Expropriation Amendment Act (Act No. 45 of 1992)

STATUTES OF THE REPUBLIC OF SOUTH AFRICA - LAND EXPROPRIATION AMENDMENT ACT NO. 45 OF 1992 [ASSENTED TO 7 APRIL, 1992] [DATE OF COMMENCEMENT: 1 MAY, 1992] (Afrikaans text signed by the State President) ACT To amend the Expropriation Act, 1975, so as to define, further define or delete certain expressions; to extend the power to expropriate to any minister responsible for the admin istration of works and land affairs; to restrict expropriation by Transnet to expropriation under the Legal Succession to the South African Transport Services Act, 1989; to facilitate the expropriation procedure; to extend payment of compensation in respect of unregistered rights; to extend penal provisions; to further regulate offers and claims relating to compen sation, disposal of the amount of compensation, payment of interest, payment of legal costs and the withdrawal of expropriation; and to repeal certain obsolete provisions; to effect certain consequential amendments to the Water Act, 1956; to amend the Deeds Registries Act, 1937, so as to facilitate the recording of expropriation; to amend the Legal Succession to the South African Transport Services Act, 1989, so as to regulate expropriation by Trans net anew; and to provide for matters connected therewith. 1. Amends section 1 of the Expropriation Act, No. 63 of 1975, as followsi-epara graph (a) deletes the definition of "compensation court"; paragraph (b) substitutes the defin ition of "date of expropriation"; paragraph (c) deletes the definition of "date of offer of compensation"; paragraph (d) substitutes the definition of "executive committee"; para graph (e) deletes the definition of "immovable property"; paragraph (f) inserts the definition of "lessee"; paragraph (g) substitutes the definition of "local authority"; paragraph (h) sub stitutes the definition o["Minister':'paragraph (i) amends the definition of'towner"byadding paragraphs (i) and (j); paragraph (j) inserts the definition of'ipossess"; paragraph (k) deletes the definition of "regulation"; paragraph (l) inserts the definition of "road"; and para graph (m) deletes the definition of "this Act". 2. Amends section 2 o[ the Expropriation Act, No. 63 o[ 1975, as [ollows:-para graph (a) substitutes subsections (2) and (3); and paragraph (b) adds subsection (4). 3. Amends section 3 of the Expropriation Act, No. 63 of 1975, as followst-r- para graph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2) (c). 4. Repeals section 4 of the Expropriation Act, No. 63 of 1975. 5. Amends section 5 of the Expropriation Act, No.63 of 1975, by substituting subsection (1). 6. Amends section 7 of the Expropriation Act, No. 63 of 1975, as followsr i para graph (a) substitutes subsection (2); paragraph (b) substitutes subsection (3); paragraph (c) substitutes subsection (4); and paragraph (d) substitutes subsection (5). 7. Amends section 8 of the Expropriation Act, No. 63 of 1975, as follows.r-para graph (a) substitutes subsection (3); paragraph (b) substitutes subsection (4); paragraph (c) substitutes subsection (5); and paragraph (d) substitutes subsection (7). 8. Amends section 9 of the Expropriation Act, No. 63 of 1975, as follows:-para graph (a) substitutes subsection (l) (d) (i); paragraph (b) deletes subsection (l) (d) (iv); para (Issue No 26) 1137 ss.8-30 STATUTES OF THE REPUBLIC OF SOUTH AFRICA - LAND Expropriation Amendment Act. No. 4S of 1992 SS. S-3~ graph (c) substitutes subsection {I) (e); paragraph (d) deletes subsection (2); paragraph (e) de letes the expression "(2)" in subsection (5); and paragraph (f) substitutes subsection (6). 9. Substitutes section 10 of the Expropriation Act, No. 63 of 1975. 10. Amends section 11 of the Expropriation Act, No. 63 of 1975, as followst-i-para graph (a) substitutes subsection (J); paragraph (b) deletes subsection (2); and paragraph (e) deletes the words "in terms of subsection (2)" at the end ofsubsection (3). 11. Amends section 12 of the Expropriation Act, No. 63 of 1975, as follows.s-para graph (a) substitutes the words preceding subsection (l) (a) (i), paragraph (b) substitutes sub section (1) (b); paragraph (c) adds the proviso to subsection (1); paragraph (d) substitutes subsection (2); paragraph (e) substitutes subsection (3); paragraph (f) substitutes subsec tion (5) (c); paragraph (g) deletes subsection (5) (g); paragraph (h) deletes subsection (5) (h) (iii); and paragraph (i) substitutes subsection (5) (h) (iv). 12 and 13. Substitute respectively sections 13 and 14 ofthe Expropriation Act. No. 63 of1975. 14. Amends section 15 of the Expropriation Act. No. 63 of 1975. as follows:-para graph (a) deletes subsection (1); paragraph (l~ substitutes the words preceding subsection (2) (a); paragraph (c) substitutes subsection (3); and paragraphtd) inserts subsection (3A). 15 and 16. Repeal respectively sections 16 and 17 of the Expropriation Act. No. 63 of 1975. 17. Substitutes section 19 of the Expropriation Act, No. 63 of1975. 18. Amends section 20 of the Expropriation Act. No. 63 of 1975, by substituting subsection (1). 19 and 20. Substitute respectively sections 21 and 22 of the Expropriation Act, No. 63 u/1975. 21. Amends section 23 of the Expropriation Act, No. 63 of 1975, by substituting subsection (1). 22. Substitutes section 24of the Expropriation Act, No. 63 of 1975. 23. Repeals section 25 ofthe Expropriation Act, No. 63 of1975. 24. Substitutes section 26 of the Expropriation Act, No. 63 of 1975. 25. Repeals sections 32,35 to 41,43 to 45,49 to 68, 74, 75. 77 to 79 and 83 to 95 of, and the Schedule to, the Expropriation Act. No. 63 of 1975. 26. Amends section 31 (6) of the Deeds Registries Act, No. 47 of 1937, by substituting paragraph (a). 2'7. Amends section 32 cfthe Deeds Registries Act, No. 47 of 1937, by substituting subsection (5). 28. Amends section 60 ofthe Water Act, No. 540/1956, by substituting subsection (2). 29. Amends paragraph 7 Of Schedule 1 to the Legal succession to the South African Transport Services Act, No.9 0/ 1989. as followsi-eparagraph (a) substitutes subpara graph (1); and paragraph (b) substitutes subparagraph (2). 30. Short title and commencement.-(l) This Act shall be called the Expropriation Amendment Act, 1992,and shall come into operation on a date fixed by the State President by proclamation in the Gazette. (2) Different dates may be so fixed in respect of different provisions of this Act. (Issue No 26} 1139