounds and upon prior notice being given to persons likely to be affected and after considering any representations made by such persons.
The new sub clause (3B) affords protection to persons whose right or interest in or to the land in respect of which a designation notice is amended or withdrawn by providing that such persons are entitled to be compensated for any loss caused by such amendment or withdrawal.