SPATIAL DATA INFRASTRUCTURE BILL (SDIB) 2003

2 DEFINITIONS Provides for definitions of important terms used in the Bill Clause 1

3 APPLICATION OF ACT States that the Bill applies to organs of state which hold spatial information Clause 2

4 ESTABLISHMENT AND OBJECTIVES OF SOUTH AFRICAN SPATIAL DATA INFRASTRUCTURE Objectives include: Enhance access to spatial information Management & maintenance of spatial information Promote sharing of spatial information Minimise duplication in the capture of Spatial Information Protection of the State’s copyright in spatial information Clause 3

5 POWERS OF MINISTER To prescribe standards and measures To determine fees and charges for spatial info To establish electronic meta data catalogue Clause 4

6 ESTABLISHMENT OF COMMITTEE FOR SPATIAL INFORMATION Mainly experts in spatial information Broadly representative –I representative of Minister –2 DLA employees –1 Stats SA –1 DPLG –1 other national departments identified by Minister –2 local government (urban and rural) –1 GITO council –1 GIS profession –1 GIS tertiary education –1 public entities as per PFMA Clause 5

7 POWERS AND FUNCTIONS OF COMMITTEE Outlines the powers and functions of the CSI, which includes: Advising the Minister or an organ of state on matters relating to Spatial Information Facilitating, promoting and safeguarding an environment for efficient collection and distribution of spatial information Clause 6

8 TERMS OF OFFICE OF MEMBERS 3 years Maximum of 2 consecutive terms (except where Minister extends) Clause 7

9 DISQUALIFICATION AS MEMBER OF MEMBER Outlines the grounds for disqualification as a member of CSI. It compels the Minister not to appoint to the Committee a person who is an unrehabilitated insolvent; is mentally ill; removed from an office of trust on account of dishonesty; etc Clause 8

10 MEETINGS OF COMMITTEE Provides the procedure for meetings of the CSI which includes the quorum for meetings, convening of special meetings and decision making Clause 9

11 ESTABLISHMENT OF SUBCOMMITTEES Deals with the establishment and scope of powers of sub-committees in assisting the CSI to discharge its mandate Enhance effective and technical functioning of CSI Co-opt external support Clear ratification and reporting lines to CSI Clause 10

12 SPATIAL INFORMATION STANDARDS & PRESCRIPTIONS Provides for the determination and publication of standards and prescriptions by the Minister to facilitate the sharing and integration of spatial information, and requires organs of state to adhere to those standards and prescriptions Clause 11

13 CAPTURE AND PUBLISHING OF METADATA Requires data custodians to capture and maintain metadata for any spatial information in accordance with the provisions of the Bill Empowers the Minister to exempt any data custodian or any exercise from the regulations dealing with the capture or maintenance of spatial information. Clause 12

14 MANNER AND REFUSAL OF ACCESS TO SPATIAL INFORMATION Makes the provisions of the Promotion of Access to Information Act 2000 applicable to the manner of access to or refusal of access to spatial information Clause 13

15 SUPPLY OF AND ACCOUNTABILITY FOR SPATIAL INFORMATION Provides that: Data Custodians may appoint Data vendors to assist in the supply of spatial information; Data Custodians to remain liable for unmodified spatial information supplied by data vendors; and Compliance with regulated manner in which spatial information is supplied Clause 14

16 AGREEMENTSS ON UTILISATION OF SPATIAL INFORMATION Agreements on utilisation of spatial information Prescribes information that must be contained in any agreement between data custodian and data vendor in respect of licensing agreements on the use of spatial information Clause 15

17 COLLABORATIVE MAINTENANCE prescribes the minimum information which must be contained in collaborative agreements between custodians of base data sets and custodians of derivative data sets, in order to ensure synchronised updates of the data sets. Clause 16

18 REPORTING ON DATA QUALITY provides a procedure for reporting deficiency in the quality of spatial information to the data custodian from whom the information is obtained Clause 17

19 SECURITY OF SPATIAL INFORMATION places a responsibility on a data custodian to take reasonable steps against the loss of, or unauthorised or unlawful access to spatial information, held by such custodian, and ensure the protection of the copyright of the State in such information Clause 18

20 DELEGATION OF POWERS provides for the delegation of power conferred on the Minister to the Director-General or other Government officials Clause 19

21 REGULATIONS provides for the making of regulations by the Minister Clause 20

22 LIABILITY Provides for the exclusion of liability for anything done in good faith in the performance of any power or duty in terms of this Bill Clause 21

23 SHORT TITLE AND COMMENCEMENT contains the short title of the Bill and also provides for the date of commencement once the Bill becomes an Act of Parliament Clause 22

24 THANK YOU