NATIONAL ROADS ACT NO. 54 OF 1971 [ASSENTED TO 3 JUNE, 1971][DATE OF COMMENCEMENT: 1 OCTOBER, 1971] (English text signed by the State President) as amended by General Law Amendment Act, No. 62 of 1973 National Roads Amendment Act, No. 26 of 1974 Expropriation Act, No. 63 of 1975 Finance Act, No. 72 of 1975 Finance Act, No. 102 of 1976 National Roads Amendment Act, No. 38 of 1978 National Roads Amendment Act, No. 3 of 1979 National Roads Amendment Act, No. 66 of 1980 National Roads Amendment Act, No. 93 of 1981 National Roads Amendment Act, No. 5 of 1982 National Roads Amendment Act, No. 10 of 1983 Second National Roads Amendment Act, No. 79 of 1983 National Roads Amendment Act, No. 58 of 1985 Transfer of Powers and Duties of the State President Act, No. 97 of 1986 Transnet Limited Amendment Act, No. 52 of 1991 Abolition of Racially Based Land Measures Act, No. 108 of 1991 National Roads Amendment Act, No. 100 of 1992 National Roads General Amendment Act, No. 27 of 1994 National Roads Amendment Act, No. 24 of 1996 GENERAL NOTE With regard to the declaration of certain roads as toll roads, refer s. 3 of Act No. 27 of 1994. ACT To provide for the construction and control of national roads; to repeal or amend certain laws; and to provide for incidental matters. 1. Definitions.—In this Act, unless inconsistent with the context— “Administrator” . . . . . . [Definition of “Administrator” substituted by s. 1 (a) of Act No. 100 of 1992 and deleted by s. 1 (a) of Act No. 24 of 1996.] “advertisement” means a visible representation of a word, name, or abbreviation of a word or name, or such a representation of a letter, figure, object, sign or symbol, or a light not intended solely for illumination or as a warning against danger, but does not include a road traffic sign; “Board” means the South African Roads Board established by section 2 of the South African Roads Board Act, 1988 (Act No. 74 of 1988); [Definition of “Board” inserted by s. 1 (c) of Act No. 100 of 1992.] “building restriction area” means the area consisting of land (excluding land in an urban area)— (a)situated alongside a national road within a distance of sixty metres from the boundary of the national road; or (b)situated within a distance of five hundred metres from any point of intersection; [Definition of “building restriction area” substituted by s. 1 (b) of Act No. 100 of 1992.] “commission” . . . . . . [Definition of “commission” deleted by s. 1 (d) of Act No. 100 of 1992.] “construct”, in relation to a road, includes reconstruct, widen, divert, alter, repair and maintain, and “construction” has a corresponding meaning; “fund” means the National Road Fund referred to in section 2; “interprovincial bridge” means a bridge across the boundary between adjoining provinces of the Republic; [Definition of “interprovincial bridge” inserted by s. 1 (e) of Act No. 100 of 1992.] “interstate bridge” means a bridge across the boundary between the Republic and any adjoining country or territory; [Definition of “interstate bridge” inserted by s. 1 (e) of Act No. 100 of 1992.] “junction” . . . . . . [Definition of “junction” deleted by s. 1 ( f ) of Act No. 100 of 1992.] “land” includes a real right in or over land; “local authority” means a local government body contemplated in section 1 (1) of the Local Government Transition Act, 1993 (Act No. 209 of 1993); [Definition of “local authority” substituted by s. 1 (g) of Act No. 100 of 1992 and by s. 1 (b) of Act No. 24 of 1996.] “Minister” means the Minister of Transport; “national road” means a road or route declared a national road under section 4 (1) (a), and includes a toll road as defined in this Act, as well as a part of such road or route; [Definition of “national road” substituted by s. 1 (c) of Act No. 24 of 1996.] “officer”, in relation to the Board, means an officer or employee designated in terms of section 16 (2) of the South African Roads Board Act, 1988 (Act No. 74 of 1988), to undertake the executive and administrative work arising out of the performance by the Board of its functions and duties; [Definition of “officer” substituted by s. 1 (h) of Act No. 100 of 1992.] “owner”, in relation to land, means the person in whose name the land is registered, or his legal representative; “point of intersection” means the point of contact between the centre line— (a)of the national road in question and the centre line of any road crossing such national road; or (b)of any road and the boundary of any national road with which it links up; [Definition of “point of intersection” substituted by s. 1 (i) of Act No. 100 of 1992.] “Premier” means the premier of a province, or a member of the Executive Council designated by the premier concerned for the purposes of the administration of this Act; [Definition of “Premier” inserted by s. 1 (d) of Act No. 24 of 1996.] “province” means a province established by section 124 (1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993); [Definition of “province” inserted by s. 1 (d) of Act No. 24 of 1996.] “public road” means a road which the public has the right to use; “regulation” means a regulation made under section 20; [Definition of “regulation” substituted by s. 1 (e) of