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Prime Minister Delegates His Author

Prime Minister Delegates His Authorities in Public Land Management to Minister of Local Development
The Prime Minister issued decree No. 279 of 2013 delegating the Minister of Local Development in exercising his authorities as the competent Minister in regards to the ratification of decisions taken by the National Center for Planning of State Land Usage (the “Decree”).[1]
Background
The background to this matter goes back to the Law on Public Authorities No. 61 of 1963[2] which granted the President the right to establish public authorities in order to manage a facility serving public interest or service. Based on this authority, the Presidential Decree No. 153 of 2001 was issued, establishing the National Center for Planning of State Land Usage[3] as a public authority subordinate to the Prime Minister. The Board of the Center is composed by a Prime Ministerial Decree, and it is headed by a Deputy Prime Minister. The Center's director is appointed by the Prime Minister based on the Defense Minister's nomination, and he/she is competent to manage the Center and conduct its affairs.
The Presidential Decree
The Presidential Decree further determined the competencies that the Center may perform in coordination with the concerned authorities including:
  • Enumerate and evaluate the State's lands outside the cities' and villages' borders, preparation of plans to develop and use these lands within the State's public policy without violating the State's defense affairs. This requires documenting the cities' and villages' cordon borders accounting for the possibility of future expansion, in addition to mapping and studying the opportunities of using these lands.
  • Assisting the State's concerned authorities in attaining the Properties Record.
  • Delivering each Ministry, a map of the lands assigned for its usage activities, in which it shall exercise the complete authority of allocation, supervision over usage, development and related actions, while coordinating with other Ministries.
  • Expression of opinion in the event of dispute between Ministries, Public Authorities and Local Municipalities or between these authorities and concerned individuals, regarding the authority competent to manage, exploit and act over any lands outside cities' and villages' borders assigned to any of these authorities.
  • Participation in choosing and deciding the areas required for implementing the State's new major projects as roads, railroads, harbors, airports, economic zones, etc.
A Positive Impact
As to the latest Decree issued by the Prime Minister, delegating the Minister of Local Development to undertake his authority in ratifying decisions taken by the Center, this should be looked upon in light of the fact that so far that authority had been granted to the Minister of Agriculture. Accordingly, the change of authority reflects a change in policy as well where more emphasis will be given to the role of Governors as local administrators and the reduction in the role of the Ministry of Agriculture. This could have a positive impact on easing investment restrictions on the use of lands.   [1] Prime Minister’s Decree No. 279/2013 delegating the Minister of Local Development in exercising his authorities as the competent Minister in regards to the ratification of decisions taken by the National Center for Planning of State Land Usage, Egyptian Gazette, Issue No. 14, 4 April 2013. [2] Presidential Decree-Law No. 61/1963 on Public Authorities, Egyptian Gazette, Issue No. 102, 9 May 1963. [3] Presidential Decree No. 153/2001 establishing the National Center for Planning of State Land Usage, Egyptian Gazette, Issue No. 22, 31 May 2001.
The Prime Minister issued decree No. 279 of 2013 delegating the Minister of Local Development in exercising his authorities as the competent Minister in regards to the ratification of decisions taken by the National Center for Planning of State Land Usage (the “Decree”).[1]
Background
The background to this matter goes back to the Law on Public Authorities No. 61 of 1963[2] which granted the President the right to establish public authorities in order to manage a facility serving public interest or service. Based on this authority, the Presidential Decree No. 153 of 2001 was issued, establishing the National Center for Planning of State Land Usage[3] as a public authority subordinate to the Prime Minister. The Board of the Center is composed by a Prime Ministerial Decree, and it is headed by a Deputy Prime Minister. The Center's director is appointed by the Prime Minister based on the Defense Minister's nomination, and he/she is competent to manage the Center and conduct its affairs.
The Presidential Decree
The Presidential Decree further determined the competencies that the Center may perform in coordination with the concerned authorities including:
  • Enumerate and evaluate the State's lands outside the cities' and villages' borders, preparation of plans to develop and use these lands within the State's public policy without violating the State's defense affairs. This requires documenting the cities' and villages' cordon borders accounting for the possibility of future expansion, in addition to mapping and studying the opportunities of using these lands.
  • Assisting the State's concerned authorities in attaining the Properties Record.
  • Delivering each Ministry, a map of the lands assigned for its usage activities, in which it shall exercise the complete authority of allocation, supervision over usage, development and related actions, while coordinating with other Ministries.
  • Expression of opinion in the event of dispute between Ministries, Public Authorities and Local Municipalities or between these authorities and concerned individuals, regarding the authority competent to manage, exploit and act over any lands outside cities' and villages' borders assigned to any of these authorities.
  • Participation in choosing and deciding the areas required for implementing the State's new major projects as roads, railroads, harbors, airports, economic zones, etc.
A Positive Impact
As to the latest Decree issued by the Prime Minister, delegating the Minister of Local Development to undertake his authority in ratifying decisions taken by the Center, this should be looked upon in light of the fact that so far that authority had been granted to the Minister of Agriculture. Accordingly, the change of authority reflects a change in policy as well where more emphasis will be given to the role of Governors as local administrators and the reduction in the role of the Ministry of Agriculture. This could have a positive impact on easing investment restrictions on the use of lands.   [1] Prime Minister’s Decree No. 279/2013 delegating the Minister of Local Development in exercising his authorities as the competent Minister in regards to the ratification of decisions taken by the National Center for Planning of State Land Usage, Egyptian Gazette, Issue No. 14, 4 April 2013. [2] Presidential Decree-Law No. 61/1963 on Public Authorities, Egyptian Gazette, Issue No. 102, 9 May 1963. [3] Presidential Decree No. 153/2001 establishing the National Center for Planning of State Land Usage, Egyptian Gazette, Issue No. 22, 31 May 2001.