Land Administration Amendment Act

1 Words in bold type in square brackets indicate omissions from existing enactments. · Words, underlined with, a solid line: indicate jnsertions in existing enactments. ' · ACT To amend the Land Administration Act, 1995, so as to delete the definition of "proclaimed area"; to insert a definition of "Director-General" and to insert a definition of "Minister" in the Afrikaans text; to make further provision for the delegation of powers; to repeal the section which confers upon the President cer~ p_owe~ with regard to laws in a proclaimed area; and to make provision for matters connected therewith.· . . ' .' . . . . . ' ' ' ·. . • I • ; . e (English text signed by the President.) (As~ented to 20.0ctober 1996.) · . · .. ·· . '.- . :;_. '· : BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 2 of 1995 , prj~cipa}.Act), is her~by am~nded--:::.. .. . ..

1. Section I of the Land Administration Act, 1995 (hereinafter referred to as the ... (a) by the insertion before the definition of "Minister" of the following . _ __ . .. _ _ ... .. ~ -- · definition: , . , ""' , . . . . , . · "'Director-General''means the Director-General: Land Affairs;"; (b) by insertion, in the Afrikaans .t~xt, after the definition of "Direkteur-generaal" · of the following definition: · · ·· · · · · · · .. " 'Minister' die Minister van Grondsake.''; and (c)- by't11e deletion of ~e definition ~f "proclaimed area•·: Amendment of section 2 of Act 2 of 1995

2. Section 2 of the principal Act is hereby amended- ' 5 10 (a) by the substitution for paragraph (d) of subsection (1) of the following 15 , .-.. . ' ,· ·r·. ·. ,, · · : .~ . . . ·.-;··. ·,), ~ /-:.'::· .·· :.: ·, .. .. " :·· '. . . · . 1 ' . ··pru:ag~apii; . ·· ·· .· " (d) The Premier [ora member of the Executive Council] of a -p~ovince to who~ any power has been delegated under paragraph ( a)(i) may, subjectto any ~irections contemplated in paragrap~ (p) ap,d .S'!JCI? further conditions and periods of time as he or she may consider · io necessary, in writing delegate any such power to- (i) {the Director-General of that province] any member of the Executive Council of that province; or 4 No. 17523 GOVERNMENT GAZETIE; 24 OCfOBER·1996 Act No. 52, 1996 LAND ADMINISlRATION AMENDMENT ACf, 1996 (ii) the Director-GeneraL of that province, to; be ·exercised by that Director-General or by any officer in the service of the provincial. government concerne,d indicated by that Director-General."; . (b) by the insertion after paragraph (d) of subsection (1) of the following ;paragraph: ; · ·· ·' ; ' " e A member of the Executive· Council of a ·. ~ · · · .. rovince to whom an 5 power has been delegated under paragraph ( a)(i) may, subject to any directions contemplated in paragraph (b) or (d) and such further . conditions and periods of time as the Premier: concerned or he or she · · may consider necessary, in writing delegate any such power to the 10 Director-General of that province to be exercised by that Director General or by any officer in the service of the provincial government concerned indicated by that Director-General."; and (c) by the insertion after subsection (1) of the following subsection: " 1A a The Director-General rna in writin , either in eneral or in 15 a particular case or in cases of, a particular nature, delegate any power relating to land matters conferred upon him or her in terms of any law to- . (i) : -the Director-Gen.era1: of a1 national 'department ·or a province;· to be ' ; : exerCised by ·that· Director-General or. by any officer in that 20 "-' departmen( or· in the ·service·. of. ·the provinCial government in · : . question, as the case' may be, indicated by the Director-General .conce'med; or · ·;·-~- ·: · ~ .: .~ .. -~; ; ;, :: ~ ~ - · ,.: ·~- ! . .~ • :·. ~ , _ ~ • (ii) an officer in the'service of a local government body contemplated in section I of the Local Government Transition Act, 1993. 25 (b) Any person to whom any power has been delegated. under paragraph (a) shall exercise that power subject to the directions of the Director-General. · (c) The Director-General may at any time in writing withdraw such delegation, ·. and· the -'delegation of any power shall not prevent the 30 Director-General from exercising that power."; (b) by the substitution in subsection (2) for the words following paragraph (b) of the following words: "either generally or to the extent specified in the proclamation, and subject to such conditions [,amendments, adaptations, modifications] 35 and periods of time as the President may consider necessary."; and (c) by the deletion of paragraphs (a) and (b)of subsection (3). _; 1 L .. ', , ~ ~ ·~ . : • . • • • ·· : .'.;, . • 1 I ' , · .•• . ! ' ; . , ," " • · .' · . , . 1 , Repeal of section 3 of Act 2 of 1995

3. Section 3 of the principal Act is hereby repealed.- · Repeal of section 4 of Act 2 of 1995 ·· · · · ~: .· 40 . r. .. . . ,

4. Section 4 of the principal Act is hereby repealed. . · - · .. . . , , . .. . . , . , . . Short title a~d coiiuitehc~ment' ' ~~ :.:··_: ~5. ThisAct shall' be' called the' Larid Admini'stration Amendment Act, 1996, and shall be deemed to have come into operation on 22 September 1995. . ._;_;:; .. : . - : - ' ;; .. . -·:: _ . . :_ -~ _ -j : .. _ ~ ;:i _: ~ ;~· /; ·. : .. · · ~ : '.: :.; ·- · •: . . ) ' · · ,_ . ; : . r · ~ _ :' •·. -~ 1 1 ~ • ; ; : i · " ~ ; •. · . ;· , · _: • ·