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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
The South African National
Roads
Agency Limited and National Roads Act, No. 7 of 1998
Long title
To make provision for a national roads agency for the Republic to manage and control the Republic’s national roads system and take charge, amongst others, of the development, maintenance and rehabilitation of national roads within the framework of government policy; for that purpose to provide for the establishment of The South African National Roads Agency Limited, a public company wholly owned by the State; to provide for the governance and management of that company (‘‘the Agency’’) by a board of directors and a chief executive officer, respectively, and to define the Agency’s powers and functions and financial and operational accountability, and regulate its functioning; to prescribe measures and requirements with regard to the Government’s policy concerning national roads, the declaration of national roads by the Minister of Transport and the use and protection of national roads; to repeal or amend the provisions of certain laws relating to or relevant to national roads; and to provide for incidental matters.
Table of contents
Legislation Text Access Point
Long title
To make provision for a national roads agency for the Republic to manage and control the Republic’s national roads system and take charge, amongst others, of the development, maintenance and rehabilitation of national roads within the framework of government policy; for that purpose to provide for the establishment of The South African National Roads Agency Limited, a public company wholly owned by the State; to provide for the governance and management of that company (‘‘the Agency’’) by a board of directors and a chief executive officer, respectively, and to define the Agency’s powers and functions and financial and operational accountability, and regulate its functioning; to prescribe measures and requirements with regard to the Government’s policy concerning national roads, the declaration of national roads by the Minister of Transport and the use and protection of national roads; to repeal or amend the provisions of certain laws relating to or relevant to national roads; and to provide for incidental matters.
Table of contents
| SECTION | TITLE |
| ARRANGEMENT OF SECTIONS | |
| 1. | Definitions |
| CHAPTER 1. THE SOUTH AFRICAN NATIONAL ROADS AGENCY LIMITED: INCORPORATION, ESTABLISHMENT AND RELATED MATTERS | |
| 2. | Establishment of a national roads agency for Republic |
| 3. | Incorporation of The South African National Roads Agency Limited |
| 4. | Agency’s memorandum and articles of association |
| 5. | Application of Companies Act to Agency |
| 6. | Certain provisions of Companies Act may be declared not applicable to Agency |
| 7. | Agency the successor to certain property, assets and liabilities |
| 8. | Nature of State’s financial interest in Agency |
| 9. | Financial year |
| 10. | Judicial management, and liquidation |
| 11. | [...repealed by Act 2007_042_013_20080417 - was entitled "Pre-incorporation acts on behalf of Agency"] |
| CHAPTER 2. GOVERNANCE AND STAFFING OF AGENCY | |
| 12. | Board of Directors |
| 13. | Terms of office, service conditions and remuneration of appointed members of Board |
| 14. | Vacancies in Board |
| 15. | Board meetings |
| 16. | Committees of Board |
| 17. | Board and committees to keep minutes |
| 18. | Delegation and assignment of functions by Board |
| 19. | Chief Executive Officer: Appointment and functions |
| 20. | Chief Executive Officer: Vacation of and removal from office |
| 21. | Acting Chief Executive Officer |
| 22. | Delegations by Chief Executive Officer |
| 23. | Staff of Agency |
| 24. | Fair and equitable employment practices |
| CHAPTER 3. FUNCTIONS, POWERS AND RESPONSIBILITIES OF AGENCY | |
| 25. | Main functions of Agency |
| 26. | Additional powers of Agency |
| 27. | Levying of toll by Agency |
| 28. | Operation of toll roads and levying of toll by authorised persons |
| 29. | Points demerit system |
| 30. | Agency may institute legal proceedings to recover outstanding toll moneys |
| 31. | Agency may render assistance to other countries in certain circumstances |
| 32. | Protection of national interest and Republic’s strategic and economic interests |
| CHAPTER 4. FINANCES AND ACCOUNTABILITY | |
| 33. | Loans and Government guarantees for loans |
| 34. | Funding of Agency |
| 35. | Business and financial plan, and strategic plan |
| 36. | Accounting and auditing |
| 37. | Annual report |
| 38. | Certain provisions of Act 93 of 1992 applicable to Agency |
| CHAPTER 5. OFFICIAL POLICIES ON, AND DECLARATION, USE AND PROTECTION OF, NATIONAL ROADS | |
| 39. | National roads policy |
| 40. | Declaration of national roads |
| 41. | Expropriation of land for purposes of national road |
| 42. | State land may be made available to Agency for purposes of national road |
| 43. | Entry upon land |
| 44. | Access to and egress from national roads |
| 45. | Closing or diverting national road |
| 46. | Damaging of national road |
| 47. | Disposing of national roads’ stormwater |
| 48. | Structures and other works on, over or below national roads or certain other land |
| 49. | Agency’s approval necessary for division of certain land |
| 50. | Advertisements on or visible from national roads |
| 51. | Disused vehicles or machinery and other rubbish on or near national roads |
| 52. | Trading on national road or in building restriction area |
| 53. | Agency may pay compensation for damage or loss due to its activities |
| 54. | Law enforcement on national roads |
| CHAPTER 6. GENERAL AND MISCELLANEOUS PROVISIONS | |
| 55. | Agency exempt from paying certain duties and fees |
| 56. | Extension of periods stated, specified or prescribed in notices, etc. |
| 57. | Appeals to Minister against certain decisions of Agency |
| 58. | Regulations |
| 59. | Limitation on legal proceedings against Agency |
| 59A. | Presumptions [...inserted by Act 2013_003_005_20130926] |
| 60. | Amendment, exclusion and repeal of laws [...amended by Act 2013_003_006_20130926 - was entitled "Amendment and repeal of laws] |
| 61. | Transitional provisions, and savings |
| 62. | State bound by this Act |
| 63. | Short title and commencement |
| Sch. 1. | SCHEDULE 1. LAWS AMENDED IN TERMS OF SECTION 60(1) [s60] |
| Sch. 2. | SCHEDULE 2. LAWS REPEALED BY SECTION 60(2) (LAWS OF THE REPUBLIC UNLESS OTHERWISE SPECIFIED) [s60] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1998_007_000_19980331 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2002_040_000_20021128 . | N/A | REQ.INFO | LINK |
| As amended by Act 2007_042_000_20080417 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_003_000_20130926 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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