InfrastructureBill, 2003 intheNationalAssemblyin 2003. TheBillas it is to be introduced together witha Memorandum on the Objects of the Bill, are hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
"prescribe" 'means prescribe by regulation in terms of this Act; '. ...
"record" means a record as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No.
Application of Act..
technical, and framework the management, maintenance, integration, distribution and use of spatial information.
TheMinistermay, in accordancesection 231 oftheConstitution, enter into an agreement with any person or body, within and outside the Republic of South Africa, with a view to promoting any matter relating to the management and utilisation of spatial information.
The Committee for Spatial Information is hereby established.
a request to affected organs of state and other bodies contemplated in subsection (2).
An alternate member shall be appointed for every committee member.
The Minister must appointfromamongthemembers of the Committee a chairperson anda deputy chairperson.
When the chairperson is unable to perform the functions of that office, they shall be performed by the deputy chairperson.
TheDirector-Generalmust, within 30 daysfromthedate of appointment of the members of the Committee, publish the names, the position held by each appointee to the Committee, and the date of each appointment, by notice in the Gazette.
any matter regarding the capture, management, maintenance, integration, distribution and use of spatial information; and any matter the Committee considers necessary or expedient for achieving the purpose of the Act.
is a political representative at the national, provincial or municipal spheres of government; or is. not, in the Minister's opinion,, fita and proper personto.be, so appointed.
The first meeting of the Committeemust be held at thetimeandplace determined by the Minister, and subsequent meetings must be held at such times and ,; Dlaces as may bedetermined by the Committee..
stating the purposeof the meeting.
A decision of the majority of the members of the Committee present at any meeting constitutes a decisionof the Committee.
In the eventofanequalityofvotes, thechairpersonhas a casting vote in addition to his or her deliberative vote.
A decision taken by the Committee or an act performed under the authority of the Committee, is not invalidby reason only of a vacancyon the Committee or that a person who is not entitled to sit on the Committee, sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act authorised by the requisite majorityof the membersof the Committeewho were present at the time and entitledto sit as members.
The may sub-committees the performance of its functions.
TheCommitteemayappointasmembers of a sub-committee persons who are not members of the Committee.
The Committee may designate one of the members of a sub-committee as chairperson of the sub-committee.
Capture and publishing of metadata information held by it in accordance with this Act.
and including it inamanualonfunctions as described in section 14 of the Promotion of Access to Information Act,2000.
Theprovisions of thePromotion of Access to Information Act, 2000 relating to the manner and refusal of access to records apply to any matter regulated in terms of this Act.
provide the relevant metadata together with the spatial information.
A datacustodianmay, in the prescribedmanner, appoint a data vendor to supply products derived from the data custodian's dataset.
A data custodian of a base data set must, in the absence of an agreement contemplated in this section, furnish all updates of spatial information of the base data set to the data custodian of a derivative data set, within a prescribed period, in orderto ensure synchronised updatesof the twodata sets.
A data custodian of a derivative data set, must update the data set within a prescribed period after receiving an update of the base data set.
TheMinistermay, in general or in a particularcaseor 'in cases of a particular nature, in writing delegateto the Director-General or any officer, in the service of the national government any power conferred upon him or her in this Act.
person is liable foranythingdone in good faith in the exerciseor performance or purported exerciseor performanceof any power or duty in terms of this Act.
This'Act is called the Spatial Data InfrastructureAct,.2003,and comes int0 operation ona date to be determined bythe President by proclamation in the Gazette.
1.1 The Department of Land Affairs ("the Department") was mandated by the Cabineton 29 April 1999 tolead the development of a National Spatial Information Framework to advance unimpeded accessto and use of SpatiaVgeographicinformation held by theStatefor effective and efficient governance, planninganddecision-making. A necessaryingredient of this framework is the determination of a policy which promotes access to existing spatiallgeographic information, the integrationofsuch information from diverse sources and the re-use of such information.
toPromote the efficient and effective use of the State's spatial/geographic information resources by the sharing of the information; and to give effect to the constitutional right of access to information held by the State, as well as information held by.other persons, ifthe information required for the exercise or protection of rights.
