Special Investigating Units and Special Tribunals Act, 1996
R 385
Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013)Chapter 4 : Spatial Development FrameworksPart A : Preparation of spatial development frameworks12. Preparation of spatial development frameworks |
| (1) | The national and provincial spheres of government and each municipality must prepare spatial development frameworks that— |
| (a) | interpret and represent the spatial development vision of the responsible sphere of government and competent authority; |
| (b) | are informed by a long-term spatial development vision statement and plan; |
| (c) | represent the integration and trade-off of all relevant sector policies and plans; |
| (d) | guide planning and development decisions across all sectors of government; |
| (e) | guide a provincial department or municipality in taking any decision or exercising any discretion in terms of this Act or any other law relating to spatial planning and land use management systems; |
| (f) | contribute to a coherent, planned approach to spatial development in the national, provincial and municipal spheres; |
| (g) | provide clear and accessible information to the public and private sector and provide direction for investment purposes; |
| (h) | include previously disadvantaged areas, areas under traditional leadership, rural areas, informal settlements, slums and land holdings of state-owned enterprises and government agencies and address their inclusion and integration into the spatial, economic, social and environmental objectives of the relevant sphere; |
| (i) | address historical spatial imbalances in development; |
| (j) | identify the long-term risks of particular spatial patterns of growth and development and the policies and strategies necessary to mitigate those risks; |
| (k) | provide direction for strategic developments, infrastructure investment, promote efficient, sustainable and planned investments by all sectors and indicate priority areas for investment in land development; |
| (l) | promote a rational and predictable land development environment to create trust and stimulate investment; |
| (m) | take cognisance of any environmental management instrument adopted by the relevant environmental management authority; |
| (n) | give effect to national legislation and policies on mineral resources and sustainable utilisation and protection of agricultural resources; and |
| (o) | consider and, where necessary, incorporate the outcomes of substantial public engagement, including direct participation in the process through public meetings, public exhibitions, public debates and discourses in the media and any other forum or mechanisms that promote such direct involvement. |
| (2) |
| (a) | The national government, a provincial government and a municipality must participate in the spatial planning and land use management processes that impact on each other to ensure that the plans and programmes are coordinated, consistent and in harmony with each other. |
| (b) | A spatial development framework adopted in terms of this Act must guide and inform the exercise of any discretion or of any decision taken in terms of this Act or any other law relating to land use and development of land by that sphere of government. |
| (3) | The national spatial development framework must contribute to and give spatial expression to national development policy and plans as well as integrate and give spatial expression to policies and plans emanating from the various sectors of national government, and may include any regional spatial development framework. |
| (4) | A provincial spatial development framework must contribute to and express provincial development policy as well as integrate and spatially express policies and plans emanating from the various sectors of the provincial and national spheres of government as they apply at the geographic scale of the province. |
| (5) | A municipal spatial development framework must assist in integrating, coordinating, aligning and expressing development policies and plans emanating from the various sectors of the spheres of government as they apply within the municipal area. |
| (6) | Spatial development frameworks must outline specific arrangements for prioritising, mobilising, sequencing and implementing public and private infrastructural and land development investment in the priority spatial structuring areas identified in spatial development frameworks. |
