3.1 Identify Outstanding Tasks / Actions
By whom and what budget is required to satisfy outstanding conditions of the SPLUMA and NEMA RoDs
The Land and Development Rights Audit (the ‘Audit’).
The Audit will have fully identified the conditions that must be fully complied with prior to the SPLUMA Section 53 Proclamation Certificate (the ‘Proclamation Certificate’) being issued. The assumption is made that a SPLUMA Approval/Consent has been obtained.
The Audit will also have identified whether the SPLUMA and/or NEMA RoDs require to be amended.
Whilst the professional land Surveyor and conveyancer would have in confirmed what interventions, if any, may be required by the Municipality and/or Organ of State under step 2, it is the Development Project Manager(s) that must give effect to the RoDs.
The focus of this step is to deal with any RoD conditions that have been identified as ‘not yet’ complied with.
These must be budgeted for and urgently given effect to.
Once all SPLUMA Approval/Consent (this includes an amended approval/consent) conditions have been satisfied the process to obtain the SPLUMA Section 53 Proclamation Certificate may commence as per step 4.
What is the Relevance of the NEMA RoD?
Whilst the Land Assembly and Township Proclamation is informed by the SPLUMA RoD, the NEMA RoD determines the conditions under which all activities that will give rise to the Township Development are subject to.
The individual certificates that the Municipality and/or other Organs of State will be required to issue in relation to each infrastructure service will only be issued by the Municipality and/or Organ of the State if satisfactory proof is provided that the NEMA RoD has been fully complied with.
The Development Programme:
Under the earlier STEPS a Project Plan is recommended to be compiled which identifies ‘Critical Milestones and Tasks’.
This Project Plan will play a material role at this point in the eventual procurement of the Proclamation Certificate.
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