Council for the Built Environment Act [No. 43 of 2000]
REPUBLIC OF SOUTH AFRICA
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregis
CAPE TOVv’N, 1 DECEMBER 2000 vo~. 426 No.
KAAPSTAD, 1 DESEMBER 2000
No. 1301. 1 December 2000
it is hereby notified that the President has assented [O the following Act which is hereby published for general information:-
No. 43 of 2000: Council for the Built Environment A~i, 2000.
No. 1301. i Des
Hicrby word bekend ,gcmaak clat die Presider keuring geheg het aan d i e onderstaamie Wet wa algemene mligting gepubliseer word”—-
Sy goed- lierby ter
No. 43 \an 2000: \Vct op die Raad vir die 130u-omge\\ing, 2000,
7. NO. 2181X G(J\’ERh’MENT GAZETTE. I DECEMBER 2000
Act No. 43, 2000 COUNCIL FOR THE BUILr ENVIRONhlEN”r ACT. 2000
.—— _____ (English text signed by the President.)
(Assented to 26 November 2000.)
ACT To provide for the establishment of a juristic person to be known as the Council for the Built Environment; to provide for the composition, functions, powers, assets, rights, duties and financing of such a council; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa asfollows:— Definitions
1. h this Act, unless the context otherwise indicates— (i)
“built environment” means the field within which the registered persons 5 practise; “built environment professions” means the professions regulated by the professions’ Acts; “council” means the Council for the Built Environment contemplated in section 2; 10 “councils for the professions” means the— (a)
South Afnca~ Council for the Architectural Profession, established by the Architectural Profession Act, 2000; South African Council for the Project and Construction Management Professions, established by the Project and Construction Management 15 Professions Act, 2000; Engineering Council of South Africa, established by the Engineering Profession Act, 2000; South African Council for the Landscape Architectural Profession, established by the Landscape Architectural Profession Act, 2000; 20 South African Council for the Property Valuers Profession, established by the Property Valuers Profession Act, 2000; and South African Council for the Quantity Surveying Profession, estab- lished by the Quantity Surveying Profession Act, 2000;
“department” means the national department responsible for public works; 25 “Director-General” means the director-general of the national department responsible for public works; “Minister” means the Minister responsible for public works; “prescribed” means prescribed by regulation; “professional” means a person who is registered as such in terms of any of the 30 professions’ Acts; “professions’ Acts” means the— (a) Architectural Profession Act, 2000; (b) Project and Construction Management Professions Act, 2000; (c) Engineering Profession Act, 2000; (d) Landscape Architectural Profession Act, 2000; (e) Property Valuers Profession Act, 2000; and (1) Quantity Sumeying Profession Act, 2000; “registered person” means a person registered in terms of any of the professions’ Acts;
4 N().21SIS GOIERN.MENTG AZETTF;. 1 DECEMBER 200(J _—————. .—— .— .—-. _.— .—. ________
ict No. 43, 2000 COLlh’C1l. F’!JR lHi: E1.li T EN VI RONklENT ACT. 2000
“registrar” means a person :ippointed as registrzir under section 15(1 )(a); “relevant Minister” means a~y Minister, except the Minister responsible for public works, whose portfolio is affected by this Act: “this Act”’ includes the regulations; and “vo]untary association for the built environment professions” means any 5 voluntary association recognised as such by the councils for the professions in terms of any of the professions’ Acts.
Establishment of Council for the Built Environment
2. The Minister must, by notice in the Gazette and with effect from a date specified in such notice. establish a juristic person to be known as the Council for the Built 10 Environment.
Objects of council
3. The obiects of the council are to- (a) (b)
pr~mote and protect the interests of the public in the built environment; promote and maintain a sustainable built environment and natural environ- 15 ment; promote ongoing human resource development in the built environment; facilitate participation by the built environment professions in integrated development in the context of national goals; promote appropriate standards of health, safety and environmental protection 20 within the built environment; promote sound governance of the built environment professions; promote liaison in the built environment in the field of training, both in the Republic and elsewhere, and to promote the standards of such training in the Republic; 25 serve as a forum where the representatives of the built environment professions may discuss the relevant— (i) required qualifications;
(ii) standards of education; (iii) training and competence; 30 (iv) promotion of professional status; and (v) legislation impacting on the built environment; and
(i) ensure the uniform application of norms and guidelines set by the councils for the professions throughout the built environment.
