Cape Town Foreshore Amendment Act 70 of 1978

Cape Town Foreshore Amendment Act, 1978 (No. 70 of 1978)

GENERAL EXPLANATORY NOTE:
[ ]  Words. in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with· solid line indicate insertions in existing enactments.

Act

• to amend the Cape Town Foreshore Act, 1950, so as to provide:
  • that on the abolition of the Cape Town Foreshore Board its powers, duties, assets and rights shall vest in and its liabilities and obligations shall devolve upon the State;
  • that after the abolition of the said Board certain amounts may be paid to the City Council of Cape Town; 
  • for the lapse of the validity of certain provisions of the said Act;
  • that for the purposes of sections 15 and 15bis of the said Act "board" shall include the State; and
• for incidental matters.

(Afrikaans text signed by the State President.)
(Assented to 19 May 1978.)

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 1 of Act 26 of 1950.

1. Section 1 of the Cape Town Foreshore Act, 1950 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the definition of "Minister" of the following definition:

" 'Minister' means the Minister of [Lands] Agriculture;''.

Amendment of section 19 of  Act 26 of 1950.

2. Section 19 of the principal Act is hereby amended-

(a) by the substitution for subsection (2) of the following subsection:

"(2) Subject to the provisions of section 19ter, as from the date specified in any proclamation issued under subsection (1), all the powers, duties, assets and rights of the board shall vest in the [Minister] State and all the liabilities and obligations of the board Shall devolve upon the [Minister] State, and any reference in any document to the board Shaii be deemed to be a reference to the [Minister] State.";

(b) by the insertion after subsection (2) of the following subsection:

"(2A) (a) Land vesting in the State under subsection (2), shall be State land to wh1c t e provisions of the State Land Disposal Act, 1961 (Act No. 48 of 1961), shall apply.

(b) Land which before the date referred to in subsection (2) has been-

(i) sold, exchanged or donated by the board but in respect of which title has 'not yet been given on that date; or

(ii) leased by the board,

shall be deemed to have been sold, exchanged, donated or leased under the provisions of the State Land Disposal Act, 1961.

(c) The Minister may, from time to time out of the proceeds of the sale of land referred to in paragraph (a) or (b) (i), pay to the council such amounts as the Minister in each case may determine with the concurrence of the Minister of Finance.''.

Insertion of section 19ter in Act 26 of 1950.

3. The following section is hereby inserted in the principal Act after section 19bis:

"Lapse of validity of certain provisions.

19ter. (1) Sections 10 (1) and (3), 11, 12, 13, 14 and 16 shall cease to be of force and effect as from a date to be fixed by the State President by proclamation in the Gazette.

(2) Different dates may be fixed in terms of subsection (1) in respect of different sections referred to in that subsection.".

Extension of meaning of "board".

4. For the purposes of sections 15 and 15bis of the principal Act "board" shall include the State.

Short title.

S. This Act shall be called the Cape Town Foreshore Amendment Act, 1978.

Commencement

2 June 1978