LAND AFFAIRS GENERAL AMENDMENT ACT

OFFICE OF THE PRESIDENT

No. 788 2 June 1995

NO. 11 OF 1995: LAND AFFAIRS GENERAL AMENDMENT ACT, 1995.

It is hereby notified that the President has assented to the following Act which is hereby published for general information:-

GENERAL EXPLANATORY NOTE:

Words in bold italics indicate omissions from existing enactments.

Words in italics indicate insertions in existing enactments.

ACT

To amend the Kimberley Leasehold Conversion to Freehold Act, 1961, so as to substitute certain definitions; to make further provision in respect of the freedom from certain conditions of certain erven; and to make other provision in respect of the publication of certain notices; to amend the Expropriation of Mineral Rights (Townships) Act, 1969, so as to delete an obsolete definition and define a certain expression; to substitute obsolete expressions; and to make other provision in respect of the publication of certain notices; to amend the Upgrading of Land Tenure Rights Act, 1991, so as to delete and substitute certain definitions; to substitute certain obsolete designations; to provide for the repeal of the power by proclamation to declare the said Act to be applicable in the former self-governing territories; and to provide for the saving of certain such proclamations; to amend the Land Titles Adjustment Act, 1993, so as to substitute certain definitions and obsolete designations and an obsolete expression; and to substitute an obsolete provision relating to the application of the said Act; to amend the Distribution and Transfer of Certain State Land Act, 1993, so as to substitute certain definitions and obsolete designations; to repeal a provision relating to certain requirements with respect to the notices by which certain land is designated as land to be dealt with in accordance with the provisions of the said Act; and to substitute an obsolete provision relating to the application of the Act; to amend the Regional Industrial Development Act, 1993, so as to substitute certain definitions; to alter the composition of the Regional Industrial Development Board; to substitute an obsolete designation; and to provide for the extension of the application of the said Act; to repeal obsolete and discriminatory laws; and to provide for incidental matters.

(Afrikaans text signed by the President.) (Assented to 24 May 1995.)

BE IT ENACTED by the Parliament of the Pepublic of Sout`-Af`ica, as follows:

Amendment of secti n 1 of Act 40 of 1961( as amended by section 6 od Act 89 of 1993

1. S!ction 1 of the Aiabarley Leasehold Convdrpidn to Freehold @ct, 1961, is `epeby amended- "Bult o t in" for the words " 'Bultfontdin' mdans the followi g p operties situated in the province of N r harn and registered in a opr of either the municip l t or the council of the muni i a ity of the city of ";

(b) by the substitution fop the definition of "Master" of phe following definition8 " 'Master' means the Assistant Master of the Supreme Court of South Africa in the Province of the Cape of Good Hope appointed for the area of jurisdiction of the division of the Supreme Court which has its seat at Kimberley;";

(c) by the substitution for the definition of "Minister" of the folhowing definition: " 'Minister' means the Minister of Regional and( Land Adfairs;";

(d) by the subqtitution for the definition of "Surveyor-General" of the  following definition: " 'Surveyor-General' means th` Surveyor-General of the Province of the Cape of Good Hope appointed in respect of the office of surveyor-genepal established under section 3 lf the Land Sprvey Act, 1927 (Act No. 9 of 1827), for the region within which the district of Kimberley is situated;".

Amendment of section 0 of Act 40 of 1961

2. S`ction"(1) N ti hst`nding anything o the contrary `ontained in a y o her law the Sur e or-General shall alter h eneral plans referred t hn para!r!p s (`) and (d) of the definition of Bal`fontein" by excluding therefrom the erven r`f`rre` to in the said p r gpaphs, and the said erven before the repaal th r o`, or under the provisions of the L n".

Amendment of section 4 of Act 40 of 1961

3. Section 4 of the Kimberley Leasehold Conversion to Freehold Act, 1961, is hereby amended by the substitution for subsection (4) of the following subsection: "(4) As soon as practicable after the publication of such notice the town clerk shall cause to be published once in an English and once in an Afrikaans newspaper at least two newspapers, each published in a different official language as referred to in section 3(1) of the Constitution of the Republic of South Africa, 1993>> (Act No. 200 of 1993), and circulating in the municipal area of Kimberley, a notice drawing the attention of all interested persons to the said notice in the Gazette and stating the purport thereof.".

Substitution of section 15 of Act 40 of 1961

4. The following section is hereby substituted for section 15 of the Kimberley Leasehold Conversion to Freehold Act, 1961:

"Exemption from provisions

15. The provisions of the Townships Ordinance, 1934 (Ordinance No. 33 of 1934 (Cape)) Land Use Planning Ordinance, 1985 (Ordinance No. 15 of 1985 (Cape)), shall not apply to anything required or permitted to be done under the provisions of this Act and the provisions of the Group Areas Development Act, 1955, shall not apply to any transfer of an erf from the city council of Kimberley to an owner in terms of the provisions of this Act.".

