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South Africa
NATIONAL LEGISLATION OVERVIEWS
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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

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repealed by Act 2007_042_013_20080417 - was entitled "Pre-incorporation acts on behalf of Agency"]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]
 
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Versions
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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
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