Provision of
Land and Assistance Act 126 of 1993 -
[ASSENTED
TO
9
JULY
1993]
[DATE
OF
COMMENCEMENT:
23
JULY 1993] -
(Afrikaans
text signed
by the State President)
-
as
amended by
-
Development
Facilitation Act
67 of 1995
Provision
of Certain Land for Settlement
Amendment Act 26
of 1998 -
ACT
-
To
provide
for
the
designation
of
certain
land;
to
regulate
the
subdivision of
such
land
and
the
settlement of
persons thereon;
to
provide
for
the rendering
of
financial
assistance
for
the
acquisition of land
and
to
secure tenure
rights;
and
to provide
for
matters
connected
therewith.
-
[long
title substituted by section 12 of Act
26 of 1998];
-
Definitions
-
1. In
this Act, unless the context
otherwise indicates-
-
- 'Administrator'
...;
-
[definition
of "Administrator"
deleted by
section 1 of Act
26 of 1998]
-
'deeds
registry' means
a deeds
registry as
defined in
section 102
of the
Deeds Registries Act, 1937 (Act 47 of
1937);
-
- 'designated
land' means
land which
is under
section 2
designated for
settlement;
-
- 'developer'
means
any person
who
under section
4
undertakes the
development of designated
land;
-
- 'development body' ...;
[definition
of "development
body" deleted
by section 1 of Act 26 of 1998]
-
- 'Minister'
means the
Minister of Land
Affairs;
-
[Definition
of 'Minister'
substituted
by s.
68 of Act
67 of 1995.]
-
- 'partition
plan' means a partition plan
as referred to in section 6;
-
- 'prescribed'
means prescribed by
or under
this Act;
-
- 'settlement'
means
the settlement
of
persons on
designated
land as
referred to in section 7 (1);
-
- 'this
Act' includes
a regulation
made under this Act.
-
- Powers
of Administrator with regard
to
certain
land
-
- 2. (1) The
Minister
may, subject
to the
provisions of
section 3,
designate
for the
purposes of
settlement-
-
(a) State
land
which is
controlled
by
him or
her
and made
available by him or her for those purposes;
-
(b) land
which is
purchased
or acquired
by him
or her
for those
purposes and
which is
made
available by
him or
her for
those purposes;
-
(c) any
land which
has been
made
available for
those
purposes by
the owner
thereof.
(2) The
Minister shall
give
notice in
the Gazette
of any
land designated
under subsection
(1).
-
(3) The
Minister may
by notice
in the
Gazette,
impose conditions
for the use of
the land designated
under subsection
(1).
(4) The
laws governing
the subdivision
of agricultural
land and
the establishment
of townships, shall not apply
in respect of land referred to in subsection
(1) unless
the Minister
directs otherwise in the notice in
question.
-
[Section 2
substituted by section 2 of Act 26 of 1998]
-
Publication
of
notice
in
newspaper
-
3. (1) Taking
into
consideration
the
languages most
commonly used
in the district, the Minister
shall cause to be published in at least one
newspaper
circulating in the district in which the designated
land is situated, a notice calling
upon interested parties to
submit in
writing
to the
Minister, within
a period
mentioned in the notice,
which period may
not be shorter
than 21 days, following the day upon which the
notice
appeared in the
newspaper, any representations
which they wish
to make in
respect of the
contemplated designation
: Provided that
if no substantial change in land use is likely
to occur as a result of
the proposed settlement
in terms
of this
Act, the
Minister may
direct that no
such publication shall
be necessary.
(2) The
Minister
shall not
designate any
land before
he or
she has
considered all the representations received
by virtue of subsection
(1).
-
[Section 3
substituted by section 3 of Act 26 of 1993]
-
Development
of
designated
land
-
4. The
development of designated
land shall be undertaken-
-
(a) in
the case
of land
referred to
in section
2 (1)
(a) or
(b), by
the Minister or by someone with whom he has concluded
an agreement for that
purpose; and
[par.
(a) amended by sec.
11 of Act 126 of 1998]
-
(b) in
the case
of land
referred
to in
section 2
(1) (c),
by the
owner of
that land
or by
someone with
whom he has concluded an agreement for that purpose.
-
Subdivision
of
designated
land
-
5. The
developer
may, subject
to the
conditions
contemplated in
section
2 (3), subdivide
the designated
land or
cause
it to
be subdivided
in accordance
with the provisions of this Act into pieces
of land for small-scale farming, residential, public, community,
business or similar
purposes.