Amendment of section 1 of Act 96 of 1969, as amended by section 83 of Act 63 of 1975

5. Section 1 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended-

(a) by the deletion of the definition of "Administrator"; (b) by the insertion after the definition of "owner" of the following definition: "'Premier', in relation to rights to minerals in land, the Premier of the province in which the land is situated, or a competent authority within the jurisdiction of the government of the province concerned designated by the Premier.".

Amendment of section 2 of Act 96 of 1969, as amended by section 84 of Act 63 of 1975 and section 7 of Act 89 of 1993

6. Section 2 of the Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended by the substitution for the words following on paragraph (b) of subsection (2) of the following words: "the Administrator Premier may cause to be published once in the Official Provincial Gazette of the province in question and twice with an interval of not less than one week in an Afrikaans and an English newspaper at least two newspapers, each published in a different official language, as referred to in section 3(1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), and circulating in the district in which the land in question is situate, a notice in which all owners of those rights are called upon to submit to the Administrator Premier in writing, within a period specified in the notice or such further period as the Administrator Premier may allow, reasons why those rights should not be expropriated under subsection (3), including such proposals as any such owner may wish to make in connection with the consideration for which or the conditions on which he would be prepared to grant such consent or relinquish those rights.".

Substitution of words "Administrator", "Regional and Land Affairs" and "Official Gazette" in Act 96 of 1969

7. The Expropriation of Mineral Rights (Townships) Act, 1969, is hereby amended by the substitution for the words "Administrator", "Regional and Land Affairs" and "Official Gazette", wherever they occur, of the words "Premier", "Land Affairs" and "Provincial Gazette", respectively.

Amendment of section I of Act 112 of 1991, as amended by section 30 of Act 108 of 1993

8. Section 1 of the Upgrading of Land Tenure Rights Act, 1991, is hereby amended-

(a) by the deletion of the definition of "Administrator"; (b) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Regional and Land Affairs;".

Substitution of section 24A of Act 112 of 1991

9. The following section is hereby substituted for section 24A of the Upgrading of Land Tenure Rights Act, 1991:

"Delegation by Minister

24A. The Minister may, on the conditions he may deem fit-

(a) delegate to the Administrator Premier of a province, or any competent authority within the jurisdiction of the government of a province designated by the Premier of that province, any power conferred upon the Minister by this Act; or

(b) authorize the (Administrator Premier or competent a0thority referred to in paragraph (a) to perform any duty assigned to the Linister by this Act.". 

Repeal of sdction 25 of Act 112 of 1991

10. Section 25 of the Upgradhng of Land Tenure Rights Act, 1891, is hereby repealed.

Saving of proclamations issued under section 25 of Act 112 of 1991

11. (1) A proclamation issued under section 25(1) of the Upgrading of Land Tenure Rights Act, 1991 (Act No. 112 of 1991), and in force immediately prior to the commencement of section 10 of this Act in an area in respect of which such proclamation was issued, shall, notwithstanding the provisions of section 10 o` phis Act, remain in force untih repealed by the President by ppoclamation in the Gazette.

(2) The Preshdent may by proclamation in the Gazette take such measures as he or she deems necessary fhr purposes of regulating the prhper administradion of a proclamation which in terms of subsection (1) remains in force in respect of an area which was, prior to the cohmencement of the Constitution of the Republic of South Afpica, 1993 (Act No. 200 of 1993(, a self-governing territLry as defined in section 38(1) kf the Self-gnverning Territories Constitutiol Act, 1971 (Act No. 21 of 1971).

Substitution of words "Admhnistrator" and "State President" in Act 112 of 1991

12. The Upgrading lf Land Tenure Rights Act, 1991, is hereby amended- (a) by the substitution for the qord "Administrator"- (i) where it occurs in sections 7, 8, 9(1(, 10, 12, 15, 16, 17, 18, 18A, 18B, 18C, 18D, 18E `nd 181, of the word "Minister"; and (ii)whepe it occurs in sections 9(3) an` 11, of the word "Premier"; and (b) by the pubstitution for the words "Statd President", wherever they occur, of the word "Presiddnt".

Amendment hf section 1 of Act 111 of 1993

13. Section 1 of the Land Titles Adjustment Act, 1993, ip hereby amended-

(a) by the substituthon for the definition of "Director-General" of the following definition: " 'Director-@eneral' means the Director-Genepal of Regional and L`nd Affairs;";

(b) by the substhtution for the definition of "Mhnister" of the following definition: " 'Minister' means the Minister of Regional and Land Affairs.".

