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Updated: 13 October 2018

29. Repeal of Laws

1. Subject to the provisions of section 31 the provisions of any law applicable to any local authority are hereby repealed in so far as they confer a power to make building regulations or by-laws regarding any matter provided for in this Act: Provided that such provisions shall be deemed not to have been repealed in respect of -


(a) any such building regulation or by-law which has not been replaced by or which is not repugnant to any national building regulation;


 (b) the area of jurisdiction, or any part thereof, of any local authority in so far as it has in terms of section 2(2) been exempted from the application of any national building regulation, irrespective of whether such area of jurisdiction or part was exempted after the commencement of such national building regulation.


2. A local authority shall within six months after the coming into operation of the National Building Regulations and Building Standards Amendment Act, 1989, submit any building regulation or bylaw referred to in paragraph (a) of subsection (1), and any standard building regulation referred to in the proviso to section 31, which is applied by the local authority by reason thereof that it is considered that the regulation or bylaw, or standard building regulation, has not lapsed by virtue of subsection (1) or section 31, as the case may be, in consolidated form in both official texts to the Minister.

[Sub-s. (2) added by s. 13 of Act 62 of 1989.]


3. The Minister shall consider a regulation or bylaw, or standard building regulation, referred to in subsection (2), in consultation with the council and taking into consideration any submissions submitted thereon by the local authority in question, in order to determine whether in his opinion and in the opinion of the council it has been replaced by or is repugnant to any national building regulation, and shall forthwith make known in writing the decision to which he and the council came to the local authority.

[Sub-s. (3) added by s. 13 of Act 62 of 1989.]


4. With effect from the date of a written notification contemplated in subsection (3) of a decision that a relevant regulation or bylaw, or standard building regulation, has been replaced by or is repugnant to any national building regulation, it shall -


(a) for the purposes of subsection (1)(a) be deemed that the law under which the relevant building regulation or bylaw was made, has been repealed in respect of a regulation or bylaw to which the said decision relates; and


(b) for the purposes of section 31 be deemed that section 14 bis of the Standards Act 1962 (Act No.33 of 1962), under which the standard building regulation was framed and published, has been replaced in respect of a standard building regulation to which the said decision relates.

[Sub-s. (4) added by s. 13 of Act 62 of 1989.]


5. A local authority shall, in the case of a notification to it in terms of subsection (3) of a decision that a relevant regulation or bylaw, or standard building regulation, has not been replaced by or is not repugnant to any national building regulation, make known the decision within a period of three months from the date of the decision by notice in the Official Gazette concerned, mentioning the full text of the regulation or bylaw, or standard building regulation, concerned, in consolidated form and the law under which it was made or framed.

[Sub-s. (5) added by s. 13 of Act 62 of 1989.]


6. If a local authority fails to comply with a provision -


(a) of subsection (2) within the period of six months contemplated therein; or


(b) of subsection (5) within the period of three months contemplated therein, the provisions of paragraph (a) or (b), as the case may be, of subsection (4) shall with effect from the date immediately following on the last day of the period of six or three months mentioned in paragraphs (a) and (b), respectively, mutatis mutandis apply in respect of the relevant regulation or bylaw, or standard building regulation.


7.

(a) The Minister may at any time, after written notice to the local authority concerned and mutatis mutandis in accordance with the provisions of subsection (3), review any decision contemplated in subsection (5).


(b) The provisions of subsection (4) shall mutatis mutandis apply in respect of a decision on review contemplated in paragraph (a), that a regulation or bylaw, or standard building regulation, concerned has been replaced by or is repugnant to a national building regulation.

[Sub-s. (7) added by s. 13 of Act 62 of 1989.]


8.

(a) A local authority which intends to make any regulation or bylaw which relates to the erection of a building, shall prior to the promulgation thereof submit a draft of the regulation or bylaw in writing and by registered post to the Minister for approval.


(b) A regulation or bylaw referred to in paragraph (a) which is promulgated without the Minister previously having approved of it shall, notwithstanding the fact that the promulgation is effected in accordance with all other legal provisions relating to the making and promulgation of the regulation or bylaw, be void.

[Sub-s. (8) added by s. 13 of Act 62 of 1989.]


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