SACN Gauteng Law Presentation

PROVINCIAL LEGISLATION ON LAND USE MANAGEMENT GAUTENG AND NORTH WEST PROVINCES Research Findings

Gauteng and North West

Purpose of Study • To provide an overview of land use/planning legislation in Gauteng and North West • To review the state of the present provincial legislation to understand land use laws and procedures in practice - Law reform processes since the advent of democracy - Institutional responsibilities - Decision making structures and processes, and - The performance of provincial and municipal laws

• To draw conclusions and see how these might influence new provincial legislation Gauteng and North West

Study Approach The approach included: – – – –

A literature review A review of the main laws Interviews with provincial and municipal officials Interviews with consultants

The focus was on: – – – – –

identifying the applicable laws Understanding what works well What does not work well What changes to provincial and national laws are needed Obtain data to assess the quantitative aspects of the system

Gauteng and North West

Gauteng Study Area

Gauteng Province

3 Metro Municipalities, 3 District Municipalities (9 Local Municipalities)

Gauteng and North West

Gauteng: Main Laws The main laws include the following: • Transvaal Ordinance, 1965 • Transvaal Ordinance, 1986, and Town Planning Schemes • Division of Land Ordinance,1986 • Gauteng Removal of Restrictions Act,1996

• Less Formal Township Establishment Act,1991 • Black Administration Act, 1927 • Development Facilitation Act, 1995 • Municipal Systems Act, 2000 • Registration of Agricultural Holdings (Transvaal) Act,1919 • Gauteng Transport Infrastructure Act, 2001 • Advertising on Roads and Ribbon Development Act, 1940

Gauteng and North West

Gauteng: Key Findings What works relatively well • The new Ordinance and the town planning scheme system • The alignment of the new Ordinance system to existing municipal and provincial structures

• The Municipal Systems Act and the related spatial development frameworks • The DFA and its innovations

Gauteng and North West

Gauteng: Key Findings What does not work well (1) •

The match with Constitutional mandates for provincial and municipal planning with the province having an executive and oversight function in respect of municipal planning.

•

The fragmented, complex, and diverse application of planning laws that is not conducive to effective land use decision making and management

•

Delays in obtaining responses and in decision making

•

The mismatch between capacity and legal requirements at provincial and municipal level

•

The legacy of historical applications and approvals in the system (eg old Ordinance applications, Physical Planning Act permissions, incomplete townships, etc)

Gauteng and North West

Gauteng: Key Findings What does not work well (2) • The dispersed information on land use matters • The decline in experienced planning staff and knowledgeable

leaders • The exclusion of traditional leaders and tribal land matters from the current dominant system • Unrealistic expectations in the spatial development frameworks • Negative consequences for investment and transfer of ownership

Gauteng and North West

Gauteng: Key Findings Numbers of applications: •

Large volumes of municipal decisions in terms of Ordinance, town planning schemes, Removal of Restrictions (eg Johannesburg 142 townships in 2010)

•

Provincial government deals with appeals (200 applications), Old Ordinance (500), Less Formal (44), Black Communities (62), DFA (40), R293, Roads and Ribbon, and certain special aspects in the new Ordinance

•

Other than DFA, processes are generally slow, taking in excess of a year to finalise

Gauteng and North West

North West Study Area

North West Province and District Municipalities

4.District Municipalities, 21 Local Municipalities,

Gauteng and North West

North West Overview of Land Use Legislation The main laws include the following: • Transvaal Ordinance, 1986, and town planning schemes • Cape Land Use Planning Ordinance,1985, and zoning schemes • Division of Land Ordinance,1986 • Removal of Restrictions Act,1967 • Physical Planning, 1967 • Development Facilitation Act, 1995 • Municipal Systems Act, 2000 • Registration of Agricultural Holdings (Transvaal) Act,1919 • Advertising on Roads and Ribbon Development Act, 1940

Gauteng and North West

North West: Key Findings What works relatively well •

New Ordinance applicable in former Transvaal

•

LUPO applicable in former Cape

•

The new Ordinance, LUPO and the town planning and zoning scheme

system •

Township Board/Planning Advisory Board

•

The alignment of the Ordinance system to existing municipal and provincial structures

•

The Municipal Systems Act and the related spatial development frameworks

•

The DFA and its innovations

Gauteng and North West

North West: Key Findings What does not work well (1) •

The match with Constitutional mandates for provincial and municipal planning with the province having an executive and oversight function in respect of municipal planning.

•

Suspension of R293 and R188 in 1998 applicable to tribal areas with leaving DFA sole formal option

•

The fragmented, complex, and diverse application of planning laws that is not conducive to effective land use decision making and management

•

The DFA Board

•

The limited capacity at the DFA Board and the Department of Local Government and Traditional Affairs (Sub Directorate of Spatial Planning and Land Use Management)

•

Extensive rural municipalities and the mismatch between capacity and legal requirements at provincial and municipal level

Gauteng and North West

North West: Key Findings What does not work well (2) •

Delays in obtaining responses and in decision making

•

The legacy of historical applications and approvals in the system (eg old Ordinance applications, Cape/Transvaal/Bophuthatswana permissions, incomplete townships, etc)

•

The dispersed information on land use matters

•

The decline in experienced planning staff and knowledgeable leaders

•

The exclusion of traditional leaders and tribal land matters from the current dominant system

•

Unrealistic expectations in the spatial development frameworks

•

Negative consequences for investment and transfer of ownership

Gauteng and North West

North West: Key Findings Numbers of applications • Fairly large volumes of municipal decisions in terms of Ordinances and town planning schemes (eg Tlokwe 16 townships and 56 rezonings in 2010) • Provincial government deals with appeals (18), Old Ordinance (unknown), Townships (9), DFA (9), Physical Planning Act (11).

• Processes are generally slow, taking in excess of a year to finalise

Gauteng and North West

Revision to Provincial Legislation Recent Law Reforms Gauteng •

New Gauteng Laws (ROR and Infrastructure Act)

•

Gauteng Planning and Development Act 2003

•

Alignment of Town Planning Schemes by Municipalities

•

Municipal Systems Act 2000

•

Gauteng Planning and Development Bill 2011 and Land Use Management Regulations

North West •

North West Land Use Management Bill and Land Use Management Regulations

•

Alignment of Town Planning Schemes by Municipalities

Gauteng and North West

Matters Pertinent New Provincial Laws

• Clarification of Roles and Functions of Different Spheres of Government • Define Provincial Planning Functions – – – – – –

Coordination Standards Alignment Custodian of Information Monitoring of Change Appeal Function

• Audit of Existing Information and Institutional Capacity

• Comprehensive Revision and Alignment of Laws Guided by National Framework Law • Repeal of Non-aligned Laws • Phased Upgrading of Laws Without Compromising System

Gauteng and North West