Functions, powers and duties of council 35
4. The council may— (a)
advise government on any matter falling within the scope of the built environment, including resource utilisation, socio-economic development, public health and safety and the environment, and for this purpose carry out such investigations as it or the relevant Minister deems necessary; 40 communicate to the Minister information on matters of public importance acquired by the council in the course of the performance of its functions under this Act; make recommendations to the Minister on the composition, functions, assets, rights, employees or financing of the council; 45 advise the Minister with regard to the amendment of this Act, if necessary, in order to support the norms and values of the built environment professions; facilitate interministerial co-operation concerning issues relating to the built environment;
(> \(l.21xls GO\ ’ERN!vfEN’T CiAZEITE. 1 DECEMBER 2000 —-—— —-—_——.—— — .—
,ict X(). 43, mm COL’NCI1 F~J!l THE BliI1.T ENVIR(>N\lENT ACT, 2000
provide advice and consultation on national policy that could impact on the built environment, hurntin resource development in relation to the built environment professions, find the recognition of new professions; comment, if necessary. on all proposed legislation impacting on health and safety in the built environment; 5 direct communication from the Minister or the relevant Minister to the councils for the professions; advise the councils for the professions on matters of national importance where the needs of State. as communicated [o the council through the relevant Minister, require joint and co-ordinated action by the built environment 10 professions: coordinate the establishment of mechanisms for professionals to gain international recognition; ensure the consistent application of policy by the councils for the professions with regard te- 15 (i)
(ii) (iii) (iv) (v)
accreditation; the registration of different categories of registered persons; key elements of competence testing of registered persons; codes of conduct to be prescribed by the councils for the professions; the principles upon which the councils for the professions must base the 20 determination of fees which registered persons are entitled to charge in terms of any of the professions’ Acts, and in accordance with any legislation relating to the promotion of competition; standards of health, safety and environmental protection within the built environment; 25 the recognition of voluntary associations for the built environment professions, by approving the framework for that recognition submitted by the councils for the professions,
taking due cognizance of the characteristics of each built environment profession; 30 investigate or initiate investigations into matters pertaining to its functions and policies with regard to the built environment and, if necessary, recommend legislation in this regard; act as an appeal body with regard to matters referred to it in terms of the law. . regulating the built environment professions; 35 in consultation with councils for the professions, obtain recognition for the councils for the professions as bodies responsible for the establishment of education and training standards in terms of the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995); ensure the consistent application of policy throughout the built environment 40 by encouraging coordination between the councils for the professions; promote coordination between the Council on Higher Education and the councils for the professions in relation to the accreditation of education institutions; liaise with the Competition Commission, established in terms of the 45 Competition Act, 1998 (Act No. 89 of 1998), on behalf of the councils for the professions regarding the identification of work for the built environment professions; review fees published by the councils for the professions to ensure the consistent application of the principles regarding such fees; 50 charge— (i) membership fees in the prescribed manner from the councils for the
professions, calculated pro rata to the number of persons registered with that council;
(ii) fees payable for appeals in terms of section 21; and 55 (iii) any other fee it considers necess~y. institute legal proceedings to recove~ all outstanding membership fees payable under this Act; consider proposals from the councils for the professions with regard to the determination of pohcy contemplated in paragraph (k); 60 receive and assimilate the annual reports of the councils for the professions and submit a summary to the Minister;
x N(l. 218:$ GO\”ERXMENT GAZETTE. I DSCEMBER 2000 — — — - . —————...—..——_.-——_ —. .———
Act No. 43, 2000 C(IITNCII. FOR rHE B [JILT ENVIRC)N%RSNT ACT. 2000
purchase. hire or othemise acquire or dispose of property, borrow money on the security of the assets of the council or accept and administer any trust or donation; subject to this Act, approve standing orders for the regulation of its proceedings and of all other matters relating to the management, powers and duties of the council; perform such functions as may be prescribed; and generally. do all such things as the council deems necessary or expedient to achieve the objectives of t~is Act.