-
Partition
plan
-
- 6. (1) The
developer shall
draw up
or cause
to be
drawn up
a partition
plan indicating
the intended subdivision
of the designated
land.
-
(2) If
the Minister
is not
the developer,
the developer
shall
submit such
partition plan to the Minister, and if the Minister is satisfied with
the intended subdivision
of the designated land, he
shall approve the partition plan.
-
- [Subsection
(2) amended by
section 11 of
Act 26
of 1998]
-
Surveying
and
approval
of
plans
and
diagrams
-
7. The
developer shall-
-
(a) as
indicated on
the approved
partition
plan, cause
plans and
diagrams to be
prepared for
the designated land, and shall cause
such
plans and
diagrams to
be submitted
to the
surveyor-general for approval;
and
(b) after
the
plans and
diagrams
have been
approved
or
provisionally approved by
the surveyor-general,
file such
plans and diagrams at the deeds registry for registration by the
registrar of deeds.
-
Settlement
of persons
on designated
land
-
8. (1) The
developer may,
subject to
the provisions
of subsection
(2), alienate or lease a piece of
land referred
to in
section 5 to
any person.
-
(2) Settlement
of a
person shall
take place
only after
a land
surveyor has
surveyed
the designated
land and
placed
the beacons:
Provided
that the
Minister may in a particular case grant permission that such
settlement may
take place in a manner determined by him
even though the beacons concerned
have not
been placed.
-
[subsection
(2) amended by
section 11 of
Act 26
of 1993]
Registration
of
ownership
-
9. (1) If
ownership in
a piece
of land
referred to
in section
5 is
transferred, the
developer shall,
as soon
as the
surveying
thereof is
completed,
lodge a
deed of transfer, made out in the name of
the person to which such piece of land has been alienated, on the
form prescribed for
that purpose under the Deeds Registries
Act, 1937
(Act 47
of 1937),
at the
deeds registry,
whereupon the registrar of deeds shall
register
such piece of
land in the name
of that
person.
-
[Sub-s.
(1) substituted by s.
68 of Act 67 of 1995.]
-
- by-
-
- (2) A
deed of
transfer
referred to
in subsection
(1) shall
be prepared
- (a) a
conveyancer; or
-
(b) if
the owner
of the
piece of
land is
the State
or any
local government body, any officer in
the public service or person in the
employ of
such
local
government
body, as
the case
may
be, who
has been
designated
for the
purpose by
the Minister,
a Premier
or a
local
government
body, as
the case
may be.
-
- [Sub-s.
(2) substituted by s.
68 of Act 67 of 1995.]
-
(3) A
deed of
transfer referred
to in
subsection (1)
shall be
in the
form
prescribed under the
Deeds Registries
Act,
1937, and
shall be signed
by the owner of
the piece
of land or
his or
her duly
authorised agent
in the
presence of
a conveyancer
referred to in subsection (2) (a) or
an officer
or person
referred to
in subsection (2)
(b) in
the manner
prescribed under that Act.
-
- [Sub-s.
(3) substituted by s.
68 of Act 67 of 1995.] (4) An officer or person referred
to in
subsection (2)
(b)-
-
(a) shall
disclose
the fact
that the
deed
of transfer
referred to
in subsection (1), or any power
of attorney,
application
or consent, which may be required by
the registrar
for the purposes of
the
registration
of the
transfer was
prepared by him or her, by signing
an endorsement
to that effect on the deed of
transfer,
power of
attorney,
application
or consent,
as the case may be, and by virtue
of such
signing accepts,
mutatis mutandis, in terms of section 15A (1) and (2) of the
Deeds Registries Act, 1937, responsibility for the correctness of
the facts stated
in any such document; and
-
(b) may,
despite
anything to
the contrary
contained in
any other
law, perform all of the functions of conveyancer in relation to
the registration of a deed of transfer
as contemplated in this section.
-
- [Sub-s.
(4) substituted by s.
68 of Act 67 of 1995.]
-
(5) A
conveyancer,
officer or
person
referred to
in subsection
(2) shall
lodge the deed
of transfer
together with
the necessary
supporting
documents at
a deeds registry in the manner prescribed
under the Deeds
Registries Act, 1937.
-
[Sub-s. (5)
added by s. 68 of Act 67 of 1995.]
-
(6) The
registrar
shall deal
with
a deed
of
transfer and
other documents
referred to in
subsection
(5) as if
such deed
of transfer
were executed in the
presence
of the
registrar in
terms of
section 20
of the
Deeds Registries
Act, 1937.
