Western Cape lapsed use rights for landowners almost reinstated

The process to reinstate the lapsed use rights of landowners in the province under the Western Cape Land Use Planning Ordinance [LUPO, 15 of 1985, Section 14(2)] has today passed two milestones.

The Standing Committee on Community Development of the Western Cape Provincial Parliament and this legislature has passed the Land Use Planning Ordinance Amendment Bill unopposed. The bill restores the lapsed rights, and extends it to 30 June 2011.

The committee has received 92 submissions in response to the Bill and 5 presentations were made as part of its public participation and consultation process. The majority supported the Bill.

The Bill will be submitted to Premier Lynne Brown for assent and then be promulgated to become an Act in the provincial gazette.

LUPO regulates land use planning in the province at local authority level.

Since the commenced of LUPO on 1 July 1986, the core principle of Section 14(2) was that use rights in question would have lapsed on 30 June 2001. The 15-year transitional period was lengthened to a grace period of 21 years by a number of Amendment Acts to expire on 30 June 2007.

This was to be extended with a further six months, but the then Premier only assented to the relevant Amendment Act on 2 July 2007 - two days after the rights had lapsed. It was then published in the Provincial Gazette on 5 July 2007 as if it was in force.

The local authorities and the industry were not aware of the lapsing of the use rights, and applications of various types have been submitted for consideration, and in some instances considered, as if the time period prescribed in Section 14(2) had not lapsed.

*The reinstatement will bring back certainty, stability and clear direction for local government and the industry,* says provincial Minister of Local Government, Environmental Affairs and Development Planning Pierre Uys.

Enquiries:

Cobus Grobler (media officer) 073 133 7299
Minister Uys 082 4555 144

Free marketing of products made with recycled material

Minister Pierre Uys, provincial minister of Local Government, Environmental Affairs and Development Planning, invites all people producing goods from recycled content material to advertise for free in a special Western Cape Recycled Products Catalogue.

This catalogue will follow the first edition compiled in 2008 and is the first such eco-efficiency initiative for a specialized guide in the country where everything recycled available for the home, garden, play and work in one province is showcased together at no charge.

The Provincial Department of Environmental Affairs and Development Planning has embarked on a programme of action to stimulate the recycling economy and to show people it is trendy to buy recycled. The Department endeavors to pro-actively stimulate growth and job creation in the province.

To this end two special exhibitions to showcase interesting gifts were held during the festive season last year. The catalogue was also widely distributed.

The *buy recycled* campaign aims to inform the public that the salvaging or separation of recyclables from waste is not enough to support the recycling industry. Collected or recovered waste material (recyclables) will end up at landfill facilities if there is no demand for products made from the recovered material.

The aim is to secure the supply of salvaged material, and to stimulate
the demand for recyclables going back into the manufacturing processes. Furthermore it is necessary to promote products made from reclaimed material, which is key in conserving scarce natural resources.

*By buying products made from recovered rather than virgin material, all contribute towards reducing energy consumption and green house gas emissions that speeds up climate change.

*In buying products made from recycled material consumers will also contribute towards saving on limited landfill space and conserve natural resources. Buying recycled products will further support the much needed job and opportunity creation in the province.

*Give a gift of conscience and be part of the solution to conserve our natural resources by reducing harm to our environment. It makes perfect environmental sense to reduce, reuse and recycle,* Minister Uys says.

Minister Uys invited all people who want their products included in the catalogue, to please phone (021) 483 2971 or send their information to ipwis@pgwc.gov.zabefore Tuesday 24 February 2009.

Enquiries:

Cobus Grobler (media officer) 073 133 7299
Minister Uys 082 4555 144

Minister invites input on proposed Cape Town landfill site

The Western Cape Minister of Local Government, Environmental Affairs and Development Planning, Pierre Uys, has written letters to all interested and affected parties with regard to the development of a new regional landfill site and infrastructure for the City of Cape Town.

Minister Uys must decide the appeals against the environmental authorisation issued on 16 July 2007 by the Director of Integrated Environmental Management.

In the planning process prior to the authorisation, some 75 possible sites were considered.

Two sites put forward by the applicant, the City of Cape Town, were comparatively assessed during the Environmental Impact Assessment (EIA) phase, as well as the option not to implement the activity.

