Abolition of Development Bodies Amendment Act 81 of 1990

Abolition of Development Bodies Amendment Act, 1990 (No. 81 of 1990)

GENERAL EXPLANATORY NOTE:
__ Words underlined with solid line indicate insertions in existing enactments.

Act

• to amend the Abolition of Development Bodies Act, 1986, so as
• to provide for the establishment of further local areas; and
• to further regulate the transfer of assets, liabilities, rights, duties and obligations; and
• to provide for matters Incidental thereto.

(Afrikaans text signed by the State President.)
(Assented to 21 June 1990.)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

Amendment of section 2 of Act 75 of 1986, as amended by section 1 of Act 47 of 1988

1. Section 2 of the Abolition of Development Bodies Act, 1986, is hereby amended by the substitution for subsection (5) of the following subsection:

"(5) (a) Notwithstanding the abolition of a development body referred to in paragraph (c) of the definition of 'development body' in section 1 any local area referred to in section 8 (1) (g) of the Divisional Councils Ordinance, 1976 (Ordinance No. 18 of 1976), of the Cape of Good Hope, or a management committee established under section 2 of the Local Authorities (Development according to Community) Ordinance, 1963 (Ordinance No. 6 of 1963), of the Cape of Good Hope, which immediately prior to such abolition is situated or existed in the area of the development body concerned, shall remain in existence and the Administrator may, after compliance with the provisions of section 8 of the first-mentioned Ordinance, exercise the powers granted by subsection (1) (g) of that section in respect of any part of a region as contemplated in the Regional Services Councils Act, 1985 (Act No. 109 of 1985 , situated outside a munici al area, as if such development body has not been abolished.

(b) The administration of each area which in terms of paragraph (a) is declared a local area is hereby assigned as from the date of such declaration to the respective Ministers responsible for local government affairs in the Ministers' Councils of the House of Assembly, the House of Representatives and the House of Delegates, depending on the population group for which the local area concerned is deemed to have been declared in terms of the Declaration of Local Government Areas Ordinance, 1986 (Ordinance No. 18 of 1986), of the Cape of Good Hope.".

Amendment of section 3 of Act 75 of 1986, as amended by section 2 of Act 47 of 1988

2. Section 3 of the Abolition of Development Bodies Act, 1986, is hereby amended by the addition to subsection (2) of the following paragraph:

"(c) (1) Any transfer made in terms of paragraph (a) or passage referred to in paragraph (b), may, subject to such conditins as the Minister may dtermine, which may include the payment of compnesation, be withdrawn or amended by notice in the Gazette.

(ii) In the case of a withdrawal in terms of paragraph (i) the Minister may, subject to such conditions as he may determine, by like notice transfer the assets, liabilities, rights, duties and obligations concerned to the public authority or public authorities as he may deem fit, with effect from a date mentioned in the notice.".

Short title

3. This Act shall be called the Abolition of Development Bodies Amendment Act, 1990.

Commencement

4 July 1990