Long title
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.
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[Act 1995_011_000 Long title unamended wef 1995/06/02]
1. Amendment of section 1 of Act 40 of 1961 (as amended by section 6 of
Act 89 of 1993
Section 1 of the Kimberley Leasehold Conversion to Freehold Act, 1961,
is hereby amended-
(a) by the substitution in the definition of “Bultfontein"
for the words preceding paragraph (a) of the following words:
" 'Bultfontein' means the following properties situated in the
municipality and division of Kimberley in the [ Province of the Cape of
Good Hope] [province of Northern Cape] and registered in a favour of
either the municipality or the council of the municipality of the city
of Kimberley";
(b) by the substitution fop the definition of "Master" of the following
definitions
" '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
following definition:
" 'Minister' means the Minister of [ Regional and ] Land Affairs;";
(d) by the substitution for the definition of "Surveyor-General" of
the following definition:
" 'Surveyor-General' means the Surveyor-General [ of the Province of the
Cape of Good Hope] [appointed in respect of the office of
surveyor-general established under section 3 lf the Land Survey Act,
1927 (Act No. 9 of 1927), for the region within which the district of
Kimberley is situated ] ;".
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[Act 1995_011_001 unamended wef 1995/06/02]
2. Amendment of section 2 of Act 40 of 1961
Section 2 of the Kimberley Leasehold Conversion to Freehold Act, 1961,
is hereby amended by the substitution for subsection (1) of the
following subsection:
"(1) Notwithstanding anything to the contrary contained in any other
law the Surveyor-General shall alter the general plans referred to in
paragraphs (c) and (d) of the definition of “Bultfontein" by
excluding therefrom the erven referred to in the said paragraphs, and
the said erven shall upon being so excluded be free of any conditions
imposed in respect thereof under the provisions of the Townships
ordinance, 1934 (Ordinance No. 33 of 1934 (Cape)), [ before the repeal
thereof, or under the provisions of the Land Use Planning Ordinance,
1985 (Ordinance No. 15 of 1985 (Cape)). ] ".
_________
[Act 1995_011_002 unamended wef 1995/06/02]
3. Amendment of section 4 of Act 40 of 1961
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.".
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[Act 1995_011_003 unamended wef 1995/06/02]
4. Substitution of section 15 of Act 40 of 1961
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 ] .".
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[Act 1995_011_004 unamended wef 1995/06/02]
5. Amendment of section 1 of Act 96 of 1969, as amended by section 83
of Act 63 of 1975
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. ] ".
_________
[Act 1995_011_005 unamended wef 1995/06/02]
6. 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
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.".
_________
[Act 1995_011_006 unamended wef 1995/06/02]
7. Substitution of words "Administrator", "Regional and Land Affairs"
and "Official Gazette" in Act 96 of 1969
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.
_________
[Act 1995_011_007 unamended wef 1995/06/02]
8. Amendment of section I of Act 112 of 1991, as amended by section 30
of Act 108 of 1993
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;".
_________
[Act 1995_011_008 unamended wef 1995/06/02]
9. Substitution of section 24A of Act 112 of 1991
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 authority
referred to in paragraph (a) ] to perform any duty assigned to the
Minister by this Act.".
_________
[Act 1995_011_009 unamended wef 1995/06/02]
10. Repeal of section 25 of Act 112 of 1991
Section 25 of the Upgrading of Land Tenure Rights Act, 1891, is hereby
repealed.
_________
[Act 1995_011_010 unamended wef 1995/06/02]
11. Saving of proclamations issued under section 25 of Act 112 of 1991
(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 of this Act, remain in force until
repealed by the President by proclamation in the Gazette.
(2) The President may by proclamation in the Gazette take such measures
as he or she deems necessary for purposes of regulating the proper
administration of a proclamation which in terms of subsection (1)
remains in force in respect of an area which was, prior to the
commencement of the Constitution of the Republic of South Africa, 1993
(Act No. 200 of 1993(, a self-governing territory as defined in section
38(1) of the Self-governing Territories Constitution Act, 1971 (Act No.
21 of 1971).
_________
[Act 1995_011_011 unamended wef 1995/06/02]
12. Substitution of words "Administrator" and "State President" in Act
112 of 1991
The Upgrading of Land Tenure Rights Act, 1991, is hereby amended-
(a) by the substitution for the word "Administrator"-
(i) where it occurs in sections 7, 8, 9(1), 10, 12, 15, 16, 17, 18,
18A, 18B, 18C, 18D, 18E and 18I, of the word "Minister"; and
(ii) where it occurs in sections 9(3) and 11, of the word "Premier";
and
(b) by the substitution for the words "State President", wherever they
occur, of the word "President".
_________
[Act 1995_011_012 unamended wef 1995/06/02]
13. Amendment of section 1 of Act 111 of 1993
Section 1 of the Land Titles Adjustment 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.".
_________
[Act 1995_011_013 unamended wef 1995/06/02]
14. Amendment of section 3 of Act 111 of 1993
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.".
_________
[Act 1995_011_014 unamended wef 1995/06/02]
15. Amendment of section 5 of Act 111 of 1993
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). ] “ .
_________
[Act 1995_011_015 unamended wef 1995/06/02]
16. Amendment of section 14 of Act 111 of 1993
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.".
_________
[Act 1995_011_016 unamended wef 1995/06/02]
17. Substitution of section 16 of Act II 1 of 1993
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 1 of the
Constitution of the Republic of South Africa, 1993 (Act No. 200 of
1993). ] ".
