Legal Succession to the South African Transport Services Amendment Act 43 of 1995
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN. DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
OL. 363
o. 1476.
CAPE TOWN. 22 SEPTEMBER 1995
KAAPSTAD, 22 SEPTEMBER 1995 No. 16698
OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT
22 September 1995 No. 1476. 22 September 1995
It is hereby notified that the President has assented to the llowing Act which is hereby published for general infor- ation:-
Hierby word bekend gemaak dat die President sy goed- keuring geheg bet aari die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
o. 43 of 1995: Legal Succession to the South African No. 43 van-1995: Wysi~ingswet op die Regsopvolging van die Transport Services Amendment Act, Smd-Afrikaanse Vervoerdienste, 1995. 1995.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
2 · No.·16698
Act No. 43, 1995
GOVERNMENT GAZETIE, 22 SEPTEMBER 1995
LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT SERVICES AMENDMENT ACT,199S
GENERAL EXPLANATORY NOTE:
Words underlined 'with a solid line indicate insertions in existing enactments. · ·
.ACT To amend the Legal Succession to the South African Transport Services Act, 1989, so as to provide for the integration of land belonging to the Company and the Corporation into conventional land use control systems; and to provide for matters connected therewitJt.
(A/rika~ns text signed by the ·President.) (Assented to 21 September 1995.)
BE IT ENACfED by the Parliament of the Republic of South Africa, as . follows:- . Substitution of section 13 of Act 9 of 1989, as amended by section 69 of Act 129 of 1993
1. The following section is hereby substituted for section 13 of the Legal 5 Succession to the South African Transport Services Act, 1989. (hereinafter referred to as the principal Act): ·
"Integration of Company's land into conventional land use control systems
__ 13. 1 In this section- 10 (a) "ancillary uses" means the use of land, a building or a structure
. which is ancillary to the transport uses of such land, building or structure, or which is directly related to or incidental to serving the interests of the commuting public, including the use of such land, building or structure for offices, shops and recreational, 15 business and residential purposes; ·
(b) "competent authority" means any person or body administering a zoning scheme in terms of any law;
(c) "effective date" means 1 Apri11995; · (d) "existing· use" means the actual use of land owned by the 20
Company as at the effective date; (e) "other zone" . means any land use zone in terms of a zoning
scheme within the operation of which the land in question is situated, and which is not a land use zone permitting specifically transport uses or ancillary uses; . . . . 25
· '(j)_ "transport uses" means the use of land, a building or a structure for the operation of a public service for the transportation of
, goods (including liquids and gases) or passengers, as the case may be, by rail, air, road, sea or pipeline, including the use of such land, building or structure as a harbour, communication network, 30 warehouse, container park, workshop, office or for the purposes of security services connected with the aforegoing;
4 No.·16698 GOVERNMENT GAZETIE, 22 SEPTEMBER 1995
Act No. 43, 1995 LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT SERVICES AMENDMENT ACT,1995
(g) "zoning scheme" means any town planning or zoning-scheme administered by a competent authority relating to the zoning or reservation of land into areas or zones to be used exclusively or mainly for residential, business, industrial, local authority, governmental or any other purposes. 5
(2) As from the effective date, all land owned by the Company and -shown on maps of a competent authority or otherwise described in terms of a zoning scheme- ( a) as land used generally for transport or railway or harbour or
pipeline purposes or related activities, but which is not so shown 10 or described as being part of any other zone, shall be deemed to have been zoned for transport uses in terms of such zoning scheme as of right and without having to obtain the consent of any competent authority;
(b) as being part of any other zone, shall be used in accordance with 15 the uses which are permitted in respect thereof and be deemed to
· have been zoned also for transport uses in terms of such zoning . scheme as of right and without havingto obtain the consent of any ··competent authority.
(3) As from 12 months after the effective date, the land referred to 20 in subsection (2) shall also be deemed to have been zoned for ancillary uses in terms of the zoning scheme in question as of right and without having to obtain the consent of the competent authority in question.
(4) (a) Any competent authority contemplated in subsection (2) shall- 25
(i) with effect from the effective date, be deemed to also have consented in terms of an applicable zoning scheme to existing uses if the existing uses at that date exceed the ambit of uses permit'ted in terms of subsection (2); and
(ii) with effect from 12 months after the effective date, be deemed 30 to also have consented in terms of an applicable zoning scheme to existing uses if the existing uses at that date exceed the ambit of uses permitted in terms of subsections (2) and (3). · ·
(b) The onus of proving existing uses shall be on the Company. (c) The competent authority in question shall classify any proven 35
existing uses in terins of the land use zones provided for in terms of the applicable zoning scheme and the classification shall be deemed to be a zoning of the land for all purposes. . . . · (d) In addition to any such existing uses, any use which is not an existing use but which falls within the scope of uses permitted in 40 relation to the relevant land use w~e into which the existing use has been classified, shall also be permitted in relation to the land in question without,'further consentbeing required: Provided that any major expansion of an existing use in respect of the extent of the floor area .or of the: intensity of the existing use shall require the prior 45 consent of the competent authority in question. · (5) (a) Subsections (2), (3) imd(4)shallnot apply to land owned by
the Company in respect of which a local authority was, in terms of section 13(3) as it applied prior to the date of the commencement of
, the Legal Succession to the South African Transport ServiCes 50 Amendment Act, 1995, obliged to record a suitable zoning, and such local authority ·shall, to the extent that such recording was not yet effected as at that date, remain so obliged. ·
6 No. 16698 GOVERNMENT GAZETTE, 22 SEPTEMBER 1995
Act No: 43, 1995 LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT SERVICES AMENDMENT ACT,1995
(b) Any recording effected pursuant to the said section 13(3) or paragraph (a)· shall be deemed to be a zoning of such land for all purposes. (6) (a) Any other agreement reached between the Company and a competent authority, whether before or after the effective date, in 5 terms of which such competent authority undertook or undertakes to amend its zoning scheme in respect of land owned by the Company so asto--
(i) ·permit transport uses or ancillary uses, or both; or (ii) provide for the basis upon which land owned by the Company 10
· may be used for any purpose other than that permitted in terms of a zoning scheme in force, whether with the consent of such competent authority or through rezoning,
shall prevail over the provisions of subsections (2), (3) and (4), and such agreement shall apply in respect of such land. 15 · (b) If an agreement cannot be reached either party may refer the
matter to the Executive Council of the relevant Provincial Govern- ment for determination and the determination shall be deemed to be an agreement contemplated in paragraph (a) . · . (7) (a) As from the effective .date, apart from a change of use by 20
consent or by rezoning, any proposed change of use of land owned by the Company to a use other than a transport use or an ancillary use, which is a significant departure from the ctment use; shall be effected in accordance with such additional procedures as may be prescribed by the Minister in the Gazette: Provided that, in the event of the 25 Company and a competent authority having agreed as contemplated in subsection ( 6) to specific procedures, the change shall be effected in accordance with such procedures. · · ·' (b) The Minister may by notice in the Gazette prescribe guidelines as to when a change of use is a significant departure from a current use.". 30
Amendment of section 31 of Act 9 of 1989, as amended by section 22 of Act 52 of 1991 and section 7 of Act 47 of 1992
2. Section 31 of the principalAct is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph: · -" (a)' the reference in sections 13(7), 18(1) and 19(1) to the Minister shall be 35
interpreted as a reference to the Minister of Transport;".
Short title
· · 3.This Act shall be called the Legal Succession to the South African Transport Services Amendment Act; 1995. · . . . .