Act No. 24 of 1996.] “road” means a public road and includes, in addition to the roadway— (a)the land of which the road consists or over which the road reserve in question extends; (b)anything on that land forming part of, or connected with, or belonging to the road; (c)land acquired for the construction of a connection between a national road and another road; “road traffic law” means a law relating to traffic on, or the use of, public roads; [Definition of “road traffic law” substituted by s. 1 ( j) of Act No. 100 of 1992.] “road traffic sign” means a sign, signal, mark, figure, letter, writing or other device prescribed under section 19 or by or under a road traffic law in respect of any road, and which may be displayed in order to prohibit, limit, regulate or otherwise control traffic in general or a particular class of traffic on, or the use of, such road, or to convey information to users of such road; “this Act” includes the regulations; [Definition of “this Act” inserted by s. 1 (k) of Act No. 100 of 1992.] “toll gate” means a structure on a toll road where toll is payable under this Act or any electrical or mechanical device on a toll road for recording the liability to pay toll, or any combination of such structure and such device; [Definition of “toll gate” inserted by s. 1 (l) of Act No. 100 of 1992 and substituted by s. 1 (f) of Act No. 24 of 1996.] “toll road” means a national road or a portion thereof which has been declared a toll road under subsection (1) (a) of section 9 and of which notice has been given in terms of subsection (2) of that section in the Gazette; [Definition of “toll road” inserted by s. 1 of Act No. 79 of 1983 and substituted by s. 1 (m) of Act No. 100 of 1992.] “township” means an area divided into erven or plots, with or without public open spaces, and into streets bounded by such erven, plots or spaces and— (a)established or recognized as a township under any law; or (b)recognized by the Board as a township for the purposes of this Act, in so far as it is so recognized; “urban area” means the area comprised in— (a)a township referred to in paragraph (a) of the definition of “township” but excluding land in that area— (i)which is commonage land; or (ii)which is used, or intended to be used, mainly for farming or horticulture or the keeping of animals; or (iii)which consists of any other open space which has not been developed or reserved for public purposes; or [Para. (a) substituted by s. 1 of Act No. 5 of 1982.] (b)a township referred to in paragraph (b) of that definition, provided the Board has by notice in the Gazette declared that area to be an urban area for the purposes of this Act. 1A. Application of Act.—This Act shall apply throughout the Republic to all national roads declared as such under section 4 (1), including inter-provincial bridges on such roads, as well as all interstate bridges whether such bridges are part of a national road or not. [S. 1A inserted by s. 2 of Act No. 24 of 1996.] 2. National Road Fund.—(1) The National Road Fund shall continue to exist, notwithstanding the provisions of section 29 (1), and into it shall be paid— (a). . . . . . [Para. (a) amended by s. 43 (1) of Act No. 62 of 1973, by s. 7 (1) of Act No. 72 of 1975, by s. 20 (1) of Act No. 102 of 1976, by s. 1 of Act No. 38 of 1978 and by s. 1 of Act No. 3 of 1979 and deleted by s. 1 (a) of Act No. 58 of 1985.] (b)all moneys made available for the fund by Parliament; [Para. (b) substituted by s. 3 (a) of Act No. 24 of 1996.] (b A)all moneys paid, subject to the provisions of section 9 (4A), by way of toll in terms of this Act; [Para. (bA) inserted by s. 2 (a) of Act No. 79 of 1983 and substituted by s. 3 (a) of Act No. 24 of 1996.] (c)interest on invested cash balances belonging to the fund; (d)any other moneys received by the Board in terms or for the purposes of this Act. (1A) (a) The Minister may, with the concurrence of the Minister of Finance and the Minister of Mineral and Energy Affairs, for the benefit of the fund by notice in the Gazette, or by notice in writing served on any person whether personally or by post, impose a levy on every litre of petrol or distillate fuel which is sold or supplied by any person at any point in the Republic for consumption, or imported by any person into the Republic. (b) A notice contemplated in paragraph (a), by the Minister, shall state— (i)the amount of the levy; (ii)the interest payable in the event of the non-payment or the payment in default of the levy; (iii)the times when and the manner in which the levy shall be paid; (iv)the person who shall be liable for the payment thereof; (v)the person who shall be responsible for the collection thereof; (vi)any other provision which the Minister may deem necessary for the efficient administration of the imposition, payment or collection of the levy or the efficient application of this subsection, including provisions regarding the purpose for which distillate fuel or petrol in respect of which the levy has been imposed may be used, or regarding a prohibition on the disclosure of the amount of the levy, where the levy is not imposed by notice in the Gazette, or the proceeds of the levy, to any