GAUTENG TRANSPORT INFRASTRUCTURE REGULATIONS, 2002
THE Member of the Executive Council for Public Transport, Roads and Works in the Province of Gauteng has under section 54 of the Gauteng Transport Infrastructure Act (Act 8 of 2001), made the regulations in the schedule hereto.
E K MOSUNKUTU
MEC FOR PUBLIC TRANSPORT, ROADS AND WORKS
DATE: 23/01/03
1. Definition
2. Level of income to disqualify person as occupier
3. Statutory width of provincial roads and railway lines
4. Written report for route determination
5. Notices in connection with route determination
6. Referral of land use issue to Townships Board by commission
7. Notice in respect of preliminary design
8. Notification of reasons for MEC's acceptance of preliminary design
9. Fee for application for amendment of preliminary design
10. Inspection of list and plans of accepted routes and preliminary designs
11. Application for reduction of building restriction area
12. Request to Registrar of Deeds to endorse proclamations on title deeds
13. Time by which owners, occupiers and other interested persons must be notified of proclamations
14. Emergency situations where traffic may be diverted onto a municipal road or street
15. Application to close or deviate road
16. Notice boards for closure or deviation of road
17. Reporting of damage to gates and fences
18. Application to connect road or path with provincial road
19. Fee for authorisation, approval or permission granted under the Act
20. Height of enclosure, fence or wall where permission not required
21. Inspection fee in connection with permission for structure
22. Appeal against decision of MEC regarding permission for township or subdivision of land
23. Impounding of livestock
24. Notices required by the Act
25. Fees
26. Offences and penalties
27. Short title
SCHEDULE 1: Schedule of Fees
SCHEDULE 2: Forms
(b) provincial roads that are bus routes or in rural areas, 62 metres;
(c) provincial roads that are dual carriageways, 48 metres;
(d) provincial roads that are not dual carriageways:
(ii) low order routes, 30 metres; and
(b) at least include, in addition to the matters mentioned in the Act
(ii) a statement of how the proposed route will affect provincial and municipal spatial frameworks and strategic development planning.
5(2) Where the MEC intends to refer an issue to a commission under section 6(5)(b) of the Act, he or she must cause to be published a notice in accordance with regulation 24(2), containing the particulars set out in section 6(7) of the Act in Form 3 in Schedule 2.
6 . . .
7 Notice in respect of preliminary design
(2) Interested persons may submit comments with regard to the draft preliminary design, and environmental report, if any, in writing by hand or registered post to the address and within 21 days after the date stated in the notice.
(2) The notice must contain-
(b) sufficient information, whether by way of a sketch or otherwise, as the Department deems sufficient to indicate, as the case may be, the general direction and situation of the road or railway line, or of the alteration or deviation thereof, or of the land expropriated or where material will be acquired or where storm water will be diverted;
(c) a statement that a plan is available for inspection by any interested person at times and places stated in the notice or that the land in question has been demarcated by the erection of beacons or other means; and
(d) a notification that the recipient of the notice may make comments and representations with regard thereto by a date being not less than 21 days after receipt of the notice, and where the notice was sent by registered post, the recipient will be deemed to have received it seven days after posting thereof.
14 Emergency situations where traffic may be diverted onto a municipal road or street
(b) where the deviation will avoid an unacceptable build-up of traffic.
15 Application to close or deviate road
(b) a statement that application has been made for the closure or deviation of the road and brief reasons for the closure or deviation; and
(c) a reference to the notice mentioned in section 38(2) of the Act and the date by which comments or objections must be submitted under that section.
(3) The notice must be fixed to a stout post with the lower edge of the board not less than 2,5 metres and not more than 2,8 metres from the ground.
(4) The notice must be made of durable material that will not be defaced in the case of rain and must be kept in position and in good order until a decision is made by the MEC as to whether or not to close or deviate the road.
(b) the erection, construction or laying of a structure or other object on, over or below a provincial road, railway line or other transport infrastructure or in a building restriction area or to make alterations or additions thereto under section 46(1) of the Act;
(c) carrying on a trade or exposing goods for sale on a provincial road or railway line or on or in any transport infrastructure or in a building restriction area under section 47(1) of the Act: Provided that application is also made to the relevant municipality if required by its by-laws; or
(d) providing service facilities or allowing the provision of filling stations, restaurants, playgrounds and other facilities for the use of the travelling public within provincial roads under section 50(2)(o) of the Act, an application fee is payable as prescribed in Schedule 1.
(b) clearly and fully describe the decision appealed against;
(c) specify the date of the decision appealed against;
(d) clearly and fully set out the reasons for and grounds of the appeal, but the appellant may not place before the Townships Board evidence, statements or other material that was not placed before the MEC; and
(e) be accompanied by the fee prescribed in Schedule 1.
(3) The Townships Board must forward the notice of appeal to other affected persons within 14 days of receiving the notice of appeal.
(4) The Townships Board must convey its decision in writing to the appellant and to all parties who are affected by the decision within 14 days after the decision was taken.
(2) Where the traffic officer or official is satisfied that such an animal is posing a direct danger to motorists or other persons using the road or railway line, he or she may have the animal suitably restrained or destroyed, as required by the circumstances.
(2) Where notice must be given by the MEC in terms of regulations 5, 7 and 8, the notice must be published in the Provincial Gazette and in at least three newspapers circulating widely in the Province, one such newspaper being in English and the others in two different official languages.
| Item | Sec. of Act | Reg. no. | Description | Fee |
| 1 | 8(9) | 9 | Application to amend preliminary design | R1000 |
| 2 | 12(2) | 11 | Application for reduction of a building restriction area | R1000 |
| 3 | 38(1) | 15 | Application to close or deviate a provincial road or access road | R1000 |
| 4 | 42(2) | 18 | Application fee to connect a road or path with a provincial road: private remises | R1000 |
| 5 | 42(2) | 18 | Application fee to connect a road or path with a provincial road: business remises | R5000 |
| 6 | 43(1) | 19(1)(a) | Application fee to grant access to a provincial road or railway line: private premises | R1000 |
| 7 | 43(1) | 19(1)(a) | Application fee to grant access to a provincial road or railway line: business premises | R5000 |
| 8 | 46(1) | 19(1)(b) | Application fee for permission to erect, construct or ay a structure or other object on, over or below a provincial road, railway line or other transport infrastructure or in a building restriction area or to make alterations or additions thereto | R2000 |
| 9 | 46(6) | 21 | Inspection fee in connection with permission to erect, construct or lay a structure or other object on, over or below a provincial road, railway line or other transport infrastructure or in a building restriction area or to make alterations or additions thereto where inspection required | R1000 |
| 10 | 48(13) | 22 | Fee for appeal to Townships Board | R1000 |
| 11 | 47(1) | 19(1)(c) | Application fee for permission to carry on a trade or expose goods for sale in provincial transport infrastructure or in a building restriction area | No fee |
| 12 | 50(2)(o) | 19(1)(e) | Application fee to provide service facilities or allow filling stations, restaurants etc. for the use of the travelling public within a provincial road | R5000 |
The Member of the Executive Council for Public Transport, Roads and Works of Gauteng Province hereby gives notice that he or she proposes to determine the route of a provincial road/railway line in terms of section 6 of the Gauteng Transport Infrastructure Act 8 of 2001 ("the Act").
The following is a broad description of the proposed route:
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A preliminary route report and environmental report may be inspected at the following address during office hours from 8:00 to 16:00 on weekdays, and copies of the reports may be obtained at that address:
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Interested and affected parties are invited to submit written comments on the recommended route within 21 days from ............................... 20..... by hand to the abovementioned address or by fax to number .......................................... or by E-Mail to the following address: ............................................................. or by post to .................. ......................................... ., for attention: Director: Planning, quoting reference number: ................................................
Notice is also given that the regulatory measures contemplated in section 7 of the Act will take effect on publication of the route in terms of section 6(11) of the Act. These measures include that every application for the establishment of a township, for subdivision of land, for any change of land use in terms of any law or town planning scheme as well as for any authorisation contemplated in the Environment Conservation Act 73 of 1989 or the National Environmental Management Act 107 of 1998 in respect of the areas mentioned in section 8(1) of the Act, must be accompanied by a written report by a consulting civil engineering firm specialising in road design and transportation engineering, reporting on the matters set out in that section. These measures appear from that section, which is quoted below for convenience:
(1) After the publication of the notice contemplated in section 6(11) and in addition to any law, every application for the establishment of a township, for subdivision of land, for any change of land use in terms of any law or town planning scheme as well as for any authorisation contemplated In the ECA and NEMA. in respect of the areas mentioned In section 8(1), must be accompanied by a written report by a consulting civil engineering firm specialising In road design and transportation engineering, reporting on the following matters:
(ii) the future preliminary design of the provincial road or railway line in respect of which the said route has been determined; and
(iii) any other route published or deemed to have been published In terms of section 6(11), any preliminary design in respect of which the acceptance has been published or deemed to have been published in terms of section 8(7) and any other provincial road or railway line;
(c) the additional cost in respect of future preliminary design if an amended route should be found to be feasible, should the application be granted; and
(d) any other relevant matter pertaining to the said route, design and construction of the provincial road or railway line which may be relevant should the application be granted.
(3) The application accompanied by the report in addition to the provisions of any other law must be forwarded to the MEC by.
(b) the authority or body to which such application has been made; or
(c) the applicant, provided that the applicant must-
(ii) submit proof to the satisfaction of the relevant authority that the applicant has forwarded the application to the MEC.
(5) No application may be granted without due consideration of-
(b) the written report and matters contemplated in subsection (1) above;
(c) the additional costs which the granting of the application may cause directly and Indirectly to the State and the community concerned, weighed against the advantage to the applicant and the community of granting the application; and
(d) the extent to which the granting of the application promotes sustainable development which integrates transport planning and land use planning in view of transportation engineering requirements.
(7) Within 28 days after having received the decision and reasons for having granted the application, the MEC is entitled to appeal against the decision, in accordance with the procedure prescribed In the applicable law with the necessary granges being made, to the appeal authority or appeal tribunal provided for in the relevant law, provided that where the applicable law prescribes an appeal to the Premier, any member of the Executive Committee, or Government official of the Province, the appeal must be heard and finally disposed of by the Townships Board for the Province as though the said Townships Board had the final appellate jurisdiction with regard to the appeal.
(8) After the publication of the notice contemplated in section 6(11) and despite any law to the contrary, no service provider may after commencement of this section, lay, construct, alter or add to any pipeline, electricity line or cable, telephone line or cable, or any other structure on, over or under the areas described in section 8(1) or may construct, alter or add to any structure of any nature whatsoever on, over or under such areas, except-
(b) in terms of an existing registered servitude."
The Member of the Executive Council for Public Transport, Roads and Works of Gauteng Province ("the MEC") hereby gives notice that a preliminary design of the route of a provincial road/railway line has been prepared in terms of section 8(4)(a) of the Gauteng Transport Infrastructure Act 8 of 2001 ("the Act"), and, if applicable, an environmental report in terms of section 8(4)(b) thereof.
