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Mountain Catchment Areas Amendment Act, 1976 (No. 41 of 1976)
Act
- to amend the Mountain Catchment Areas Act, 1970, so as:
- to make provision for the erection of beacons for purposes of the definition of mountain catchment areas;
- to provide for a right of entry on, and way over, land for certain persons for certain purposes;
- extend the power of the Minister to make regulations;
- further regulate the delegation of powers by the Minister and the Secretary, respectively; and
- to provide for incidental matters.
(English text signed by the State President.)
(Assented to 19 March 1976.)
Be it enacted by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:-
Insertion or section 2A in Act 63 or 1970.
1. The following section is hereby inserted after section 2 of the Mountain Catchment Areas Act, 1970 (hereinafter referred to as the principal Act):
"Beacons.
2A. (1) The Secretary may, for the purposes of the definition of any area by the Minister under section 2, cause beacons to be erected on the land concerned at ·places designated by the Minister.
(2) A certificate purporting to be signed by the Secretary, in which it is stated that a beacon which has been erected under subsection (1) complies with the regulations and has been erected at a place designated by the Minister, shall on its mere production in any civil . or criminal proceedings be prima facie proof that such beacon complies with the regulations and has been erected at a place so designated.".
Amendment of section 11 of Act 63 or 1970.
2. Section 11 of the principal Act is hereby amended by the addition of the following subsection:
"(3) Any person duly authorized thereto by the Secretary may enter upon any land at all reasonable times, subject to prior notification of the landowner, occupier or manager concerned, and shall for that purpose have right of way over any other land, with such equipment and number of assistants as are required for the performance on that land of any act connected with-
(a) the exercise by the Minister of any power conferred on him in terms of section 2 or 2A;
(b) the exercise by the Secretary of any power conferred on him in terms of section 2A; and
(c) the construction, erection, marking, maintenance and repair of any beacon referred to in section 2A (1).".
Amendment of section 13 of Act 63 or 1970.
3. Section 13 of the principal Act is hereby amended by the insertion in subsection (1) after paragraph (c) of the following paragraph:
"(cA) the form and dimensions of beacons referred to in section 2A (1), and the manner of their construction, erection, marking for identification, maintenance and repair;".
Amendment of section 14 of Act 63 or 1970.
4. Section 14 of the principal Act is hereby amended-
(a) by the deletion of the word "or" at the end of paragraph (d); and
(b) by the addition of the following paragraph:
"(f) alters, moves, disturbs or wilfully damages or destroys any beacon erected under section 2A (1),''.
Substitution of section 17 of Act 63 or 1970.
5. The following section is hereby substituted for section 17 of the principal Act:
"Delegation of powers.
17. The Minister or the Secretary, as the case may be, may delegate to any officer in any department of State all or any of the powers conferred upon him by this Act, other than the powers referred to in sections 2, 2A and 13.".
Short title.
6. This Act shall be called the Mountain Catchment Areas Amendment Act, 1976.
Commencement
7 April 1976
