DRAFT POLICY AND BILL ON PRESERVATION AND DEVELOPMENT OF AGRICULTURAL LAND FRAMEWORK
Against the background of the aforesaid court judgement with regard to Act 70 of 70, comes the somewhat disturbing news that DAFF is in the process of creating new legislation, ostensibly to supersede Act 70 of 70.
The objects of the aforesaid Bill (currently open for comment by affected parties) are inter alia to:
“2(a) regulate the subdivision, rezoning and protection of agricultural land; and
2(b)(ii) discouraging or prohibiting –
(aa) subdivision and rezoning of agricultural land that results in fragmentation of farming systems, reduced agricultural productivity and land degradation”
Yes, your eyes are not failing you. DAFF proposes to regulate the subdivision and rezoning of land which it considers to fall within its jurisdiction. Given that large tracts of land which fall within the various municipal areas throughout the country are held as farm portions and generally fall within the ambit of the definition of “agricultural land” as defined in the aforesaid Bill, it follows that, should the Bill be enacted in its current form, DAFF may well become the decision-maker of first instance with regard to the use and subdivision of any such farm portion.
On the face of it, the intentions of DAFF in this regard appear to be evidently unconstitutional, given the various constitutional court judgements which have decreed that a municipality (and only a municipality) may take decisions with regard to the use and subdivision of land within its area of jurisdiction. The issue of township establishment on farm portions which may possibly fall within the ambit of the definition of agricultural land, as contemplated in the aforesaid Bill, will be central to the controversy which is sure to result should this Bill be enacted in an unamended form.
The Association has responded extensively to the Bill (in opposing its approach and intent) and will keep members informed of any further developments. The proposed Bill and the response of the Association are posted on the website of the Association. Please visit www.saacpp.org.za for further information.
9 June 2015