CHAPTER 11
LIMITED DEVELOPMENT AREAS

Declaration
74. The MEC may, by notice in the Provincial Gazette –
(a) declare an area specified in the notice a limited development area under a
name allocated to it in the notice;
(b) prohibit in a limited development area any development or activity specified in the notice; or
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(c) amend or withdraw any notice issued in terms of this section.

Notice to be given
75. (1) Before an area is declared a limited development area or a notice issued in terms
of section 74 is amended or withdrawn, the MEC must –
(a) give notice in the Provincial Gazette, in at least one newspaper circulated
in the Province and by means of radio broadcasts covering the area, of the
intention to declare the area or to amend or withdraw the notice; and
(b) send a copy of the notice by registered post to the last known postal
address of every owner whose land will directly be affected by the
declaration or by the amendment or withdrawal of the notice.

(2) The notice must –
(a) invite interested persons to submit to the MEC written representations on
or objections to the proposed declaration, or amendment or withdrawal of
the notice, within 60 days from the date of publication of the notice; and
(b) contain sufficient information to enable interested persons to submit
meaningful representations or objections, and must include a clear
indication of the area that will be affected.

(3) The MEC must give due consideration to all representations or objections
received before declaring an area a limited development area.

Prohibited Acts
76. No person may in a limited development area undertake any development or perform any activity prohibited in a notice in terms of section 74(b), without the written permission of the MEC or the municipality in which the area falls, or otherwise than in accordance with the conditions on which the written permission was granted.


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Environmental Impact Reports
77. (1) Before considering an application for permission in terms of section 76, the MEC or the municipality concerned may request the applicant to submit a report concerning the impact of the proposed development or activity on the environment in the limited development area.


(2) An environmental impact report must contain, but is not limited to –
(a) a description of the proposed or any alternative development or activity;
(b) an identification of the physical environment that may be affected by the
proposed or any alternative development or activity;
(c) an estimation of the nature and extent of the impact of the proposed or any
alternative development or activity on the land, air, water, biota and other
elements or features of the natural and man-made environment;
(d) an identification of the economic and social interests that may be affected
by the proposed or any alternative development or activity;
(e) an estimation of the nature and extent of the impact of the proposed or any
alternative development or activity on social and economic interests;
(f) particulars of the design or management principles proposed to minimise
adverse environmental effects;
(g) particulars of the procedure that will be followed to substantiate the
estimations of the environmental impact –
(i) in the course of undertaking or performing the proposed or any
alternative development or activity; and
(ii) after the proposed or any alternative development or activity has
been completed;
(h) particulars of any preventative or additional actions that will be taken if
the estimations of the environmental impact are not met;
(i) any other matter that may be prescribed; and
(j) a concise summary of the salient features of the environmental impact
report.

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Compensation for loss
78. (1) If a notice issued in terms of section 74 has the effect of diminishing the value of land in a limited development area, the owner of the land may recover compensation from the MEC in respect of actual loss suffered.
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(2) The amount so recoverable must be determined by agreement between the owner and the MEC, acting with the concurrence of the Member of the Executive Council responsible for finance in the Province.

(3) In the absence of such agreement the amount must be determined by arbitration,
unless the Expropriation Act, 1975 (Act No. 63 of 1975), is applied.

(4) No compensation may be paid in terms of this section unless the person claiming
compensation applies to the MEC in the prescribed manner and on the prescribed form.

Regulations
79. The MEC may in terms of section 122 make regulations for the purposes of this
Chapter relating to –
(a) the procedure to be followed when applying for permission to undertake
development or perform activities in a Limited Development Area
declared in terms of section 74;
(b) the repair of damage to the environment caused by unauthorised
development or activities;
(c) the powers of an Environmental Compliance Officer, municipality or
government institution to direct a person contravening a provision of this
Chapter to–
(i) repair any damage to the environment which that person has
unlawfully caused; or
(ii) cease any unlawful development or activity;
(d) any other matter that may be necessary to facilitate the effective implementation of this Chapter.
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