_________
[Act 1995_011_017 unamended wef 1995/06/02]
18. Amendment of section 1 of Act 119 of 1993
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;".
_________
[Act 1995_011_018 unamended wef 1995/06/02]
19. Amendment of section 2 of Act 119 of 1993
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).
_________
[Act 1995_011_019 unamended wef 1995/06/02]
20. Amendment of section 3 of Act 119 of 1993
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.".
_________
[Act 1995_011_020 unamended wef 1995/06/02]
21. Amendment of section 16 of Act 119 of 1993
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.".
_________
[Act 1995_011_021 unamended wef 1995/06/02]
22. Substitution of section 19 of Act 119 of 1993
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). ] ”
_________
[Act 1995_011_022 unamended wef 1995/06/02]
23. Amendment of section I of Act 187 of 1993
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] ;".
_________
[Act 1995_011_023 unamended wef 1995/06/02]
24. Amendment of section 2 of Act 187 of 1993
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;".
_________
[Act 1995_011_024 unamended wef 1995/06/02]
25. Amendment of section 6 of Act 187 of 1993
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.".
_________
[Act 1995_011_025 unamended wef 1995/06/02]
26. Insertion of section 15A in Act 187 of 1993
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). ] ".
_________
[Act 1995_011_026 unamended wef 1995/06/02]
27. Repeal of laws
The laws mentioned in the Schedule are hereby repealed to the extent
indicated in the third column thereof.
_________
[Act 1995_011_027 unamended wef 1995/06/02]
28. Short title
This Act shall be called the Land Affairs General Amendment Act, 1995.
_________
[Act 1995_011_028 unamended wef 1995/06/02]
SCHEDULE. [s27]
| No. and year of law |
Short title |
Extent of repeal |
| Act No.76 of 1963 |
Black Laws Amendment Act, 1963 |
Section 32 |
| Act No.56 of 1968 |
Black Laws Amendment Act, 1968 |
Sections 6 and 7 |
| Act No.27 of 1970 |
Second Black Laws Amendment Act, 1970 |
Section 12 |
| Act No.49 of 1970 |
Third Black Laws Amendment Act, 1970 |
Sections 2, 3
and 12 |
| Act No.23 of 1972 |
Black Laws Amendment Act, 1972 |
Sections 5, 6, 7 and
12 |
| Act No.102 of 1972 |
General Law Amendment Act, 1972 |
Section 22 |
| Act No.7 of 1973 |
Black Laws Amendment Act, 1973 |
Sections 7, 8, 9, 11,
12, 13, 14 and 15 |
| Act No.70 of 1974 |
Black Laws Amendment Act, 1974 |
Sections 9, 10, 12,
13, 14, 18, 19, 20, 21, 22, 23 and 24 |
| Act No.71 of 1974 |
Second Black Laws Amendment Act, 1974 |
The whole |
| Act No.9 of 1975 |
Black Laws Amendment Act, 1975 |
The whole |
| Act No.115 of 1977 |
Second Black Laws Amendment Act, 1977 |
The whole |
| Act No.12 of 1978 |
Black Laws Amendment Act, 1978 |
Sections 9, 14, 15,
16, 17, 18, 19 and 20 |
| Act No.102 of 1978 |
Second Black Laws Amendment Act, 1978 |
The whole |
| Act No.16 of 1979 |
Laws on Plural Relations and Development Amendment
Act, 1979 |
Sections 10 and 11 |
| Act No.98 of 1979 |
Laws on Plural Relations and Development Second
Amendment Act, 1979 |
Sections 11 and 17 |
| Act No.3 of 1980 |
Laws on Co-operation and Development Amendment Act,
1980 |
Section 6 |
| Act No.94 of 1980 |
Laws on Co-operation and Development Second
Amendment Act, 1980 |
Sections 7 and 8 |
| Act No.102 of 1983 |
Laws on Co-operation and Development Amendment Act,
1983 |
Sections 16, 17 and 18 |
| Act No.83 of 1984 |
Laws on Co-operation and Development Amendment Act,
1984 |
Section 12 |
| Act No.91 of 1985 |
Laws on Co-operation and Development Amendment Act,
1985 |
Sections 6, 7 and 9 |
| Act No.105 of 1986 |
Laws on Development Aid Second Amendment Act, 1986 |
The whole |
| Act No. 97 of 1988 |
Constitutional Laws Second Amendment Act, 1988 |
The
whole |
| Act No.126 of 1991 |
Development Aid Laws Amendment Act, 1991 |
Sections
2, 3, 4, 5, 6, 7 and 8 |
| Act No.89 of 1993 |
Regional and Land Affairs General Amendment Act,
1993 |
Sections 10, 11, 12, 13, 15, 16, 17 and 18 |
| Act No.93 of 1993 |
Joint Administrative Authority for Walvis Bay Act,
1993 |
The Whole |
| Act No. 99 of 1993 |
Joint Administration of Certain Matters Act, 1993 |
The whole |
| Act No.107 of 1993 |
Revocation and Assignment of Powers of
Self-governing Territories Act, 1993 |
The whole |
| Act No.109 of 1993 |
Regulation of Joint Executive Action regarding
Certain Land Act, 1993. |
The whole |
_________
[Act 1995_011_027 Schedule unamended wef 1995/06/02]
