ATC130213: Report of the Portfolio Committee on Rural Development and Land Reform on the Spatial Planning and Land Use Management Bill [B14B – 2012], dated 12 February 2013.

Report of the Portfolio Committee on Rural Development and Land Reform on the Spatial Planning and Land Use Management Bill [B14B – 2012], dated 12 February 2013.

The Portfolio Committee on Rural Development and Land Reform, having considered the subject of the Spatial Planning and Land Use Management Bill [B14 – 2012], (National Assembly – section 76 (1) referred to it and classified by the Joint Tagging Mechanism as a section 76 (1) Bill), reports the Bill with amendments [B14B-2012].

The Committee reports the Bill further as follows:

1. Background

1.1. The Spatial Planning and Land Use Management Bill [B14-2012] (SPLUMB) was referred to the Portfolio Committee on Rural Development and Land Reform (the Committee) on 18 June 2012.

1.2. Subsequently, the Committee invited members of the public to make written and oral submissions on the Bill. On the 27 - 29 July 2012 the Portfolio Committee published a notice in the press inviting submissions by no later than 10 August 2012. On 21 and 22 August 2012, the Committee conducted public hearings in Parliament, where it heard oral presentations from 32 organizations that responded to the call for comments by members of the public. The submissions raised, amongst others, the constitutionality of the Bill in relation to the conceptual understanding of the national interest and provincial powers in relation to spatial planning and land use management.

1.3 SPLUMB is a national framework legislation to address the fragmented, unequal and incoherent spatial planning and land use management systems which currently exist in South Africa . Therefore, it should not be prescriptive but allow the provinces to develop own legislation to regulate planning taking into account their own peculiarities.

1.4 Drawing on the proceedings of the public hearings, the Committee identified the following key issues for further engagement and deliberation:

· The constitutionality of the Bill.

· Public participation in the preparation and development of Spatial Development Frameworks and Land Use Schemes.

· Transitional arrangements.

· Institutions and processes for appeals.

· Delineation of powers and functions (national interest and provincial powers in relation to municipal planning)

· Timeframes for consideration of development applications

· Lack of formal consultation with the House of Traditional Leaders

2. Deliberations

2.1 The processing of the Bill involved deliberations as well as discussions with the Department and the State Law Advisers and reading the Bill clause by clause.

2.2 The Committee sought independent legal opinion on the constitutionality of the Bill and Adv I Jamie was appointed by the Committee. The committee intended to ensure that the Bill meets the highest standards of quality expected by Parliament as was indicated by the Speaker of the National Assembly during the 2012 Budget Vote debate of Parliament. The Speaker called on Parliament to build up capacity in Committees to ensure that legislation coming out of Parliament can stand Constitutional scrutiny.

3. Conclusion and recommendation

3.1 After extensive deliberations on the Bill, the committee together with the Department of Rural Development and Land Reform, State Law Advisers and Parliamentary Legal Advisor agreed on the proposed amendments that informed the B Version of the Bill to be tabled in the National Assembly during the second reading of the Bill.

3.2 The Committee recommends that the National Assembly adopts the Spatial Planning and Land Use Management Bill [B14B -2012].

Report to be considered