The two sites are at Atlantis and Kalbaskraal.

The Atlantis site is on the farm Donkergat (portion of Brakkefontein) 6,5km south of Atlantis and surrounded by Duynefontein, Witsand informal settlement and the N7.

The Kalbaskraal site on the farm Bottelfontein between Kalbaskraal and Klipheuwel is 20km south of Malmesbury.

The director authorisedthe Atlantis site.

"I invited all interested and affected parties to register should they like to make oral representations at a possible appeal hearing. Once I concluded reviewing all the information and registrations, I will decide if it is realistic or necessary to hold such an appeal hearing," says Minister Uys.

Enquiries:
Cobus Grobler (media officer) 073 133 7299
Minister Uys 082 4555 144

Western Capeto reinstate lapsed use rights for landowners

Since the Western Cape Land Use Planning Ordinance (LUPO, 15 of 1985) commenced on 1 July 1986, the core principle of Section 14(2) was that use rights in question would have lapsed on 30 June 2001.

The 15-year transitional period was lengthened to a grace period of 21 years by a number of Amendment Acts to expire on 30 June 2007. This was to be extended with a further six months, but the then Premier only assented to the relevant Amendment Act on 2 July 2007 two days after the rights had lapsed. It was promulgated in the Provincial Gazette on 5 July 2007.

The problem is that the local authorities and the industry were not aware of the lapsing of the use rights, and applications of various types have been submitted for consideration, and in some instances considered, as if the time period prescribed in Section 14(2) had not lapsed.

LUPO regulates land use planning in the province at local authority level.

When LUPO commenced, any town-planning scheme in force under the Township Ordinance of 1934 (repealed by LUPO), was deemed to be a zoning scheme in force in terms of LUPO. The rights granted in terms of any such zoning scheme were preserved, valid and enforceable as if granted pursuant to the provisions of LUPO.

Where the zonings, and thus the rights upon which any applications dependent, no longer exist, the very basis of such application falls away.

This situation that has arisen in the middle of June 2007 (when I was the provincial Minister of Health), only came to my attention towards the end of last year (2008). I immediately instructed a legal opinion be obtained to look at the options to resolve the predicament amicably. And I had the local authorities informed in a circular.

I showed and have all intentions to rectify the situation.

I received this opinion yesterday (28 January 2009). After considering this I decided to speedily put a process in place to rectify the dilemma. I am preparing further extending legislation to submit to the provincial Cabinet and Western Cape Provincial Parliament to reinstate the unintended lapse of land use rights.

This will bring back certainty, stability and clear direction for local government and the industry, says provincial Minister of Local Government, Environmental Affairs and Development Planning Pierre Uys.


Enquiries:
Cobus Grobler (media officer) 073 133 7299
Minister Uys 082 4555 144

Western Cape Climate Change Strategy & Action Plan

The Western Cape Provincial Government is the first provincial authority on the continent to pioneer a strategy and action plan in response to climate change, says provincial Minister of Local Government, Environmental Affairs and Development Planning Pierre Uys.

The Western Cape Provincial Strategy and Action Plan was launched today Tuesday 27 January 09) in Milnerton. The main aim of this comprehensive document is to reduce the emission of green house gasses that speed up the effects of global warming, to mitigate the resultant effects and adaptation.

Premier Lynne Brown opened the event where leading climate change experts gave a provincial overview, and Minister Uys unveiled the Western Cape Strategy and Action Plan.

Premier Lynne Brown and her cabinet approved the strategy and action plan in November 2008. The strategy and action plan build on a study to determine the susceptibility of the Western Cape to global warming that will and is already affecting the province, and will be one of the most detrimentally impacted regions of the country.

The Western Cape is leading the way provincially in an area of international interest.

Climate change affects everyone and all individuals need to work to reduce, reuse and recycle in the common good of the region and the planet.

Some of the impacts that exposed the vulnerability of the Western Cape with its vast shoreline are floods in areas like the Overberg and Southern Cape, unusual spells of droughts with drier soils and reduced rainfall, conditions conducive to big wildfires, declining water levels inland, long term rising of sea levels and with extreme or erratic weather conditions. Even the Cape Floral Kingdom came under pressure with fynbos dieback due to heavy rains in the Outeniqua Mountains.

