Local Government, Environmental Affairs and Development Planning
(a) What has his Department done to assist local governments in the province to prepare themselves and their zoning regulations for the expected repeal of the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970), in order to preserve farms as economically viable units and (b) how ready is the province to deal with the implications of this change?
(a) The Subdivision of Agricultural Land Act Repeal Act, 1998 (Act 64 of 1998) was already published in Government Gazette 19294 on 28 September 1998. The act has, however, not come into operation yet.
In anticipation of the above-mentioned repeal, the former Provincial Administration: Western Cape, Department of Housing, Local Government and Planning already made changes to the delegations and exemptions to municipalities in terms of the Western Cape Land Use Planning Ordinance, 1985 (Ordinance 15 of 1985) on 7 May 1998 by way of Circular C/6/1998. In terms of said circular, exemptions from the Land Use Planning Ordinance in respect of applications that also required approval from the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) were withdrawn. The procedure for the processing of these applications was also communicated to municipalities in the aforesaid circular.
This means that since 7 May 1998, applications that required approval in terms of the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970), also needed to obtain an approval from municipalities in terms of the Land Use Planning Ordinance. Municipalities have, therefore, been dealing with this aspect for more than 22 years.
With the enactment of the national Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), the aforementioned double approval was again addressed, as the Subdivision of Agricultural Land Act Repeal Act, 1998 (Act 64 of 1998) was still not enacted and there was no enactment envisaged in the future. Section 61 of the Western Cape Land Use Planning Act again made provision for the exemption of planning legislation for applications that require approval in terms of the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970). This was done in order to counter unnecessary regulatory delays and administrative red tape.
The exemptions in terms of Section 61 of the Western Cape Land Use Planning Act were adopted by the majority of municipalities in their By-laws on Municipal Land Use Planning. Only a few municipalities still require both approvals.
The aforementioned exemption will, however, automatically no longer be applicable when the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) is repealed. Applications for the subdivision of agricultural land will thereafter again be subject to the provisions of the municipal By-laws on Land Use Planning or any replacement act for the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970).
Regardless of whether applications are processed in terms of the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) or the municipal By-laws on Land Use Planning, all applications are referred to the Western Cape Department of Agriculture for a recommendation and input.
The Western Cape Land Use Planning Act, 2014 (Act 3 of 2014) also makes provision for further protection of our most valuable agricultural land. The Act and the associated regulations stipulate that applications that affect certain agricultural land requires the approval of the Minister responsible for Development Planning. These applications are also only considered after consultation with the Western Cape Minister responsible for Agriculture. The aforementioned include applications for mining, shale gas development and any land that has been cultivated or irrigated during the past ten years.
The “Western Cape Land Use Planning Guidelines: Rural Areas” dated March 2019 provides further guidance on developments and subdivision of agricultural land to municipalities in the Western Cape. A copy of the document can be made available on request.
Lastly, officials from the Department of Environmental Affairs and Development Planning, as well as the Western Cape Department of Agriculture, form part of the discussions on the proposed Preservation and Development of Agricultural Land Act, as and when the opportunity arises.
(b) The Western Cape and its municipalities are accordingly ready to manage the repeal of the Subdivision of Agricultural Land Act, 1970 (Act 70 of 1970) should there be gaps in the legislation as a result of said repeal. There is still uncertainty at this stage regarding the provisions the new Preservation and Development of Agricultural Land Act may contain. This Act is not yet ready for implemetation and previous versions that were made available contained several problematic proposals. The Department of Environemntal Affairs and Development Planing is, however, committed to working with our provincial and national colleagues to make the act practicable in order to preserve farms as economically viable units, to protect our agricultural resources for future generations and to ensure food security.