Notice is also given that the MEC intends to take a decision on the draft preliminary design.
The following is a broad description of the route:
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The preliminary design and environmental report may be inspected at the following address during office hours from 8:00 to 16:00 on weekdays:
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Interested and affected parties are invited to submit written comments on the preliminary design and environmental report (if applicable) by not later than .............................. 20..... by hand to the abovementioned address or by fax to number ........................................................................ or by E-Mail to the following address: ..................................................................................................... ............ or by post to ..................................................................................................... ........, for attention: Director: Design, quoting reference number: ......................................
Notice is also given that the regulatory measures contemplated in section 9 of the Act will take effect on publication of the acceptance of the preliminary design. These measures appear from that section, which is quoted below for convenience:
(1) As from the publication of the notice In respect of the acceptance of a preliminary design as contemplated in section 8(7), and despite the provisions of any law to the contrary-
(bb) a condition for amending the preliminary design requiring the applicant to pay all or any of the costs incurred by the MEC in the process, in which case section 38 applies;
(c) no application for a change in land use in respect of a portion of land adjacent to the road reserve boundary of a preliminary design in an urban area may be granted without the written comments of the MEC first having been obtained and considered in accordance with the applicable planning procedure by the authority empowered to grant changes in land use, which must duly consider such comments, and section 7(6), (7) and (8) applies in such a case, with the necessary changes.
(b) in terms of an existing registered servitude."
The Member of the Executive Council for Public Transport, Roads and Works of Gauteng Province hereby gives notice that he or she proposes to refer an issue or issues to a commission in connection with the determination of the route of a provincial road/railway line in terms of section 6 of the Gauteng Transport Infrastructure Act 8 of 2001 ("the Act").
The following is a summary of the issue or issues referred to the commission: .......... The following is a broad description of that part of the route affected by the issue or issues referred to the commission: .............................................................................. The preliminary route report, environmental report and comments received in terms of subsections 6(3)(c) and (4) of the Act relevant to the issue or issues referred to the commission may be inspected at the following address during office hours from 8:00 to 16:00 on weekdays, and copies of the reports may be obtained at that address:
All persons directly affected by the issue or issues referred to the commission are invited to submit written comments within 30 days from ............................... 20..... by hand to the abovementioned address or by fax to number ........................................... or by E-Mail to the following address: ..................................................................................................... ....... or by post to ..................................................................................................... ..., for attention: Director: Planning, quoting reference number: ................................................
A public inquiry will be held on ....................... 20..... at ............................................... .............................................., and any persons directly affected by the issue or issues referred to the commission may appear at such inquiry to motivate their written comments should they wish to do so.
Notice is also given that the regulatory measures contemplated in section 7 of the Act will take effect on publication of the route in terms of section 6(11) of the Act. These measures include that every application for the establishment of a township, for subdivision of land, for any change of land use in terms of any law or town planning scheme as well as for any authorisation contemplated in the Environment Conservation Act 73 of 1989 or the National Environmental Management Act 107 of 1998, in respect of the areas mentioned in section 8(1) of the Act, must be accompanied by a written report by a consulting civil engineering firm specialising in road design and transportation engineering, reporting on the matters set out in that section. These measures appear from that section, which is quoted below for convenience:
(1) After the publication of the notice contemplated in section 6(11) and in addition to any law, every application for the establishment of a township, for subdivision of land, for any change of land use In terms of any law or town planning scheme as well as for any authorisation contemplated in the ECA and NEMA, in respect of the areas mentioned in section 8(1), must be accompanied by a written report by a consulting civil engineering firm specialising in road design and transportation engineering, reporting on the following matters:
(ii) the future preliminary design of the provincial road or railway line in respect of which the said route has been determined; and
(iii) any other route published or deemed to have been published in terms of section 6(11), any preliminary design in respect of which the acceptance has been published or deemed to have been published in terms of section 8(7) and any other provincial road or railway line;
(c) the additional cost in respect of future preliminary design if an amended route should be found to be feasible, should the application be granted; and
(d) any other relevant matter pertaining to the said route, design and construction of the provincial road or railway line which may be relevant should the application be granted.
(3) The application accompanied by the report in addition to the provisions of any other law must be forwarded to the MEC by:
(b) the authority or body to which such application has been made; or
(c) the applicant, provided that the applicant must-
(ii) submit proof to the satisfaction of the relevant authority that the applicant has forwarded the application to the MEC.
(5) No application may be granted without due consideration of-
(b) the written report and matters contemplated in subsection (1) above;
(c) the additional costs which the granting of the application may cause directly and indirectly to the State and the community concerned, weighed against the advantage to the applicant and the community of granting the application; and
(d) the extent to which the granting of the application promotes sustainable development which Integrates transport planning and land use planning in view of transportation engineering requirements.
(7) Within 28 days after having received the decision and reasons for having granted the application, the MEC is entitled to appeal against the decision, in accordance with the procedure prescribed in the applicable law with the necessary changes being made, to the appeal authority or appeal tribunal provided for in the relevant law, provided that where the applicable law prescribes an appeal to the Premier, any member of the Executive Committee, or Government official of the Province, the appeal must be heard and finally disposed of by the Townships Board for the Province as though the said Townships Board had the final appellate jurisdiction with regard to the appeal.
(8) After the publication of the notice contemplated in section 6(11) and despite any law to the contrary, no service provider may after commencement of this section, lay, construct, alter or add to any pipeline, electricity line or cable, telephone line or cable, or any other structure on, over or under the areas described in section 8(1) or may construct, alter or add to any structure of any nature whatsoever on, over or under such areas, except-
(b) in terms of an existing registered servitude."
[ASSENTED TO 19 DECEMBER 2001]
[DATE OF COMMENCEMENT: TO BE PROCLAIMED]
To consolidate the laws relating to roads and other types of transport infrastructure in Gauteng; and to provide for the planning, design, development, construction, financing, management, control, maintenance, protection and rehabilitation of provincial roads, railway lines and other transport infrastructure in Gauteng and to provide for matters connected therewith.
2 Standard width of provincial roads, railway lines and access roads
3 List of provincial roads
5 Phases of route determination and design of provincial roads and railway lines
6 Determination of the route
7 Regulatory measures in respect of routes
8 Preliminary design
9 Regulatory measures in respect of accepted preliminary designs
10 Existing route planning and preliminary design of future provincial roads and railway lines
12 Increase or reduction of building restriction areas
13 Proclamation of access roads
14 Endorsement of proclamations on title deeds
15 Public participation
16 Deproclamation of provincial roads, railway lines and access roads
17 Closing of provincial roads to traffic
18 Proclamation of provincial road, railway line or access road
19 Expropriation of land or rights in land
20 Entering upon or taking possession of land
21 Acquisition of material
22 Demolishing and evacuation of buildings or structures
23 Notices proclaiming roads and notices of expropriation
24 Passing of ownership in expropriated property
25 Offers of compensation
26 Duties of the owner of expropriated property
27 Payment of amount offered as compensation
28 Basis on which compensation is to be determined
29 Unregistered leases and rights of labour tenants and occupiers
30 Determination of compensation
31 Orders as to costs
32 Effect of court application or appeal
33 Bonds and unregistered rights
34 Payment of municipal taxes
35 Deposit of compensation with Master
36 Termination of unregistered rights on expropriation
37 Withdrawal of expropriation
39 Fences, gates etc.
40 Leading of water
41 Disposal of storm water
42 Connection of roads and paths with provincial roads
43 Access to and exits from provincial roads and railway lines
44 Advertising on or visible from provincial roads and railway lines
45 Disused vehicles, refuse etc. on or near provincial roads or railway lines
46 Structures and other works on, over or below provincial roads or railway lines or certain other land
47 Trading on provincial roads or railway lines or in building restriction areas
48 MEC's approval necessary for establishment of certain townships and division of certain land
49 Mining operations on or under provincial roads, railway. lines or building restriction areas
51 Agreements with other authorities or persons
53 Offences and penalties
54 Regulations
55 Limitation of liability
56 Delegation, subcontracting and agency
57 Reconsideration of MEC s approval
58 Law enforcement
59 Transitional provisions
60 Repeal of laws
61 This Act binds the State
62 Short title and commencement
"access road" means an access road contemplated in section 13;
"advertisement" means any visible representation of a word, name, letter, figure, object mark or symbol or of an abbreviation of a word or name, or of any combination of such elements having the effect of transferring information or drawing attention to something, and includes a board or object normally used for such purposes, even though actual information is not transferred thereby, but does not include a road traffic sign;
"bridge" includes a culvert, a causeway and a pedestrian bridge;
"building restriction area" means, subject to section 12, the area consisting of land (but excluding land in an urban area)-
(b) situated within a distance of 500 metres from a point of intersection of a provincial road and any other road, or of a provincial road and a railway line;
"construct" or "construction" includes planning, design, surveying, laying out, clearing of vegetation, excavation, forming and making of transport infrastructure and the construction of a bridge or drift to service a road or railway line or proposed road or railway line, all signs and markings and necessary approaches, excavations, embankments, subways, furrows, drains, curbs, weigh-bridges and other control stations, fences, parapets, guards or drainage works within or outside such road or railway line, or other works or things forming part of or connected with or relating to such transport infrastructure; and further includes an alteration, deviation, widening, rehabilitation or improvement of such transport infrastructure;
"date of expropriation" means the date on which ownership of expropriated land will pass to the Province as a result of an expropriation under section 19, as stated in a notice of expropriation in terms of section 23(1);
"Department" means the Department in the Gauteng Provincial Government responsible for provincial roads;
"ECA" means the Environment Conservation Act, 1989 (Act 73 of 1989);
"fideicommissary" means a person who has the right to inherit property on the death of the registered owner of the property and whose rights are defined by the common law;
"fideicommissum" means a right to inherit property on the death of the registered owner of the property within the meaning of the common law;
"freeway" means a road or section of a road designated as a freeway by the MEC in terms of section 11(6) or is deemed to be a freeway under section 11(7);
"interested and affected parties" includes any person or institution who's rights or interests are likely to be affected by the action or decision in question
"lessee" includes a labour tenant as defined in the Land Reform (Labour Tenants) Act, 1996 (Act 3 of 1996) and a sub-lessee by virtue of a written contract of sub-lease;
"maintain" or "maintenance" includes the maintenance in good order c transport infrastructure, together with all bridges, approaches and drifts within the road reserve, all road and traffic signs, signals, traffic control devices an, markings, excavations, embankments, subways, furrows, drains, curbs, weigh bridges, fences, parapets, guards, drainage works within or outside such infrastructure, and any other work or thing forming part of or connected with o relating to such infrastructure;
"MEC" means the Member of the Executive Council of the Province contemplated in section 132 of the Constitution responsible for provincial roads;
