APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)

This document is a formal response from a land development applicant, submitted by Peter Dacomb of The Practice Group, to the Dr Pixley Ka Isaka Seme Local Municipality. The response addresses various objections and letters of support regarding an application to change the land use of Portion 1 of the farm Yzermyn 96 HT from agricultural to mining and related purposes under the Spatial Planning and Land Use Management Act, 2013 (SPLUMA) and the 2016 Municipal By-law.

• The applicant argues that the subject property, Portion 1 of the farm Yzermyn 96 HT, is currently agricultural de facto and is not within an existing town planning or land use scheme. The application seeks to incorporate the property into the local town planning scheme and allocate zoning for "mining and related purposes".
• The applicant contends that environmental and water-related objections, including those from WWWF South Africa and the Centre for Environmental Rights (CER), are directed at the wrong forum. They state that authorisations under the Mineral and Petroleum Resources Development Act, 2002 (MPRDA), the National Water Act, 1998, and other environmental legislation have already been granted by the appropriate authorities.
• The applicant denies that the property is located within a protected area or its buffer zone, specifically referencing the Mabola Protected Environment. They assert that the property falls outside the boundaries of any proclaimed protected area and that the Department of Mineral Resources has already granted the mining right.
• The applicant rejects claims of inadequate public participation and illegal notification processes. They state that the notification period exceeded the by-law requirements and that the municipality was consulted on the notification procedures prior to submission.
• The applicant disputes the claim that the land use change affects the "national interest" under Section 52 of SPLUMA, arguing that the change of use for a single property does not fall within the exclusive functional area of the national government nor affect strategic national policy objectives.
• The document lists 105 letters of support for the land development application, including submissions from individuals and organizations such as "THE VOICE", ANC (Gert Sibande Region), and "BETTER LIFE FOR ALL".

APA

Centre for Environmental Rights (2018). APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA). https://cer.org.za/wp-content/uploads/2019/07/Annexure-C.pdf?x21779

Chicago

Centre for Environmental Rights. APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA). 2018. https://cer.org.za/wp-content/uploads/2019/07/Annexure-C.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA) |date=27 June 2018 |url=https://cer.org.za/wp-content/uploads/2019/07/Annexure-C.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018application, author = {{Centre for Environmental Rights}}, title = {{APPLICATION TO CHANGE USE OF LAND: SPLUM BY-LAW, 2016 READ TOGETHER WITH SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (SPLUMA)}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = jun, url = {https://cer.org.za/wp-content/uploads/2019/07/Annexure-C.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }