provincial legislation on spatial planning and land use management mpumalanga and limpopo provinces...

PROVINCIAL LEGISLATION ON SPATIAL PLANNING AND LAND

USE MANAGEMENT

MPUMALANGA AND

LIMPOPO PROVINCES

Research Findings

Mpumalanga and Limpopo

Purpose of Study

• To provide an overview of land use/planning legislation in Mpumalanga and Limpopo

• 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


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• Obtaining data to assess the quantitative aspects of the

system


Historical Boundaries


Bantustan Territories

Mpumalanga Study Area

3 District Municipalities and 19 Local Municipalities

Mpumalanga Province


Mpumalanga: Main Laws

The main laws include the following:

• Transvaal Ordinance,1986, and town planning schemes• Removal of Restrictions Act,1967• Division of Land Ordinance,1986• Less Formal Township Establishment Act,1991• Physical Planning Act, 1967• Subdivision of Agricultural Land Act, 1970• Registration of Agricultural Holdings (Transvaal) Act, 1919 • Black Administration Act, 1927, Regulations• Development Facilitation Act, 1995• Municipal Systems Act, 2000


Mpumalanga: Key Findings

Responsible Department:

• Department of Agriculture, Rural Development and Land Affairs: Directorate of Land Administration

What works well• The structure and procedures in the Ordinance• The structure and procedures in DFA• The statutory Boards• Alignment of Ordinance to existing municipal and provincial

structures• The Municipal Systems Act and the related spatial development

frameworks


Mpumalanga: Key FindingsWhat does not work well

• The multiplicity of laws and their distinct geographical applicability• Parallel approvals (eg Nema, Dept of Agriculture)• Changing jurisdictional boundaries• The mismatch between local authority jurisdictional areas and

management capacity• The unrealistic expectations of most spatial development

frameworks• The inclusion of tribal interests into land use management • Information distribution and retention• The monitoring of outcomes• Upgrading of tenure complexities


Numbers of applications:• Large volumes of municipal decisions in terms of Ordinance, town

planning schemes, subdivisions and the like (eg Mbombela: 21

townships and 86 rezonings in 2010)

• Provincial government deals with Appeals, Less Formal (5),

Excisions (11), DFA (7), Permissions in terms of R188, R293, and

Black Communities Development Act (18), Roads and Ribbon (16),

tenure upgrades (6), and various other types of application

• Other than DFA, processes are generally slow

• Most applications in existing urban areas

Revisions to current provincial legislation: None at present

Mpumalanga : Key Findings


Limpopo Study Area

Limpopo Province


5 District Municipalities and 25 Local Municipalities

Limpopo: Main Laws

The main laws include the following:

• Transvaal Ordinance, 1986, and town planning schemes

• Division of Land Ordinance,1986

• Removal of Restrictions Act,1967

• Physical Planning Act, 1967

• Development Facilitation Act, 1995

• Black Administration Act, 1927, Regulations

• Municipal Systems Act, 2000

• Registration of Agricultural Holdings (Transvaal) Act,1919

• Advertising on Roads and Ribbon Development Act, 1940


Limpopo: Key Findings

Responsible Department:

• Department of Local Government and Housing

What works relatively well• The structure and procedures in the Ordinance• The structure and procedures in DFA• The statutory Boards• New Ordinance and the town planning and zoning scheme system• The alignment of the Ordinance system to existing municipal and

provincial structures• The Municipal Systems Act and the related spatial development

frameworks


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

• The limited capacity at the Department of Local Government and

Housing

• Extensive rural municipalities and the mismatch between capacity

and legal requirements at provincial and municipal level



What does not work well (2)

• Delays in obtaining responses and in decision making

• The legacy of historical applications and approvals in the system

• The dispersed information on land use matters

• The decline in experienced planning staff and knowledgeable

leaders

• The inclusion 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



Numbers of applications• Fairly large volumes of municipal decisions in terms of Ordinances

and town planning schemes (eg Polokwane 10 townships and 66

rezonings in 2010)

• Provincial government deals with appeals (19), Townships (9), DFA

(54), Physical Planning Act (11), Removal of Restrictions (135),

Permissions in terms of R188, R293, and Black Communities

Development Act (1339), Roads and Ribbon (44), tenure upgrades

(3000), and various other types of application

• Processes are generally slow

• Most applications are in existing urban areas

Revisions to current provincial legislation: None at present



Matters Pertinent New Provincial Laws

Clarification of Roles and Functions of Different Spheres of

Government• National

• Provincial

• Municipal (Districts, Metropolitan and Local)

Define Provincial Planning Functions • Forward Planning

• Coordination/Alignment

• Minimum Standards/Model Regulations

• Custodian of Information/Monitoring of Change

• Appeal Function

• Support Function


Matters Pertinent New Provincial Laws

Considerations for introduction of new Provincial Planning Laws

• Principle of land use decisions at municipal level

• Need for comprehensive revision and alignment of laws guided by

National Framework Law

• Need for repeal of non-aligned laws

• Need for a degree of uniformity across geographical areas

• Need for phased introduction of upgraded laws without

compromising functioning parts of system


Former Homelands and Old Provincial Boundaries

KwaNdebele




KaNgwane



Lebowa



Venda



Gazankulu


provincial legislation on spatial planning and land use management mpumalanga and limpopo provinces...

Documents

land use laws

physical planning act

land affairs

present provincial legislation

performance of provincial

black administration

current provincial legislation

transvaal ordinance