ATC130213: Report of the Portfolio Committee on Rural Development and Land Reform on the Spatial Planning and Land Use Management Bill [B14B – 2012], dated 12 February 2013.
of the Portfolio Committee on Rural Development and Land Reform on the Spatial
Planning and Land Use Management Bill [B14B 2012], dated 12 February 2013.
The Portfolio Committee on
Rural Development and Land Reform, having considered the subject of the Spatial
Planning and Land Use Management Bill [B14 2012], (National Assembly
section 76 (1) referred to it and classified by the Joint Tagging Mechanism as
a section 76 (1) Bill), reports the Bill with amendments [B14B-2012].
The Committee reports the Bill further as follows:
The Spatial Planning and Land Use Management Bill
referred to the Portfolio
Committee on Rural Development and Land Reform (the Committee) on 18 June
Subsequently, the Committee invited members of the
public to make written and oral submissions on the Bill. On the 27 - 29 July
2012 the Portfolio Committee published a notice in the press inviting
submissions by no later than 10 August 2012. On 21 and 22 August 2012, the Committee
conducted public hearings in Parliament, where it heard oral presentations from
32 organizations that responded to the call for comments by members of the public.
The submissions raised, amongst others, the
constitutionality of the Bill in relation to the conceptual understanding of
the national interest and provincial powers in relation to spatial planning and
land use management.
is a national framework legislation to address the fragmented, unequal and
incoherent spatial planning and land use management systems which currently exist
on the proceedings of the public hearings, the Committee identified the
following key issues for further engagement and deliberation:
The constitutionality of the Bill.
Public participation in the preparation and
development of Spatial Development Frameworks and Land Use Schemes.
Institutions and processes for appeals.
Delineation of powers and functions (national
interest and provincial powers in relation to municipal planning)
Timeframes for consideration of development
Lack of formal consultation with the House of
The processing of the Bill involved
deliberations as well as discussions with the Department and the State Law
Advisers and reading the Bill clause by clause.
The Committee sought independent legal
opinion on the constitutionality of the Bill and Adv I Jamie was appointed by
The committee intended to
ensure that the Bill meets the highest standards of quality expected by
Parliament as was indicated by the Speaker of the National Assembly during the
2012 Budget Vote debate of Parliament. The Speaker called on Parliament to
build up capacity in Committees to ensure that legislation coming out of
Parliament can stand Constitutional scrutiny.
Conclusion and recommendation
After extensive deliberations on the Bill, the
committee together with the Department of Rural Development and Land Reform,
State Law Advisers and Parliamentary Legal Advisor agreed on the proposed
amendments that informed the B Version of the Bill to be tabled in the National
Assembly during the second reading of the Bill.
The Committee recommends that the National Assembly
adopts the Spatial Planning and Land Use Management Bill [B14B -2012].
Report to be considered
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