Final Adopted IDP - KZN Development Planning

(b)
(c)
binds the municipality in the exercise of its executive authority, except to the
extent of any inconsistency between a municipality‟s integrated development plan
and national or provincial legislation, in which case such legislation prevails; and
binds all other persons to the extent that those parts of the integrated
development plan that impose duties or affect the rights of those persons have
been passed as a by-law.
The Municipal Structures Act, Act 117 of 1998, as amended
The Municipal Structures Act forms part of the suite of legislation promulgated prior to
the local government elections held in 2000 which ushered in the transformation of local
government in South Africa. The Structures Act provided for the establishment of
municipalities that covered the entire surface area of the Republic; and stipulated the
joint responsibility of district municipalities and the local municipalities that comprise
their area of jurisdiction, to ensure rendering of services to communities within those
municipalities.
The National Environmental Management Act, Act 107 of 1998
Chapter 1 of the National Environmental Management Act, Act 107 of 1998, (NEMA)
sets out the principles for environmental management at a national level. Section 2(3) of
NEMA stipulates that all development must be socially, environmentally and economically
sustainable. Section 2(4)(a) of the Act requires that sustainable development consider
all of the relevant factors including:
(i) that the disturbance of ecosystems and the loss of biological diversity are avoided
or, where they cannot be altogether avoided, are minimised and remedied;
(ii) that pollution and degradation of the environment are avoided or, where they
cannot be altogether avoided, are minimised and remedied;
(iii) that the disturbance of landscapes and sites that constitute the nation‟s cultural
heritage is avoided or, where it cannot be altogether avoided, is minimised and
remedied;
(iv) that waste is avoided, or where it cannot altogether be avoided, minimised and reused
or recycled where possible and otherwise disposed of in a responsible
manner;
(v) that the use and exploitation of non-renewable natural resources is responsible
and equitable, and takes into account the consequences of the depletion of the
resource;
(vi) that the development use and exploitation of renewable resources and the
ecosystems of which they are part do not exceed the level beyond which their
integrity is jeopardized;
(vii) that a risk-averse and cautious approach is applied, which takes into account the
limits of current knowledge about the consequences of decisions and actions; and
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