REVIEW ACTIVITY OF MOZAMBIQUE TERRITORY PLANNING LEGISLATION
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The Legislative Package for Spatial Planning, currently in force, includes several legal documents that establish the main guidelines on land management in Mozambique, approved in 2006 and 2007.
After approximately 15 years of implementing this legislation, several aspects have proven to be inadequate, requiring adjustments and improvements to respond to the country's current socioeconomic situation and concerns about safeguarding the public interest.
The mission of territorial planning and management is, by nature, multidisciplinary. Most human activities have spatial implications and, therefore, require a discipline that promotes the concertation of interests of the various actors to guarantee the rationalization of space occupation and define new guidelines to be followed by public agents and society in general . The implementation of Territorial Planning Instruments (IPT) is still a challenge and therefore measures must be taken to ensure that the occupation of the territory takes place in an orderly manner and in compliance with the law.
The Activity NOSSO TERRITÓRIO Its objective is to review the Legislative Package for Spatial Planning, consisting of the following legal acts:
The specific objectives of the Activity NOSSO TERRITÓRIO are the following:
a) The alignment between the Spatial Planning Law and the Land Law;
b) The alignment between the Spatial Planning Law Regulation and the Urban Land Regulation;
c) The aggregation of the Spatial Planning Law Regulation with the Urban Land Regulation in a single document.
d) The integration of standards relating to the preparation of Plans for urbanized areas in the District capitals and establishing the respective powers for approval.
e) Analysis and improvement of the Chapter on infractions regarding fines/penalties.
f) The definition of a committee to monitor the process of preparing the Planning Instruments
g) Analysis and improvement of standards on deadlines for the initiation, preparation and completion of Planning Instruments
h) The definition of obligation/responsibility for the preparation of General/Partial Urbanization Plans and Detailed Plans for private entities holding
i) The introduction of a rule on deadlines for conformity opinions;
j) A integração no Pacote Legislativo para Ordenamento do Território de conceitos jurídicos e de princípios de política estatal;
k) The analysis of gaps in the legal framework of territorial planning: (i) legal and political dimension and structure of the State, (ii) ecological and cultural dimension, (iii) socio-economic and financial dimension, (iv) dimension of citizen participation, ( v) administrative and institutional dimension, and (vi) technical dimension;
l) The simplification of the Spatial Planning Law (LOT) and the respective Spatial Planning Instruments (IOT);
m) The integration of territorial planning in the context of the country’s administrative decentralization;
n) Alignment with the National Land Policy, under review.
The Activity NOSSO TERRITÓRIO comprises the sub-activities and will generate the following deliverables:
| Sub-Activity | Products |
|---|---|
| 1: Workshop and Work Plan | Workshop Report with a summary of the contents for the preliminary version of the new legislative package and the preparation of the Public Consultation of the four legal documents, containing contributions from the various actors; |
| 2: Preparation of the Public Consultation on the Legislative Spatial Planning Package | Report on the preparation of the Public Consultation of the four legal documents; Work Plan containing the methodology for how public consultations will be structured. |
| 3: Technical Analysis of the Spatial Planning Legislative Package (Policy, Law and Regulation) and the Urban Land Regulation. | Preliminary versions (draft) of proposed legal instruments: • Spatial Planning Policy; • Spatial Planning Law; • Regulation of the Spatial Planning Law and Urban Land Regulation, brought together in a single legal document. |
| 4: Public Consultations for Presentation of the Preliminary Version of the Legislative Package for Spatial Planning | Report with proposals for new legal instruments, including session minutes and list of participants. |
| 5: Final Version of the Revision of the Legislative Spatial Planning Package, with integration of the RLOT and RSU in a single diploma | Final Report on the New Legislative Spatial Planning Package. |
| 6: Presentation and submission to the Assembly of the Republic of the new Legislative Package (Policy, Law and with integration of RLOT and RSU in a single diploma) | Report of Ministerial Presentation Sessions (containing contributions and recommendations), Submission and Approval of New Legal Instruments: • Spatial Planning Law; • Spatial Planning Policy; • Regulation of the Spatial Planning Law that integrates the Urban Land Regulation into a single legal document. |