Legislation: Development Facilitation Act 1995

Development Facilitation Act 1995
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Development Facilitation Act
No. 67 of 1995

The Act allows for facilitation of reconstruction and development programmes and successful and rapid implementation thereof. It also provides for the establishment of a Development and Planning Commission to advise government on policy related matters. Land development objectives need to be formulated and implemented, national uniformity needs to be achieved as far as procedures for subdivision and development of land in urban and rural areas is concerned. Provision of subsidies and loans for end-users should be made available as early as possible.

The main purpose of the Act is to prescribe land development procedures with both to land use that includes and land use that excludes small scale farming. Different procedures for the two different situations are prescribed. It also deals with land tenure matters.

A number of mechanisms were however introduced to support the land development procedure. In order to make it easier to evaluate a specific land development application, land development objectives must be developed for the entire area. This assures effective holistic planning. A development tribunal is also established to adjudicate on any dispute with regard to planning-related actions.

An important part of the Act is the general principles for land development as set out in section 3 and supported by section 2. They include principles that policy, administrative practice and laws should, broadly speaking, support effective integrated planning, the optimal use of existing resources, the promotion of sustainable development, the requirement that land use should be judged on its merits and many more. Although these principles were framed specifically for land development, the close integration between the use of land as a resource and water as a resource, means that the principles should also be applied in the use of water.

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