National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 2 : Institutional Arrangements for Land Transport12. Intergovernmental relations |
| (1) | A province may pass legislation or enter into an agreement with one or more municipalities in the province to provide for the joint exercise or performance of their respective powers and functions contemplated in this Act and may establish a provincial entity or similar body in this regard, subject to the Constitution and this section. |
[Section 12(1) substituted by section 8(a) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (2) | One or more adjacent municipalities may agree on the joint exercise or performance of their respective powers and functions contemplated in this Act, or may establish municipal entities in terms of the Systems Act for this purpose. |
| (3) | If the spheres of government cannot agree, subject to this Act, on the division of land transport functions between them, they must act in a manner and spirit consistent with the principles of co-operative government prescribed by section 41 of the Constitution and apply the provisions of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005). |
| (4) | A provincial entity contemplated in subsection (1) must at least be responsible for— |
| (a) | the functions as set out in section 11(1)(b)(ii), (iii), (iv), (vi) and (vii) and 11(1)(c)(vi), (ix), (xi), (xii), (xix), (xx), (xxii) and (xxvii); |
| (b) | the promotion and support of non-motorised transport; and |
| (c) | any other function which may be agreed upon by the province and the municipalities who are members of the provincial entity. |
[Section 12(4) inserted by section 8(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (5) | A provincial entity contemplated in subsection (1) may perform its functions in a municipality outside of or adjacent to the province, in agreement with— |
| (a) | the relevant municipalities; and |
| (b) | the other relevant province or provinces, after consultation with the Minister. |
[Section 12(5) inserted by section 8(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (6) | The agreement contemplated in subsection (1) must provide for governance, institutional mechanisms and funding for the functioning of the provincial entity. |
[Section 12(6) inserted by section 8(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (7) | The MEC must publish the agreement contemplated in subsection (1) and any subsequent amendments thereof in the relevant provincial Gazette. |
[Section 12(7) inserted by section 8(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]