"municipality" means a municipality referred to in section 155(6) of the Constitution, and includes all categories of municipalities;
"municipal road" or "municipal street" means a road under the control of municipality in terms of section 63 of the Local Government Ordinance [Transvaal], 1939 (Ordinance 17 of 1939), section 84(1)(f) of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), or any other law;
"NEMA" means the National Environmental Management Act, 1998 (Act 107 of 1998);
"occupier" means a person residing on land which belongs to another person and who has on 4 February 1997 or thereafter had consent or any other right in law to do so, out excluding-
(b) a person using or intending to use the land in question mainly for industrial, mining, commercial or commercial farming purposes, but including a person who works the land himself or herself and does not employ any person who is not a member of his or her family; and
(c) a person who has an income in excess of the prescribed amount;
(b) if the estate of the owner has been sequestrated, the trustee of the insolvent estate;
(c) if the owner is a company or other juristic person;
(d) if the owner is a company or other juristic person that is being wound up, the 1iquidator thereof;
(e) if the owner is under a legal disability, the owner's legal representative;
(f) the authorised representative of the owner; or
(g) in the case of a road or public place under the control of a municipality that municipality;
"prescribe" or "prescribed" means prescribed by this Act or by the MEC by regulation in the Provincial Gazette;
"Province" means the Province of Gauteng;
"provincial road" means the full road reserve of any road proclaimed or designated as such for the use of the general public under this Act or under a law repealed by this Act in terms of section 60, and includes a temporary deviation thereof, but excludes-
(b) roads falling under the jurisdiction of a municipality in terms of this Act or any other law;
"railway line" means a right of way for the use of heavy or light rail proclaimed, designated or expropriated as such under this Act and includes a temporary deviation thereof;
"relevant municipality" means the municipality in whose area of jurisdiction transport infrastructure is situated and, in the case of a category B or C municipality contemplated in section 155(1)(b) or (c) of the Constitution, the municipality which by law or by agreement between the category B and category C municipalities, has control and supervision of the infrastructure in question;
"road" means a road intended for vehicular or animal traffic, including cycle traffic, and includes a bridge or drift traversed by a road and intended for use in connection therewith;
"road reserve" means the full width of a road, and includes the roadside and the roadway;
"roadway" means that part of a road made and intended or used for traffic or reasonably usable by traffic in general;
"route" means a route contemplated in section 6;
"service provider" means any sphere of government, an institution or organ of state as defined in section 239 of the Constitution, company, corporation, or other person providing or empowered or entitled to provide services in connection with the provision of electricity, water, sewerage, gas, telephone lines, or similar services;
"State" means any department of state or administration in the national, provincial or local sphere of government;
"township" means an area divided into erven or plots, whether with or without public open spaces, and into streets bounded by the erven, plots or open spaces and-
(b) recognised by the MEC as a township for the purposes of this Act, to the extent so recognised;
"township owner" means the owner of a township;
"traffic" includes vehicular, motor cycle, cycle, pedestrian and animal traffic;
"traffic sign" means a road traffic sign as defined in the National Road Traffic Act, 1996 (Act 93 of 1996), and also includes a rail signal;
"transport infrastructure" includes provincial roads, railway lines, parking areas and sites, bridges, tunnels, resting places, stopping places, weighbridges, stations, sidings and other traffic control centres and facilities for the use of motor vehicles, buses, taxis or trains and their passengers, and includes similar or related structures, and all immovable property and servitudes, including commercial facilities, used in connection with such infrastructure;
"urban area" means an area consisting of-
(ii) which is used or destined to be used mainly for farming or horticulture or the keeping of animals or is an agricultural holding as defined in section 7 of the Agricultural Holdings (Transvaal) Registration Act, 1919 (Act 22 of 1919); or
(iii) which consists of any other open space which has not been developed or reserved for public purposes; or
(b) all freeways deemed to be such under section 11(7);
(c) all roads declared as or deemed to be public roads under the Roads Ordinance 1957 (Ordinance 22 of 1957) or public roads situated on land acquired under that Ordinance. that were listed as numbered roads by the Department before the commencement of this section, as contemplated in regulation 81(a) of the Roads Regulations, 1957 (promulgated under the Roads Ordinance 1957 (Ordinance 22 of 1957)) but excluding roads contemplated h subsection (2).
(b) the availability of funds to maintain the road;
(c) any other factor that the MEC regards as relevant.
(b) request their comments in relation to the draft list, and
(c) give due regard to any comments received in terms of paragraph (b).
(5) Only provincial roads listed in terms of subsection (1) shall be under the control and supervision of the MEC and the MEC shall not be obliged to control, maintain, protect or rehabilitate any road that is not so listed.
(6) The list contemplated in subsection (1) must be-
(b) updated whenever a new provincial road is proclaimed.
(b) preliminary design.
6 Determination of the route
(2) The determination of a route must be compatible with any spatial framework or other strategic provincial development planning formulated in terms of development planning legislation of the Province and if not, the approval of the Member of the Executive Council responsible for development planning must be obtained before determining route under this section.
(3) Before determining a route or amended route, the MEC must cause-
(b) after such investigation, a public inquiry to be held and for that purpose must appoint a suitably qualified commission consisting of not more than ten members of whom:
(ii) not more than two persons nominated by municipalities in whose areas the route will be situated;
(iii) one official from the Department of Development Planning and Local Government or its successor;
(iv) one official from the Department;
(v) at least two professional civil engineers;
(vi) at least one town and regional planner registered as such with the South African Council for Town and Regional Planners as contemplated in the Town and Regional Planners Act, 1984 (Act 19 of 1984); and
(vii) a suitably qualified chairperson who may be one of the persons referred to in paragraphs (i) to (vi).
(b) particulars of the times and places at which the preliminary route report and the environmental report can be inspected and copies be made;
(c) inviting all interested and affected parties-
(ii) to appear at the public inquiry to motivate such written comment should they so wish, or to present comment on such recommended route orally and in person;
(e) a reference to the regulatory measures which take effect in terms of section 7 on the publication of the route in terms of subsection (9).
(ii) comply with the procedures to be followed in connection with public inquiries as prescribed in terms of section 10(1)(b) of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000), or failing such prescription, as prescribed by the MEC; and
(b) a summary of the oral representations made at the public inquiry; and
(c) recommendations to the MEC in respect of the proposed route, with reasons for such recommendations.
(8) For the purpose of subsection (7), "land use issue" means an issue involving the change in the use of any land that is likely to be brought about by the determination of the route.
(9) After consideration of the report contemplated in subsection (6), the MEC may determine a route for the provincial road or railway line and the route must thereafter be published by reference to the centre line thereof, by notice in the Provincial Gazette which notice must contain-
(b) a notification that the regulatory measures set out in section 7 take effect from the date of publication of the notice; and
(c) a notification that reasons for the decision of the MEC with respect to the determination of the route, may be requested by interested and affected parties within 30 days of the date of publication of the notice.
(11) The provisions of this section are not applicable to access roads.
(ii) the future preliminary design of the provincial road or railway line in respect of which the said route has been determined; and
(iii) any other route published or deemed to have been published in terms of section 6(9), any preliminary design in respect of which the acceptance has been published or deemed to have been published in terms of section 8(7) and any other provincial road or railway line;
(c) the additional cost in respect of future preliminary design if an amended route should be found to be feasible, should the application be granted; and
(d) any other relevant matter pertaining to the said route, design and construction of the provincial road or railway line which may be relevant should the application be granted.
(3) The application accompanied by the report in addition to the provisions of any other law must be forwarded to the MEC by:
(b) the authority or body to which such application has been made; or
(c) the applicant provided that the applicant must-
(ii) submit proof to the satisfaction of the relevant authority that the applicant has forwarded the application to the MEC.
(5) No application may be granted without due consideration of-
(b) the written report and makers contemplated in subsection (1) above;
(c) the additional costs which the granting of the application may cause directly and indirectly to the State and the community concerned, weighed against the advantage to the applicant and the community of granting the application; and
(d) the extent to which the granting of the application promotes sustainable development which integrates transport planning and land use planning in view of transportation engineering requirements.
(7) Within 28 days after having received the decision and reasons for having granted the application, the MEC is entitled to appeal against the decision, in accordance with the procedure prescribed in the applicable law with the necessary changes being made, to the appeal authority or appeal tribunal provided for in the relevant law, provided that where the applicable law prescribes an appeal to the Premier, any member of the Executive Committee, or Government official of the Province, the appeal must be heard and finally disposed of by the Townships Board for the Province as though the said Townships Board had the final appellate jurisdiction with regard to the appeal.
(8) After the publication of the notice contemplated in section 6(9) and despite any law to the contrary, no service provider may after commencement of this section, lay, construct, alter or add to any pipeline, electricity line or cable, telephone line or cable, or any other structure on, over or under the areas described in section 8(1) or may construct, alter or add to any structure of any nature whatsoever on, over or under such areas, except-
(b) in terms of an existing registered servitude.
8 Preliminary design
(b) a distance of 500 metres from me intersection of me centre line of the route with the centre line of-
(ii) a preliminary design, the acceptance of which has been published in terms of section 8(7) or deemed to have been published in terms of section 10(3); or
(iii) any other road or railway line.
(b) both road or rail reserve boundaries of me preliminary design fall outside the areas mentioned in subsection (1), a route determination in terms of-sections 6(1) to (9) must be done to the extent that such road or rail reserve boundaries of the preliminary design fall outside the said areas.
(b) in respect of properties which will be indirectly affected by the preliminary design with regard to-
(ii) existing or future services; and
(iii) the interests of the registered owners and holders of registered rights in respect thereto;
(d) the environment.
(b) such environmental investigation and written report in respect thereof to be carried out as the competent authority contemplated in section 22 of the ECA, or the authority contemplated in the relevant corresponding sections of NEMA, once those sections come into operation, may decide;
(5) The MEC must take such steps as may be prescribed, within the prescribed periods, to notify the interested persons contemplated in subsection (3) of-
(b) the environmental report contemplated in subsection (4)(b);
(c) the MEC's intention to decide on the draft preliminary design;
(d) the regulatory measures which take effect in terms of section 9 on the publication of the acceptance of the preliminary design in terms of subsection (7); and
(e) the opportunity, in the prescribed time and manner, to submit comments with regard to the draft preliminary design and environmental report.
(b) such comments of interested and affected parties as may have been submitted in consequence of the notice contemplated in subsection (5);
(7) The MEC must thereafter publish for general information, his or her acceptance of the preliminary design for implementation by notice in the Provincial Gazette containing-
(b) such information, whether by way of sketch plan or reference to a plan available for inspection at a given address, as the MEC may deem sufficient to indicate the direction and alignment of the provincial road or railway line according to the preliminary design;
(c) a notification that the regulatory measures provided for in section 7 in respect of the route cease to apply from the date of the notice to the extent of the route along or over which the preliminary design was accepted by the MEC in terms of subsection (6);
(d) a notification that the regulatory measures contained in section 9 apply from the date of the notice with relation to the preliminary design; and
(e) a notification that the reasons for the acceptance may be requested by interested and affected parties within the prescribed period after the date of publication of the notice.
