Government Gazette

Vol. 445, No. 23568, 24 July 2002

Regulation Gazette, No. 7421

No. R. 1004

DEPARTMENT OF TRANSPORT

NATIONAL LAND TRANSPORT TRANSITION ACT, 2000 (ACT NO 22 OF 2000)

PROVINCIAL LAND TRANSPORT FRAMEWORKS: REGULATIONS RELATING TO PLANNING REQUIREMENTS IN TERMS OF THE NATIONAL LAND TRANSPORT TRANSITION ACT, 2000

In terms of section 22(1) of the National Land Transport Transition Act, 2000 (Act No. 22 of 2000), I, Abdulah Mohamed Omar, Minister of Transport, after consultation with the MECs, have made the regulations contained in the Schedule hereunder.

Abdulah Mohamed Omar
MINISTER OF TRANSPORT

SCHEDULE

MINIMUM REQUIREMENTS FOR PREPARATION OF PROVINCIAL LAND TRANSPORT FRAMEWORKS

Arrangement of Regulations

  1. Definitions
  2. Purpose of Regulations
  3. Principles for preparing provincial land transport frameworks
  4. Date of completion
  5. Process for completion and approval by MEC
  6. Process for submission to Minister
  7. Minimum contents of provincial land transport frameworks

Definitions

  1. In these regulations, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act has that meaning, and -

    "Act" or "the Act" means the National Land Transport Transition Act, 2000 (Act No. 22 of 2000) as amended by the National Land Transport Transition Amendment Act, 2001 (Act No. 31 of 2001); "CPTR" means a current public transport record; "facilities" means ranks, terminals, stations, holding areas, informal taxi ranks and holding areas and major boarding points in rural areas, for road and rail based public transport; "PLTF" means a provincial land transport framework; "route" means the roads or railway lines that are traversed by a vehicle or train from point of origin to point of final destination or, in the case of road-based transport, where no roads are clearly demarcated, the route followed by the particular vehicle as described with reference to landmarks or beacons;

    "services" means public transport services

    Purpose of regulations

  2. (1) The PLTFs prepared by the provincial government must comply with the Requirements set out in these regulations.

    (2) In interpreting these regulations the provincial government should be guided by guidelines, which are available from the National Department of Transport.

    (3) Where there is a conflict between these regulations and such guidelines, these regulations prevail.

    Principles for preparing provincial land transport frameworks

  3. (1) In addition to the principles stated in the Act, the following principles apply to the preparation of PLTFs -
    1. Plans must pay due attention to the development of rural areas;
    2. non-motorised forms of transport must be taken into account; and
    3. transport for special categories of passengers must receive specific attention.

    (2) The integrated transport planning process must be continuous

    (3) The PLTF must be synchronised with other planning initiatives and must indicate how it is integrated into the provincial transport and land use planning process.

    (4) Specific reference must be made to the integrated development planning and land development objective processes, the municipal budgeting process and the spatial planning processes.

    Date of submission of plan

  4. (1) The initial annual PLTF for the 2002 - 2007 financial years must be prepared, adopted by the MEC and submitted to the Minister by the date determined by the Minister for the province concerned, in consultation with the MEC, under section 19(4)(a) of the Act, which date must not be later than 31 December 2002.

    (2) After date of submission of the initial PLTFs the Minister must determine the date for the submission of the subsequent PLTFs.

    Process for preparation and approval by MEC

  5. (1) The province must prepare its PLTF annually for a five-year period in accordance with section 22(1) of the Act for the financial year in question.

    (2) Between the initial PLTF and later ones, the province must refine the accuracy and relevance of information and substantiate estimates.

    (3) A PLTF must be prepared in the following two phases, as required by section 22(2) of the Act:

    1. The initial annual PLTF for the years (2002 - 2007) which serves to guide land transport in the province, and
    2. the PLTF for the second and subsequent years that Includes summaries of local plans in the province.

    (4) The initial PLTF must be amended to reflect the changes.

    (5) In the development of a PLTF, the provincial department must consult with planning authorities, other major role players and stakeholders and the MEC, and this process must be reflected in the PLTF.

    Process for submission to Minister

  6. (1) After the date of publication of these regulations, but not later than the date mentioned in regulation 4(1), every provincial department must complete its PLTF, consisting of at least the matters set out in regulation 7.

    (2) On completion of the PLTF it must be submitted to the Minister in terms of section 22(4) of the Act, together with a written approval from the MEC.

