SPATIAL DATA INFRASTRUCTURE BILL

(SDIB)2003

2

DEFINITIONS

Provides for definitions of important terms used in the Bill

Clause 1

3

APPLICATION OF ACT

States that the Bill applies to organs of state which hold spatial information

Clause 2

4

ESTABLISHMENT AND OBJECTIVES OF SOUTH AFRICAN SPATIAL DATA

INFRASTRUCTURE

Objectives include:• Enhance access to spatial information• Management & maintenance of spatial information• Promote sharing of spatial information• Minimise duplication in the capture of Spatial

Information• Protection of the State’s copyright in spatial

information

Clause 3

5

POWERS OF MINISTER

• To prescribe standards and measures

• To determine fees and charges for spatial info

• To establish electronic meta data catalogue

Clause 4

6

ESTABLISHMENT OF COMMITTEE FOR SPATIAL INFORMATION

Mainly experts in spatial information

• Broadly representative– I representative of Minister– 2 DLA employees– 1 Stats SA– 1 DPLG– 1 other national departments identified by Minister– 2 local government (urban and rural)– 1 GITO council– 1 GIS profession– 1 GIS tertiary education– 1 public entities as per PFMA

Clause 5

7

POWERS AND FUNCTIONS OF COMMITTEE

Outlines the powers and functions of the CSI, which includes:

• Advising the Minister or an organ of state on matters relating to Spatial Information

• Facilitating, promoting and safeguarding an environment for efficient collection and distribution of spatial information

Clause 6

8

TERMS OF OFFICE OF MEMBERS

• 3 years

• Maximum of 2 consecutive terms (except where Minister extends)

Clause 7

9

DISQUALIFICATION AS MEMBER OF MEMBER

Outlines the grounds for disqualification as a member of CSI. It compels the Minister not to appoint to the Committee a person who is an unrehabilitated insolvent; is mentally ill; removed from an office of trust on account of dishonesty; etc

Clause 8

10

MEETINGS OF COMMITTEE

Provides the procedure for meetings of the CSI which includes the quorum for meetings, convening of special meetings and decision making

Clause 9

11

ESTABLISHMENT OF SUBCOMMITTEES

• Deals with the establishment and scope of powers of sub-committees in assisting the CSI to discharge its mandate

• Enhance effective and technical functioning of CSI

• Co-opt external support

• Clear ratification and reporting lines to CSI

Clause 10

12

SPATIAL INFORMATION STANDARDS & PRESCRIPTIONS

Provides for the determination and publication of standards and prescriptions by the Minister to facilitate the sharing and integration of spatial information, and requires organs of state to adhere to those standards and prescriptions

Clause 11

13

CAPTURE AND PUBLISHING OF METADATA

• Requires data custodians to capture and maintain

metadata for any spatial information in accordance with the provisions of the Bill

• Empowers the Minister to exempt any data custodian or any exercise from the regulations dealing with the capture or maintenance of spatial information.

Clause 12

14

MANNER AND REFUSAL OF ACCESS TO SPATIAL INFORMATION

Makes the provisions of the Promotion of Access to Information Act 2000 applicable to the manner of access to or refusal of access to spatial information

Clause 13

15

SUPPLY OF AND ACCOUNTABILITY FOR SPATIAL INFORMATION

Provides that:• Data Custodians may appoint Data vendors to

assist in the supply of spatial information; • Data Custodians to remain liable for

unmodified spatial information supplied by data vendors; and

• Compliance with regulated manner in which spatial information is supplied

Clause 14

16

AGREEMENTSS ON UTILISATION OF SPATIAL INFORMATION

Agreements on utilisation of spatial information

Prescribes information that must be contained in any agreement between data custodian and data vendor in respect of licensing agreements on the use of spatial information

Clause 15

17

COLLABORATIVE MAINTENANCE

prescribes the minimum information which must be contained in collaborative agreements between custodians of base data sets and custodians of derivative data sets, in order to ensure synchronised updates of the data sets.

Clause 16

18

REPORTING ON DATA QUALITY

provides a procedure for reporting deficiency in the quality of spatial information to the data custodian from whom the information is obtained

Clause 17

19

SECURITY OF SPATIAL INFORMATION

places a responsibility on a data custodian to take reasonable steps against the loss of, or unauthorised or unlawful access to spatial information, held by such custodian, and ensure the protection of the copyright of the State in such information

Clause 18

20

DELEGATION OF POWERS

provides for the delegation of power conferred on the Minister to the Director-General or other Government officials

Clause 19

21

REGULATIONS

provides for the making of regulations by the Minister

Clause 20

22

LIABILITY

Provides for the exclusion of liability for anything done in good faith in the performance of any power or duty in terms of this Bill

Clause 21

23

SHORT TITLE AND COMMENCEMENT

contains the short title of the Bill and also provides for the date of commencement once the Bill becomes an Act of Parliament

Clause 22

24

THANK YOU