Thereafter, the project will set up a team for drafting the targeted “optimal model” for environmentally related (integrated) decision making in the province. The team will consist of members from provincial, district and local municipal levels of administration and from representatives of line departments, which are represented in the province and have a special mandate in regional and local decision-making. The main components of the model will deal with issues like business rights, service delivery agreements (= all infrastructure including waste and water), EIAs processes, etc. (see 3.3.3). It has also a strong connection to spatial planning/zoning (see 3.3.2).
Main task for the drafting team is to find out ways to speed up the decision processes without risking accountability, transparency and environmental requirements of the process. To support the work of the modelling team a survey will be made to analyze some best practices in this field in other provinces and also in other countries as relevant. Especially the experiences in Kwa-Zulu Natal will be analysed and utilized as appropriate.
Carry out an analysis of the proposed instruments and processes vis à vis existing relevant national and provincial policies, legislation and strategies, including respective institutional arrangements at provincial district and local municipal levels
When the model team has finished its work, the draft will be carefully analysed to find out possible conflicts and bottlenecks between present SA legislation and legal procedures and drafted model. The work will be done by the specialists in the field of environmental legislation and in other relevant legislation. International experts will be used when necessary. In case of possible disagreements, measures and proposals to change the legislation or other legal procedures will be made.
Carry out a consultative process involving all relevant stakeholders
Parallel with the previous task the consultations will take place with all relevant stakeholders, with special reference to the civil society and private sector. The idea is to find out the possible weak points in the model and test the reception of this approach among relevant decision makers, especially at the district municipal and local levels. This process will be facilitated by an expert who is familiar with this kind of processes. Consultations will also strengthen the participatory approach of the project and help the stakeholders to commit themselves to a new way of working after the law will be in force.
Developing the final draft of the Bill
After the legal survey and consultation phase the draft proposal will be modified by the original drafting team and thereafter put into the form of Provincial Bill. This formulation will be made by the lawyers and other experts of the province government. The draft of the Bill will then be processed through the formal legislature procedures and come out as Final Bill. As a follow-up, support will be given to district municipalities and local municipalities in modelling necessary by-laws in their jurisdiction. Detailed planning of this support to the municipalities and district municipalities will be done during the inception phase of the project, and it may be appropriate to "elevate" this support as a separate activity (eventual 22.214.171.124).
Provincial spatial Zonation Plan
Carry out an analysis of existing information on provincial natural and human resource data relevant from spatial planning point of view, and perform a gap assessment with target setting
The final outcome of this component will be a spatial zonation plan, which is addressing selected land use objectives like nature conservation, housing, business development areas and major infrastructure. This kind of planning is based on the knowledge of existing situation. Much basic work has been done so far in the form of IDPs and Land Development Objectives (LDOs) by district and local councils. This information must be updated and e.g. land use categories need to be harmonized and their number decreased. Special attention should be paid to coordinate the plans in boarder areas to check the continuity/consistency between different municipalities and areas.
In addition, the project will organise a survey of existing data concerning nature conservation, natural resources and state of the environment on one hand, and the planning and research capacity and related resources on the other hand to make it possible to do a reliable assessment of the situation. This survey
NORTHWEST – EIP60 of 64 Pages