This
is an UNCERTIFIED COPY for information/reference. For authentic copy,
please refer to certified copy only. In case of any mistake,
please bring it to our notice.
| DOCREF: 1995_011_000_19950602_16448_0360_0788 |
South
Africa
NATIONAL LEGISLATION TEXTS
NATIONAL LEGISLATION TEXTS
Land
Affairs General Amendment Act, No. 11 of 1995
| Version : As unamended with effect from ... [Date/s available on subscription copy - please contact us] |
.
EXPLANATION OF MARKS:
[Bold text in square brackets] is text marked by this Act for deletion from existing enactments[Underlined text in square brackets] is text marked by this Act for insertion into existing enactments
[Grey text in square brackets] is text containing LegalB’s references or comments
Grey text outside of square brackets is text that has to be verified
Two asterisks thus ** indicates text must only be read in the light of our commentary on this legislation
ACT
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.
_________
[Act 1995_011_000 Long title unamended wef ... date/s available on subscrition copy]
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-
[Act 1995_011_001 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_002 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_003 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_004 unamended wef ... date/s available on subscrition copy]
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-
[Act 1995_011_005 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_006 unamended wef ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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-
[Act 1995_011_008 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_009 unamended wef ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
12. Substitution of words "Administrator" and "State President" in Act 112 of 1991
The Upgrading of Land Tenure Rights Act, 1991, is hereby amended-
[Act 1995_011_012 unamended wef ... date/s available on subscrition copy]
13. Amendment of section 1 of Act 111 of 1993
Section 1 of the Land Titles Adjustment Act, 1993, is hereby amended-
[Act 1995_011_013 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_014 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_015 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_016 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_017 unamended wef ... date/s available on subscrition copy]
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-
[Act 1995_011_018 unamended wef ... date/s available on subscrition copy]
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-
[Act 1995_011_019 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_020 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_021 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_022 unamended wef ... date/s available on subscrition copy]
23. Amendment of section I of Act 187 of 1993
Section 1 of the Regional Industrial Development Act, 1993, is hereby amended-
[Act 1995_011_023 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_024 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_025 unamended wef ... date/s available on subscrition copy]
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:
[Act 1995_011_026 unamended wef ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
28. Short title
This Act shall be called the Land Affairs General Amendment Act, 1995.
_________
[Act 1995_011_028 unamended wef ... date/s available on subscrition copy]
_________
[Act 1995_011_027 Schedule unamended wef ... date/s available on subscrition copy]
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.
_________
[Act 1995_011_000 Long title unamended wef ... date/s available on subscrition copy]
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 ] ;".
[Act 1995_011_001 unamended wef ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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.".
_________[Act 1995_011_003 unamended wef ... date/s available on subscrition copy]
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 ] .".
_________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 ] .".
[Act 1995_011_004 unamended wef ... date/s available on subscrition copy]
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:
_________(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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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:
_________(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 ... date/s available on subscrition copy]
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 ] -
_________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.".
(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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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"-
(b) by the substitution for the words "State President", wherever they occur, of the word "President".
_________
(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
(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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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.".
(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 ... date/s available on subscrition copy]
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). ] ".
_________[ 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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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:
(b) by the deletion of subsection (3).
_________
"(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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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.".
(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 ... date/s available on subscrition copy]
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). ] ”
_________[ 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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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;".
[ (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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
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). ] ".
_________[ 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 ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]
28. Short title
This Act shall be called the Land Affairs General Amendment Act, 1995.
_________
[Act 1995_011_028 unamended wef ... date/s available on subscrition copy]
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 ... date/s available on subscrition copy]