Land Acquisition - Wind Energy - Revision history

Lisafeldmann at 11:27, 30 June 2015

2015-06-30T11:27:50Z

Wiki Gardener at 13:59, 28 December 2014

2014-12-28T13:59:42Z

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Wiki Gardener: /* Further Information */

2014-11-14T11:52:48Z

Further Information

Ranisha at 12:19, 29 August 2014

2014-08-29T12:19:52Z

Ranisha at 10:03, 12 August 2014

2014-08-12T10:03:34Z

Ranisha: /* Further Information */

2014-08-01T12:02:33Z

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Wiki Gardener at 14:15, 12 June 2014

2014-06-12T14:15:23Z

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Katharina Wiedemann at 09:03, 16 May 2012

2012-05-16T09:03:20Z

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Katharina Wiedemann at 08:54, 16 May 2012

2012-05-16T08:54:46Z

Nils Marscheider at 15:21, 27 August 2011

2011-08-27T15:21:43Z

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 [[Portal:Wind|► Back to Wind Portal]]
 = Overview<br/> =
 The report "[http://www.westerncape.gov.za/other/2010/5/regional_regulatory_action_plan_final_report.pdf Development of Implementation Strategies for a Regional Regulatory Action Plan (RRAP) for the Western Cape]" prepared by [http://www.giz.de/en/html/index.html GIZ] sets out the possible land development regulatory hurdles to be cleared by a prospective investor in renewable energy<ref>The contents of this article have been prepared by the GTZ 2009: Development of Implementation Strategies for a Regional Regulatory Action Plan (RRAP) for the Western Cape. http://www.gtz.de/de/dokumente/gtz2009-en-regional-regulatory-action-plan-western-cape.pdf, Land Use Planning .pp. 21</ref>.
 <u>It assumes that the majority of proposed renewable energy developments, including [[Portal:Wind|wind]], [[Portal:Hydro|hydro power]] and [[Portal:Solar|solar thermal]] or [[Photovoltaic (PV)|Photovoltaic (PV)]], are likely to trigger off a number of regulatory requirements because they will require:</u>
 *subdivision of land; and
 *change of use of the land.
 <br/>
 = Land Use Planning<br/> =
 There may be some projects where a change in land-use is not required, such as some landfill gas projects or urban solar PV projects.<br/>A sub-division of land parcels may be required to facilitate the purchase of a smaller land parcel or may be connected to a subsequent consolidation of land parcels in order to reconfigure the cadastral boundaries of the land to meet the project’s needs.
@@ Line 20: / Line 27: @@
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 A number of pieces of legislation need to be complied with in the case of the subdivision of land.
@@ Line 38: / Line 47: @@
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 The legal processes related to a change of land use are distinct from those of sub-division although there is a relationship between the two (rezoning likely has to be approved prior to approval for subdivision being granted).
@@ Line 56: / Line 67: @@
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 In certain cases – determined by factors that include the scale of the proposed project, whether or not there is a need to demolish or change buildings over XY years old or whether the proposed project is on or near to a national or provincial heritage site – a permit has to be obtained. In all cases it is advisable to consult the responsible Agency, or a knowledgeable heritage management consultant. It can become likely that a Heritage Impact assessment is required.
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 The first step for a prospective investor is to deal with the land ownership issues. <u>He or she needs to do one of the following or, in some cases possibly a combination of the following in relation to different land parcels:</u>
 *purchase the land;
 *secure a lease agreement over the land; or
 *obtain the land-owner(s)’s written consent to the proposed project.
 <br/>
@@ Line 80: / Line 97: @@
 <u>Figure: Exemplary land rezoning and sub-division sequencing</u><ref>GTZ 2009: Development of Implementation Strategies for a Regional Regulatory Action Plan (RRAP) for the Western Cape. http://www.gtz.de/de/dokumente/gtz2009-en-regional-regulatory-action-plan-western-cape.pdf</ref>
 <br/>[[File:Land rezoning and sub-division sequencing example.JPG|thumb|center|180px|Figure: Exemplary land rezoning and sub-division sequencing]]
 <br/>
@@ Line 88: / Line 105: @@
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 There are some additional considerations that should be considered by developers in relation to securing the required rights to land.
 *Land Claims (e.g. there is a specific land claims process in South Africa which was established to provide redress to<br/>individuals or communities who were dispossessed of their land due to racially motivated legislation since 1913.)
@@ Line 99: / Line 119: @@
 *Water use licenses<br/>A renewable energy generator may require a water use license. A license could be required for all hydro-power schemes, even though the use is non-consumptive, as well as for any water used that is not from a service provider, local authority, water board, irrigation board, government water scheme or other bulk supplier.
 *Public Private Partnership regulations<br/>In the event that a renewable energy developer is entering into some sort of financial or contractual arrangement with a local authority or other government department it is possible that the arrangement may be viewed as a [[Public Private Partnerships (PPP) - Wind Energy|Public Private Partnership]].
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 <br/>
 = Further Information =
@@ Line 110: / Line 132: @@
 *[[Wind Projects - Site Selection - Rules of Thumb|Site Selection - Rules of Thumb]]<br/>
 *[[Standortwahl Wind|Standortwahl Wind]] (*German*)<br/>
 <br/>
 = References =
 <references />
 [[Category:Wind]]