(9) The power of the MEC contemplated in subsection (8), may also be exercised on written application by anyone who desires that such preliminary design be amended, accompanied by payment of a prescribed fee, and in that event the provisions of sections 38(2) to (6) apply to such application.
(10) On publication of the notice contemplated in subsection (7), any notice published in terms of section 6(9) in respect of the route along or over which the said preliminary design has been approved by the MEC, shall be deemed to have been revoked to the extent of the route along or over which the said preliminary design was accepted by the MEC in terms of subsection (6).
(11) Subsections (1)(a), (b) and (2) shall not apply to access roads.
(bb) a condition for amending the preliminary design requiring the applicant to pay all or any of the costs incurred by the MEC in the process, in which case section 38 applies;
(c) no application for a change in land use in respect of a portion of land adjacent to the road reserve boundary of a preliminary design in an urban area may be granted without the written comments of the MEC first having been obtained and considered in accordance with the applicable planning procedure by the authority empowered to grant changes in land use, which must duly consider such comments, and section 7(6), (7) and (8) applies in such a case, with the necessary changes.
(b) in terms of an existing registered servitude.
10 Existing route planning and preliminary design of future provincial roads and railway lines
(b) the Premier of the Province; or
(c) the MEC; under that Ordinance before the date of commencement of this section shall be deemed to have been determined and published in terms of section 6(9) as soon as the MEC has published a notice in the Provincial Gazette to the effect that the centre line thereof has been determined, from which date the relevant provisions of sections 5 to 8 apply to such a route as though it had been published in terms of section 6(9).
(3) Every preliminary design of a provincial road within the Province, including such design in the form of basic planning, which has been accepted by-
(b) the Premier of the Province; or
(c) the MEC,
(4) The MEC must keep a list of all preliminary designs contemplated in subsection (3), which must be available for inspection by interested and affected parties, together with the plans in respect thereof, at prescribed times and places.
(b) proclaim that a provincial road or railway line shall exist on any land of a width that the MEC deems sufficient;
(c) alter the status of a provincial road or railway line; and
(d) close or deviate a provincial road or railway line.
(3)(a) The MEC may cancel a notice contemplated in subsection (1), after consulting the relevant municipality in cases where the road or railway line has already been constructed, subject to subsection (5); or
(b) The MEC may amend such a notice, after consulting the relevant municipality in cases where the amendment is substantial, subject to subsection (4).
(4) The public may use a provincial road which has ceased to have the status of a provincial road in terms of subsection (1)(d) until physically closed by the MEC by visible means.
(5) The MEC may act without comments or recommendations from municipalities where they fail to provide them within 60 days of being requested to do so in writing.
(6) The MEC may designate any provincial road or portion thereof, either in the notice proclaiming it or in a later notice in the Provincial Gazette, as a freeway.
(7) Any provincial road that has been designated as a freeway by an appropriate road traffic sign in terms of the National Road Traffic Act, 1996 (Act 93 of 1996) before the commencement of this section, shall be deemed to have been designated by the MEC in terms of subsection (6).
(8) Where a road w railway line is proclaimed over land in terms of subsection (1), the rights to precious metals, precious stones, base minerals and natural oil shall continue to vest in the person (including the State) in whom they vested prior to the date of proclamation.
(2) Any person may apply to the MEC, in the prescribed manner and on payment of the prescribed application fee, for the reduction of a building restriction area, which may be granted or refused by the MEC having regard to the nature of the road or railway line involved, the development or proposed development along that road or railway line and other factors regarded as relevant by the MEC.
(2) The MEC may cancel or amend a notice referred to in subsection (1).
(3) Despite section 50(2)(a), the MEC is not obliged to plan, design, develop, construct, finance, manage, control, maintain, protect or rehabilitate any access road.
(4) The provisions of this Act relating to provincial roads shall apply equally to access roads, unless indicated otherwise or clearly inappropriate.
(2) An endorsement under subsection (1) shall serve as a note contemplated in section 31(6)(a) or 32(5), as the case may be, of the Deeds Registries Act, 1937 (Act 47 of 1937).
(b) afford such persons not less than 21 days to make comments and representations with regard thereto;
(c) take such other steps as may be prescribed, and
(d) otherwise comply with the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000).
(3) The actions to which subsections (1) and (2) apply are the following:
(b) proclaiming an access road under section 13(1) or cancelling or amending a notice in that regard under section 13(2)
(c) closing or deviating a provincial road under section 17, unless it is dangerous or impractical in the circumstances to undertake the actions contemplated in section 17(1);
(d) expropriating land or a right in land under section 19(1);
(e) acquiring material under section 21(1);
(f) diverting storm water onto property under section 41(1); or
(g) issuing a written order to deviate an access or exit under section 43(7).
16 Deproclamation of provincial roads, railway lines and access roads
(b) if the MEC does not take such a decision, and an agreement has not beer reached under paragraph (c), the ownership of the land or rights in respect of which compensation was paid shall vest in the Province on the date of such proclamation, and the Registrar of Deeds having jurisdiction must make the appropriate entries in the Deeds Registry in that regard on application by the MEC; or
(c) the MEC and the owner of the land on which the road, railway line or portion is situated may agree that the owner will pay to the MEC the current marker value of the land on which such road, railway line or portion is situated, in which case such land shall fall back to the full control of the owner as if the road, railway line or portion was never proclaimed as a provincial road, railway line or access road,
(2) Where the MEC amends or revokes a notice proclaiming, widening or permanently deviating a provincial road, railway line or access road, or where the MEC proclaims that an existing road or railway line will be permanently closed, with the effect that the ]and concerned is no longer required for road or rail purposes, and where compensation for the land concerned has not yet been paid, the MEC is not liable to pay such compensation and the land on which such road, railway line or portion is situated shall fall back to the full control of the owner as if the road, railway line or portion was never proclaimed as a provincial road, railway line or access road.
(b) whenever considered expedient, for a purpose other than a purpose referred to in paragraph (a)-
(ii) close a provincial road temporarily to all traffic.
(3) Where direct and substantial physical damage is caused to land as a result of a deviation in terms of subsection (I)(a), the MEC must pay to the owner of that land compensation as mutually agreed upon, or failing agreement, as determined in accordance with section 30, in which case costs shall be calculated and awarded in accordance with section 31.
(4) Except in the case of an emergency, as prescribed, the MEC may not deviate traffic from a provincial road onto a municipal road or street without first consulting the relevant municipality.
(2) Interest contemplated in section 28(3) will be payable 60 days after promulgation of the notice concerned, in respect of compensation payable under section 28(2).
(3) Where a provincial road, railway line or access road has been permanent! deviated within the boundaries of the land on which the road or railway line previously existed, compensation must only be paid insofar as the market value of the land encroached upon by the deviation exceeds the market value of the land previous! encroached upon by such road or railway line.
(2) Where a provincial road, railway line or access road traverses a piece of land, the MEC-
(b) proclaims a provincial road, railway line or access road or proclaims that such a road or railway line shall exist or alters the status of such a road or railway line or closes or deviates such a road or railway line under section 11(1) or 13(1);
(3) Where land is expropriated under subsection (1) or (2), the MEC must pay, subject to subsection (4)
(b) to the owner such compensation as may be mutually agreed upon or, failing agreement as determined in accordance with this Act, provided that such compensation may not exceed the amounts contemplated in section 28(1), subject to that section.
(2) Where the owner or occupier of the land has not consented to the MEC acting in terms of subsection (1), the MEC must give the owner or occupier of the land written notice of the MEC's intention so to act not less than seven days before the land is entered, setting out the purpose for which entry upon the land is authorised, the acts that may be performed on the land in connection with that purpose and the persons by whom, the means whereby or the manner in which they are to be performed.
(3) If the owner or occupier objects to the proposed actions, he or she may state those objections in writing not less than 48 hours before the proposed entry on the land, in which case the MEC must consider the objections. If the MEC is of the opinion that the objections are not well founded or it is in the public interest to act in spite of the objections, the MEC must notify the owner or occupier accordingly before entering on the land.
(4) The provisions of subsection (t) may not be used to gain access to a dwelling house or other building on the land in use for residential purposes unless the occupier of the house or other building agrees to the MEC entering it for the purpose of performing or carrying out therein an activity mentioned in subsection (1).
(5) Where the MEC in terms of subsection (1) takes possession temporarily of land for-
(b) the storing thereon of stores, plant, machinery, equipment or anything else the MEC deems necessary for the construction and maintenance of transport infrastructure, the MEC must pay to the owner rental as is agreed upon, or, failing agreement as determined in accordance with section 30, in which case costs shall be calculated and awarded in accordance with section 31.
(7) The MEC must repair or pay for damage arising from an act performed by or in terms of subsection (1) or (6), unless the damage was not due to an intentional or negligent act or omission of the Department or its employees or agents.
(2)(a) The MEC may select a place from which the material contemplated in subsection (1) may be taken, and must give the owner notice of the place; and
(b) the owner may, within 14 days after receipt of the notice, point out another place within the same cadastral boundaries on the land concerned and if the MEC is of the opinion that the other place is suitable and accessible and will provide suitable material, the materials must be taken from the place pointed out by the owner.
(3) Where the MEC takes material under this section, the MEC must restore or rehabilitate the land in accordance with applicable environmental laws and-
(b) where the owner has suffered loss or damage by the taking of the material;
(4) Section 20(6) shall apply to the taking of material under this section.
(2) Should an owner or person in occupation of a building or structure contemplated in subsection (1) not be prepared to consent to the relevant action, the MEC may approach the appropriate Court for an order authorizing the MEC to take such action.
(3) Where the MEC acts under subsection (1), he or she must pay to the owner compensation as agreed or failing agreement as determined in accordance with section 30, in which case costs shall be calculated and awarded in accordance with section 31.
(4) Where a person lawfully occupies a building on land on which a provincial road or railway line has been proclaimed or which has been expropriated by the MEC or is owned by the Province and which the MEC requires for the construction of a road, he or she must evacuate the building within 30 days from the date of a written notice by the MEC requiring him or her to do so.
(5) A person who fails to evacuate a building as required under subsection (1), or who unlawfully occupies such a building, commits an offence.
(6) This section shall not derogate from the MEC's rights to take other action against a person contemplated in subsection (1).
(b) proclaims an access road under section 13; the MEC must within 60 days of the proclamation inform the owner or owners of the land affected by the proclamation by means of a notice served on the owner or owners by hand or by registered post.
(3) A notice referred to in subsection (1) or (2) must-
(b) state the date of expropriation and where applicable, the date that the Province will take possession of the property;
(c) draw the owner's attention to sections 26(1) and 28(4)(a)(ii).
