Presentation to the Portfolio Committee on Transport Gauteng Department of Roads and Transport National Land Transport Amendment Bill (B7-2016) 22 SEPTEMBER 2016

PURPOSE To motivate for the inclusion of proposed amendments relating to the establishment of a Transport Authority (TA) in the National Land Transport Amendment Bill, 2016.

BACKGROUND – ITMP 25 Gauteng is unique with 3 metropolitan municipalities and 2 district municipalities. The provincial government, together with municipalities and entities such as the Gautrain Management Agency and PRASA, have separate and shared responsibilities for the management of public transport systems in their respective areas of jurisdiction, which do not always allow for integrated planning, co-ordination and system efficiencies.  Gauteng had established the Gauteng Transport Management Agency in 2008, which broadly was designed to fulfill the role of a Transport Authority. It was dis-established a year later by the former administration as part of the review of provincial entities. Gauteng’s 25-Year Integrated Transport Master Plan recommends that a fully-fledged Transport Authority be established for the Gauteng City-Region to plan, co-ordinate and facilitate an integrated transport system.  

ITMP25- A CONTINUUM OF INSTITUTIONAL OPTIONS The Status Quo (enhanced) A GCR Public Transport Commission (that advises on how to deal with the functions currently “falling through the cracks”) A Unitary Transport Authority for the GCR

GAUTENG TRANSPORT COMMISSION The Executive Council approved the establishment of the Gauteng Transport Commission (GTC), which came into existence on 26 November 2013. A Memorandum of Understanding between the Department and all municipalities was signed based on the Intergovernmental Relations Framework Act (No.13 of 2005). GTC serves as an interim structure to manage 5 areas of co-operation on transport matters, namely: Non-motorized transport Integrated rail planning Bus rapid transit systems Intelligent transport systems Travel demand management

TRANSPORT AUTHORITY CONFERENCE, MARCH 2016   In March 2016, the Department successfully hosted an international conference on the concept of Transport Authorities for the Gauteng City-Region. This was in partnership with the International Association of Public Transport (UITP) and the African Association of Public Transport (UATP). The aim was to develop an understanding of the concept of a transport authority and determine its appropriateness for the Gauteng City-Region. 19 international and local speakers made presentations on powers, functions and operating models of Transport Authorities and the underlying transport systems in their countries, states, regions or municipalities. A strong recommendation was made that the Gauteng City-Region should consider establishing a Transport Authority. The Minister of Transport expressed public support for the proposal.  

ENABLING LEGISLATION     A Transport Authority requires an appropriate legislative framework, institutional arrangements and funding instruments. Existing national and provincial legislation does not ADEQUATELY provide for a transition from a Transport Commission to a Transport Authority or for the establishment of a Provincial Transport Authority. The National Land Transport Amendment Bill (2016) has not taken into consideration the need for transport authorities in city-regions such as Gauteng. Hence, the need for the proposed Departmental amendments.

POST-CONFERENCE DEVELOPMENTS A meeting was held with the National Department of Transport and MEC-MMC Forum to discuss proposals for inclusion in the NLT Amendment Bill (2016) tabled in parliament. An initial draft amendment was crafted and forwarded to municipalities for comment. Amended proposals were forwarded to municipalities in April 2016 for consideration and approval. Final proposed amendements was sent to the NDOT to be submitted to parliament for consideration. In June 2016, the Premier and the then Mayors of municipalities in Gauteng signed a Declaration of Intent to establish a Transport Authority. The Department aims in 2017 to develop a policy framework and a provincial Bill to establish a Transport Authority for the GCR.

WHY SHOULD WE CONSIDER CREATION OF A TA? GCR is a functional transport area - daily commuter movement disregards municipal boundaries Public transport integration with an emphasis on efficiency Setting norms and standards Uniform contracting Central body to negotiate with Treasury for transport infrastructure funding Pooling of scarce human resources Co-ordinate timetables, passenger information, fares and electronic ticketing Common public transport marketing and branding Transport planning Traffic Demand Model (EMME4 model) Current Public Transport Records (CPTR) studies Inform the allocation of permits and permissions Better traffic and transport law enforcement

PROPOSED AMENDMENTS Amendment of section 12 of Act 5 of 2009  “12(1) A province may pass legislation or enter into an agreement with one or more municipalities in the province for the joint exercise or performance of their respective powers and functions contemplated in this Act and may establish a provincial entity or similar body in this regard, subject to the Constitution and this section.”  “12(1A) A provincial entity so established is a juristic person.”   by the addition of the following subsections:  “(4) Where the provincial entity as contemplated in subsection (1) is not established, two or more municipalities may enter into agreements for the joint exercise or performance of their respective powers and functions contemplated in this Act, subject to the Constitution and this Act.  (5) A provincial entity contemplated in subsection (1) must at least be responsible for:  the functions as set out in section 11(1)(b)(ii); (iii); (v); (vi); (vii), 11(1)(c)(vi); (ix); (xi); (xii); (xix); (xx); (xxii); and (xxvii); the promotion and support of non-motorised transport; and any other function which may be agreed upon by the members of the provincial entity.  

PROPOSED AMENDMENTS (6) A provincial entity contemplated in subsection (1) may perform its functions in a municipality outside of or adjacent to the province, in agreement with the relevant municipalities and the other relevant province or provinces. (7) The agreement contemplated in subsection (1) must provide for governance, institutional mechanisms and funding for the functioning of the provincial entity. (8) The MEC must publish in a Provincial Gazette the agreement contemplated in subsection (1) and any subsequent amendment.  Amendment of section 15 of 5 of 2009  Section 15 of the principal Act is hereby amended-  by the addition of the following subsection:  “(3) Where a provincial entity is established as contemplated in section 12(1), it must perform the functions of the intermodal planning committee as contemplated in subsection (1) and perform such functions as set out in section 11(1)(c)(xix) and subsection (2).”  

RECOMMENDATION It is recommended that the Portfolio Committee on Transport consider the inclusion of the proposed amendments in the National Land Transport Amendment Bill currently being considered.