Planning Profession Act, 2002 (Act No. 36 of 2002)Chapter 7 : General30. Regulations and rules |
(1)
| (a) | The Minister may, by notice in the Gazette, make regulations, not inconsistent with this Act, with regard to— |
| (i) | any matter that he or she is required or permitted to prescribe in terms of this Act; |
| (ii) | generally all matters necessary for or incidental to the exercise of the powers and the performance of the functions of the Council; and |
| (iii) | any other matter for the better execution of this Act. |
| (b) | The Minister must, before making any regulation under subsection (1), publish a draft of the proposed regulation, repeal or amendment in the Gazette together with a notice calling on interested persons or voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice. |
| (c) | If the Minister alters the draft regulations as a result of any comment, he or she needs not publish those alterations before making the regulations. |
| (2) | The Council may, by notice in the Gazette, make rules not inconsistent with this Act, with regard to— |
| (a) | any matter it is required or permitted to prescribe in terms of this Act; |
| (b) | the form of process and the procedure at or in connection with the proceedings of a disciplinary tribunal or the Appeal Board; |
| (c) | the representation of any party before the Appeal Board; |
| (d) | generally all matters necessary for or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board; and |
| (e) | the fees payable in respect of the lodging of an appeal under this Act and the copying or transcription of records of a disciplinary tribunal or Appeal Board. |
(3)
| (a) | Before the Council makes, repeals or amends any rule under this section, it must publish a draft of the proposed rule, repeal or amendment in the Gazette together with a notice calling on interested persons and voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice. |
| (b) | If the Council alters the draft rules as a result of any comment, it needs not publish those alterations before making the rule. |
| (4) | The Council may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (3): Provided that any person who objects to the said rule may— |
| (a) | comment after such publication; or |
| (b) | appeal to the Appeal Board against such a rule. |