@@ Line 83: / Line 83: @@
 [[Land Acquisition - Wind Energy#toc|►Go to Top]]
 = Further Information =
@@ Line 89: / Line 90: @@
 *[[Wind Projects - Initial Site Selection|Wind Projects - Initial Site Selection]]<br/>
 *[[Wind Projects - Site Selection - Rules of Thumb|Site Selection - Rules of Thumb]]<br/>
-*[[Site Selection Wind|Site Selection Wind]]<br/>
+*[[Standortwahl_Wind|Standortwahl Wind]] (*German*)<br/>
 = References =

@@ Line 1: / Line 1: @@
 [[Portal:Wind|► Back to Wind Portal]]
@@ Line 16: / Line 15: @@
 <br/>Most projects will also involve a change of land use. This triggers off requirements for approval in terms of e.g. land use planning ordinance, environmental acts, heritage acts. A requirement of all these laws’ procedures is that the applicants must either be the owner of the land in question or have the written consent of the land owner. If the applicant wishes to own the land then obviously he or she will need to engage in the purchase of that land by way of commercial transactions with existing land-owners. As noted above, in most cases such purchase will require the reconfiguration of existing cadastral boundaries, hence the assumption that subdivision will be required at some point in the land acquisition process. The applicant may decide to avoid actually owning the land but rather engage in long-term leasehold arrangements with existing owners. Either way, these processes will be concluded independently of regulatory authorities.
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 == Subdivision<br/> ==
@@ Line 32: / Line 31: @@
 '''The National Environmental Management ''''''Act (NEMA)'''<br/>The National Environmental Management Act (NEMA) requires an environmental authorization for certain subdivisions. This would be addressed as part of the Environmental Impact Assessment process.
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 == Change of Land Use<br/> ==
@@ Line 48: / Line 47: @@
 <br/>The purpose of a ‘Special’ zoning is to accommodate a situation where ‘special factors justify the creation of a new zone on the zoning map for a site or sites without justifying the creation of a new zone in the scheme regulations’. It could certainly be argued that the need to generate renewable energy is such a ‘special factor’. In the longer term however it would probably make sense to revise the scheme regulations to provide specifically for either renewable energy generically or specific types of renewable energy such as wind farms, solar thermal plants, mini-hydro schemes and so forth.
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 == Heritage Impact<br/> ==
@@ Line 54: / Line 53: @@
 In certain cases – determined by factors that include the scale of the proposed project, whether or not there is a need to demolish or change buildings over XY years old or whether the proposed project is on or near to a national or provincial heritage site – a permit has to be obtained. In all cases it is advisable to consult the responsible Agency, or a knowledgeable heritage management<br/>consultant. It can become likely that a Heritage Impact assessment is required.
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 == Sequencing<br/> ==
@@ Line 73: / Line 72: @@
 The third step is the various applications for subdivision and land use change. As indicated above in terms of LUPO subdivision cannot be permitted unless the land use zoning permits it, but the subdivision and rezoning applications can be submitted simultaneously. It is important to remember that two applications for subdivision have to be submitted, one in terms of LUPO and<br/>one in terms of the Subdivision of Agricultural Land Act, with the first submitted to the municipality and the second to the Department of Agriculture. It may well be that some municipalities have their own process of handing over subdivision applications to the Department of Agriculture.
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 = Additional Land Use Considerations<br/> =
@@ Line 83: / Line 82: @@
 *Public Private Partnership regulations<br/>In the event that a renewable energy developer is entering into some sort of financial or contractual arrangement with a local authority or other government department it is possible that the arrangement may be viewed as a [[Public_Private_Partnerships_(PPP)_-_Wind_Energy|Public Private Partnership]].
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 = Further Information =
@@ Line 94: / Line 93: @@
 <br/>
-[[Land Acquisition - Wind Energy#Overview|Go to Top]]
+[[Land Acquisition - Wind Energy#toc|►Go to Top]]
 = References =