Composition of council
5. (1) The Minister must appoint the members of the council. (2) The council consists of the following members, taking into account, among other
things, the principles of transparency and representivity: ((?,)
One representative from the department. Not more than three persons nominated, from the nominations contemplated in section 6(2)(u) by state departments within whose functional areas the professions are also practised, taking due cognizance of provincial participa- tion. Two representatives nominated by each council for the professions, which representatives may be members of a council for the professions, a voluntary association for the built environment professions or any other person with appropriate expertise. Not more than four persons nominated, from the nominations contemplated in section 6(2)(b) by the public through an open process of public participation.
(3) (a) If a profession which is involved and active in the built environment establishes a council in terms of legislation similar to the professions’ Acts, that council may make a request to the Minister to be represented on the council.
(b) On receipt of’ a request contemplated in paragraph (a), the Minister may appoint representatives to the council in accordance with this section for the remainder of the term of office of the council.
Appointment of members of council
6. (1) For the purposes of the first term of office of the council— (a) the councils for the professions must, within 30 days from the date of the
publication of the notice of establishment of the council in the Gazette, submit in writing to the Director-General the names of the persons nominated by them for purposes of section 5(2)(c);
(b) the Minister must, for the purposes of section 5(2)(d), on the date of publication of the notice of establishment of the council in the Gazelte, invite nominations for representatives from the general public;
(c) the invitation referred to in paragraph (b), must be published in the Gazette and in any newspaper generally circulated throughout the Republic.
(2) For purposes of subsequent terms of office of the council— (a)
when nominations in terms of section 5(2)(a), (b) or (c) become necessary, the council must invite the department, state departments referred to in section 5(2)(b) and councils for the professions, respectively, to nominate within the period specified, persons who qualify for nomination in terms of section 5(2) (a), (b), or (c), respectively; when nominations in terms of section 5(2)(d) become necessary, the council must invite the public by notice in the Gazette and arty newspaper generally circulated throughout the Republic, to nominate persons for appointment to the council within the period specified in the notice from the date of the notice; the period referred to in the invitation and the notice must be at least 60 days; on receipt of any nomination the council must, within 30 days from the expiry date specified in the invitation and the notice, submit its recommendations to the Minister.
‘Act No. 43, 2000 CC)L’NC”l[.K)RTHF BLTI!.T I; NVIR(>NNTEXT,4CT. 20()()
(3) (a) If no nominations are submit[ed as contemplated in subsection ( 1 ) or (2), or if a council for the profession o!’ I-eferred to in subsection (1) taiis to submit the names of nominated persons to the l)irector-Gcner;il under subsection (l), the Director-General must immediately inform the Llinister of such fa~lure in writing.
(b) Inthecase of failure asco]ltempiated inparagraph (a). the Minister must appoint 5 the required number of persons who qualify to be appointed in terms of this Act, as members of the council.
(4) The Minister must, as soon as possible after the appointment of the members of the council, publish the names of the members of the council and the date of commencement of their period of office in the Ga:ette. 10
(5) The members of the council hold office for a period of four years calculated from the date contemplated in subsection (4).
Removal from off]ce
7. The Minister may remove a member of the council from ofice on account of misconduct or inability to perform his or her duties efficiently after due inquiry. 15
Disqualification, vacation of office and filling of vacancies
8. (1) (a) (b) (c)
A person may not be appointed as a member of the council if that person— is not a South African citizen and ordinarily resident in the Republic; is an unrehabilitated insolvent; has been convicted of an offence in the Republic, other than an offence 20 committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without an option of a fine, or, in the case of fraud, to a fine or imprisonment or both. subject to subsection (3), has been convicted of an offence in a foreign country and was sentenced to imprisonment without an option of a fine, or, in the case 25 of fraud, to a fine or imprisonment or both. has, as a result of improper conduct, been removed from an office of trust; has in terms of this Act been found guilty by the council of improper conduct; or in the case of persons referred to in section 5(2)(c) is not a registered person. 30
(2) A member of the council must vacate his or her office if he or sh~— -
(a) becomes disqualified in terms of subsection (1) from being appointed as a member of the council;
(b) resigns by written notice addressed to the registrar; (c) is declared by the High Court to be of unsound mind or mentally disordered or 35
is detained under the Mental Health Act, 1973 (Act No. 18 of 1973); (d) has, without leave of the council, been absent from more than two consecutive
meetings of the council; (e) is appointed in terms of section 5(2)(c) and ceases to be associated with the
council or voluntary association for the built environment profession that 40 nominated him or her;
(f) is appointed in terms of section 5(2)(b) and ceases to be employed by the State;
(g) ceases to be permanently resident in the Republic; or (h) is removed from office in terms of section 7. 45
(3) For the purposes of subsection (1)(d), the Minister must take cognizance of the prevailing circumstances in a foreign country relating to a conviction.
