Town Planning Ordinance, 1954 (Ordinance 18 of 1954)
Official Gazette no. 1846
This legislation was repealed on 2020-09-03 by
Urban and Regional Planning Act, 2018 (Act 5 of 2018).

Town Planning Ordinance, 1954
Ordinance 18 of 1954
- Published in Official Gazette no. 1846 on 7 July 1954
- Assented to on 21 June 1954
- Commenced on 1 October 1960 by Proclamation 66 of 1960
- [Up to date as at 6 November 2020]
- [Amended by Town Planning Amendment Ordinance, 1968 (Ordinance 13 of 1968) on 1 October 1960]
- [Amended by Town Planning Amendment Ordinance, 1970 (Ordinance 13 of 1970) on 8 July 1970]
- [Amended by Town Planning Amendment Ordinance, 1973 (Ordinance 11 of 1973) on 3 July 1973]
- [Amended by Town Planning Further Amendment Ordinance, 1973 (Ordinance 23 of 1973) on 28 November 1973]
- [Amended by Town Planning Amendment Ordinance, 1977 (Ordinance 10 of 1977) on 8 June 1977]
- [Amended by Town Planning Amendment Ordinance, 1979 (Ordinance 5 of 1979) on 27 March 1979]
- [Amended by Town Planning Amendment Act, 1993 (Act 27 of 1993) on 16 December 1993]
- [Amended by Town Planning Amendment Act, 2000 (Act 15 of 2000) on 19 July 2000]
- [Repealed by Urban and Regional Planning Act, 2018 (Act 5 of 2018) on 3 September 2020]
Ord. 11 of 1973 makes the following substitution throughout the Ordinance: * “Executive Committee” for “Administrator”.
Act 27 of 1993 makes the following substitutions throughout the Ordinance: * “Minister” for “Executive Committee”; * “Parliament” for “Legislative Assembly”; * “Namibia” for “the Territory”; and* “State Revenue Fund” for “Territory Revenue Fund”; and directs that the word “Official” be deleted from theexpression “Official Gazette” wherever it occurs.]
1.
The intent or purpose of this Ordinance shall be:-2.
In this Ordinance, unless the context otherwise indicates:-“board” means the Namibia Planning Advisory Board referred to in section 9;[definition of “board” inserted by Act 27 of 1993]“building”, without in any way limiting the ordinary meaning of the word, includes -(a)any structure, whether it be of a permanent or temporary nature, erected or used for the housing or accommodation of human beings or for the storage, manufacture or sale of goods or materials or for the destruction or treatment of refuse or other waste materials;(b)a wall, swimming pool, swimming bath, reservoir, tower, bridge, chimney, mast, summer-house and hot-house and any structure appertaining thereto or erected or used in connection therewith;(c)any boundary fence or boundary wall;(d)any projection from a building;[definition of “building” inserted by Ord. 11 of 1973]“Deeds Registry”, in relation to land situated in the district of Rehoboth, means the deeds registry established by section 2 of the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976) and, in relation to any other land, the deeds registry of Windhoek referred to in section 1 of the Deeds Registries Act, 1937 (Act No. 47 of 1937);[definition of “Deeds Registry” inserted by Act 15 of 2000][definition of “Executive Committee” inserted by Ord. 11 of 1973 and deleted by Act 27 of 1993]“local authority” means a municipal council, town council or village council as defined in section 1 of the Local Authorities Act, 1992 (Act No. 23 of 1992) or a regional council as defined in section 1 of the Regional Councils Act, 1992 (Act No. 22 of 1992);[definition of “local authority” substituted by Ord. 11 of 1973, Act 27 of 1993 and Act 15 of 2000]“local authority area” means -(a)in relation to a municipal council, town council or village council the area declared under section 3 of the Local Authorities Act, 1992 (Act No. 23 of 1992) to be a municipality, town or village, as the case may be, or deemed to be so declared;(b)in relation to a regional council, the area declared under section 31 of the Regional Council Act, 1992 (Act No. 22 of 1992) to be a settlement area and in respect of which the provisions of this Ordinance apply pursuant to section 4(1);[The definition of “local authority area” is substituted by Act 15 of 2000. The correct name of Act 22 of 1992 is the “Regional Councils Act” (with “Councils” being plural).]