(5) If the whereabouts of the owner are not known or if the MEC is satisfied that it will be impracticable to serve the notice on the owner, or if the property is subject to a fideicommissum and the MEC does not know who the fideicommissaries are or will be, the MEC must cause the notice to be published once in the Provincial Gazette and once a week during two consecutive weeks in a newspaper circulating in the area where the property is situated.
(6) The MEC may not issue a notice contemplated in subsection (1) unless the land taken up by the road, railway line, deviation or increase is shown on a plan that is available for inspection by interested persons or that the land has been demarcated by beacons or other suitable means, and the notice contains a statement that such a plan is available and where it is available or that beacons or other suitable means have been erected.
(7) A notice proclaiming a reduction of the width of a road or rail reserve or that a provincial road or railway line shall no longer exist over land, shall be served on the owner of the land by hand or by registered post, and subsections (3), (4), (5) and (6) shall apply to such a case with the necessary changes.
(2) Where the MEC has taken the right to use property, the Province may exercise that right from the date of expropriation.
(3) Between the date of expropriation and the date that the Province takes possession of the property, the owner from whom the land was expropriated-
(b) will remain responsible to pay taxes and other charges in respect thereof; and
(c) must take care of and maintain the property in the condition that it was on the date of expropriation; but the MEC must compensate the owner for the reasonable costs necessarily incurred in respect of such maintenance or care and if the owner wilfully or negligently fails to do so and the property depreciates in value, the MEC may recover the depreciation from the owner.
(2) Where an owner has indicated under section 26(1) what amount he or she claims as compensation and has provided the information required by that subsection, and the MEC does not accept the amount, the MEC must offer the owner an amount as compensation, which may or may not be the same as an offer made under subsection (1), within 60 days of receipt of the claim, and state what amount is offered under each of sections 28(1)(a) and (b).
(3)(a) Unless the parties have agreed otherwise, the owner shall be deemed to have accepted an offer made by the MEC where the owner fails to make an application to the appropriate court for determination thereof before the date determined by the MEC by written notice to the owner.
(b) A notice in terms of paragraph (a) must be addressed to the owner not later than eight months prior to the date contemplated in the notice and the MEC must direct the attention of the owner to the notice in writing not less than 60 days before such date.
(4) For the purposes of costs, a claim or offer made shall remain in force until accepted or substituted by another claim or offer in writing.
(5) Either party may ask the other for further particulars concerning the offer or claim, which must be furnished within 60 days of receipt of the request, failing which the party concerned may approach a court contemplated in section 30(1) for an order directing the other party to comply therewith.
(b) if the property is land-
(ii) which was sold prior to the date of the notice, the name and address of the buyer and the contract concerned or a copy thereof;
(iii) on which a building has been erected subject to a builder's lien (right of retention) by virtue of a written building contract, the name and address of the builder and enclosing the contract or a copy thereof;
(iv) in respect of which occupiers have obtained rights under the Extension of Security of Tenure Act, 1997 (Act 62 of 1997), full particulars relating to such occupiers;
(3) Where relevant the MEC may-
(b) request a person in possession or control of the title deed to deliver it to the MEC within 60 days.
(2) Payment, deposit or use of an amount under subsection (1) will not preclude the determination by agreement or by a court of a different amount as compensation, but if the amount determined is less than the amount paid, deposited or used, the owner, the Master or the municipality, as the case may be, must refund the difference to the Province together with interest as contemplated in section 28(3) from the date on which the amount was paid or used in the case of the owner or municipality, and, in the case of the Master, the interest accrued thereon.
(ii) an amount to make good any actual financial loss caused by the expropriation; or
(3) Despite anything to the contrary in this Act there shall be added to the total amount of compensation an amount equal to-
(b) five percent of the amount by which it exceeds R100 000 but does not exceed R500 000; plus
(c) three percent of the amount by which it exceeds R500 000 but does not exceed R1 000 000; plus
(d) one percent of the amount by which it exceeds Rl 000 000 (to a maximum of R10 000).
(ii) if the owner does not comply with section 26(1), interest will not be payable until the date on which that subsection is complied with;
(c) no interest shall be payable after the date on which compensation was paid deposited with the Master or used under section 34.
(5) Where the owner of expropriated property continues to use or occupy the proper" or a portion thereof, no interest will be payable for the period of use or occupation on sc much of the outstanding compensation as relates to the property so used or occupied.
(6) The following rules shall apply to the determination of compensation under this Act:
(b) the fact that the property has or had a special usefulness or suitability to the Province shall be ignored if it is unlikely that the property would have been purchased for that purpose on the open market;
(c) if the value of the property has been enhanced by using it unlawfully, the enhancement must not be taken into account;
(d) improvements made after the date of the notice of expropriation shall not be taken into account unless they were necessary for the proper maintenance of existing improvements or were undertaken pursuant to an obligation entered into before that date;
(e) no allowance shall be made for unregistered rights in respect of any other property or for any indirect damage or anything done with the object of obtaining compensation therefore;
(f) any enhancement or depreciation in value, before or after the date of the notice of expropriation, which may be due to the purpose for which or in connection with which the property is being expropriated or is to be used, or which is a consequence of any work or act which the Province may carry out or perform or has carried out or performed in connection with such purpose, shall not be taken into account;
(g) account shall be taken of-
(ii) any benefit that will ensure to such person in consequence of the expropriation or the use thereof for the purpose for which it was expropriated or the right was taken.
(2) The MEC must simultaneously with the notice of expropriation to the owner send to such a lessee, labour tenant or occupier of which he or she is aware a notice informing them of the expropriation, after which such notice will be deemed to be a notice of expropriation in respect of the latter's rights.
(3) If an owner of expropriated property fails to comply with section 26(1)(b)(i) and the MEC was not aware of the existence of a lease or of such a labour tenant or occupier before paying compensation to the owner, the MEC shall not be obliged to compensate the lessee, labour tenant or occupier, but the owner shall be liable to the lessee, or labour tenant or occupier for compensation for his or her rights as acquired by relevant legislation or damage sustained by his or her rights being terminated.
(2) Proceedings contemplated in subsection (1)-
(b) may not be instituted before expiry of 90 days after compensation has been claimed by the person entitled thereto in writing.
(4) After proceedings contemplated in subsection (1) have been set down for hearing, and notwithstanding anything to the contrary in any law or rules of court or practice-
(ii) issue directions regarding inspections and other matters connected with preparation for and hearing of the proceedings; and
(6)(a) A party to proceedings contemplated in subsection (1) may, at any time before or during the hearing, make a written offer to the other party for the settlement of the dispute, and may do so without prejudice;
(b) the party making the offer may therein accept liability for costs or a portion thereof, and if he or she does not do so, he or she shall be deemed also to have made an offer to pay the other party's costs on a party-and-party basis up to the date of the offer;
(c) the party to whom the offer has been made may accept the offer-
(ii) if it was made less than seven days prior to the commencement of the hearing, within 24 hours; or
(iii) with the consent of the party who made the offer, at any time;
(e) if such an offer to settle the dispute is not accepted and the court determines the compensation in an amount which is equal to or-
(ii) less than the amount of the offer by the MEC, the court must order the owner to pay the MEC's costs so incurred after the date of the offer;
(g) if a court has made an order as to costs without knowledge of an offer which had not been accepted, and non-acceptance thereof is brought to the notice of the court within five days from the date of the judgment, costs must be reconsidered in the light thereof.
(7) An offer which is not accepted may not be disclosed to the court before judgment is given.
(8) Where compensation is payable under this Act for the expropriation of land or a right or for the taking of material, it may not exceed the amount which the land, including improvements, or the right would have realised if sold on the date of the notice in the open market by a willing seller to a willing buyer.
(b) is equal to or less than me amount last offered by the MEC one month prior to the date contemplated in paragraph (a), costs must be awarded against the owner;
(c) is less than the amount last so claimed by the owner, but exceeds the amount last so offered by the MEC, so much of the owner's costs must be awarded against the MEC as bears to such costs the same proportion as the difference between the compensation so awarded and the amount so offered bears to the difference between the amount of compensation so awarded and the amount so claimed.
(b) if a party did not within a reasonable time comply with reasonable requests by the other party for particulars of the claim or offer;
(c) if, in the court's opinion, a party's conduct prior to or during the proceedings justifies a deviation from subsection (1).
(4) The liability for costs and taxation fees of a party to be compensated must be deducted from the money, including interest if any, which is payable to such party in terms of the court order.
(2) Where an owner fails to comply with section 26(1)(b)(ii) or (iii) and the buyer or builder does not receive a portion of the compensation money by virtue of subsection (1) of this section, the owner shall be liable to the buyer or builder for damage sustained by them due to the expropriation and the MEC shall not be obliged to pay compensation for that damage.
(3) If the owner and the mortgagee, buyer or builder fail to conclude an agreement contemplated in subsection (1), any of them may apply to a court referred to in section 30(1) for an order directing the MEC to pay the compensation money as the court determines and the court may issue an order, including an order as to costs, as it deems fit.
(2) Such a municipality must inform the MEC of any outstanding taxes or other money owing to it in respect of the property within 30 days of receipt of the notice.
(3) The MEC may use the compensation money in question to pay such' taxes or money on behalf of the owner.
(2) Moneys so received by the Master must-
(b) subject to paragraph (a), be paid into the Guardian's Fund referred to in section 86 of the Administration of Estates Act, 196S (Act 66 of 1965) for the benefit of the persons entitled thereto and bear interest at the rate determined by the Minister of Finance in the national sphere of government.
(b) where the property is immovable property, if transfer thereof has already been registered in the name of the Province.
(3) If the Province has already paid compensation for the expropriation, it must be repaid, and will be regarded as a debt due to the Province.
(4) Ownership of the property will again vest in the owner from whom it was expropriated from the date contemplated in subsection (1), and any mortgage bonds, servitudes and other rights discharged or terminated in connection with the expropriation shall revive, and the Registrar of Deeds must on receipt of a copy of the notice of withdrawal of the expropriation, or publication thereof in the Gazette, cancel any endorsement made in his or her registers pursuant to the expropriation and on the relevant title deed.
(b) an access road, be closed, deviated or otherwise altered may apply to the MEC in writing on payment of the prescribed fee. This section shall apply also to roads that have not yet been built.
(b) a copy of the notice must also be posted. at the office, of the magistrate- of the relevant district for not less than 14 days and the MEC may require the applicant to post or display the notice at each end of the relevant road portion in the manner contemplated in subsection (3), for the period determined by the MEC.
(3) Within seven days of publication of the notice, the applicant must erect notice boards at each end of the appropriate road section that are visible to approaching traffic and as nearly as possible at right angles to the road, and which are in the prescribed form and contain the prescribed particulars.
(4) The applicant must maintain the notice boards referred to in subsection (3) until the application is granted or refused, whereupon the applicant must remove the boards within seven days, failing which the MEC may do so and claim the costs from the applicant.