3.1 Clause 1 of the Bill provides for the definitions.
3.2 Clause 2 deals with the application of the Bill.
3.3 Clause 3 provides for the establishment and objectives of the South African Spatialinformation Infrastructure (SASDI). The SASDI will be the national technical, institutional and policy framework facilitating the capture, maintenance,.. integration, distribution and use of spatial information as well as eliminating duplication in the capturing of spatial information.
3.4 Clause 4 provides the powers and functions of the Minister.
3.5 Clause 5 provides for the establishment and composition of the Committee for Spatial Information.
3.6 Clause 6 outlines the powers and functions of the, Committee which' include advising the Minister on matters relating to the use and management of spatial information as well as facilitating, promoting and safeguarding an environment for efficient collection and distribution of spatial information.
3.7 Clause 7 specifies the term of office for members of the Committee.
3.8 Clause 8 outlines the grounds for disqualification as a member of the Committee and vacation of office. it compels the Minister not to appoint to the committee a person who isanunrehabilitatedinsolvent, declared by a court of law to be mentally incompetent, has been removed from an office of trust on account of misconduct etc.
3.9 Clause 9 outlinestheprocedure for meetings of the Committee, which include thequorumformeetings, the convening of specialmeetings and decision- making.
3.10 Clause 10 dealswith the establishment of sub-committees to assist the Committee in the performance of its functions.
3.12 Clause 12 requiresdatacustodians to capture and maintain metadata for any spatial information in accordance with. the provisions of the Bill. The clause also empowerstheMinister to exempt any data custodian or any type ofexercise from the provisions of any regulations dealing with the capture or maintenanceof spatial information.
3.13Clause 13 makes the provisions of the Promotion of Access to Information Act, 2000 relating to the manner andrefusal of access to records applicable to matters regulatedin terms of the Bill.
3.14 Clause 14 deals with the appointment of data vendors and their obligations with regardto the supplyof spatial information.
3.15 Clause 15 deals with licensing agreements on the use of spatial/geographic information between a data custodian or a datavendorand auser. It also prescribes the information which must be contained in the agreement.
3.16 Clause 16 contains provisions with regard to the entering into of collaborative agreements between custodians of base data sets and custodians of derivative data sets, in order to ensure synchronised updates of the data sets. The clause also prescribes the information which must be contained in the agreement.
3.17 Clause 17 provides a procedure for reporting a deficiency in the quality of spatial information to the data custodian from whom the information is obtained.
3.18 Clause 18 places a responsibility on a data custodian to take reasonable steps against the loss of, or unauthorised or unlawful access to spatial information, held by such custodian, and ensure the protection of the copyright of the State in such information.
3.19 Clause 19 provides for the delegation of power by the Minister or the Director- General.
3.20 Clause 20 provides for the making of regulations by the Minister.
3.21 Clause 21 contains the short title of the Bill and also provides for the date of commencement once the Bill becomes anAct of Parliament.
The Bill has been workshopped and consultative meetings held in all Provinces with both public and private bodies, and have also been publishedin the Gazette for comments. A large number of comments havebeen received and the Bill accommodates, as far as possible, the comments received.
Theavoidance of duplication of data collection will result in cost saving to the country. Consultants would no longer be able to manipulate the system by selling was paid for by government in the first place. In addition policy alignment within information for planning and development. The improved information flow among improve interoperability of spatial data and'systems. The capture and publication of metadata would not only facilitate access to spatial information but also save the state millions of Rands.
The State Law Advisors and the Department of Land Affairs are of the view that this Bill must be dealt with in accordancewith the procedures established by section 75 of theConstitution, since it contains no provision to which the procedures setout in section 74 or. section76 of the Constitution apply.