OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016

The Centre for Environmental Rights (CER) submitted a response on 16 July 2018 to the Dr Pixley Ka Isaka Seme Local Municipality, reiterating objections to a land-use change application for a proposed mine. The CER argues that the subject property is a high-priority conservation area and that the Municipality has the legal authority and obligation under the Spatial Planning and Land Use Management Act (SPLUMA) to consider environmental and water impacts, despite claims to the contrary by the applicant's agent.

• The subject property of the land-use change application is identified as a high-priority conservation and ecological area across multiple planning documents: it is an "Ecological Support Area: protected area buffer zone" in the Mpumalanga Biodiversity Sector Plan-2014 (MBSP), a "sensitive natural area" in the Spatial Development Framework (SDF), a "Zone 1: Conservation" Environmental Management Zone in the Environmental Management Framework (EMF), a priority area for the National Protected Area Expansion Strategy (NPAES), a priority river and wetland ecosystem in the National Freshwater Ecosystem Priority Areas (NFEPA), and a Strategic Water Source Area.
• The CER disputes the assertion by the applicant's agent, Mr Dacomb, that environmental and water impacts are outside the "ambit of authorisation" for the Municipality. The CER argues that SPLUMA's preamble requires the integration of "social, economic and environmental considerations" in land use management to ensure sustainable development for present and future generations.
• The CER cites High Court decisions in Le Sueur v Ethekwini Municipality and Nel v Hessequa Local Municipality to support the claim that the municipal sphere of government is competent to regulate environmental functions, noting that the Municipality's own SDF and EMF regulate water and environmental considerations.
• The CER contends that section 52 of SPLUMA applies to the application because it affects the national interest. Referencing the Constitutional Court decision in Maccsand v City of Cape Town, the CER argues that different spheres of government must cooperate and coordinate actions when powers overlap, rather than operating in "hermetically sealed compartments".

APA

Centre for Environmental Rights (2018). OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. https://cer.org.za/wp-content/uploads/2019/07/Annexure-D.pdf?x21779

Chicago

Centre for Environmental Rights. OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016. 2018. https://cer.org.za/wp-content/uploads/2019/07/Annexure-D.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016 |date=16 July 2018 |url=https://cer.org.za/wp-content/uploads/2019/07/Annexure-D.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018objection, author = {{Centre for Environmental Rights}}, title = {{OBJECTION TO APPLICATION IN TERMS OF REGULATION 18(1)(b) OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT REGULATIONS: LAND USE MANAGEMENT AND GENERAL MATTERS, 2015 READ WITH SECTION 98 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT BY-LAW FOR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, 2016}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = jul, url = {https://cer.org.za/wp-content/uploads/2019/07/Annexure-D.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }