Town and Country Planning Act, No. 4 of 2013.
Country
Type of law
Legislation
Abstract
This Act, comprising 57 sections, regulates the use and development of all land in Botswana in accordance with national development plans. Section 4 establishes a Director of Town and Country Planning for Botswana who is responsible for supervising land-use planning, maintaining departmental records and the register of physical planners, administering registration and disciplinary actions, publishing the annual register of planners, and carrying out any additional duties assigned by the Minister. Each council is designated as the planning authority responsible for its respective planning area. The Act establishes a framework for the registration, qualification, regulation, and discipline of physical planners in Botswana, requiring practitioners to meet prescribed qualifications, obtain annual registration, and comply with professional standards. The Director is responsible for maintaining the register, issuing and renewing certificates, and suspending or cancelling registrations for professional misconduct or non-compliance. It also provides mechanisms for appeals, restoration of registration, evidentiary use of the register, and penalties for unregistered practice. Part IV of the Act establishes the legal framework for declaring planning areas and regions, preparing regional and local development plans, and ensuring that these plans guide land use and development. It assigns responsibilities to the Minister and planning authorities for plan preparation, consultation with stakeholders, public participation, and environmental assessment. The Act also provides procedures for publishing, revising, approving, and bringing regional and local plans into effect following consideration of public objections and representations. Part V establishes the legal framework for controlling land development by requiring planning permission for most forms of development, setting out procedures for granting, refusing, modifying, or revoking permissions, and providing for Development Orders. It empowers planning authorities and the Minister to oversee development applications and enforce compliance through enforcement notices where unauthorized development occurs. The Part also establishes appeal mechanisms through the Land Tribunal and the High Court and prescribes penalties for failure to comply with planning and enforcement requirements.
Attached files
Web site
Date of text
Entry into force notes
This Act enters into force on such date as the Minister may, by Order published in the Gazette, appoint.
Repealed
No
Source language
English
Legislation Amendment
No