@@ Line 1: / Line 1: @@
 = Overview<br/> =
@@ Line 14: / Line 16: @@
 <br/>Most projects will also involve a change of land use. This triggers off requirements for approval in terms of e.g. land use planning ordinance, environmental acts, heritage acts. A requirement of all these laws’ procedures is that the applicants must either be the owner of the land in question or have the written consent of the land owner. If the applicant wishes to own the land then obviously he or she will need to engage in the purchase of that land by way of commercial transactions with existing land-owners. As noted above, in most cases such purchase will require the reconfiguration of existing cadastral boundaries, hence the assumption that subdivision will be required at some point in the land acquisition process. The applicant may decide to avoid actually owning the land but rather engage in long-term leasehold arrangements with existing owners. Either way, these processes will be concluded independently of regulatory authorities.
-<br/>
+[[Land Acquisition - Wind Energy#Overview|Go to Top]]
 == Subdivision<br/> ==
@@ Line 30: / Line 32: @@
 '''The National Environmental Management ''''''Act (NEMA)'''<br/>The National Environmental Management Act (NEMA) requires an environmental authorization for certain subdivisions. This would be addressed as part of the Environmental Impact Assessment process.
-<br/>
+[[Land Acquisition - Wind Energy#Overview|Go to Top]]
 == Change of Land Use<br/> ==
@@ Line 36: / Line 38: @@
 The legal processes related to a change of land use are distinct from those of sub-division although there is a relationship between the two (rezoning likely has to be approved prior to approval for subdivision being granted).
-In the case of Western Cape - Changing the use of land – primarily in this case from Agricultural to a land-use zoning that<br/>permits, say, wind farming requires permission in terms of the Land Use Planning Ordinance as well as the National Environmental Management Act, 107 of 1998. The NEMA authorizations are dealt with elsewhere so this section focuses on permission in terms of LUPO. It is important to note that in the Western Cape there is a policy in place to the effect that an application for change in land-use may not be considered in terms of LUPO until the NEMA authorization has been granted.<br/>This clearly may introduce additional delays in the process.<br/>In terms of LUPO (section 14) all land in the Western Cape that does not fall within an existing zoning scheme is ‘deemed to be zoned in accordance with the utilisation thereof’ with effect from the date of commencement of the relevant ordinance (Ord. 15 of 1985) (LUPO). The process entails an enquiry of a factual nature into the purpose for, and manner in, which the land referred to was actually being used as at 1 July 1986, the date on which LUPO commenced. The current use of land, therefore, has no relevance in respect of a deemed zoning and in the case where the deemed zoning and current land use are at odds, a rezoning in terms of Section 17(1) of LUPO is required.<br/>Thus even though land has never been formally zoned for a particular use it is deemed to be zoned in terms of the most restrictive zoning that would nevertheless permit the use on the date on which LUPO commenced. So, for example, land that was being farmed will be deemed to be zoned ‘agricultural’ in terms of the applicable provincial zoning regulations. A prospective renewable energy developer is therefore likely to have to rezone the land on which the renewable energy facility falls, through an application to the municipality concerned.<br/>An applicant, unhappy with the outcome of a rezoning decision taken by a municipal Council, first has the right of appeal in terms of Section 62 of the Local Government Municipal Systems Act, 2000 (Act 32 of 2000). Once the process for applicant's exercising their right of appeal in terms of the Municipal Systems Act has been concluded, the applicant and any person who objected to such application, shall be afforded the right of appeal against such decision to the Minister of Local Government, Environmental Affairs and Development Planning in terms of Section 44(1) of LUPO.<br/>The Western Cape province has a set of general Zoning Scheme regulations, in terms of section 8 of LUPO, that apply to all land outside of specific, municipal Zoning Schemes. There is no zoning in terms of these regulations that would specifically permit the operation of a wind farm or other renewable energy development. Unless these regulations are changed by the Provincial government the best option would be for the rezoning of the land to ‘Special Zone’ (paragraph 3.28 of the regulations).<br/>The purpose of a ‘Special’ zoning is to accommodate a situation where ‘special factors justify the creation of a new zone on the zoning map for a site or sites without justifying the creation of a new zone in the scheme regulations’. It could certainly be argued that the need to generate renewable energy is such a ‘special factor’. In the longer term however it would probably make sense to revise the scheme regulations to provide specifically for either renewable energy generically or specific types of renewable energy such as wind farms, solar thermal plants, mini-hydro schemes and so forth.