-
[Sub-s. (6)
added by s. 68 of Act 67 of 1995.]
-
(7) Ownership
of the
piece of
land
shall be
deemed to
have been
transferred on
the date
of registration
by the
registrar
of a
deed of
transfer referred to in subsection (1).
-
[Sub-s. (7)
added by s. 68 of Act 67 of 1995.]
-
(8) Section
17 (1)
and (2)
of the
Deeds Registries
Act, 1937
(Act No. -
47
of 1937),
shall not
apply to
and no
transfer
or stamp
duty shall
be payable
in respect of the -
-
- (a) transfer
of ownership of land referred to in
section 2(1); or
(b) acquisition
of
land or
a
right in
land
by any
person
contemplated in section 10 : Provided that section 17(1)
and (2) of
the Deeds
Registries
Act,
1937, shall
apply in
respect of
the acquisition of
land contemplated in section 10(1)(d).
-
- [Sub-s.
(8) added
by s.
68 of
Act 67
of 1995
and amended
by section
4 of
Act 26
of 1998.]
-
- Financial
assistance
for
acquisition,
development
and
improvement
of
land or
to
secure tenure
rights
-
- 10. (1) The
Minister may,
from money
appropriated by
Parliament for
this purpose -
-
- (a) acquire land for the
purposes of this Act;
-
(b) on
such
conditions
as he
or she
may
determine,
grant an
advance or a subsidy
to any person
contemplated
in subsection (2)
-
(i) for
the acquisition
of land
for residential purposes,
agricultural production or small business
development;
-
(ii) for the acquisition of capital assets for the
development of land contemplated
in
subparagragph (i);
-
(iii) for
securing,
upgrading
and
registering
of
tenure
rights;
-
(iv) for
the
improvement
of any
land
contemplated
in subparagraphs
(i) and (iii);
-
(v) to
acquire an
equity share
in any
existing
agricultural enterprise;
-
(vi) to
facilitate
the planning
of any
development
which
may be necessary for the purposes of subparagraphs (i) to (v),
including survey costs;
-
(vii) for
the planning
and
development
of land
designated for
settlement purposes under section
2(1);
-
(c) on
such
conditions
as he
or she
may
determine,
grant an
advance or a
subsidy to a Municipal Council
to acquire land -
-
- (i) to
be used as a
commonage; or
-
- (ii) to
extend an
existing commonage;
(d) acquire
land
on behalf
of
any person
contemplated
in
subsection (2), in which case ownership of such land,
notwithstanding section
14 of
the Deeds Registries Act, 1937 (Act
No. 47
of 1937),
may be
transferred directly from
the owner of the land to any such
person;
-
(e) in
writing,
for the
purposes
of
acquiring,
planning or
developing designated
land or
any other
land
contemplated
in this
subsection,
and on
such
conditions as
he or
she may
determine, authorise
the transfer
of funds
contemplated
in this
section to
-
-
- (i) a
provincial government; (ii)
a Municipal
Council;
-
(iii) any
other organ
of state;
or
-
- (iv) any
other body
recognised
by the
Minister for
such purposes.
-
- (2) For
the purposes
of subsection
(1), persons
who may
be granted
an advance or a
subsidy are -
-
(a) persons
who have
no land
or who
have
limited
access
to land, and who wish
to gain access
to land or to additional land;
-
(b) persons
who wish
to secure
or upgrade
the
conditions of
tenure under which they live
or who
wish to
develop the
land with the consent of
the owner;
-
(c) persons
who have
been
dispossessed
of land
or of
a right
in land but who do not have a right to
restitution in terms of the Restitution of
Land Rights Act, 1994 (Act
No. 22 of
1994).
(3) The
laws governing
the subdivision
of agricultural
land and
the establishment
of townships
shall not apply
in respect of land referred to in subsection
(1) unless
the Minister
directs
otherwise.
-
- [S.
10 substituted by
s. 68
of Act
67 of 1995 and section 5 of Act 26 of
1998.]
-
Minister’s
power to dispose of certain land
-
11. The
Minister may,
on such
terms and
conditions as
he or
she may
deem fit, for the purposes
of this Act, sell,
exchange, donate or
lease any
land designated or acquired under this Act
or, if the land
is no longer required for the
purposes of this
Act, for
any other
purpose.
-
[S.
11 repealed
by s.
68 of
Act 67
of 1995
and added
by section
6 of
Act 26
of
1998.]
