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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM DEPARTMENT OF RURAL DEVELOPMENT AND LAND REFORM GEOMATICS PROFESSION BILL 2013 A Briefing to the Parliamentary Portfolio Committee on Rural Development and Land Reform of the Republic of South Africa Date: 12 March 2013, Cape Town A Briefing to the Parliamentary Portfolio Committee on Rural Development and Land Reform of the Republic of South Africa Date: 12 March 2013, Cape Town
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM BACKGROUND Need for New Act: provision of mechanisms to accelerate transformation of Geomatics Profession. Current Act (Professional and Technical Surveyors’ Act, 1984) needs modernisation & Constitutional alignment; also excludes other Geomatics categories, e.g. geospatial information sciences; Bill initially termed “Surveying Profession Bill” (SPB) to transform the Surveying Profession; BUT Following consultation with various stakeholders, change to “Geomatics Profession Bill” (GPB) was adopted to encompass all fields of Geomatics There is no work reservation in present Act. 2 2
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM INITIAL PROCESS (SPB) Planning Profession Act of 2003 used as model for the Bill Also considered other new legislation: Architects, Engineers, Quantity Surveyors, Valuers: All Acts passed in 2000 Initial Draft (SPB) approved by Deputy Minister and Minister(2005) Published (SPB) for public comment (2005) Workshops (SPB) to sense public comment, specifically from the Profession (2005/06) 3 3
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM INITIAL PROCESS (GPB) GPB Process started in 2008 In 2009 was the Bill was part of the legislation programme. Same year the priorities of the Department changed. Focus was mainly on Rural Development change. In June 2010 further consultation was conducted with all stake holders, private and public. Comments were received and incorporated Published (GPB) for public comment (2010) Comments were sourced also from Department of Higher Education. In 2011 the GPB was submitted to Cabinet Committee 4 4
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM PRINCIPLES OF THE GPB . Profession to be more inclusive of related fields e.g. land, mine and engineering surveying ; geospatial information sciences, etc. Council members appointed by Minister. Nominations through transparent process. CURRENT ACT : only Institutes may nominate members. GPB : 4 members representing State (3 from DRDLR, one from DMR); 5 members not state employed; 1 member from the public; 1 member from Council of Higher Learning 5 5
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM PRINCIPLES OF GPB, cont’d Four registration categories : Candidate geomatics practitioner Geomatics technician Geomatics Technologist Geomatics Professional Each category has different branches, like Mine surveying, Engineering Surveying, etc State will fund Council (currently Council is funded solely from fees paid by registered persons) 6 6
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 1 Explains definitions in context of Bill Sets out Geomatics Profession principles applicable to Council and its registered persons, which guide interpretation, administration and implementation Highlights interests of the public Obliges Council to achieve transformation and high standards of quality and integrity 7 7
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 2 Provides for establishment of Council, its composition, committees, powers, duties, functions, meetings, administration and disqualification of its members Regulates the decision process of Council Provides for the Council’s funding; keeping and auditing of records 8 8
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 3 Provides for registration of practitioners Specifies the various categories and certification of registration Outlines the identification of geomatics work and the reservation thereof This will encourage eligible persons to register appropriately, thereby facilitating effective regulation of the Profession at large 9 9
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 4 Provides for recognition of Voluntary Associations by the Council Main object of Voluntary Associations would be the promotion and protection of the interests of the Geomatics Profession Council will issue a Certificate of Recognition to voluntary associations, subject to compliance with rules set out in Section 30(2) 10
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 5 Deals with professional conduct Outlines a code of conduct and relevant requirements Specifies process of dealing with improper conduct, rights, regulation of proceedings and sanctions 11
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 6 Provides for establishment and functioning of Appeals Board Specifies the composition of the board and the qualification of its members Board members are appointed by Minister, who will enhance transformation process by ensuring transparency as well as gender, disability and other demographic representations 12
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CHAPTER 7 Regulates general issues Deals with professional fees, regulations and rules, administration procedures, delegation of powers, offences and penalties Facilitates transitional provisions, repeal and amendment of relevant legislation 13
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DEPARTMENT: RURAL DEVELOPMENT & LAND REFORM CONCLUSION Approval of the Bill by Parliament will facilitate transformation, guarantee alignment with the Constitution and ensure inclusivity of all sectors of the Geomatics Profession THANK YOU 14
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