The Western Cape Provincial Government, the public and experts have joined forces with the strategy and action plan to respond efficiently and effectively to the challenges climate change brings and that would impact on wine and other farming, tourism, environmental resources like scarce water and quality air as well as trade across the province.

The Western Cape has already started various initiatives to reduce the dependency on fossil fuels, harnessing alternative energy sources that are renewable and sustainable, reducing waste, training teachers to assist the next generations to deal with the new challenges and to recognise opportunities that arise from a change in course.

This government also undertake exemplary action steps such as greening
offices or the workplace for savings, an energy audit with a view to
reduce its usage, putting up moveable ambient air quality monitoring
stations across the province, the roll out of 1 000 solar geysers to
poorer communities and promoting renewable energy.

As a caring and responsive government, the Western Cape plans to play a leading stewardship role.

In this regard legislation may follow to ensure more sustainability, a
green procurement policy, a dedicated climate change unit in the Department of Environmental Affairs and Development Planning, a desk to deal with a Clean Development Mechanism and intergovernmental relation building to work towards mitigation.

Focus will be on the poor and most vulnerable, partnerships, minimising the adverse impacts, to position the province to take advantage of emerging economic prospects, developing energy efficiency options and practical actions (such as in land use and development planning in constructing energy efficient buildings).

*We all have to change our behaviour, activities and attitudes. I challenge every citizen to take hands with this provincial Government in its target to reduce our reliance on fossil fuels with 15% over about 5 years and increase total consumption from renewable energy sources by 15%. Every one should reduce personal consumption in this regard. We all have to adapt now,* Minister Uys says.

Enquiries:
Cobus Grobler (media officer) 073 133 7299
Minister Uys 082 4555 144

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THE WESTERN CAPE CLIMATE CHANGE STRATEGY & ACTION PLAN AT A GLANCE

THE AIM
- to strengthen resilience to climate change, particularly in vulnerable economic sectors and communities
- by reducing the Western Cape*s carbon footprint to maintain the province*s status of having comparatively low greenhouse gas emissions

THE RESPONSE
- Government will lead partnerships with research institutions, industry and communities to minimise the impact of climate change to improve the knowledge of climate change
- Demand side management to control the use of resources (like water as South Africa is already a water scarce country) and utilities (like electricity) and other practical action , including the increased use of naturally available systems like orientating houses to make the best use of sunlight.
- Adaptation measures, including the use of alternative farming methods and development planning
- Mitigation through active reduction of carbon emission, including the use of cleaner fuels and efficient use of energy
- Identification of vulnerable natural and human environments, including water resources, bio-diversity, air quality and built environments at risk, for the most appropriate action

PROVINCIAL PRIORITIES & ACTION AREAS
- An integrated water supply and infrastructure management programme - researching the cost-benefit ration of irrigation, pricing strategies and water conservancy strategies;
- A clear link between land stewardship, livelihoods and economic activity * effective land use and researching the best possible way to strengthen vulnerable communities;
- A focused climate change research and weather information programme;
- A programme to reduced the provincial carbon footprint though energy efficiency (including transport), development of renewable and alternate sustainable energy resources and effective waste management;

SCENARIOS of IMPACT OF CLIMATE CHANGE

The likely climate change factors are a 1 degree Celsius increase in temperatures is expected by 2050, the drying up of water sources are likely to dry up with reduced rainfall and reduced soil moisture and an increase of extreme weather like flash floods, droughts and wildfires.

Specifically in the Western Cape, this could lead to:
- Impacts of crops due to higher temperatures and drier soils;
- Higher temperatures or heat waves which will stress the carbon footprint as demand for air-conditioning increases;
- Increased danger to human communities, the Cape*s biodiversity and infrastructure from wildfires;
- Increased sea levels which will heighten the risk of coastal flooding and also the intrusion of salt water into groundwater and wetlands.

You can download the full and summary reports from the departmental web site (see link on the sidebar of this blog) or from the drop at http://drop.io/dflclimatechange using the guest password "1amaguest" NOTE: The first character of the password is the numeral 1 (one)