“public place” means any street (as defined in this section), square, recreation ground, garden, park or enclosed space which being situate in a local authority area, the local authority is vested with the ownership, control or management thereof by law, or deed of title, for the use and benefit of the public, or which the public has or acquires the right to use;“Minister” means the of Regional and Local Government and Housing;[definition of “Minister” inserted by Act 27 of 1993 and substituted by Act 15 of 2000]“Registrar of Deeds” means the registrar of deeds responsible for the deeds registry referred to in the Deeds Registries Act, 1937 (Act No. 47 of 1937), or the registrar of deeds responsible for the deeds registry referred to in the Registration of Deeds in Rehoboth Act, 1976 (Act No. 93 of 1976);[definition of “Registrar of Deeds” inserted by Act 15 of 2000]“survey” means the collection, correlation, study and presentation of data on past and existing conditions in the area of a local authority or in any other area, and in particular with regard to the subjects mentioned in the First Schedule hereto;[definition of “survey” amended by Ord. 13 of 1970]“street” means any street, road, thoroughfare, foot pavement, footpath, sidewalk and lane and includes any bridge, subway, drain, canal, culvert or the like in or under a street;“town planning scheme” or “scheme” means a planning scheme, including a regional planningscheme, operative, approved, prepared or in the course of preparation in accordance with the provisions of this Ordinance, and includes a scheme supplementing, varying or revoking an approved scheme, and the map illustrating the scheme.[definition of “‘town planning scheme’ or ‘scheme’” amended by Ord. 13 of 1970]3.
4.
5.
Every local authority to which the provisions of this Ordinance have been applied by section 3shall within a period of one year from the commencement of this Ordinance or within such further period or periods as the Minister may in his or her discretion allow, prepare and submit to the Minister, in such form as may be prescribed, a town-planning scheme, hereafter referred to as a scheme, in respect of all the land situated within the local authority area or such portion thereof as the Minister may decide and, with the consent of the Minister, specified land outside the boundaries of such local authority area.[section 5 amended by Act 27 of 1993]6.
Every local authority to which the provisions of this Ordinance have been applied in terms of sub-section (1) of section 4shall within a period of three years from the date of the notice applying such provisions or within such further period as the Minister may in his or her discretion allow, prepare and submit to the Minister a scheme in respect of all the land situate within the local authority area or such portion thereof as the Minister may decide and, with the consent of the Minister, specified land outside the boundaries of such local authority area.[section 6 amended by Act 27 of 1993]7.
8.
9.
“The change of name effected by the amendment under subsection (1)(a) [of Act 27 of 1993, which amends subsection (1)] shall not affect the rights, obligations and liabilities of the body corporate referred to in section 9 of the Ordinance, and any reference in any law, register, title deed or other document to the South West African Planning Advisory Board shall be construed as a reference to the Namibia Planning Advisory Board.”]
“Any person who, at the commencement of this Act [Act 27 of 1993], holds office as a member of the board referred to in section 9 of the Ordinance [Ord. 18 of 1954] by virtue of his or her appointment under subsection (1) of that section before the amendment of that provision by this Act [Act 27 of 1993], shall be deemed to have been appointed under subsection (1A) of that section as inserted by this Act [Act 27 of 1993].”]
10.
The members of the board, other than those who are public servants or in the employ of the Administration, shall be entitled to such remuneration as the Minister may from time to time determine.11.
[section 11 amended by Ord. 13 of 1970 and deleted by Act 27 of 1993]12.
“4. Section 12 (2) of the principal Ordinance is hereby amended -
***
(c) by the substitution in paragraph (h) -
(i) for the word ‘duties’ of the word ‘functions’;
(ii) for the word ‘Ordinance.’ of the following words:-
‘Ordinance:
Provided that such powers shall only be exercised and such functions shall only be performed if the Administrator so directs.’.”]