(5) After considering comments and objections, if any, the MEC may, subject to subsection (6), grant or refuse the application, and where it is granted, proclaim the road to be closed, deviated or altered by notice in the Provincial Gazette and must include in the notice a sketch plan showing the closure or alteration.
(6) The MEC may as a condition for acting under subsection (5), require the applicant to-
(b) to erect a fence that the MEC deems necessary;
(c) to construct the provincial road concerned as required by the MEC; or
(d) to pay all or any of the costs incurred by the MEC in the process, and the MEC may require the person to furnish security that the MEC deems sufficient for the fulfilment of such a condition.
39 Fences, gates etc.
(2) When the construction of a new road or railway line or a deviation of an existing road or railway line by the MEC necessitates the removal and re-erection of an existing fence, gate or motor grid, such removal and re- erection and the making of by-passes leading to such a grid must be undertaken at the expense of the MEC but must be maintained by the owner of the land on which the gate, motor grid or fence is situated.
(3) Where such gates or motor grids have been removed or damaged due to circumstances beyond the control of the owner, the MEC may provide financial or other assistance to the owner to replace or repair them, or do so at the MEC's cost.
(4) An owner who fails to maintain a gate or motor grid as required by subsections (1) and (2) to the satisfaction of the MEC commits an offence, and in such a case, the MEC may effect the maintenance and claim the costs from the owner.
(5) The MEC may remove a fence, gate, motor grid, or other structure, enclosure or obstruction which has been erected-
(b) along the road or rail reserve boundary a provincial road or railway line, constructed contrary to this Act or to the Fencing Act, 1963 (Act 31 of 1963), or to any other law,
(6)(a) No one may-
(ii) electrify a fence;
(iii) remove a fence, wall or hedge or portion thereof, or ;
(iv) erect or attach lights or lighting equipment to a fence or wall so that the light will shine onto a provincial road or railway line;
(b) in granting permission as contemplated in paragraph (a), the MEC may indicate the position where and manner. in which the fence, wall, hedge, lights or lighting equipment must be placed and may attach conditions to such permission, and may withdraw it at any time;
(c) a person who contravenes paragraphs (a) or acts contrary to permission contemplated in paragraph (b) commits an offence.
(7)(a) If a person erects a fence, wall, hedge, light or lighting equipment in contravention of this Act, the MEC may, after notice to such person, remove it and, where appropriate, re-erect the fence or wall in the proper position, but the MEC shall not be liable for damage reasonably caused during such removal and re-erection; and
(b) the MEC may claim the costs of such removal and re-erection from that person.
(8) Any person who damages a fence or gate on or along a provincial road or railway line, whether intentionally or otherwise, must report the damage to the Department in the prescribed manner and within the prescribed time, and failure to do so will constitute an offence.
(9) An owner of land on or along which a provincial road or railway line is situated who discovers that a fence or gate on or along the road or railway line is damaged, must-
(b) in the case where livestock are likely to wander onto the road or railway line, or there is other danger to life or property, effect emergency repairs to the fence or gate pending its proper repair or replacement, regardless of whether that owner is responsible to repair the damage, and failure to do constitutes an offence.
(2) The MEC must consult with interested and affected parties in relation to proposed actions to be taken under subsection (1), and may agree to provide better or different measures for leading water at their request, where appropriate at their expense.
(3) No person may, unless authorised by this Act or another law-
(b) use a sprinkler or other device in such a manner on land of which he or she is the owner or occupier that it causes water to come onto a provincial road or railway line or other transport infrastructure;
(c) lead water in, over, under or across a provincial road, railway line or other transport infrastructure without the written approval of the MEC: provided that this shall be done at the expense of such person and that the MEC may decide on the class of culvert or other conduit that may be used and the manner in which and when it must be laid;
(d) raise the level of the water of a river, stream or other water course or divert the natural course of storm water so as to interfere with the use of a provincial road, railway line, bridge, drift or other transport infrastructure without the written permission of the MEC.
(2) Where such private property is land occupied by buildings, orchards, gardens or other improvements or cultivated land, the action contemplated in subsection (1), may be done only in agreement with the owner, unless the storm water was being discharged in the same place before proclamation of the road or railway line, and where agreement cannot be reached, the MEC may expropriate a portion of the land necessary for that purpose in accordance with section 19, or by notice in the Provincial Gazette expropriate a right in the land so as to divert water to a natural water course or other appropriate place.
(3) Where such private property is land situated above such buildings, orchards, gardens or other improvements and within 100 metres of the road or rail reserve boundary, this may be done only after consultation with the owner, unless the water was being discharged in the same place prior to the construction of the road or railway line.
(4) Where the MEC acquires a right in terms of subsection (2)-
(b) the MEC must pay compensation to the owner as agreed or failing agreement, as determined under section 30, in which case costs shall be calculated and awarded under section 31.
(6) Where an owner of land advises the MEC that the land will be cultivated or developed after the date on which the MEC commenced to divert storm water thereon the MEC may execute such drainage works as he or she deems reasonable to reduce damage that may be caused by the storm water in agreement with and at the cost of the owner, and the owner shall have no claim against the MEC in respect thereof.
(7) Where the private land onto which storm water is diverted teas been divided into stands, lots, erven or agricultural holdings of units being less than 24 hectares in extent, the MEC must consult with the relevant township owner and owner and allow the owner to submit a drainage plan if the owner so desires and arrange for the discharge of stone water in conformity with such a plan as far as the MEC deems it expedient to do so.
(8) Should the MEC alter an existing drainage scheme at the request of such township owner or owner, the costs of the alteration shall be paid by such owner to the MEC, in the amount and manner determined by the MEC.
(2) Application for permission under subsection (1) must be made in the prescribed manner, and in granting it the MEC may determine the nature and standard of the connection and the place where and manner in which it must be constructed, and may impose conditions regarding the connection or its use.
(3) The MEC may withdraw permission granted under subsection (1 ) if the holder does not observe such conditions.
(4) A person who contravenes subsection (1) commits an offence, and in such a case, the MEC may close the connection and claim the costs thereof from that person.
(2) No one may-
(b) take a vehicle onto a provincial road except at an entrance lawfully provided for that purpose; or
(c) take a vehicle off a provincial road except at an exit lawfully provided for that purpose.
(4) Subject to section 48, the MEC may not withhold an authorisation contemplated in subsection (1) for a gate, stile, bridge or other passage which is necessary to give access to or exit from a piece of land to which or from which no other reasonable access or exit is available or can be made available at reasonable expense, but may direct that the access or exit be provided at a place specified by the MEC.
(5) In granting the authorisation mentioned in subsection (1), the MEC may prescribe the nature of the gate, stile, bridge, or other passage and the place where and manner in which it must be constructed, and may impose other conditions in connection therewith or with its use that the MEC deems necessary, and may withdraw the authorisation if any requirement prescribed or condition imposed in the authorisation is not observed.
(6) Where an access to or exit from a provincial road serves a single property, the owner of that property must maintain the portion of the access or exit between the verge of the road and the road reserve boundary, to the satisfaction of the MEC at that owner's cost, and neither the MEC nor any agent or servant of the Province shall be liable for loss or damage caused to any person as a result of any act or omission of an owner under this subsection.
(7) The MEC may by written order direct an owner of land abutting on a provincial road to deviate an access to or exit from such road that provides access to or an exit from such land, or restrict or close such access or exit, in such manner, to such extent and for such period as specified in the notice, or permanently.
(8)(a) If an obligation is prescribed by an authorisation granted under subsection (1) or a written order under subsection (7), the Registrar of Deeds having jurisdiction for the area concerned must, at the written request of the MEC, note the obligation on the title deed of the land affected thereby and in the appropriate registers;
(b) in the case of an authorisation under subsection (1), the cost in connection with that noting must be paid by the person to whom the authorisation was granted;
(c) the MEC may enforce compliance with an obligation that has been so noted.
(9)(a) Where the deviation, restriction or closure of an access or exit in terms of subsection (7) necessitates the alteration, re- siting, re-erection or reconstruction of any gate, private garage or driveway, the MEC must, subject to paragraph (b), carry out the work so necessitated at the MEC's cost or permit the owner to carry out the work at the cost of the MEC;
(b) the liability of the MEC in terms of paragraph (a) shall be limited to the cost of substituting gates, garages or driveways of a similar standard to those which are required to be altered, re-sited, re- erected or reconstructed, unless a condition has been imposed to the contrary.
(10) A person who enters or leaves a provincial road or railway line, or takes a vehicle onto or off a provincial road or railway line, or constructs or erects a gate, stile, bridge or other passage in contravention of this section, commits an offence
(2) Except as provided in subsection (3), no one may display an advertisement or permit it to be displayed-
(b) outside an urban area that is visible from a provincial road or railway line;
(c) that is visible from a freeway in an urban area and is within 250 metres from the road reserve boundary of the freeway;
(d) that is visible from any provincial road or railway line in an urban area, on land adjoining the provincial road or railway line or on land separated from the provincial road or railway line by a street.
(b) is lawfully displayed at a place immediately before the road or railway line in question is proclaimed a provincial road or railway line for as long as it is displayed continuously at the same place, unless its removal has been directed under subsection (5) and the period within which it had to be removed, has expired; or
(c) must be displayed in terms of a law and is displayed strictly in terms of that law.
(b) for the classification of advertisements into categories for the purpose of regulating and controlling their display or erection;
(c) that certain categories of advertisements may be erected or displayed only with the prior written permission of the MEC or relevant municipality on application on the basis of objective criteria, at least one of which must be based scientific research results, set out in the regulations in which case the MEC or such municipality may-
(bb) the period during which the approval will be of effect;
(cc) the manner, place and circumstances in which and conditions subject to which the advertisement may be displayed;
(e) for procedures to be followed in applying for such permission;
(f) that an inspection fee or periodical inspection fees will be payable by persons specified in the regulation, where such permission has been granted;
(g) for methods of display, animation and illumination of advertisements;
(h) for safety, amenity and decency of advertisements;
(i) for design and construction of advertisements, and their position and maintenance.
(6) If the person to whom a notice in terms of subsection (5) is directed, fails to remove the advertisement specified in the notice within the period stated therein, the MEC may remove it and enter the property concerned for this purpose without the owner's or occupier's permission, despite the other provisions of this Act, and recover the cost of the removal from that person.
(7) Despite subsection (5), where an advertisement is displayed contrary to this section and poses an immediate or urgent safety hazard, the MEC may act under subsection (6) in the public interest or for the public safety without notice to any person to remove the advertisement.
(8) A person who contravenes subsection (1) or (2) or fails to remove an S advertisement when directed to do so under subsection (5), commits an offence.
(9) For the purposes of this section, unless the contrary is proved-
(ii) in the case of an advertisement relating to a product or article produced or manufactured by a particular person, or to a service rendered by a particular person, or to a business, undertaking or place owned by a particular person, by that person;
(c) a person who owns or occupies land upon which an advertisement is displayed and the manufacturer of any article or the proprietor of any business or undertaking to which such an advertisement relates and any agent of such a manufacturer or proprietor shall be deemed to have displayed that advertisement or to have permitted its display.
