Chapter 29:15
URBAN COUNCILS ACT
(3) Before exercising any power or authority in terms of subsection (1) or (2), the council
shall submit the proposal to exercise such power and authority to the Minister for his approval
in terms of this section.
(4) Where a proposal referred to in subsection (3) relates to an area for which there is no
approved town planning scheme, the council shall—
(a) before it submits its proposal to the Minister, give notice in two issues of a newspaper—
(i) of the details of the proposal; and
(ii) of the place where such details of the proposal may be inspected; and
(iii) giving such further information considered by the council to be relevant to the
proposal; and
(iv) stating that objections to the proposal may be submitted in writing to the town clerk
within such period, being not less than twenty-one days after the date of the last
publication of the notice in the newspaper, as may be stated in the notice; and
(b) after the expiry of the period referred to in subparagraph (iv) of paragraph (a), submit
with its proposal to the Minister a copy of the notice given and of any objection submitted
in terms of the said subparagraph (iv) together with any comments of the council thereon.
(5) After consideration of a proposal referred to in subsection (3) and any objection thereto
submitted in terms of subparagraph (iv) of paragraph (a) of subsection (4), the Minister may—
(a) refuse to approve the proposal or approve the proposal in whole or in part subject to such
directions or terms and conditions as he may think fit to
give or impose,
as the case may be, either at the time of approval or subsequently;
(b) without derogation from the generality of paragraph (a), exercise all or any of the
following powers either at the time of approval of the proposal or subsequently—
(i) authorize or direct the council concerned to make by-laws for the whole or any part
of the area to which the proposal relates for all or any of the matters specified in
subsection (2) of section two hundred and thirty-five, as though any reference therein
to the State included a reference to the council and in that event subsections (3), (7)
and (8) of that section and sections two hundred and twenty-seven and two hundred
and twenty-eight shall apply, mutatis mutandis, in relation to the making of such bylaws;
(ii) require that any land in the area to which the proposal relates shall be reserved for
the purposes of a police station or school and any land so reserved shall, upon the
request of the Minister and at the cost of the council, be transferred to the President
and the council shall not be entitled to any payment or compensation for any land so
transferred but shall be entitled to recover the costs incurred by the council in
surveying such land:
Provided that subsection (8) and, where applicable, the provisos to subsection (7),
of section one hundred and fifty-two shall apply, mutatis mutandis, in relation to any
land acquired in terms of this subsection by the State;
(iii) authorize the council to—
A. sell in accordance with section one hundred and fifty-two buildings upon
security of a first mortgage over each property;
B. lend money for the construction of buildings and the acquisition of land therefor;
C. guarantee loans from building societies registered in terms of the Building
Societies Act [Chapter 24:02] for the construction of buildings, not exceeding
ninety per centum in each case of the estimated value of the land and the
buildings to be built thereon;
in accordance with the proposal;
(iv) direct the council to apply section three hundred and one to the area to which the
proposal relates, in which case—
A. any reference in that section to a local government area shall be construed as
including a reference to the area to which the proposal relates; and
B. the housing account required to be kept in terms of that section shall be called by
such name as the Minister may direct;
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