+In the case of Western Cape - Changing the use of land – primarily in this case from Agricultural to a land-use zoning that<br/>permits, say, wind farming requires permission in terms of the Land Use Planning Ordinance as well as the National Environmental Management Act, 107 of 1998. The NEMA authorizations are dealt with elsewhere so this section focuses on permission in terms of LUPO. It is important to note that in the Western Cape there is a policy in place to the effect that an application for change in land-use may not be considered in terms of LUPO until the NEMA authorization has been granted.<br/>This clearly may introduce additional delays in the process.<br/>
-<br/>
+[[Land Acquisition - Wind Energy#Overview|Go to Top]]
 == Heritage Impact<br/> ==
-In certain cases – determined by factors that include the scale of the proposed project, whether or not there is a need to demolish or change buildings over XY years old or whether the proposed project is on or near to a national or provincial heritage site – a permit has to be obtained. In all cases it is advisable to consult the responsible Agency, or a knowledgeable heritage management<br/>consultant. It can become likely that a Heritage Impact assessement is required.
+In certain cases – determined by factors that include the scale of the proposed project, whether or not there is a need to demolish or change buildings over XY years old or whether the proposed project is on or near to a national or provincial heritage site – a permit has to be obtained. In all cases it is advisable to consult the responsible Agency, or a knowledgeable heritage management<br/>consultant. It can become likely that a Heritage Impact assessment is required.
-<br/>
+[[Land Acquisition - Wind Energy#Overview|Go to Top]]
 == Sequencing<br/> ==
@@ Line 63: / Line 73: @@
 The third step is the various applications for subdivision and land use change. As indicated above in terms of LUPO subdivision cannot be permitted unless the land use zoning permits it, but the subdivision and rezoning applications can be submitted simultaneously. It is important to remember that two applications for subdivision have to be submitted, one in terms of LUPO and<br/>one in terms of the Subdivision of Agricultural Land Act, with the first submitted to the municipality and the second to the Department of Agriculture. It may well be that some municipalities have their own process of handing over subdivision applications to the Department of Agriculture.
-<br/>
+[[Land Acquisition - Wind Energy#Overview|Go to Top]]
 = Additional Land Use Considerations<br/> =
@@ Line 70: / Line 80: @@
 *Land Claims (e.g. there is a specific land claims process in South Africa which was established to provide redress to<br/>individuals or communities who were dispossessed of their land due to racially motivated legislation since 1913.)
 *Servitudes and access<br/>In addition to securing access to the land itself, developers will, depending on the location of the land, need to secure road access to the land itself and access to the transmission or distribution network. In certain cases this may require negotiating access rights and servitudes over neighbouring farms or other land parcels.
-*Water use licenses<br/>A renewable energy generator may require a water use license. A license couldl be required for all hydro-power schemes, even though the use is non-consumptive, as well as for any water used that is not from a service provider, local authority, water board, irrigation board, government water scheme or other bulk supplier.
+*Water use licenses<br/>A renewable energy generator may require a water use license. A license could be required for all hydro-power schemes, even though the use is non-consumptive, as well as for any water used that is not from a service provider, local authority, water board, irrigation board, government water scheme or other bulk supplier.
-*Public Private Partnership regulations<br/>In the event that a renewable energy developer is entering into some sort of financial or contractual arrangement with a local authority or other government department it is possible that the arrangement may be viewed as a [[Public Private Partnerships (PPP) - Wind Energy|Public Private Partnership]].
+*Public Private Partnership regulations<br/>In the event that a renewable energy developer is entering into some sort of financial or contractual arrangement with a local authority or other government department it is possible that the arrangement may be viewed as a [[Public_Private_Partnerships_(PPP)_-_Wind_Energy|Public Private Partnership]].
 = Further Information =
 *[[Portal:Wind|Wind Portal on energypedia]]
-*[[Wind_Projects_-_Initial_Site_Selection|Wind Projects - Initial Site Selection]]<br/>
+*[[Wind Projects - Initial Site Selection|Wind Projects - Initial Site Selection]]<br/>
-*[[Wind_Projects_-_Site_Selection_-_Rules_of_Thumb|Site Selection - Rules of Thumb]]<br/>
+*[[Wind Projects - Site Selection - Rules of Thumb|Site Selection - Rules of Thumb]]<br/>
-*[[Site_Selection_Wind|Site Selection Wind]]<br/>
+*[[Site Selection Wind|Site Selection Wind]]<br/>
 <br/>
 = References =

@@ Line 74: / Line 74: @@
 <br/>
 = Further Information =
 *[[Portal:Wind|Wind Portal on energypedia]]
 <br/>
 = References =

@@ Line 47: / Line 47: @@
 <br>
-== Additional land use considerations<br>  ==
+== Additional land use considerations<br/> ==
-There are some additional considerations that should be considered by developers in relation to securing the required rights to land.<br>
+There are some additional considerations that should be considered by developers in relation to securing the required rights to land.
 == References<br>  ==