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National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 4 : Transport Planning

35. Provincial Land Transport Frameworks

 

(1) Every MEC must prepare a five-year Provincial Land Transport Framework in accordance with the requirements prescribed by the Minister after consultation with all the MECs.

 

(2) The Provincial Land Transport Framework must provide a transport framework as an overall guide to transport planning within the province, being guided by the National Land Transport Strategic framework.

 

(3) Provincial Land Transport Frameworks must include the planning of both intraprovincial and interprovincial long-distance services, which must be linked where applicable with other public transport services, and may provide for charter services and staff services, and in the case of interprovincial transport, this must be done in consultation with the MEC of the other province or provinces concerned.

 

(4) The Minister must, as soon as possible after the commencement of this Act, in consultation with the MECs and by notice in the Gazette, determine a date by which each province must have prepared its Provincial Land Transport Framework.

 

(5) All Provincial Land Transport Frameworks must include routes for the transporting of dangerous goods through the province, as reflected in the integrated transport plans within its jurisdiction.

 

(6) The dates for preparing integrated transport plans must be linked to the Provincial Land Transport Frameworks and must be as agreed upon by the MECs and planning authorities.

 

(7) The Provincial Land Transport Framework must summarize all available integrated transport plans in the province.

 

(8) The last Provincial Land Transport Framework prepared under the Transition Act is regarded for all purposes as the Provincial Land Transport Framework prepared in terms of this Act, until the new Provincial Land Transport Framework has been approved by the MEC.

 

(9) The MEC must update the Provincial Land Transport Framework every two years.

 

(10) The Provincial Land Transport Framework must be submitted to the Minister for approval on or before the date determined under subsection (4) and must be accompanied by copies of all agreements regarding interprovincial transport concluded between the province and other provinces.

 

(11) The Minister's approval in terms of subsection (10) is limited to—
(a) monitoring compliance with the National Land Transport Strategic Framework and with this Act and other applicable legislation;
(b) procedures and financial issues that affect the national government;
(c) seeing that the MEC followed the correct procedures and otherwise complied with the prescribed requirements;
(d) national policies and principles regarding interprovincial and cross-border transport; and
(e) modes and aspects of transport under the control of the national government or national public entities.