PRESENTATION TO THE PORTFOLIO COMMITTEE ON AGRICULTURE AND LAND AFFAIRS ON THE LAND USE MANAGEMENT BILL (LUMB) 31 JULY 2008 ______________________________________________________________________________________________________________________ Presented by: Sbusiso Xaba Head of Department Gauteng Department of Economic Development

INTRODUCTION _______________________________________________________________________ The Dept. is responsible for, amongst others, implementation of spatial planning & land use management. Currently amending our planning and land use management legislation and national guidance is needed to finalize this process. However, the current Bill introduces further uncertainty to the already complex area of distinguishing between the respective legislative & executive powers of provincial & national government.

AREAS OF CONCERN _________________________________________________________________________________ Lack of proper consultation with the Provinces before the Bill was finalised. The fact that the Bill prevails over provincial legislation on land use management – constitutionally questionable. –Sect. 2: states that the Bill ‘is legislation contemplated in section 146(2) of the Constitution’ which states that it prevails over provincial legislation. Land use management is not a distinct area provided for in the Schedules to the Constitution. If the Bill is legislating over an area provided for in Sch. 4- presumably ‘urban and rural development’- this should be clarified and the precise functional area defined and stated.

AREAS OF CONCERN _________________________________________________________________________________ Clarity on precise areas of national regulatory oversight and areas for further legislative action by provincial law. –Sect 63: ‘The Minister is the Land Use Regulator in respect of all land use and land use management matters within the national sphere of government’- Bill needs to clarify, define and state clearly the precise functional area/s it is legislating. The National Government as a Land Use Regulator for first time decision applications. –Sect 36 (d) (i) (ii) (v): Will the National Government have the capacity to process first time decision applications?

AREAS OF CONCERN _______________________________________________________________________ A number of provisions touch on intergovernmental relations that have a potential for creating conflict between the 3 spheres. –Sect 7(1)(a): What is intended by ‘matters of provincial interest or special provincial concern’?- The criteria provided under Sect.37(a) is very broad and limited. –Sect 73(3)(a): It is unclear why the Minister of Housing is allocated ‘special powers’- the aim of the Bill should be to streamline the multiple land use and land development processes in the country. Housing development should form part of and follow land use application processes, as prescribed by this Act and provincial legislation.

AREAS OF CONCERN _________________________________________________________________________________ In some areas the Bill seems to be too prescriptive for a national regulatory framework e.g. Sects 42 & 43. The Act should deal with issues of principle and issues of procedures can be provided for by Regulations. Repeals DFA without providing an alternative process for fast-tracking important projects. Lack of leadership and direction in terms of legal mechanisms for dealing with new challenges such as urban sprawl, housing for the poor, integration of land use management with environmental issues.

CONCLUSION _________________________________________________________________________________ There has been a considerable improvement on the Bill over the years. However, there is still scope for further improvement. The Dept. is fully committed to cooperating with the parliamentary process in order to finalise this legislation and ensuring that we have the best possible planning law.

Thank you!