(4) If a member of the council dies or vacates his or her office before the expiration of his or her term of office, the Minister must, within 60 days from the date on which the vacancy occurred, appoint the person nominated by the council subject to section 5, to 50 fill the vacancy for the unexpired portion of the period for which that member was appointed.
]? No 2181s’ CWVERNNIEN’I GAZETJE. I DECEMBER 2000 . — — — — — — —
Ad N(). 43, 2000 CC) UNCTI. FOR THE BL’JI-T ENVIR.(lNhlENT ACT, 2000
Chairperson and deputy chairperson
9.( 1) The Minister must, in the prescribed manner, appcint a chairperson and a deputy chairperson for every newly constituted council.
(2) The chairperson and deputy chairperson hold office for the period of four years from the date of their appointment.
(3) The deputy chairperson must, if the chairperson is for any reason unable to act as chairperson, perform all the functions of the chairperson and may exercise all the powers of the chairperson.
(4) (a) If both the chairperson and the deputy chairperson are for any reason unable to preside at a council meeting, the memben present must elect one of the members to preside at that meeting.
(b) The person elected may, during that meeting, perform all the functions and exercise all the powers of the chairperson.
(5) If the office of the chairperson or the deputy chairperson becomes vacant, the Minister must, in the prescribed manner, appoint one of the members as chairperson or deputy chairperson, as the case may be, and the member so appointed holds 05ce for the unexpired portion of the period for which his or her predecessor was appointed.
(6) A chairperson or deputy chairperson may vacate office as such, and such vacation does not terminate his or her membership of the council.
Meetings of council
10. (1) (a) The Minister must, within 30 days from the date of the appointment of the council, determine the time and place of the first meeting of the council.
(b) The council must determine the time and place of any future meeting. (2) The council must hold at least two meetings in a year, but may hold more meetings
if necessary. (3) (u) The chairperson may at any time convene a special meeting of the council, to
be held on a date and at a place as determined by him or her. (b) The chairperson must, on written request by the Minister or a written request
signed by at least six members, convene a special meeting. (c) A special meeting contemplated in paragraph (b) must be held within 30 days from
the date of receipt of the request, on a date and at a place determined by the chairperson. (d) The written request contemplated in paragraph (b) must clearly state the purpose
for which the meeting is to be convened. (4) Subject to the approval of the council, any person who is not a member of the
council may attend or take part, but may not vote, in a meeting of the council.
Quorum and decisions
11. (1) The majority of the members of the council constitute a quorum at any meeting of the council.
(2) (a) A decision of the majority of the members of the council present at any meeting constitutes a decision of the council.
(b) In the event of an equality of votes the chairperson has a casting vote in addition to his or her deliberative vote.
(3) If the requisite majority of the members who are entitled to sit as members at a meeting of the council, make a decision or authorise an act at that meeting, the decision made or act performed under that authorization, is valid despite the fact that at that meeting a member who had become disqualified in terms of section 8(2) but had not vacated his or her office, sat as a member.
12. (1) (a) The council must have an executive committee consisting of the chairperson of the council and not more than three other members elected by the council.
(b) The council may appoint alternate members to the executive” committee. (2) A majority of the total number of members of an executive committee constitutes
[4 NO. 21818 GOf,; E: RNThlE\Tl GAZETTE, I DE(;EillBER 2,’)00 .—.— . . ..— —.. . . . . . . ..—-—— —-— .—.——.———— .— —___ .—— .——-—— - .——_— —-— ._
Act NrI. 43, 2000 COLTNCil. FO: