Lake Areas Development Act, 1975 (No. 39 of 1975)

GOVERNMENT GAZETTE STAATSKOERANT VAN DIE REPUBLIEK ·VAN SUID-AFRIKA Registered at the Post Office as a Newspaper As 'n Nuusblad by die Po.skantoor Geregistreer OL. 119] Price 20c Prys O,erseas 30c Oorsee . POST ·FREE-POSVRY CAPE TOWN, 7 MAY 1975 KAAJ>STAD, 7 MEI 1975 (No. 4702 DEPARTMENT OF THE PRIME MINISTER DEPARTEMENT VAN DIE EERSTE MINISTER :o. 932. 7 May 1975. No. 932. 7 Mei 1975. It is hereby notified that the State President has assented Hierby word bekend gemaak dat die St.aatspresident sy 1 the following Act which is hereby published for genera1 goedkeuring geheg het a.an die onderstaande Wet wat hierby formation:- ter algemene inligting gepublisee:r word: :o. 39 of 1975: Lake~ Development Act, 1975. No. 39 van 1975: Meergehiede-ontwikkelingswet, 197 5. 2 . No. 4702 Act No. 39, 1975 Defuritions. Establishment of lake areas. Establishment of LakeAreas Development Board. Constitution of board. GOVERNMENT GAZEITE, 7 MAY 1915 LAKE AR.BAS DEVELOPMENT ACT, 1975. ACT To provide fOI' the estalllishme.nt of lake areas under the control of a Lake Anas Development Boardt and for matters coooected iherewith. (Afrikaans text signed by the State President.) .. (A.isented to 30 April 1975.) BB IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows: 1. In this Act, unless the con~ otherwise indica.tes (i) "board" means the l.ake Areas Development Board established by section 3 ; ( vii) (ii) ••lake area" means a. Jake area established under section 2; (iv) {iii) .. Jand" includes any part of the sea. and the sea-shore; (ill) (iv) "local authority" means an institution or body con templated in section 84 (1) (f} of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961); (vi) {v) 0 Minister" means the :r,,.furister of Agriculture; (v) (vi) ••sea" has the meaning assigned thereto in the Sea. shore Act, 1935 (Act No. 21 of 1935); {viii) (vii) "sea-shore" has the meaning assigned thereto in the Sea-shore Act, 1935 {Act No. 21 of 1935); (ix) (viii) "tidal lagoon" bas the meaning assigned thereto in the Sea-shore Act, 1935 (Act No. 21 of 1935); (ii} (ix) "tidal river .. has the meaning assigned thereto in the Sea-shore Act, 1935 (Act No. 21 of 1935). (i) 2. (1) Subject to the provisions of subsection (2), the State President may, by proclamation in the Gazette, with effect from a date mentioned in the proclamation {a) declare any land comprising or adjoining a tidal Jagoon, a tidal river or any part thereof, or any other land comprising or adjoining a natural lake or a river or any part thereof, which is within the immediate i'icinity of a tidal lagoon or a tidal river, to be a lake area under a name to be assigned to it in that procla mation; {b) declare any land to be part of any lake area. or exclude any land from any lake area. (2) No land which is under the control of a prorincial administration shall be declared to be a la.ke area or to be pa.rt of any lake area under subsection ( 1 ). except after consultation by the Millister with the Administrator concerned. 3. There is hereby established a. juristic person to be known as the Lake Areas Development Board. 4. The board shall consist of not fewer than four and not more than seven members to be appointed by the Minister. ,i ~---------------· Act-Nii; 39, 1975 : · Chairman and vke-chairman of board. Tenure of office and vacation of office by members of board. Vacancies on board. Meetin,gsand decisions of board. Committees cf board. GOVERNMENT GAZETTE, 7 MAY 1915 LAKE AREAS DEVELOPMENI' ACT, 19"75. 5. (1) The Minister shall designate a member of the board as chairman of the board and another such member as vice-chair man of the board. (2) When the chairman of the board is absent or unable to perform his functions as chairman of the board, the vice chairman shall act aschairman, and thevice-cltairman shaJl while so acting have all the powers and perform all the functions of the chairman. . (3) If the chairman or the vice-cha.irma.n ceases to ho!d office as a member of the board, the Minister shall designate another member of the board as chauman or vice-chairman (as the case may be). · . 6. (1) A member of the board shall be appointed for the period, but not exceeding five years, determined by the Mjnister at the time of appointment . . (2) Any person whose period of office as a member of the board has expired shall be eligible for reappointment. (3) Am.ember of the board shall.vacate his Qffice if . (a) his estate is sequestrated; . . · (b) he becomes mentally ill as defined in the Mental Health' Act, 1973 (Act No.18 of 1973); · ( c) he is convicted of any offence and is sentenced to imprisonment without the option of a fine; {d) he resigns as a member; (e) he has absented himself from two consecutive meetings· . of the board without the-leave of the board; (f) he is removed from office in-terms of subsection (4). · (4) A member of the board may at any time be removed from office by the Minister if the Minh;ter is of the Qpinion that there arergood reasons-for doing so. 7. (I) If the office of a member of the board becomes vacant the Minister shall as soon as practicable appoint a person to fill the vacancy. (2) Subject to the provisions of section 8 (2), no decision of the board shall.be held to be invalid by reason only of the fact that when such decision was taken. a vacancy existed on the board. ~- {I) A meeting of the board shall be held at a time and place to be determined by tb.e chairman of the board. (2) A majority of all the m.embei:s of the board sh.all form a quorum for any meeting of the board ... (3) In the event of the absence of both the chairman and the · vice-chairman from any meeting of the board, the members of the board present at the meeting shall elect one of their number to preside at such meeting. (4) The decision of a majority of the members of the board · present at a meeting of the board shall be a decision of the board: Provided that in the event of an equality of votes the chairman of the board shall have a casting vote in addition to his deliberative vote. · (5) A member of the board may not be present at or take part in the discussion of or cast his vote on a matter before the board or a committee thereof, in which be or his w:if e or his partner or employer, excepting the State, or the partner or employer of his ~e, has a direct or an indirect :financial interest. 9. {l) The board may from among its members appoint one or more committees to assist it in the performance of its func tions. · · (2) A committee referred to in subsection (1) shall consist of the chairman or the vice--chairman of the board, who shall be the chairman of the committee, and one or more other members. (3) The board may assign to a committee appointed in terms of subsection (1) any of its functions, but shall not be divested of any function which it has assigned to a committee, and may amend or withdraw any decision of a committee. I ~ 0 • I. I I I' '· Act No. 39. :1975 Conditions of service of members of board. Objects and powers of boa.rd. GOVERNMENT GAZETTE, 7 MAY. i97S LAKE AREAS DEVELOPMENI' ACT, 197S. ( 4) A committee ref erred to in subsection { 1) shall meet at the times and places to be determined by the chair.man of that committee. 10. (1) The remuneration. allowances, leave or other privileges or c.ond.itions of service of a member of the board who is not in the full-time service of the State, shall be determined. from time to time by the Minister in consultation with the Minister of Finance. (2). Remuneration and allowances which may beC-ODJ.e payable in terms of subsection (1) shall be paid from the funds of the board. (3) The board shall refund to the Minister, for the benefit of the Conso]idated Revenue Fund, any travelling or subsistence ajlowances paid out of public funds to any member of the board who is in the full•time service of the State. 11. (1) The objects of the board shall be to control, manage and develop any State land situated within any Jake area and made availab]e to the board by the Minister in terms of section 17 and to deal therewith in terms ofthis Act, and for that purpose the board may {a) sub-divide, lay out, plan and develop such State Iand; (b) with the approval of the Minister and subject to such conditions as he may determine (i) seH, let, hypothecate or otherwise encumber such St.ate land or any part thereof, or exchange it for private land within any Jake area, whether before or after development; and (ii) acquire by lease, exchange or otherwise, · any private land or any interest in private 1and situated in any lake area or any building or other .structure, in so far as the acquisition thereof may be neces• sary for or incidenta1 to the attainment of the objects of the board; (c) v;,jth the approva1 of the Minister and subject to such conditions as he may determine, advance moneys to a local authority for any purpose which in the opinion of the board wiU be conducive to the attainment of the objects of this Act; (a) enter into contrac:ts with the State, including the South African Railways and Harbours Administration, a local authority or any other body or person for the performance of any act which the board is empowered to perform; (e) borrow money; {f) accept donations ; (g) provide accommodation and amenities in connection therewith for visitors to any lake area; (h) provide any other service for the convenience of visitors to any lake area; (i) erect, establish, equip or maintain any building, structure, depot or site which is required in connection with any matter referred to in paragraph (g) or (h) or let a site required for any such purpose; (j) make such charges in connection with a matter referred to in paragraph (g) or (h) as it may determine; (k) empower any person to carry on any activity which the board may carry on under paragraph (g) or (h), subject to such conditions and the payment of such fees as the board may deem fit. (2) The board shall not without the approval of the Minister, given in consultation with the Minister of Finance, accept any donation to· which any condition is attached, or borrow any money. {3) Tbe O"-nership of any immovable property donated to the board shall upon the acceptance of the donation by the board vest in the State. (4) The board may, if authorized thereto by the Minister, investigate the desirability, or otherwise, ofdeclariog any area . :;- =· ~. /?. ~:-~ I · 8 No.4702 GOVERN~ GAZETI'B, 7 MAY 1975 Act No; 39, 1975 LAKE AREAS DEVELOPMENT ACT. 197S. Staff of board. lnlurance.. to be a lake area or of declaring any land to be part of a lake area or of excluding any jand from any lake area. (5) The board may for the purposes of a prodamation mentioned in section 2 (1), cause any ]and to be defined in such proclamation to be surveyed. (6) Moneys derived from the sale of State land shall be paid into the Consolidated Revenue Fund. ll. The work incidental to the carrying out of its functions by the board sha11 be performed at the expense and under the directions and control of the board by persons with whom the board has concluded agreements for the performance of any act or piece of work or the rendering of services, on the conditions and at the remuneration determined by the Minister with the approval of the Minister of Finance. 13. The board may arrange with an insurer for the provision of insurance oover (a) for any member of the board who is not in the full time service of the State ap.d for any person with whom the board has concluded an agreement contemplated in section 12, in respect of any bodily injury, disable ment or· death resulting solely and directly from any accident occurring in the course of the performance of his functions in terms oft.bis Act or, in the case ofsuch person, while performing the act or piece of work or rendering the services in terms of the agreement in question; {b) for the board against any loss, damage, risk or liability which it may suffer or incur. including cover in respect of all property under the contro1 of the board. • Funds of board. 14. (l) The funds of the board shall consist of Opening and clo.sin.s of the mouth of a tidal Jaacon or a tidal river and the oomtructioo of a water work within a lab area. (a) loans. granted to the board from moneys appropriated by Parliament for the pwpose, on th~ conditions determined by the Minister in consultation with the Minister of Finance; (b) annual grants-in-aid out of moneys appropriated by Parliament for the purpose, which the Minister may pay out to the board in such amounts and for such purposes and on such conditions as he may determine; {c) moneys derived from the letting of ]and or buildings by the board; (d) interest derived from investments; (e) moneys received by way of donation; (f) moneys received in terms of regulations under section 23; (g) moneys received from any other source. (2) The boa.rd shall open an account with a banking institu tion approved by the Minister and shall deposit in such account all moneys rea:ived by the board in terms of this Act. (3) Any moneys standing to the credit of the account referred to in subsection (2} and which are not required for immediate use or as a reasonab1e operating balance shall, subject to the provisions of section 18 (l), be invested with the Public Debt Commissioners or shall be invested or utilized in · any other manner determined by the Minister in consultation with the Minister of Finance. 15. The mouth of a tidal lagoon or a tidal river shall be opened or closed by the board within any lake area, and a water work, as defined in section 1 of the Water Act, 1956 (Act No. 54 of 195~ shall be constructed by the board within any fake area, only in consultation with and subject to the directions of the , Minister of Water Affairs. - ·-= ,. 11 10 No. 4702 GOVERNMENT GAZETTE, 7 MAY 1915 ActNo.. 39, 1975 LAKE AREAS DEVELOPMENT ACT, 1975. Acquisition of 16. {I) The Minister may by the exchange of State land private land in a situated within or outside any Jake area, acquire for the purposes Jake area. of this Act any private land situated within any Jake area. (2) If the Minister is satisfied that the board reasonably · requires for the purposes of this Act any private land situated within any lake area and tbat he is unab]e to acquire that land by purchase, the Minister may at the request of the board expropriate that land. (3) The provisions of the Expropriation Act, 1965 (Act No. 55 of 1965), shall mutatis mutandis apply in respect of any expropriation under subsection (2). . (4) Any 1and situated within any lake area which has been · acquired under this Act, shall be transferred to and be registered ,. in the name of the Republic of South Africa. :I Making available 17. (1) Any State land situated in a Jake area which was not of State 1and to acquired out of the funds of the board in terms of the provisions board. of this Act, shaU by agreement between the Minister and the board on such conditions as may be specified in the agreement, ,, be placed at the disposal of the board, whether for a considera ;; tion or not: Provided that should compensation be payable in respect of such land which was originally acquired with moneys from any provincial revenue fund, such compensation shall be paid into the provinciaJ revenue fund concerned. (2) Land acquired by the board in terms of this Act, shall be State land and shall be deemed to have been made available to the board for the purposes of this Act. Disposal of funds 18. (1) The board may from time to time pay to the Con• of board. solidated Revenue Fund, and any local authority within whose area of jurisdiction any Jake area or part thereof is situated, such amounts from moneys :standing to its credit as may in each case be approved by the Minister" in consultation with the Minister of Finance. (2) Any amount which may in terms of subsection (1) become payable to any local authority, shall be paid over to it subject to such c.onditions as the Minister may determine. Accounts and 19. (1) The board shall keep a proper record of the property t auditing. and all :financial transactions of the board and shall as soon as - 1 possible after the end of each financia1 year ( which shall ter- . -1 minate on 31 March in each year) prepare accounts. of its ) revenue and expenditure for such year and a balance sheet of -· its assets and ]iabilities as at 31 March. ii (2) The books. statements of account and balance sheet of the board sha11 be audited by the Controller and Auditor-General at such remuneration, paya b]e by the board, as the Minister of Finance may determine. R.qiorts. 