Church Square, Pretoria, Development Amendment Act 65 of 1978

Church Square, Pretoria, Development Amendment Act, 1978 (No. 65 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 Church Square, Pretoria, Development Act, 1972, so as:
  • to provide for a change in the constitution of the committee;
  • the appointment of an alternate chairman of the committee;
  • the quorum for a meeting of the committee; and
  • the delegation by the Minister of his powers;
  • to validate certain acts purporting to have been done in terms of that Act; and
• to provide for matters incidental thereto.

(English text signed by the Stcite President.)
(Assented to 2 May I 978.) 

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

Amendment of section 1 of Act 53 of 1972.

1. Section 1 of the Church Square, Pretoria,. Development Act, 1972 (hereinafter referred to as the principal Act), is hereby amended by the insertion after the definition of "City Council" of the following definition: 

"'committee' means the committee referred to in section 2A;".

Amendment of section 2 of Act 53 of 1972.

2. Section 2 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) The Minister may withhold or grant his approval referred to in subsection (1) only after he has obtained and considered the written advice of the City Council and after he has consulted [a] the committee: [appointed by the Minister, consisting of an officer in the Department of Public Works who shall act as chairman, a representative of the Capital Planning Committee, the Town Clerk of Pretoria, the Director of Architectural Services in the Department of Public Works, the Director of Buildings in the Department of Posts and Telegraphs, the Director of Works in the Transvaal Provincial Administration, the Director of Cultural Affairs in the Department of National Education, an officer in the Department of Planning and two practising architects in Pretoria nominated by the South African Council for Architects:]
Provided that the Minister may act without such advice having been obtained from the City Council if it is not submitted to him within ninety days after the City Council was asked therefor.''. 

Insertion of sections 2A and 2B in Act 53 of 1972.

3. The following sections are hereby inserted in the principal Act after section 2:

"Committee.

2A. (1) (a) The Minister shall a oint a committee consisting of-

(i) an officer in the Department of Public Works who shall act as chairman;

(ii) the Town Clerk of Pretoria;
(iii) the Director of Architectural Services in the Department of Public Works;
(iv) the Director of Buildings in the Department of Posts and Telecommunications;
(v) the Director of Works in the Transvaal Provincial Administration;
(vi) the Director of Cultural Affairs in the Department of National Education;
(vii) an officer in the Department of Planning and the Environment;
(viii) two practising architects in Pretoria appointed by the Minister after having been nominated by the South African Council for Architects; and
(ix) two persons appointed by the Minister on account of their professional knowledge of the development of the piece of land and area referred to in section 2 (1).

(b) The period of office of the persons referred to in subparagraphs (viii) and (ix) of paragraph (a) shall be determined by the Minister at the time of appointment.

(2) The majority of the members of the committee shall constitute a quorum for a meeting of the committee.

(3) The Minister shall appoint an officer in the Department of Public Works as alternate member to attend on behalf of the chairman of the committee any meeting of the committee which the chairman is unable to attend, and such alternate member shall, at any meeting of the committee which he so attends, have all the powers and perform all the functions of the chairman of the committee.

Delegation of powers by Minister.

2B. (1) The Minister may to such extent as he may deem fit, delegate a power referred to in subsections (1) and (2) of section 2 to the chairman of the committee.

(2) The provisions of section 2, except the provision relating to the consultation with the committee, shall mutatis mutandis apply in respect of the exercise of any power delegated under this section.

(3) The Minister may at any time withdraw a delegation under subsection (1), and no delegation of  a power shall prohibit the exercise of that power by the Minister.''.

Validation.

4. (1) The delegation of any power by- the Minister before the commencement of the Church Square, Pretoria, Development Amendment Act, 1978, purporting to have been made in terms of  the principal Act and which could have been made in terms of the principal Act as amended by the said Amendment Act, is hereby validated.

(2) The withholding or granting by the Minister of his approval, in terms of section 2 (1) of the principal Act, in respect of any matter shall not be invalid merely by reason of the fact that the Capital Planning Committee no longer existed when the Minister consulted the committee, referred to in section 2 (4) of the principal Act as it existed before the amendment thereof by this Act, in relation to such matter.

Short title.

5. This Act shall be called the Church Square, Pretoria, Development Amendment Act, 1978.

Commencement

17 May 1978