(11)(a) Where an advertisement has been erected or displayed on the commencement of this section, which, in terms of this Act. may not be so erected or displayed without the permission of the MEC or another authority, the owner of the advertisement or the person who displays it or permits it to be displayed, or the owner of the land on which the advertisement has been displayed, must apply to the MEC or such other authority, as the case may be, for such permission within 90 days of such commencement, failing which the advertisement must be removed forthwith;
(b) no such application may be made in respect of an advertisement contemplated in subsection (10).
(12) If permission for an advertisement contemplated in subsection (11) has been refused, the advertisement must be removed within 30 days of receipt of notification of such refusal and where such a notification has been posted by registered post, the addressee will be deemed to have received it eight days after posting thereof.
(b) without the MEC's written permission or contrary to a condition imposed by the MEC and set out therein, deposit or leave, so as to be visible from a provincial road or railway line, a disused vehicle, machine or part on land outside an urban area and within 200 metres from the boundary of a provincial road or railway line.
(3) If, on land mentioned in subsection (1)(b) there is found a disused vehicle or machine or disused part thereof, or refuse or other object which is visible from a provincial road or railway line, and the person who deposited or left it there or a person entitled to remove it, has been directed by the MEC by notice in writing to remove it from the land or to take the necessary steps to render it no longer visible from a provincial road or railway line-
(ii) in the case of a person so entitled, that person satisfies the MEC of not having deposited or left the vehicle, machine, part or refuse or object on that land and not having permitted its being deposited or left there and, where it was deposited or left there by the agent or employee of the person so entitled, of not having been aware of that fact;
46 Structures and other works on, over or below provincial roads and railway lines or certain other land
(b) make a structural alteration or addition to a structure or object situated on, over, or below the surface of a provincial road or railway line or land in a building restriction area;
(c) give permission for erecting constructing, laying or establishing a structure or other object on, over, or below the surface of a provincial road or railway line or land in a building restriction area or for a structural alteration or addition to a structure or other object so situated.
(ii) the commencement of this section, if such erection would have been lawful before such commencement;
(b) when giving permission, the MEC may prescribe-
(ii) the manner and circumstances in which, the place where and the conditions on which the structure, object, alteration or addition may be erected, constructed, laid, established or made; and
(iii) the obligations to be fulfilled by the owner of the land in question if the structure, object, alteration or addition is erected, constructed, laid, established or made.
(b) the cost in connection with that noting must be paid by the person to whom the permission has been given;
(c) the MEC may enforce compliance with an obligation that has been so noted.
(5) The MEC may charge rentals for structures and other works situated within the road reserves of provincial roads or the rail reserves of provincial railway lines on land owned by the Province, either in a single sum or on a periodical basis.
(6) The MEC may charge an inspection fee or periodical inspection fees in the prescribed amounts where a permission has been granted under subsection (3).
(7) Where a person without the permission required by subsection (1) or contrary to such permission, has erected, constructed, laid or established a structure or object or has made a structural alteration or addition to a structure or object or given permission therefore, the MEC by notice in writing may direct that person to remove the unauthorised structure, object, alteration or addition within a reasonable period which must be stated in the notice but which may not be shorter than 30 days from the date of the notice.
(8) If the person to whom a notice has been issued in terms of subsection (7), fails to comply with the notice within the period stated therein the MEC may remove it and recover the cost of removal from that person.
(9)(a) Despite the provisions of other laws, the MEC may remove or shift to a place he or she determines a structure or object which is causing a dangerous situation requiring immediate or urgent action in the public interest or for the public safety, where the structure or object was erected, constructed, laid or established on or over, or below the surface of-
(ii) land in a building restriction area; or
(iii) other land situated within a distance from a provincial road or railway line as specified in a condition imposed under section 48(5);
(10) Anyone who contravenes subsection (1) or fails to comply with a notice under subsection (b) commits an offence.
(b) on or in any transport infrastructure under the control of the MEC, or
(c) in a building restriction area.
(3) Subsection (1) will not apply to a person who continues a business or undertaking after a road or railway line is proclaimed a provincial road or railway line or land becomes a building restriction area, unless that person has been directed by the MEC by notice in writing to discontinue it.
(4) An employee of the Province or person authorised thereto in writing by the MEC, an employee of a municipality designated or appointed to perform law enforcement functions on a provincial road, and a person who in terms of a road traffic law, may-
(b) if the person to whom the demand is made, fails to produce such a written permission to the competent official, or if the competent official) suspects on reasonable grounds that a person has performed an act that is unlawful in terms of subsection (1) -
(ii) order that person to remove from the building restriction area or the provincial road or railway line or other transport infrastructure-
(bb) a structure, tent, vehicle, implement or other object in, on or with which that act has been performed, or in or on which there is such an article, or which the competent official suspects on reasonable grounds to be destined for use for or in connection with the performance of such an act by that person; or
(b) when failing to furnish the latter's full name and residential address to a competent official in terms of subsection (4)(b)(i); or
(c) upon having failed to obey an order given under subsection (4)(b)(ii).
(2) Subsection (1) shall apply also, with the necessary changes, to a diagram of a piece of land adjoining a township or group of erven, stands, lots or holdings, if any part of that piece of land is in a building restriction area.
(3) If land or a part of land is situated in a building restriction area, a Surveyor-General may not approve the diagram or general plan of a division of that land or part unless the MEC has given approval in writing.
(4) A municipality or other authority may not grant approval for a change in land use of a property adjacent to a provincial road in an urban area, unless the MEC has given approval for the change in writing.
(5) The MEC may refuse to give approval under subsection (3) or (4) only if satisfied that the division in question may frustrate an object of this Act.
(6)(a) The MEC may give the approval under subsections (1), (3) or (4) subject to conditions-
(ii) limiting the use to which the land or a specified part of it may be put;
(iii) limiting the number or extent of buildings or other structures which may be erected on the land or on a specified part of it;
(iv) prohibiting the erection, construction or establishment of a structure or object on, over or below the surface of the land, or on, over or below the surface of a specified part of it within a specified distance from the road or railway line in question;
(7) A condition referred to in subsection (6) may be imposed so as to permit non-compliance therewith or a departure therefrom with the MEC's approval.
(8)(a) Despite contrary provisions in the Deeds Registries Act, 1937 (Act 47 of 1937)-
(ii) the Registrar of Deeds must endorse on the title deed of the land retained by the person giving transfer, each of those conditions that applies to the land so retained;
(iii) a certificate of consolidated title issued in respect of consolidated land mentioned in subsection (6)(b), must contain every condition to which the title to that land is to be subject in terms of a stipulation made under that subsection; 4
(9)(a) Despite contrary provisions in the Deeds Registries Act, 1937 (Act 47 of l937), or other laws, a Registrar of Deeds, with the MEC's written approval, may cancel a condition which in terms of subsection (8) has been inserted in a deed of transfer or certificate of consolidated title or has been endorsed on a title deed;
(b) the cancellation may be done on the written application of the owner of the land in question, accompanied by the MEC's written approval and proof that all mortgages (if any) have been notified of the proposed cancellation;
(c) no transfer duty or office fees will be payable for such a cancellation.
(10) The MEC may make regulations limiting the uses to which land in building restriction areas or land adjacent to provincial roads in urban areas may be put, where the MEC is of the opinion that such uses will-
(b) increase the traffic on a provincial road beyond its capacity; or
(c) frustrate any of the objects of this Act.
(12) This section shall be in addition to, and not in substitution, of other laws relating to division of land or township development.
(13) A person who is aggrieved by a decision of the MEC in terms of this section may appeal in the prescribed manner and on payment of the prescribed fee to the Townships Board.
(2) Where it becomes necessary to deviate or reconstruct a provincial road or railway line because it has become undermined subsequent to its creation, either before the date of commencement of this section or in contravention of subsection (1), in order to preserve the safety or interests of the public, the MEC may instruct the person responsible for the undermining to render the road or railway line safe or to provide for its reconstruction to the satisfaction of the MEC, at the expense of such person and within a time determined by the MEC, failing which the MEC may undertake the work and recover the cost from such person.
(2) Subject to provisions to the contrary in this Act or the National Road Traffic Act, 1996 (Act 93 of 1996), the MEC may-
(b) remove or dispose of an animal which is within the road reserve of a road in contravention of the National Road Traffic Act, 1996 (Act 93 of 1996) or any other law. The MEC shall not be liable to compensate any person where such an animal is killed or injured to avoid danger to traffic;
(c) provide and maintain transport infrastructure, boreholes, pumps and all appurtenances or conveniences which he or she deems necessary for the travelling public;
(d) erect, construct and maintain either on or, subject to section 21, outside a road or rail reserve a building, hut, tent or other structure for the accommodation of officials and workers employed on transport infrastructure or executing other works in connection therewith;
(e) store either on or, subject to section 21, outside a road or rail reserve stores, plant, machinery equipment or other things which the MEC deems necessary for the construction or maintenance of transport infrastructure;
(f) take water or make other provision for water that the MEC deems necessary for carrying out the provisions of this Act: provided that water may not be 4 taken from a man-made dam, well or borehole without the consent of the owner;
(g) subject to the other provisions of this Act, regulate, control, close or deviate an entrance to or exit from a provincial road or railway line;
(h) lease out or dispose of land, implements or equipment owned by the Province 5 or lease out or dispose of rights held in land by the Province that was acquired for or in connection with transport infrastructure and is not immediately required, or lend such implements or equipment or grant temporary rights to such land free of charge;
(i) rehabilitate or landscape or otherwise improve areas within a provincial road . or railway line;
(j) charge a fee or rent for any authorisation, approval or permission granted to a person in terms of paragraph (o) or sections 42, 43, 44, 46, or 47 for the provision, construction, erection, establishment., carrying on or operation on, over or under a provincial road, railway line or other transport infrastructure, of anything provided for in those sections over and above application fees, which may also be charged in prescribed amounts;
(k) provide financial or other assistance, in agreement with an owner of land, for the erection or maintenance of fences, gates or other structures on provincial roads or railway lines or land adjacent thereto, or for the construction or maintenance of any road or railway line;
(l) grant financial or other assistance to a municipality, on conditions that the MEC determines-
(ii) for the expropriation by that municipality of land or a right in land for the purpose mentioned in paragraph (i);
(n) lay, move or remove a railway, tramway or trolley line within a provincial road;
(o) provide service facilities and allow the provision of filling stations, restaurants, playgrounds and other facilities for the use of the travelling public within provincial roads;
(p) by notice in the Provincial Gazette prohibit or restrict the movement of livestock or other animals other than in a vehicle on any provincial road designated in the notice, or provide that livestock may not be moved on such a road without the written approval of the MEC and may, where such livestock is found on such a road in contravention of such a notice or without such approval, impound it in the prescribed manner; or
(q) exercise any power that is reasonably incidental or ancillary to the powers listed in paragraphs (a) to (p).
