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

Part 3 : Strategic integrated projects

8. Designation and implementation of strategic integrated projects

 

 

(1)        The Commission may, by notice in the Gazette—

(a)        designate strategic integrated projects for the purposes of this Act; and

(b)        amend the designation of a strategic integrated project.

 

(2) If the Commission designates a strategic integrated project which must be implemented, it must determine whether the state has the capacity to implement the project or whether the whole or part of the project must be put out to tender or procured through another form of procurement allowed by the Public Finance Management Act, 1999 (Act No. 1 of 1999).

 

(3)
(a) Such Minister as the Commission may determine must, whenever the Commission decides that a strategic integrated project or any part thereof must be implemented and put out to tender by notice in the Gazette and in at least one national newspaper, request the relevant accounting officers or accounting authorities to call for such tenders.
(b) The request to the relevant accounting officers or accounting authorities must be made in consultation with the Members of Cabinet responsible for the portfolios under which the infrastructure components fall.

 

(4)
(a) Every organ of state must ensure that its future planning or implementation of infrastructure or its future spatial planning and land use is not in conflict with any strategic integrated project implemented in terms of this Act.
(b) Paragraph (a) does not derogate from any power of a province or municipality to implement any infrastructure project which falls outside the ambit of a strategic integrated project.
(c) Any dispute which arises in the application of paragraph (a) must be resolved in terms of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), subject to any national legislation regulating spatial planning and land use management.