Coal Act Repeal Act 124 of 1991

Coal Act Repeal Act, 1991 (No. 124 of 1991)

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

Act

• to repeal the Coal Act, 1983;
• to provide for the payment of levies and fines due at the repeal of the Act, and for the disposal of moneys not yet utilized;
• to amend the Central Energy Fund Act, 1977, so as to delete references therein to the first-mentioned Act; and
• to provide for matters connected therewith.

(Afrikaans text signed by the State President.)
(Assented to 27 June 1991.)

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

Repeal of laws

1. Subject to the provisions of section2 the Coal Act, 1983 (Act No. 32 of 1983), (hereinafter referred to as the repealed Act), the Coal Amendment Act, 1985 (Act No. 14 of 1985), and the Coal Amendment Act, 1987 (Act No. 70 of 1987), are hereby repealed.

Collection and disposal of moneys

2. (1) The amount ofa~y levy imposed und~r section 8(1) (a) ofthe repealed Act in respect of calendar years which expired before or on 31 December 1989, and which on the date of commencement of this Act has not been paid by a colliery in terms of section 8(2)(a) of the repealed Act, as well as any fine payable in terms ofsection8(2)(b) of the latter Act, shall from the said date be paid by such colliery to the Director-General: Mineral and Energy Affairs. 

(2) Moneys paid to the Central Energy Fund in terms of section 8(2) of the repealed Act and which at the commencement of this Act have not yet been utilized in terms of section 9(1) of the repealed Act, and moneys invested in terms of section 1(2)(c) of the Central Energy Fund Act, 1977 (Act No. 38 of 1977), shall, at the commencement of this Act, vest in the Director-General: Mineral and Energy Affairs. 

(3) The Director-General: Mineral and Energy Affairs shall pay into the State Revenue Fund all moneys received in terms of subsections (1) and (2) which are not to be utilized for .the payment of expenses incurred in terms of section 9 of the repealed Act.

Amendment of section 1 of Act 38 of 1977, as substituted by section 1 of Act 46 of 1985 and amended by section 7 of Act 70 of 1987 and section 1 of Act 55 of 1988

3. Section 1 of the Central Energy Fund Act, 1977, is hereby amended-

(a) by the addition of the word "or" at the end of subparagraph (i) of paragraph (b) of subsection (1), and by the deletion of subparagraph (ii) of the said paragraph (b);

(b) by the substitution in subsection (2) for the words preceding subparagraph (i) of paragraph (a) of the following words: 

"Moneys paid under subsection (1) into the said Central Energy Fund [excluding moneys referred to in subsection (1)(b)(ii)] shall be utilized in accordance with directions of the Minister of [Economic Affairs and Technology] Mineral and Energy Affairs for the financing or promotion of-"; and

(c) by the deletion of paragraph (c) of subsection (2).

Substitution of expression in Act 38 of 1977

4. The Central Energy Fund Act, 1977, is hereby amended by the substitution for the expression "Economic Affairs and Technology", wherever it occurs, of the expression "Mineral and Energy Affairs".

Short title and commencement

5. This Act shall be called the Coal Act Repeal Act, 1991, and shall be deemed to have come into operation on 31 March 1991.