-
Expropriation
Act
-
12. (1) Without
derogating from
the powers
that a
Minister may
exercise under the Expropriation Act, 1975
(Act No. 63 of 1975), the Minister may for the purposes of this Act,
exercise
equivalent powers to the
powers that such
other Minister may exercise under the
Expropriation Act, 1975.
-
(2) Notwithstanding
the provisions
of the
Expropriation
Act, 1975,
the owner of the land in question shall be
given a hearing before any land is
expropriated in
terms of this Act.
-
(3) In
the
event
of
expropriation,
compensation
shall
be paid
as prescribed
by the
Constitution,
with due
regard
to the
provisions of
section 12(3),
(4) and (5) of the Expropriation Act, 1975.
-
(4) Any
right in
land which
derives from
the provisions
of this
Act will
be capable of
expropriation
in accordance
with the provisions
of any applicable
legislation.
-
[section 12 substituted by
section 7 of Act 26 of 1998]
-
- 13. ......
-
- [section 13 repealed by
section 8 of Act 126 of 1993]
-
Regulations
-
14. The
Minister may make regulations regarding-
-
(a) any
matter which
in terms
of this
Act is
required or
permitted
to be
prescribed;
-
(b) the
sizes of
the pieces
of land
into
which the
designated
land shall be subdivided;
-
(c) any
steps which
may be
taken
if the
developer
does not
comply with
the
conditions
contemplated
in section
2 (3)
or, if
applicable, the
developer does not
comply with any term
of an agreement referred to
in section 4;
-
(d) the
supply of
services to
persons who
are
settled on
the designated land;
-
(e) the
number
of people
who
may
inhabit
a piece
of
land contemplated in section 5;
-
(
f ) the
grant of
financial or
other
assistance to
a buyer
or lessee
of a piece of land contemplated in section 5,
-
and,
generally, with
regard to
any other
matter
which he
considers it
necessary or expedient to prescribe in
order to achieve or promote the objects
of this Act, and the generality of this provision
shall not be
limited by the preceding
paragraphs of
this section.
-
Delegation
-
- 15. (1) The
Minister may, on such conditions
as he or she may determine -
-
(a) delegate
to any
officer in
the
Department
of Land
Affairs
any power conferred upon the Minister
by this Act, except the power under section 14
to make
regulations;
-
(b) authorize
any such
officer to
perform any
duty imposed
upon the
Minister by
this Act.
-
(2) The
Minister
may, either
in general
or in
a particular
case or
in cases of a particular nature and on such
conditions as
he or
she may
determine -
-
(a) delegate to the Premier of a province or, with the
concurrence of the Premier,
to a member
of the Executive
Council of
that province, any power conferred upon
the Minister by this
Act, except
the power
under section
14 to
make regulations;
-
(b) authorize
that Premier
or member
of the
Executive
Council to perform any duty imposed
upon
the Minister
by this
Act.
-
(3) The
Premier or
the member
of the
Executive Council
contemplated in subsection (2) may, subject
to such conditions
as the
Minister may
determine -
-
(a) delegate
to
the
Director-General
of
the province
or
any officer of the provincial
administration in question any power delegated to
that Premier
or member
under
subsection
(2);
-
(b) authorize
that
Director-General
or any
such
officer to
perform any duty which that Premier or member is authorized to
perform under subsection
(2).
-
(4) The
Minister
may, with
the concurrence
of a
Municipal
Council, either
in general
or in
a particular
case or in cases
of a
particular nature
and on
such conditions
as he or she may determine -
-
(a) delegate
to any
officer of
the Municipal
Council any
power conferred upon the Minister by
this Act, except the power under
section 14 to make
regulations;
-
(b) authorize
that officer
of the
Municipal
Council to
perform any
duty imposed upon the Minister by this Act.
-
- (5) Any
delegation of
a power
or
authorization
to perform
a duty
under this
section -
-
- (a) shall be done in writing;
-
(b) shall
not prevent
the person
who effected
the
delegation
or granted the authorization
from exercising
that power of performing that duty himself
or herself;
-
(c) may
at any time be withdrawn in writing
by that
person. [section 15 substituted by
section 9 of Act 26 of 1998]
-
Short
title
-
16. This
Act shall be
called the Provision of Land
and Assistance Act, 1993.
[section 16 amended by section 10 of Act 26 of 1998]
-
- Note
:
-
- The
Act was
made
applicable
throughout
the
Republic
with
effect from 27 April 1994
in
- terms
of section
13 of the Provision
of Certain
Land
for Settlement
Amendment Act,
1998 (Act
-
No.
26 of 1998).
|
