No. 170 of 1993: Regional and Land Affairs Second General Amendment Act, 1993.
To amend the Land Survey Act, 1927, so as to simplify the erection and testing of reference marks; to amend the Deeds Registries Act, 1937, the Mining Titles Registration Act, 1967, the Alienation of Land Act, 1981, and the Sectional Titles Act, 1986, so as to do away with the power of the State to determine the tariffs in respect of transactions between private persons and conveyancers; to amend the Professional and Technical Surveyors' Act, 1984, so as to further regulate the constitution of the South African Council for Professional and Technical Surveyors and of the Education Advisory Committee; and to further regulate the registration of professional and technical surveyors; to provide for the validation of certain general plans and diagrams; and to provide for matters connected therewith.
Amendment of section 26bis of Act 9 of 1927, as substituted by section 5 of Act 26 of 1981 and amended by section 9 of Act 76 of 1990 1.
Section 26bis of the Land Survey Act, 1927, is hereby amended by the deletion of paragraphs (b), (c) and (d) of subsection (1).
Amendment of section 4 of Act 47 of 1937, as amended by section 3 of Act 43 of 1957 2.
Section 4 of the Deeds Registries Act, 1937, is hereby amended by the deletion of subsection (2).
Amendment of section 10 of Act 47 of 1937, as amended by section 5 of Act 43 of 1957, section 5 of Act 43 of 1962, section 4 of Act 87 of 1965, section 4 of Act 3 of 1972, section 2 of Act 92 of 1978, section 5 of Act 27 of 1982, section 3 of Act 62 of 1984 and section 5 of Act 14 of 1993 3.
Substitution of section 15 of Act 47 of 1937 4.
Save as is otherwise provided in any other law, no deed of transfer, mortgage bond or certificate of title or registration of any kind mentioned in this Act shall be attested, executed or registered by a registrar unless it has been prepared by a conveyancer practising within the province within which his registry is situated. Such conveyancer, whether or not he practises at the seat of the registry, may recover the fees and charges to which he may be entitled in accordance with any regulation made under section ten.
Amendment of section 6 of Act 16 of 1967 5.
Section 6 of the Mining Titles Registration Act, 1967, is hereby amended by the deletion of subsection (3).
Amendment of section 10 of Act 16 of 1967, as amended by section 2 of Act 14 of 1991 6.
"(b) after consultation with the Minister of Finance, prescribing the matters in respect of which fees, excluding the fees and charges of conveyancers and notaries public, shall be payable and the tariff of such fees; and".
Amendment of section 3 of Act 40 of 1984, as amended by section 2 of Act 37 of 1986 and section 3 of Act 34 of 1993 9.
"(3) When any nomination in terms of subsection (2) (a), (b), (c), (d), (e), (f), (h), (i), (iA) or (j) becomes necessary, the body concerned shall at the request of the Director-General furnish the. nomination or nominations required for appointment to the council, within a period of 60 days from the date of such request, failing which the Minister may appoint to be a member or members l of the council in terms of that subsection any suitable person or persons in the place of the person or persons he would have appointed if the said body had not so failed to nominate a person or persons.".
Amendment of section 4 of Act 40 of 1984, as amended by section 4 of Act 34 of 1993 10.
in terms of section 3(2)(j), or as an alternate to any such member in terms of section 3(4), unless he is a professional surveyor or, in the case of a person nominated by the body mentioned in section 3(2) (i) or (iA), a professional or technical surveyor.
if he was appointed in terms of section 3(2)(g) or (k) and the Minister terminates his appointment.
Amendment of section 12 of Act 40 of 1984, as amended by section 8 of Act 34 of 1993 11.
and (eA) of this section.
Amendment of section 14 of Act 40 of 1984, as amended by section 9 of Act 34 of 1993 12.
Amendment of section 20 of Act 40 of 1984, as substituted by section 11 of Act 34 of 1993 13.
General in the case of a person who applies to be registered as a professional land surveyor, complies with the requirements men tioned in subsection (1), and upon payment of the registration and annual fees, register any such person as a professional surveyor and cause such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
and (f), may within six months after the date of commencement of section 13 of the Regional and Land Affairs Second General Amendment Act, 1993, or such further period as the council may determine, apply to the council to be registered.
The council shall, subject to the provisions of section 24(1), on application in the prescribed form by any person referred to in subsection (2A), and upon payment of the registration and annual fees, register any such person as a professional surveyor and cause such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
Amendment of section 22 of Act 40 of 1984, as amended by section 4 of Act 37 of 1986 and section 13 of Act 34 of 1993 14.
Surveyor-General", wherever it occurs, of the expression "council".
Amendment of section 30 of Act 40 of 1984, as amended by section 19 of Act 34 of 1993 15.
Reciprocal Service of Civil Process Act, 1990 (Act No. 12 of 1990), in accordance with the provisions of that Act.
Amendment of section 15 of Act 95 of 1986, as substituted by section 9 of Act 63 of 1991 16.
Section 15 of the Sectional Titles Act, 1986, is hereby amended by the deletion of subsection (2).
Amendment of section 55 of Act 95 of 1986, as amended by section 23 of Act 63 of 1991, section 10 of Act 7 of 1992 and section 3 of Act 15 of 1993 17.
Section 55 of the Sectional Titles Act, 1986, is hereby amended by the deletion of paragraph (h).
Any general plan or diagram purportedly approved after 13 October 1983 under the Regulations for the Administration and Control of Townships in Black Areas, 1962 (promulgated under Proclamation R.293 of 1962), or any draft general plan or draft diagram purportedly approved under section 8(1) or 11 of the Regulations concerning Land Tenure in Towns, 1988 (promulgated under Proclamation R.29 of 1988), by a land surveyor on behalf of the Minister or the Director-General of the former Department of Development Aid, and which is invalid by reason of the absence of the approval of the said Minister or Director-General, is hereby validated with effect from the date on which such general plan, diagram, draft general plan or draft diagram was approved by the land surveyor.
Notwithstanding the provisions of section 3(5) of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), the term of office of the members of the South African Council for Professional and Technical Surveyors appointed under section 3(2)(iA) of the said Act immediately after the commencement of the Regional and Land Affairs Second General Amendment Act, 1993, shall terminate on 10 September 1995.
This Act shall be called the Regional and Land Affairs Second General Amendment Act, 1993.