    (3) If the Minister is of the opinion that the PLTF is-

    1. not a true reflection of the situation relating to commuter rail;
    2. not prepared correctly or completely according to the Act or these regulations;
    3. in conflict with national policy or the National Land Transport Strategic Framework, he or she may request the MEC to adjust the plan, and the MEC must comply with such a request immediately. .

    Minimum contents of provincial land transport frameworks

  7. Although the format may be different, the initial PLTF must contain at least the minimum information set out in subregulation (1) below and the PLTF for the next and subsequent years must contain at least the minimum information set out in subregulation (2) below.

The Chapters listed hereunder must include the following:

(1) Initial PLTF for the 2002 - 2007 five-year period

Chapter 1: Transport vision, objectives and policy

  1. The provincial land transport policy published under section 9(2) of the Act.
  2. Where such policy has not yet been published, the provincial white paper on transport policy, or green paper, must be attached as an annexure.
  3. Where a green paper has not been produced a plan of action indicating time frames for publishing policy under section 9(2) of the Act.
  4. A highlighting of actual or potential areas of conflict between national and provincial land transport policy.

Chapter 2: Status quo of transport in province

  1. Maps for orientation purposes, providing the following information:
  2. A statement on any backlogs that exist in the provision of provincial roads.
  3. A description of intraprovincial and interprovincial long distance services, interprovincial commuter services and cross-border services.
  4. A list of perceived problems and issues relevant to public transport.
  5. A description of the status quo regarding metered taxi services in the province.

Chapter 3: Co-ordination measures and structures, liaison and conflict resolution

  1. Measures to ensure proper co-ordination between the transport plans of planning authorities as contemplated in section 22(3)(d) of the Act, and between planning authorities and the province, as contemplated in section 63(1)(b) thereof, as well as any other similar measures that may exist or be contemplated.
  2. Details of .liaison mechanisms and structures proposed for interprovincial long-distance services as contemplated in section 22(3)(p) of the Act, as well as interprovincial commuter services, as well as any other liaison mechanisms or structures that may exist or be contemplated.
  3. A short description of existing and planned liaison structures between the province and planning authorities, working groups and co-ordination committees, if any, and their terms of reference, distinguishing clearly between political (decision making) liaison structures and mechanisms, liaison structures with stakeholders and technical structures.
  4. Measures to resolve possible conflicts between provincial transport and land use planning as contemplated in section 22(3)(g) of the Act.

Chapter 4: Integrated development framework

  1. A draft or approved spatial development strategy or plan for the province, or, failing such strategy or plan, a progress report towards the development thereof.
  2. A statement of how the transport strategy will facilitate the integration of social, economic and housing development strategies as well as other relevant development initiatives or strategies.
  3. A statement of how transport in the province will facilitate economic and spatial development.
  4. An indication of industrial and residential areas, land reservation for transport infrastructure and priority development areas.
  5. An indication of the strategic transport network of roads and railways and provincial public transport networks in relation to land use development and the built environment.
  6. A summary of strategies to implement the integrated framework and objectives promoting land use and transport integration, in keeping with national policies.

Chapter 6: Public transport strategy

  1. A description of strategic and high-priority focus areas for public transport.
  2. A summary of initiatives planned and taken by the province relating to public transport in the province, and initiatives to promote public transport over private transport.
  3. An identification of deficiencies in the transport system and measures to address them.
  4. A list of initiatives regarding the transportation of persons with disabilities and other special categories of passengers.
  5. A list of the following initiatives, if any:
  6. Copies of agreements regarding interprovincial transport concluded with other provinces.

Chapter 6: Non-motorised transport

  1. An indication of how non-motorised transport is provided for in the general road plan of the province.
  2. A detailed strategy to promote and encourage the use of non-motorised transport.

Chapter 7: Transport infrastructure strategy

A list of major planned provincial infrastructure and facility development initiatives, and transport priorities and projects regarding infrastructure, including roads and railway lines.

Chapter 8: Transport authorities

  1. A report on the institutional status of transport authorities that exist or are planned in the province, and the progress made in establishing them.
  2. If no transport authorities exist or are planned, a progress report on how the province proposes to improve transport service delivery in the local sphere of government by grouping transport functions into single, well managed and focussed institutional structures.

Chapter 9: Transportation Management Strategy, including hazardous substances

Transportation management aspects, including -

Chapter 10: Tourism

  1. A comprehensive strategy dealing with the transportation needs of tourists.
  2. Policies and standards for tourist transport services, If any.

Chapter 11: Budget

  1. A copy of the detailed components of the budget for the 2002 - 2003 and 2003 - 2004 financial years with regard to land transport, Including funding sources for-
  2. the planned five-year budget for -
  3. funding sources, and gaps or shortfalls.

