- NO. 52 OF 1996: LAND
ADMINISTRATION AMENDMENT ACT, 1996.
-
- PRESIDENT'S OFFICE No.
1739.
-
24 October 1996
-
- NO. 52 OF 1996: LAND
ADMINISTRATION AMENDMENT ACT, 1996.
-
- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
-
- GENERAL EXPLANATORY NOTE:
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- Words in bold type
indicate omissions from existing enactments. Words in italics
indicate insertions in existing enactments.
-
ACT
-
- To amend the Land
Administration Act, 1995, so as to delete the definition of
"proclaimed area"; to insert a definition of
"Director-General" and to
insert a definition of
"Minister" in the Afrikaans text; to make further
provision for the delegation of powers; to
repeal the section which
confers upon the President certain powers with regard to laws in a
proclaimed area;
-
and
-
to make provision for matters
connected therewith.
-
(English
text signed by the President.) (Assented to 20 October 1996)
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BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:-
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- Amendment of section 1 of
Act 2 of 1995
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- 1. Section 1 of the Land
Administration Act, 1995 (hereinafter referred to as the principal
Act), is hereby amended-
-
- (a) by the insertion
before the definition of "Minister" of the following
definition:
-
" 'Director-General'
means the Director-General: Land Affairs;"; (b) by insertion,
in the Afrikaans text, after the
definition of
-
"Direkteur-generaal"
of the following definition: " 'Minister' die Minister van
Grondsake."; and
-
(c) by the deletion of the
definition of "proclaimed area". Amendment of section 2 of
Act 2 of 1995
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2. Section 2 of the principal
Act is hereby amended-
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- (a) by the substitution
for paragraph (d) of subsection (1) of the following
-
paragraph:
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- "(d) The Premier or
a member of the Executive Council of a province
- subject
-
- to whom any power has
been delegated under paragraph (a)(i) may,
-
- to any directions
contemplated in paragraph (b) and such further conditions and
periods of time as he or she may consider necessary,
in writing
delegate any such power to-
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- (i) the Director-General
of that province any member of' the
-
Executive Council of that
province; or
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- (ii) the Director-General
of that province, to be exercised by that Director-General or by
any officer in the service of the
provincial government concerned
indicated by that Director-General.";
- (b) by the insertion
after paragraph (d) of subsection (1) of the following paragraph:
-
- "(e) A member of
the Executive Council of a province to whom any power has been
delegated under paragraph (a)(i) may,
subject to any
-
directions
-
contemplated in paragraph
(b) or (d) and such further conditions and periods of time as the
Premier concerned or he or she
may consider necessary, in writing
delegate any such power to the Director-General
- of
-
- any
-
- that province to be
exercised by that Director- General or by any officer in the
service of the provincial government concerned
indicated by that
Director-General."; and
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(c) by the insertion after
subsection (1) of the following subsection: "(1A) (a) The
Director-General may in writing, either
in general or
-
in a particular case or in
cases of a particular nature, delegate any power relating to land
matters conferred upon him or her
in terms of
-
- law to-
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- (i) the Director-General
of a national department or a province, to be exercised by that
Director-General or by any officer
in that department or in the
service of the provincial government in question, as the case may
be, indicated by the Director-General
concerned; or
-
(ii) an
officer in the service of a local government body
-
contemplated in section 1 of
the Local Government Transition Act,
-
1993.$
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- (b) Any person to whom
any power has been delegated under paragraph (a) shall exercise
that power subject to the directions
of the Director-General.
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- (c) The Director-General
may at any time in writing withdraw such delegation, and the
delegation of any power shall not prevent
the Director-General from
exercising that power.";
-
- (b) by the substitution
in subsection (2) for the words following paragraph
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(b) of the following
words:
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- "either generally or
to the extent specified in the proclamation, and subject to such
conditions, amendments, adaptations,
modifications
-
and periods of time as the
President may consider necessary."; and
-
- (c) by the deletion
of paragraphs (a) and (b) of subsection (3).
- Repeal of section 3 of
Act 2 of 1995
- 3. Section 3 of the
principal Act is hereby repealed. Repeal of section 4 of Act 2 of
1995
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4. Section 4 of the
principal Act is hereby repealed.
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- Short title and
commencement
-
- shall be deemed to
have come into operation on 22 September 1995.
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