25 of 1980	Townships Amendment Ordinance, 1980
18 of 1981	Townships Amendment Ordinance, 1981
14 of 1983	Townships Second Amendment Ordinance, 1983
22 of 1983	Townships Amendment Ordinance, 1983

## SCHEDULE II

#### Section 35ter of Ordinance 33 of 1934

35ter. (1) In respect of every provision which is or has been prescribed by the Administrator after the commencement of the Townships Amendment Ordinance, 1969 (Ordinance 25 of 1969), in terms of section 35bis for a local authority’s scheme in the course of preparation or awaiting approval, there shall, subject to the provisions of subsections (8), (9) and (10)—

(a) be an enhancement levy due to such local authority by the owner of any land of which the value is or has increased in consequence of such provision being or having been so prescribed, and

(b) be compensation due by such local authority to the owner of any land of which the value is or has decreased in consequence of such provision being or having been so prescribed.

(2) An enhancement levy contemplated by subsection (1) (a) shall be an amount equal to fifty per cent of the estimated difference. (3) The compensation contemplated by subsection (1) (b) shall be an amount equal to the whole of the estimated difference. (4) (a) The estimated difference may be determined by agreement between the local authority and the owner and every such agreement shall—

(i) be submitted to the Administrator together with a report by the local authority as to the reasons, facts and circumstances which led it and the owner to determine the estimated difference in the amount agreed upon, and

(ii) be subject to the approval of the Administrator.

(b) The Administrator may, after consideration of the report contemplated by paragraph (a) and if he is, after consultation with the local authority and the owner, of opinion that the amount agreed upon between them is not a true reflection of the estimated difference, direct that, unless a further agreement as contemplated by paragraph (a) is reached by the local authority and the owner within a period of three months from the date of such direction and is approved by him, the estimated difference shall be determined by the valuation court constituted under Chapter II of the Valuation Ordinance, 1944 (Ordinance 26 of 1944), which has jurisdiction in terms of the said ordinance in the area where the land concerned is situate, and the provisions of the said Chapter (other than sections 17, 19 and 21 (4)) and of sections 81 and 82 (2) of the said ordinance shall mutatis mutandis apply in respect of such court and its powers, functions and duties. (c) If, after the expiration of the period contemplated by paragraph (b) no such agreement has been reached, the local authority shall in writing notify the valuation court concerned of that fact and such court shall thereupon fix a time when and place where it will sit to determine the estimated difference and shall give not less than twenty-one days written notice to the Administrator, the local authority and the owner of the time and place so fixed. (d) The valuation court shall, at the time and place fixed in terms of paragraph (c), receive and consider such evidence as the Administrator, the local authority and the owner may tender, either personally or through a representative, and shall thereafter determine the estimated difference. (e) The amount determined in terms of paragraph (d) shall be final and binding upon the local authority and the owner and shall for all purposes be deemed to be the amount agreed upon