Managing Urban Zones - Guidelines

The basic premise of this Government Regulation, No. 34 of 2009, is to provide a set of guidelines to Regional Governments in order that Regional Governments can draft and enact regional regulations compliant with the provisions listed in Article 199(2) - (6) of Law No. 32 of 2004 on Regional Government as amended by Law No. 12 of 2008.

An urban zone, by definition, is an area that is not primarily an agriculture area. However, an urban zone does have some particular features, such as being an area that functions as an urban settlement, a central and distribution point of government and social services, as well as economic activities.

Urban zones are to be in the following forms:

The succeeding articles enumerate specific points to each of the above. For example, a city as noted above is to be confirmed in a specific law stating the establishment of the city. In contrast, the other two noted urban zones are to be confirmed with the issue of regional regulations. Where the urban zone borders two or more districts (regions) then each district is to issue their own regulation confirming the establishment of the urban zone.

For the regional regulations to be issued where the urban area covers two or more districts, then there is a requirement for there to be agreement between the districts, agreement of the governor(s), and ministerial approval.

Urban zones that are cities are to be managed by the city’s government. All other urban zones are to be managed by a specifically established Management Board. This Management Board is to be established through regional regulation. The Management Board is to be between five and seven members. The members are to be experts in the field and / or community representatives with an interest in urban zones. The regulation specifically excludes civil servants, police officers, members of the armed services, and members of political parties from membership on a Management Board.

The regulation sets out specific provisions for the establishment of new urban zones. Essentially, the establishment of a new urban zone will require that a recommendation be made by private parties or by regional government. Before becoming an urban zone the approval of the Governor is required.

In addition, prior to the establishment of a new urban zone, there are certain conditions that must be met. These include, among others, the following:

The regulation requires that regional and district governments are to identify areas that are to be confirmed as urban areas within three years of the enactment of this regulation.

The Regulation has been in force since 22 April 2009.