(b) a municipality;
(c) the South African National Roads Agency Limited established by section 2 of the South African National Roads Agency Limited and National Roads Act, 1998 (act Not 7 of 1998);
(d) the South African Rail Commuter Corporation Limited established in terms of section 22(1 ) of the Legal Succession at the South African Transport Services Act, 1989 (Act 9 of 1989);
(e) the company Transnet Limited established under section 2 of the Act mentioned in paragraph (d); or
(f) any other person or body, in this section referred to as "the other party".
(b) the other party may do work in connection with a provincial road, railway line or other transport infrastructure, including the construction and maintenance thereof or have the work done under its supervision, for the account of the Province, or that the Province will do such work for the account of the other party, or otherwise in terms of the agreement; or
(c) a road, street or railway line under the jurisdiction of the other party or owned by the other party shall be a provincial road or railway line for the purposes of this Act, in which case, where the other party is a municipality, the municipality shall nevertheless be responsible for the disposal of all storm water from such provincial road or deviation thereof and expenditure incurred in connection therewith, and the MEC shall not be responsible for damage caused by or arising from the disposal of stone water by that municipality or the failure by it to dispose of storm water; or
(d) the land on which a provincial road or railway line is situated is transferred to the other party, where the province owns the land; or
(e) the Province will perform any of the functions envisaged in this Act, or work for the purposes of or in connection with functions of that nature, in the area of jurisdiction of, or on land belonging to, the other party, at the cost of the other authority, in accordance with and subject to this Act.
(4) Where an agreement has been reached under subsection (2)(d) to transfer a road to a municipality, the road concerned or relevant portion thereof shall be deemed to be a municipal road or street within the area of jurisdiction of the municipality concerned, and no compensation shall be payable to the owner of the land taken up by the road or street.
(b) leave or place obstructions which may be dangerous to traffic, or any refuse, debris, ash heaps, earthenware, glass, tins, nails, pieces of metal, timber, tree stumps, stones or other material on a road or rail reserve;
(c) abandon a vehicle or part thereof on a road or rail reserve;
(d) damage a provincial road, railway line or other transport infrastructure or spill fuel or other chemicals or gas on a road, railway line or paved surface that may damage it;
(e) dig up, remove or alter the soil, surface, gravel, cuttings, banks or drains of a provincial road, railway line or access road;
(f) erect, construct, place or exhibit in, above or on a provincial road, railway line or other transport infrastructure a board, notice framework, scaffolding or other device by means of which an advertisement could be displayed, except as permitted by this Act or another law; or
(g) paint or affix a figure, letter, drawing, sign, symbol, graffiti or other like object or symbol on the roadway or a bridge or on a traffic sign;
(h) lay a railway, tramway or trolley line within a provincial road;
(i) construct a bridge across or a culvert or subway under a provincial road or railway line or access road, except with the written permission of the MEC, who may impose conditions in granting such permission;
(j) carry electric or other wires or pipelines across or lay underground cables or pipelines under or on a provincial road, railway line or access road;
(k) use a provincial road while it is under construction or repair, except in the manner indicated by the MEC by road signs or other methods;
(l) close, deviate, alter or in any other manner encroach on a provincial road, railway line or access road;
(m) attach to a gate on a provincial road, railway line or access road spikes or other objects that may cause injury to persons or animals or damage to property;
(n) wilfully damage trees, shrubs or other improvements on provincial roads or railway lines;
(o) obstruct or hinder the MEC or an official employee or agent of the Department or another person authorised by the MEC in the execution of his or her duties under this Act;
(p) close a provincial road or access road or any other road that the public is entitled to use or erect a fence or other barrier to prevent the public from using such a road;
(q) shine lights onto, or increase the lighting on, a provincial road or railway line in a manner that will endanger traffic
(r) use a provincial road that has been closed to traffic by appropriate road signs;
(s) unlawfully occupy or reside in a provincial road or railway line, or other transport infrastructure owned by or under the control of the MEC;
(t) erect a traffic sign on any provincial road or railway line;
(u) deviate traffic onto a provincial road. except in the case of an emergency;
(v) alter, move, disturb or damage any survey peg placed by the MEC or the MEC's agent, surveyor or contractor in the execution of his or her duties; or
(w) move livestock on a provincial railway line, or on a provincial road contrary to a notice published under paragraph (p) of section 50(2) or without the approval required by that paragraph.
(3) Where a law authorises the doing of an act contemplated in subsection (1), the person so authorised must give the MEC at least 60 days' notice of the intention to execute the act, unless the MEC agrees to a shorter notice period. Such person must pay to the MEC the costs, as determined by the MEC, of deviating the relevant road, railway line or infrastructure or of taking other actions or precautions necessary to cater for the carrying out of that act and to ensure the safety of road users.
(4) The MEC may authorise the doing of an act prohibited in subsection (1) in writing, subject to the conditions, for the period and on payment of the fees or rentals that the MEC prescribes, if the MEC is satisfied that no damage to the provincial road, railway line or other transport infrastructure or prejudice to the public can result therefrom. Such fees or rentals may be fixed or be payable on a periodical basis, and such conditions may provide that the applicant shall pay the costs involved.
(2) A court may after convicting a person of an offence created by this Act, where applicable, order the person to pay a penalty to the MEC to compensate for damage caused or order the person to repair, remove or restore any damage to, obstruction of, deviation from or encroachment on a provincial road, railway line or other transport infrastructure.
(3) A court convicting a person of an offence related to the overloading of a motor vehicle or the spilling of hazardous goods on a provincial road under the National Road Traffic Act, 1996 (Act 93 of 1996) or any other law, may order that person to pay to the MEC a penalty of R10 000 to cover the cost of damage caused to such road by the overloading or spilling, unless the MEC can show that such damage amounted to more than R10 000, in which case the penalty must be increased accordingly.
(4) Where a person is ordered by a court to perform an action under this Act and fails to do so within the period determined by the MEC or within the time stipulated by the court and notified to that person in writing, which may not be less than seven days, the MEC may perform the action and recover the costs from the person responsible to perform it, in addition to any other legal remedy available to the MEC.
(5) Where a person has been found guilty of an offence that has had the result of causing loss or damage to the Provincial Administration of the Province, the Court convicting such person may order that he or she must compensate such Administration therefore.
(b) protecting from damage or interference property or works on or in connection with provincial roads, railway lines or other transport infrastructure, including trees, wells, boreholes and other improvements;
(c) prescribing standards and criteria for the planning design, development, construction, management, control, maintenance, protection and rehabilitation of provincial transport infrastructure or for road safety in the Province. In this regard different standards and criteria may be prescribed for freeways;
(d) prescribing restrictions on or directions for the use of specified types of provincial roads or access roads;
(e) providing circumstances in which owners of land or other persons must construct erect or maintain gates, fences, points of access to roads or points of exit from roads, erected or regulated by this Act, or contribute to the costs of such erection, construction or maintenance, but may not require a person to 1 repair or replace a fence or gate where it has been removed or damaged due to circumstances beyond such person's control;
(f) prescribing standards for fences, gates, motor grids and other structures that are or must be erected or maintained in terms of this Act;
(g) prescribing a system for numbering routes or road networks in the Province;
(h) prescribing the manner in which notices required by this Act must be served or delivered;
(i) prescribing fees and increases thereof from time to time;
(j) prescribing or regulating any other matter permitted or required by this Act; or
(k) prescribing or regulating any other matter the MEC may deem necessary or (2) expedient for the efficient administration of this Act.
(b) as a result of the closure or deviation of a provincial road, railway line or access road under this Act.
(3) Except as provided in subsection (4), legal proceedings may not be brought against the MEC, an employee of the Provincial Administration or any other person for loss or damage allegedly suffered by a person (in this section called the claimant) as a result of any act with regard to a provincial road, railway line or other transport infrastructure which allegedly was performed or committed by the MEC, an employee of the Provincial Administration acting in the performance of his or her duties or any person acting on behalf of the MEC-
(b) before the expiry of at least 90 days after written notification of the claimant's intention to institute the legal proceedings, with sufficient particulars of the alleged act or omission, has been served on the defendant or respondent, unless the defendant or respondent has denied liability in writing.
(2) Subject to subsection (3), a power or duty granted to the MEC under this Act may be exercised by contractors or agents on behalf of the MEC, provided that where compensation is payable as a result of exercising the right or power, it may be recovered from the MEC who may in turn recover it from the contractor or agent.
(3) Subsections (1) and (2) will not apply to the power or right to expropriate land or rights under sections 11, 12, 13 or 19 or to make regulations under section 54.
(2) Such an authorized official will have the powers of arrest and detention conferred on a peace officer in terms of Chapter 5 of the Criminal Procedure Act, 1977 (Act 51 of 1977), with regard to any person who, on or in such transport infrastructure has committed any offence referred to in subsection (1) in the presence of the authorised official) or who is suspected by that official, on reasonable grounds, to have committed such an offence.
(3) Despite subsections (1) and (2), the MEC may enter into an agreement with a municipality in terms of which the municipality is authorised and undertakes to perform the law enforcement functions mentioned in subsections (1) and (2) on or in any transport infrastructure within the municipal area, through employees of the municipality designated or appointed by it for that purpose.
(2) Proclamations, notices, regulations, permissions, authorisations and consents issued under a law excluded from application by this Act shall remain in force until repealed, withdrawn or amended under this Act, unless inconsistent with the provisions of this Act.
(3) An expropriation commenced or proceedings for the determination of compensation instituted before the commencement of this section in terms of a law excluded from application by this Act, must be concluded as if this Act had not been passed, provided that the parties may agree to proceed with such expropriation or proceedings in accordance with the provisions of this Act.
(4) An application submitted for an authorisation, consent or permission in terms of a law excluded from application by this Act must be concluded in terms of this Act, where appropriate.
(5) Any land in the Province which is subject to a servitude of outspan on the date of commencement of this section in terms of sections 54 or 55 of the Roads Ordinance, 1957 (Ordinance 22 of 1957), is hereby released from such servitude and any reference to such a servitude in a title deed shall be deemed to have lapsed.
(6) The Register of Deeds must remove from the Deeds Register all servitudes contemplated in subsection 5.
(7) An access road declared in terms of section 48 of the Roads Ordinance, 1957 (Ordinance 22 of 1957) is deemed to be an access road proclaimed under this Act.
(b) the Roads Ordinance [Transvaal], 1957 (Ordinance 22 of 1957) in total;
(c) the Extension of Powers of Executive Committees and Administrators Act, 1964 (Act 41 of 1964), in total; and
(d) the Businesses Act, 1991 (Act 71 of 1991) insofar as it relates to an activity contemplated by this Act.
61 This Act hinds the State
(2) Different dates may be determined for the commencement of different
sections of this Act.