Cape Town Foreshore Amendment Act 1 of 1963

Cape Town Foreshore Amendment Act, 1963 (No. 1 of 1963)

Act

to amend the Cape Town Foreshore Act, 1950.

(Afrikaans text signed by the State President.)
(Assented to 16th February, 1963)

Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Amendment of section 11bis of Act 26 of 1950, as inserted by section 1 of Act 41 of 1957.

1. Section eleven bis of the Cape Town Foreshore Act, 1950 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the words "eleven ter and fifteen" of the words "eleven ter, fifteen and fifteen bis".

Insertion of section 15bis in Act 26 of 1950.

2. The following section is hereby inserted in the principal Act after section fifteen:

"Levying of rates by the Divisional Council of the Cape.

15bis. (1) Subject to the provisions of sub-sections (2) and (3), any land or property forming part of the foreshore, which -

(a) has been transferred by the board to any other person; or

(b) is let by the board under a lease registered in the Deeds Office at Cape Town, shall be ratable by the Divisional Council of the Cape on the basis on which, and subject to the provisions of the laws under which rates are levied by it on the value of immovable property in the area of jurisdiction of the council, as if the foreshore forms part of that area and its own area of jurisdiction: Provided that rates levied in terms of this sub-section on any such land or property so let, shall be payable by the person who according to the relevant lease, is the lessee thereof.

(2) No rates shall be levied in terms of sub-section (1) in respect of any period before-

(a) in the case of land or property referred to in paragraph (a) of that sub-section, the first day of January, 1964, or, where the land or property concerned is so transferred after that date, the date of the transfer;

(b) in the case of land or property referred to in paragraph (b) of that sub-section, a date to be determined by the Minister in each case.

(3) In respect of the year in which any land or property becomes ratable in terms of this section, there shall be payable on the land or property concerned such portion of the rates for that year as is represented by the proportion which the unexpired portion of the year, as from the date on which that land or property becomes so ratable, bears to the whole year.".

Short title.

3. This Act shall be called the Cape Town Foreshore Amendment Act, 1963.

Commencement

20 February 1963