Legal Structure of the Department
Objective
Transportation planning and coordination
takes place based on the provision of both national and
provincial legislation. Important here is the
relationship between various structures that oversee
transportation planning, implementation and management.
This section briefly outlines these various relationships
and its manifesting impact on
transport.
The national legislation that bears on
the operation and activities of
the Eastern cape
Province are
summarised as follows:
-
National legislation and policy
relating to Railway Infrastructure, Road Transport,
Maritime Transport, Aviations &
Environment;
-
Provincial legislation relating to
all forms of transport by; rail, road air and sea for
the nine
provinces;
-
Policies and other documents in the
transportation
sector
-
National Land Transport Transition Act 22 of
2000
-
National Railway Safety Regulation
Act 16 of 2000
-
Legal Succession to the South
African Transport Services Act 9 of
1989
-
Railway Acquisition and Construction
Act 10 of 1936
-
Railway Construction Act 75 of
1985
-
Railway Purchase Act 25 of
1971
-
National Road Traffic Act 93 of
1996
-
Urban Transport Act, 78 of
1977
Public
Road Transport
-
Road Transportation Act 74 of
1977
-
Urban Transport Act 78 of
1977
-
National Road Traffic Act 93 of
1996
-
Cross-Border
Road Transport Act 4 of
1998
-
Transport Appeal Tribunal Act 39 of
1998
-
The National Land Transport Transition Act 22 of
2000
-
National Road Traffic Act 93 of
1996
-
The Administrative Adjudication of
Road Traffic Offences Act 46 of 1998 (AARTO
Act)
-
The Road Traffic Management
Corporation Act 20 of 1999 (“the RTMC
Act”)
-
The National Road Traffic Amendment Act 21 of
1999
-
The National Land Transport Transition Act 22 of
2000
-
The Finance and Financial
Adjustments Acts Consolidation Act 11
of1977
- Roads
-
The South African National Roads
Agency Limited and National Roads Act of
1998
-
The National Roads Act 54 of
1971
-
The South African Roads Board Act 74
of 1988
-
The Urban Transport Act 78 of
1977
-
The National Land Transport Transition Act 22 of
2000
-
The Advertising on Roads and Ribbon
Development Act 21 of
1940.
-
Sea Shore Act 21 of
1935
-
Cape Town Foreshore Act 26 of 1950 -
assigned to the Province of Western Cape:
Notice
-
R.165 of 31/10/94 - GG
16049
-
Merchant Shipping Act 57 of
1951
-
Defence Act 44 of
1957
-
Customs and Excise Act 91 of
1964
-
National Parks Act 57 of
1976
-
Dumping at Sea Control Act 73 of
1980
-
Marine Traffic Act 2 of
1981
-
Marine Pollution (Control and Civil
Liability) Act 6 of
1981
-
Admiralty Jurisdiction Regulation
Act 105 of 1983
-
Carriage of Goods by Sea Act 1 of
1986 - Schedule amended by the Shipping General
Amendment Act 23 of
1997
-
Marine Pollution (Prevention of
Pollution from Ships) Act 2 of 1986 – Schedule
amended by the Shipping Laws Amendment Act 57 of
1998
-
Marine Pollution (Intervention) Act
64 of 1987
-
Sea Fishery Act 12 of
1988
-
Legal Succession to the South
African Transport Services Act 9 of
1989
-
Maritime Zones Act 15 of
1994
-
Wreck and Salvage Act 94 of
1996
-
Counterfeit Goods Act 37 of
1997
-
South-African Maritime Safety
Authority Act 5 of
1998
-
South-African Maritime Safety
Authority Levies Act 6 of
1998
-
Marine Living Resources Act 18 of
1998
-
National Water Act 36 of
1998
-
Shipping Laws Amendment Act 57 of
1998
-
Ship Registration Act 58 of
1998
-
National Environmental Management
Act 107 of 1998
(NEMA)
-
National Heritage Resources Act 25
of 1999 - includes protection of
wrecks
-
World Heritage Convention Act 49 of
1999
-
Sea Transport Documents Act 65 of
2000
-
Immigration Act 13 of
2002
-
Defence Act 42 of 2002 - deals with
SA Navy, which is designated as
Hydrographer
-
South African Maritime and
Aeronautical Search and Rescue Act 44 of
2002
-
Disaster Management Act 57 of
2002
-
National Environmental Management:
Protected Areas Act 57 of
2003
-
National Health Act 61 of
2003
-
National Ports Act 12 of
2005.
-
Carriage by Air Act, 17 of
1946
-
Aviation Act, 74 of
1962
-
The Chicago Convention
-
Civil Aviation Offences Act, 10 of
1972
-
Air Services Licensing Act, 115 of
1990
-
Airports Company Act, 44 of
1993
-
Air Traffic and Navigation Services
Company Act, 45 of
1993
-
International Air Services Act,60 of
1993
-
Convention on the International
Recognition of Rights in Aircraft Act, 59 of
1983
-
South African Civil Aviation
Authority Act, 40 of
1998
-
South African Maritime and
Aeronautical Search and Rescue Act, 44 of
2002
-
International Air Services Act, 60
of 1993
-
Space Affairs Amendment Act, 64 of
1995
-
Shipping and Civil Aviation Laws
Rationalization Act, 28 of
1994
-
National Environmental Management:
Air Quality Act, 39 of
2004
-
Environmental Laws Rationalization
Act, 51 of 1997
-
Safety Matter Rationalization Act, 0
of 1996
With transport being central to
sustainable development in the Eastern Cape improved mobility and
accessibility for all the inhabitants of the Province can
only occur within the sphere of an effective and
efficient management and institutional framework. The
Eastern Cape Department of Transport’s transport planning
process guides transport planning performed by all
municipal transport planning authorities and includes the
following aspects:
-
Policy and
legislation;
-
Institutional frameworks;
and
-
Co-ordinated transport planning
process.
The Eastern Cape Province is to ensure co-ordination between
the different transport planning authorities, affected
provincial departments and the NDoT. The following four
aspects are covered:
(i)
Co-ordination measures and
structures.
(ii)
Measures to resolve possible conflict
between transport and land use
planning.
(iii)
Measures to ensure co-ordination of
inter-provincial public transport
services.
(iv)
Programme for the preparation of
transport plans.
Port Elizabeth, East London and Umtata areas are proclaimed as
Metropolitan Transport Areas (MTAs) and they still submit
Interim Transport Plans on an annual basis. CPTRs have
also recently (in 1999 and the first part of 2000) been
completed for PEMET and ELMET.
The NDoT funded three restructuring
demonstration projects for areas to become transport
authorities. In PEMET (now Nelson Mandela Metropolitan Municipality) this project delayed in December 2000
just before the implementation of the Local Government:
Municipal Structures Act, 1999. The ELMET (now
Buffalo City) area is currently busy with a
restructuring process for the establishment of a
transport authority in the
area.
| 