Amendment of section 3 of Act 111 of 1993

14. Section 3 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) A commissioner who is not in the full-time service of the State shall, in respect of his service as a commissioner, be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of [State Expenditure Finance, may from time to time determine.".

Amendment of section 5 of Act 111 of 1993

15. Section 5 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection: "(3) Such amount shall be paid by the Director-General into the State National Revenue Fund established by section 185 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).

Amendment of section 14 of Act 111 of 1993

16. Section 14 of the Land Titles Adjustment Act, 1993, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1) The Director-General may, subject to such conditions as he may deem necessary- (a) delegate to an officer employed by the Department of Regional and Land Affairs any power conferred upon him in terms of this Act; or (b) authorize an officer employed by the Department of Regional and   Land Affairs to perform any duty assigned to him in terms of this Act.".

Substitution of section 16 of Act II 1 of 1993

17. The following section is hereby substituted for section 16 of the Land Titles Adjustment Act, 1993:

"Application of Act

16. As from the coming into operation of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section I of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).".

Amendment of section 1 of Act 119 of 1993

18. Section 1 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended-

(a) by the substitution for the definition of "Director-General" of the following definition: " 'Director-General' means the Director-General of Regional and Land Affairs;";

(b) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Regional and Land Affairs;".

Amendment of section 2 of Act 119 of 1993

19. Section 2 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended-

(a) by the substitution for subsection (1) of the following subsection: "(1) This Act shall apply to land belonging to the State (including land registered in the name of a Minister, <<a Premier>> or <<a former>> Administrator), and land belonging to a local authority or development body, and designated by the Minister by notice in the Gazette as land to be dealt with in accordance with the provisions of this Act: Provided that land belonging to a local authority or development body may only be so designated by the Minister if it is 'land of a local authority' or 'land of a development body' as defined in section 88A of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991).";

(b) by the deletion of subsection (3).

Amendment of section 3 of Act 119 of 1993

20. Section 3 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended by the substitution for subsection (3) of the following subsection: "(3) A commissioner who is not in the full-time service of the State shall in respect of his service as a commissioner be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of State Expenditure Finance, may from time to time determine.".

Amendment of section 16 of Act 119 of 1993

21. Section 16 of the Distribution and Transfer of Certain State Land Act, 1993, is hereby amended by the substitution for subsection (1) of the following subsection:

"(1) The Director-General may, subject to such conditions as he may deem necessary-

(a) delegate to an officer employed by the Department of Regional and Land Affairs any power conferred upon him in terms of this Act; or

(b) authorize an officer employed by the Department of Regional and Land Affairs to perform any duty assigned to him in terms of this Act.".

Substitution of section 19 of Act 119 of 1993

22. The following section is hereby substituted for section 19 of the Distribution and Transfer of Certain State Land Act, 1993:

"Application of Act

19. As from the coming into operation of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993

Amendment of section I of Act 187 of 1993

23. Section 1 of the Regional Industrial Development Act, 1993, is hereby amended-

(a) by the substitution for the definition of "Department" of the following definition: " 'Department' means the Department of Regional and Land Affairs Trade and Industry;";

(b) by the substitution for the definition of "Director-General" of the following definition: " 'Director-General' means the Director-General:Regional and Land Affairs Trade and Industry or his authorized representative;";

(c) by the substitution for the definition of "Minister" of the following definition: " 'Minister' means the Minister of Regional and Land Affairs Trade and Industry;".

Amendment of section 2 of Act 187 of 1993

24. Section 2 of the Regional Industrial Development Act, 1993, is hereby amended by the substitution for paragraph (b) of subsection (2) of the following paragraph:

"(b) an official of- (i) the Department designated by the Director-General;

**(ii) the Department of Trade and Industry designated by the Director-General: Trade and Industry;**

(iii) the Department of State Expenditure designated by the Director-General: State Expenditure;

(iv) the Department of Finance designated by the Director- General: Finance;".

Amendment of section 6 of Act 187 of 1993

25. Section 6 of the Regional Industrial Development Act, 1993, is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) Each member of the Board or a committee of the Board, including alternate or co-opted members, but excluding members in the full-time employment of the State, may be paid such salary, other remuneration and allowances as the Minister, with the concurrence of the Minister of**State Expenditure** <<Finance>>, may determine from time to time.".

Insertion of section 15A in Act 187 of 1993

26. The Regional Industrial Development Act, 1993, is hereby amended by the insertion after section 15 of the following section: "Application of Act 15A. As from the coming into operation of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).".

Repeal of laws

27. The laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof.

Short title

28. This Act shall be called the Land Affairs General Amendment Act, 1995.