Chapter 12: Programme for Implementation of PLTF

  1. A description and programme of the provincially funded short and medium term strategies and action plans to implement the PLTF, and
  2. a summary in tabular form indicating provincially funded target dates, milestones and development periods.

Chapter 13: Monitoring

  1. A list of key performance indicators (KPIs) in line with national KPIs, and
  2. the trends of key information provided in chapter 2.

Chapter 14: Public participation

A description of public participation procedures undertaken during the formulation of the PLTF.

(2) PLTFs for 2003 - 2008 and subsequent five-year periods

Chapter 1: Transport vision, objectives and policy

This chapter must contain the matters listed in subregulation (1), as a minimum.

Chapter 2: Status quo of transport in the province

This chapter must contain the matters listed in sub regulation (1), as well as the following as a minimum:

  1. Integrated maps for orientation purposes, showing the following information:
  2. A brief assessment of the status quo of transport infrastructure in the province, including public transport facilities, describing the infrastructure, reflecting on its adequacy and a detailed description of its condition.
  3. A statement on any backlogs that exist in transport infrastructure provision.
  4. A summary of the CPTRs for the province, consisting of a table analysing key statistics extracted from the CPTRs and other information, including at least-
  5. A discussion of the development of the CPTR data into a comprehensive information system, the approach to the status quo data collection process to be followed during the next year, and the format and data items to be focused upon relevant to municipal transport plans.
  6. A summary of municipal transport plans in the province that are available in the relevant year.

Chapter 3: Co-ordination measures and structures, liaison and conflict resolution

This chapter must contain the matters listed in subregulation (1), as well as the following as a minimum:

A schedule specifically for co-coordinating the preparation of -

Chapter 4: Integrated development framework

This chapter must contain the matters listed in subregulation (1), as well as the following as a minimum:

  1. A description and evaluation of land use and economic nodes of provincial significance.
  2. A broad description of relevant social, demographic and environmental issues that affect transport.
  3. An integrated map showing the status quo and a short description of-
  4. An integrated map illustrating the frameworks for future development, with a short description of -
  5. information on each spatial development initiative in the province, with their status quo and urban renewal and rural development nodes where applicable.

Chapter 5: Public transport strategy

This chapter must contain the matter listed in subregulation (1), as well as the following as a minimum:

  1. A summary of public transport strategies of provincial significance taken from the public transport plans and integrated transport plans, focusing mainly on strategies, actions and projects.
  2. A list of the following initiatives, if any:
  3. A summary of operating licence strategies in the province giving details of inter-provincial, long-distance and cross-border transport.

Chapter 6: Non-motorised transport

This chapter must contain at least the matters listed in subregulation (1).

Chapter 7: Transport Infrastructure strategy

This chapter must contain the matters listed in subregulation (1), as well as the following as a minimum:

A summary of strategies of municipal planning authorities and major initiatives of provincial significance, highlighting those taken from public transport plans and integrated transport plans where applicable and available. .

Chapter 8: Transport authorities

This chapter must contain at least the matters listed in sub regulation (1).

Chapter 8: Transportation Management Strategy

This chapter must contain at least the matters listed In sub regulation, (1), as well as the following as a minimum:

A travel demand management strategy.

Chapter 10: Tourism

This chapter must contain at least the matters listed in subregulation (1).

Chapter 11: Budget

This chapter must contain the matters listed in subregulation (1), except that the detailed components of the budget mentioned in paragraph (a) thereof- will be for the current financial year and the following financial year, as well as the following as a minimum:

  1. A summary of prioritized transport planning and implementation projects and the budgets for each, listing projects from public transport plans and integrated transport plans of provincial significance or to which the province contributes financially.
  2. A summary of prioritized transport planning and implementation projects and the budgets for each, listing provincial projects, including those of national significance.

Chapter 12: Programme for Implementation of the PLTF

This chapter must contain the matters listed in subregulation (1), as well as the following as a minimum:

(a) A description and programme of all short and medium term strategies and action plans to implement the PLTF, and (b) a summary in tabular form indicating all target dates, milestones and development periods.

Chapter 13: Monitoring

This chapter must contain the matters listed in subregulation (1) as well as the following as a minimum:

(a) A report on how and to what extent the key performance indicators set for the province in the National Land Transport Framework have been met, (b) A report on how and to what extent the key performance indicators set In the previous year's PLTF have been met.

Chapter 14: Public participation

This chapter must contain at least the matters listed in subregulation (1).