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Urban and Regional Planning Act (No. 5 of 2018).

Country
Type of law
Legislation
Source

Abstract
This Act establishes a legal framework for spatial planning in Namibia. "Spatial planning means - (a) the preparation, approval and review of a national spatial development framework, regional structure plan or urban structure plan; (b) preparation, approval and review of zoning schemes; (c) regulation of development; and (d) land management, which is the regulation and management of land use and conferring of land use rights through the use of zoning schemes and other procedures set out in this Act; to facilitate the allocation of land to the uses that provide the greatest sustainable physical, economic and social benefits and well-being. The objects of this Act are to - (a) provide for a uniform, effective and integrated regulatory framework for spatial planning in Namibia; (b) provide for principles and standards of spatial planning; (c) decentralise certain aspects of spatial planning in Namibia; (d) ensure that spatial planning promotes social and economic inclusion; (e) ensure that there is equity in the spatial planning system; (f) redress past imbalances in respect of access to land, land ownership and land allocation; and (g) promote the national land reform objectives.
The Act establishes the Urban and Regional Planning Board. The Act also provides for the establishment of townships. The Board must advise the Minister in all matters relating to the spatial planning (national spatial development framework, establishment of townships, zoning schemes, approval of subdivision and consolidation of land, etc.) and may recommend to the Minister legislative reforms in the area of spatial planning. Principles and standards of spatial planning concern, among other things, redressing past imbalances in respect of access to land, land ownership and land allocation and the protection of the environment including its biological diversity.
Townships shall be approved by a procedure which depends upon whether or not the township is in a local authority area which has an authorised planning authority and which is in accordance with the urban structure plan which has been approved in terms of this Act. One of the criteria for approval of a township regards the protection or preservation of cultural and natural resources, including agricultural resources, unique areas or features and biodiversity.
The Board shall decide on applications for approval of subdivision and consolidation of land. On the coming into operation of a zoning scheme, the relevant local authority may by written notice request the owner of land in the area to which the zoning scheme applies to undertake certain action in respect of subdivision of land. Subject to any other law dealing with the subdivision of land, a person may not subdivide or consolidate land unless that subdivision or consolidation is approved in terms of this Act.
Long title of text
An Act to consolidate the laws relating to urban and regional planning; to provide for a legal framework for spatial planning in Namibia; to provide for principles and standards of spatial planning; to establish the urban and regional planning board; to decentralise certain matters relating to spatial planning; to provide for the preparation, approval and review of the national spatial development framework, regional structure plans and urban structure plans; to provide for the preparation, approval, review and amendment of zoning schemes; to provide for the establishment of townships; to provide for the alteration of boundaries of approved townships, to provide for the disestablishment of approved townships; to provide for the change of name of approved townships; to provide for the subdivision and consolidation of land; to provide for the alteration, suspension and deletion of conditions relating to land; and to provide for incidental matters.
Date of text
Notes
This Act repeal enactment listed in Schedule 2, notably the Town Planning Ordinance, 1954 and the Townships and Division of Land Ordinance, 1963 and amendments made to those enactments.
Repealed
No
Serial Imprint
Government Gazette of the Republic of Namibia No. 6631 of 20 June 2018.
Source language

English

Legislation Amendment
No