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Infrastructure Development Act, 2014 (Act No. 23 of 2014)

Part 1 : Definitions and objects of Act

1. Definitions

 

 

In this Act, unless the context indicates otherwise—

 

"accounting officer or accounting authority"

has the meaning assigned to those expressions in the Public Finance Management Act, 1999 (Act No. 1 of 1999), and the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);

 

"applicant"

means a person responsible for submitting to the relevant authority an application for an approval, authorisation, licence, permission or exemption relating to a strategic integrated project;

 

"approval, authorisation, licence, permission or exemption"

means any approval, authorisation, licence, permission or exemption which in terms of any relevant law requires one or more of the following—

(a)        the consideration of jurisdictional facts;

(b)        the consideration of certain requirements or criteria; or

(c)        the exercise of a discretion whether or not to grant the approval, authorisation, licence, permission or exemption;

and includes decisions in respect of environmental authorisations, zoning of land or any planning, use or development of land;

 

"Commission"

means the Presidential Infrastructure Coordinating Commission referred to in section 3(2);

 

"Council"

means the Council of the Commission;

 

"Department"

means the Economic Development Department;

 

"designate"

in relation to a strategic integrated project, means the designation in terms of section 8 by the Commission by notice in the Gazette of a specific project as a strategic integrated project;

 

"infrastructure"

means installations, structures, facilities, systems, services or processes relating to the matters specified in Schedule 1 and which are part of the national infrastructure plan;

 

"local industrialisation"

means procurement by the State, or a contractor or agency appointed by it, of locally-produced goods or services for an infrastructure project or programme;

 

"Management Committee"

means the committee established by section 6;

 

"Minister"

means the Minister responsible for economic development;

 

"national infrastructure plan"

means a plan adopted by the Commission for the development of public infrastructure;

 

"person"

has the meaning assigned thereto in section 2 of the Interpretation Act, 1957 (Act No. 33 of 1957), and includes any organ of state and also any co-operative, non-governmental organisation, community-based organisation or other organisation or association;

 

"prescribe"

means prescribe by regulation;

 

"public infrastructure"

means infrastructure owned by the state or infrastructure in relation to which a public-private partnership or a concession agreement exists;

 

"regulation"

means any regulation made under this Act;

 

"Secretariat"

means the Secretariat established by section 9;

 

"SIP"

means a strategic integrated project;

 

"SIP chairperson"

means the Minister designated by the Council as responsible for a SIP;

 

"SIP coordinator"

means a person or agency designated by the Commission to coordinate and facilitate the implementation of a strategic integrated project;

 

"state"

includes any organ of state, any public entity listed in Schedule 2 or 3 of the Public Finance Management Act (Act No. 1 of 1999), and any body established by statute;

 

"steering committee"

means a multidisciplinary steering committee appointed in terms of section 12;

 

"strategic integrated project"

means a public infrastructure project or group of projects contemplated in section 7 and may comprise of one or more installation, structure, facility, system, service or process relating to any matter specified in Schedule 1 or which had been added by the Council in terms of section 7(1)(a); and

 

"this Act"

includes any regulation, guideline or target made or issued in terms of this Act.