OFFICE
OF THE PRESIDENT
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- No. 1476.
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22 September 1995
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- NO. 43 OF 1995: LEGAL
SUCCESSION TO THE SOUTH AFRICAN TRANSPORT SERVICES AMENDMENT ACT,
1995.
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- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
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- GENERAL EXPLANATORY NOTE:
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- << >> Words
between two pointed brackets indicate insertions in existing
enactments.
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ACT
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- To amend the Legal
Succession to the South African Transport Services Act, 1989, so as
to provide for the integration of land
belonging to the Company and
the Corporation into conventional land use control systems; and to
provide for matters connected
therewith.
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- (Afrikaans text signed
by the President.) (Assented to 21 September 1995.)
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BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:-
Substitution of section 13 of Act 9 of 1989, as
amended by section
69 of Act
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129 of 1993
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- 1. The following section
is hereby substituted for section 13 of the Legal Succession to the
South African Transport Services
Act, 1989 (hereinafter referred to
as the principal Act):
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- "Integration of
Company's land into conventional land use control systems
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- <<13. (1) In this
section-
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- (a) "ancillary uses"
means the use of land, a building or a structure which is ancillary
to the transport uses of
such land, building or structure, or which
is directly related to or incidental to serving the interests of
the commuting public,
including the use of such land, building or
structure for offices, shops and recreational, business and
residential purposes;
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- (b) "competent
authority" means any person or body administering a zoning
scheme in terms of any law;
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- (c) "effective date"
means 1 April 1995;
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- (d) "existing use"
means the actual use of land owned by the Company as at the
effective date;
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- (e) "other zone"
means any land use zone in terms of a zoning scheme within the
operation of which the land in question
is situated, and which is
not a land use zone permitting specifically transport uses or
ancillary uses;
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- (f) "transport uses"
means the use of land, a building or a structure for the operation
of a public service for the
transportation of goods (including
liquids and gases) or passengers, as the case may be, by
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rail, air, road, sea or
pipeline, including the use of such land, building or structure as
a harbour, communication network,
warehouse, container park,
workshop, office or for the purposes of security services connected
with the aforegoing;
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- (g) "zoning scheme"
means any town planning or zoning scheme administered by a
competent authority relating to the
zoning or reservation of land
into areas or zones to be used exclusively or mainly for
residential, business, industrial, local
authority, governmental or
any other purposes.
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- (2) As from the effective
date, all land owned by the Company and shown on maps of a competent
authority or otherwise described
in terms of a zoning scheme-
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- (a) as land used
generally for transport or railway or harbour or pipeline purposes
or related activities, but which is not
so shown or described as
being part of any other zone, shall be deemed to have been zoned
for transport uses in terms of such
zoning scheme as of right and
without having to obtain the consent of any competent authority;
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- (b) as being part of any
other zone, shall be used in accordance with the uses which are
permitted in respect thereof and be
deemed to have been zoned also
for transport uses in terms of such zoning scheme as of right and
without having to obtain the
consent of any competent authority.
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- (3) As from 12 months
after the effective date, the land referred to in subsection (2)
shall also be deemed to have been zoned
for ancillary uses in terms
of the zoning scheme in question as of right and without having to
obtain the consent of the competent
authority in question.
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(4) (a) Any competent
authority contemplated in subsection (2) shall- (i) with effect
from the effective date, be deemed to
also have
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consented in terms of an
applicable zoning scheme to existing uses
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if the existing uses at that
date exceed the ambit of uses permitted in terms of subsection
(2); and
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- (ii) with effect from 12
months after the effective date, be deemed to also have consented
in terms of an applicable zoning
scheme to existing uses if the
existing uses at that date exceed the ambit of uses permitted in
terms of subsections (2)
and (3).
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- (b) The onus of proving
existing uses shall be on the Company.
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- (c) The competent
authority in question shall classify any proven existing uses in
terms of the land use zones provided for
in terms of the applicable
zoning scheme and the classification shall be deemed to be a zoning
of the land for all purposes.
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- (d) In addition to any
such existing uses, any use which is not an existing use but which
falls within the scope of uses permitted
in relation to the
relevant land use zone into which the existing use has been
classified, shall also be permitted in relation
to the land in
question without further consent being required: Provided that any
major expansion of an existing use in respect
of the extent of the
floor area or of the intensity of the existing use shall require
the prior consent of the competent authority
in question.
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- (5) (a) Subsections (2),
(3) and (4) shall not apply to land owned by the
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Company in respect of which a
local authority was, in terms of section
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13(3) as it applied prior to
the date of the commencement of the Legal
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Succession to the South
African Transport Services Amendment Act, 1995,
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obliged to record a suitable
zoning, and such local authority shall, to the extent that such
recording was not yet effected
as at that date, remain so obliged.
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(b) Any
recording effected pursuant to the said section 13(3) or paragraph
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(a) shall be deemed to be a
zoning of such land for all purposes.
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- (6) (a) Any other
agreement reached between the Company and a competent authority,
whether before or after the effective date,
in terms of which such
competent authority undertook or undertakes to amend its zoning
scheme in respect of land owned by the
Company so as to-
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- (i) permit transport uses
or ancillary uses, or both; or
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- (ii) provide for the
basis upon which land owned by the Company may be used for any
purpose other than that permitted in terms
of a zoning scheme in
force, whether with the consent of such competent authority or
through rezoning, shall prevail over
the provisions of subsections
(2), (3) and (4), and such agreement shall apply in respect of
such land.
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- (b) If an agreement
cannot be reached either party may refer the matter to the
Executive Council of the relevant Provincial
Government for
determination and the determination shall be deemed to be an
agreement contemplated in paragraph (a).
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- (7) (a) As from the
effective date, apart from a change of use by consent
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or by rezoning, any proposed
change of use of land owned by the Company to a use other than a
transport use or an ancillary
use, which is a significant departure
from the current use, shall be effected in accordance with such
additional procedures
as may be prescribed by the Minister in the
Gazette: Provided that, in the event of the Company
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and a competent authority
having agreed as contemplated in subsection (6) to specific
procedures, the change shall be effected
in accordance with such
procedures.
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- (b) The Minister may by
notice in the Gazette prescribe guidelines as to when a change of
use is a significant departure from
a current use.>>".
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- Amendment of section 31 of
Act 9 of 1989, as amended by section 22 of Act 52 of
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1991 and section 7 of Act 47
of 1992
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- 2. Section 31 of the
principal Act is hereby amended by the substitution for paragraph
(a) of subsection (1) of the following
paragraph:
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- " (a) the reference
in sections <<13(7)>>, 18(1) and 19(1) to the Minister
shall be interpreted as a reference
to the Minister of Transport;".
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- Short title
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- 3. This Act shall be
called the Legal Succession to the South African
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Transport Services Amendment
Act, 1995.
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