20. {I) The board shall keep an accurate record of its activ:i ties and shall as soon as possib]e after the end of each financia] year submit to the Ministerin a manner determined by him, a report relating to its activities during that financial year. (2) The Jil.firuster shall lay each. report submitted to him in terms of subsection (1) on the Table in the Senate and in the House of Assembly within 14 days after receipt thereof, if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its first ensuing ordinary session. Delegation of 21. The Minister may delegate to any officer in the Public powers. Service any power conferred upon him by this Act, except a power referred to in section 4, 5, 6, 7, 10 or 23, but shaU not be divested thereby of any power de]egated by him, and may vary or withdraw any decision of any such officer. Ex.emption from 22. No 1icenc.e moneys, tax, duty or fee imposed by or under licence duties and any law ( other than customs, excise or sales duties leviable by fees. Jaw) shall be payab]e by the board. ·12 No.4102 Ad: .Net. 351,, 1975, · Begnkti~ · GOVERNMENT GAZEITE, 7 MAY.·15t7,5 LAKE AREAS DEVELOPMBNT ACT, 197:S. 23. (1) The Minister may make regulations (a) providing for the regulation of and the oontrol over such State land within any lake area as the board may from time to time reserve or set aside for streets, open sites or other public purposes or works constructed by it or under its authority; (b) with regard to the siting, construction, erection and maintenance of and control over buildings and other improvements within any lake area; (c) regulating the use of the sea-shore and the sea within any lake area; (d) providing for the control, generally, of the sea•shore and of the sea and of any lake or river within any lake area; (e) in consultation with the Minister of Finance. pre scribing fees payable for the doing of any act upon or in or in relation to the sea-shore or the sea within any Jake area; (J) with regard to the use of ao:y lake or river in any Jake area and, in consultation with the Minister of Finance, with regard to the fees payable therefor; (g) regulating the use of amenities provided for visitors to any lake area. and, in general, with regard to any other matter which the Minis ter a;,nsiders necessary or expedient to p~scribe or regu]ate in order to attain orfurther the objects of this Act. and the general ity of this provision shall not be limited by the preceding para- . graphs of this subsection. (2) Different regulations may be made under this section in respect of different classes or categories of users of any lake area, and different lake areas: (3) Notwithstanding the provisions of the Sea-shore Act, 1935 (Act No. 21 of 1935). any regulation made by the Minister, as defined in section l of that Act, or by any local authority, under section IO of that Act, shall not apply in respect of any Jake area. (4) Any regu]ation made under this section may provide that aJJ fees and fines co]]ected in pursuance of that regulation. shall acctue to the board. (5) ~y regulation under this section 3:ffectii;ig ~y JocaJ authonty may o:hly be made after consultation with that Jocal authority. (6) Any regu]ation made under this section may prescribe penalties for any contravention of or failure to comply with its provisions. not exceeding a. fine of two hundred rand or im prisonment for a period of one yea.r or both such fine and such imprisonment. {7) (a} If the Minister intends to make any regu1ation under this section, he shalJ cause the text of the proposed regulation to be published in the Gazette and in at least one newspaper circuJating in the vicinity of the 1ake • area concerned together with a notice declaring his intention to make such a regu]ation and inviting inter ested persons to submit to the Secretary for Agricul tural Credit and Land Tenure any comments and repre sentations they may wish to make in connection there with. (b) A period of not Jess than three months shall elaps~ between the 1atest publication of such . text and the publication of the regulation in question. 14 No.47Q2 Act No. ~, 1'75 GOVERNMENT GAZBITE, 7 MAY 197;5 LAKE ARE>.s DEVELOPMENT ACI', 197:5. . (8) The provisions of subsection (7) shall not apply in respect of- . (a) an amendment of a proposed regulatiqn "in. pursuance of the notice published in terms of th.at £1,ubsection; and (b) any regulation in respect of which the Minister is of the opinion that the public interest requires that it be made without delay. 24. This Act shall be called the lake Areas Development Act, 1975". , ,