unauthorized person. (c) The Minister may in a notice exempt any person, in part or in full, from compliance with any provision thereof. (d) The Minister may at any time amend or withdraw any notice. (e) Any person who— (i)fails to comply with any provision of a notice under this subsection, when he is in terms of such provision required to perform, or to abstain from doing, any act; (ii)discloses to any unauthorized person any information in respect of the amount or the proceeds of the levy contrary to any provision of such notice, or so allows the publication of any such information to any unauthorized person, shall be guilty of an offence, and shall, notwithstanding the provisions of section 22, on conviction be liable to a fine not exceeding R2 000 or imprisonment for a period not exceeding two years, or to both such fine and such imprisonment. (f) If any State Department, or any province or other body approved by the Minister, from whom a levy has been collected in terms of this subsection, proves to the satisfaction of the Board that any portion of distillate fuel in respect of which that department, province or other body has paid a levy, has been used to propel any diesel locomotive, the relevant body may claim from the Board a refund thereof from the fund, and the Board shall, if the body has followed the procedure determined by the Board for the lodging of the claim, refund the amount due to the body concerned from the fund. [Para. (f) substituted by s. 3 (b) of Act No. 24 of 1996.] (g) . . . . . . [Para. (g) deleted by s. 3 (c) of Act No. 24 of 1996.] (h) For the purposes of this subsection— “distillate fuel” means diesel fuel, and includes any other substance, or any mixture of diesel fuel and any other substance, which is normally capable of being used as fuel in a compression ignition engine; “petrol” means petrol, and includes any other substance, or any mixture of petrol and any other substance, which is normally capable of being used as fuel in a spark ignition engine; “Republic” . . . . . . [Sub-s. (1A) inserted by s. 1 of Act No. 10 of 1983. Definition of “Republic” deleted by s. 1 (b) of Act No. 58 of 1985.] (2) (a) The Minister may from time to time, out of moneys made available by Parliament for the purpose, grant loans to the Board for the purposes of this Act. (b) The Board shall pay from the fund such interest on a loan so granted, and repay a loan so granted in such instalments and within such period, as the Minister may determine in consultation with the Minister of Finance. (2A) The Board may from time to time with the approval of the Minister, granted in consultation with the Minister of Finance, and on such conditions as the Board may deem fit, raise moneys for the purposes of this Act by way of loan from any source other than a source contemplated in subsection (2). [Sub-s. (2A) inserted by s. 1 of Act No. 93 of 1981.] (3) (a) The Board shall control the fund and shall pay from it, subject to the provisions of section 16 of the South African Roads Board Act, 1988 (Act No. 74 of 1988), all expendi–ture incurred in connection with the exercise or performance of the powers, functions or duties of the Board in terms of this Act or the regulations. [Para. (a) substituted by s. 2 (a) of Act No. 100 of 1992 and by s. 3 (d) of Act No. 24 of 1996.] (b) There shall be paid from the fund into the Consolidated Revenue Fund, at such times as may be determined by the Minister with the concurrence of the Minister of Finance, such amounts as may be determined as recoverable amounts in respect of salaries and allowances paid to members of the Board in terms of section 15 of the South African Roads Board Act, 1988, or in respect of expenditure incurred by the Director- General: Transport in terms of section 16 of the said Act or any other law in connection with the functions of the Board under this Act. [Para. (b) substituted by s. 2 (a) of Act No. 100 of 1992.] (c) . . . . . . [Para. (c) added by s. 1 (c) of Act No. 58 of 1985 and deleted by s. 3 (e) of Act No. 24 of 1996.] (3A) The Board shall keep, subject to the provisions of section 9 (4A), a separate account of all moneys received by way of toll or in any other way in respect of a particular toll road and paid into the fund and interest on investments of such moneys, and shall utilize the moneys in that account for— (a)the recovery of all expenditure incurred from the fund in connection with the acquisition of land, investigations and surveys relating to and the designing, planning and construction of and any other work in connection with the toll road in question, and the erection of any toll gate or toll gates and facilities in connection therewith; (b)the maintenance and operation of that toll road and any such toll gate or toll gates and facilities; and (c)the redemption of any loan taken out by the Board in terms of subsection (2A) in respect of that toll road, including the payment of interest on such loan. [Sub-s. (3A) inserted by s. 2 (b) of Act No. 79 of 1983, substituted by s. 2 (b) of Act No. 100 of 1992 and amended by s. 3 (f) of Act No. 24 of 1996.] (4) The Board may further, at its discretion and subject to such conditions as it may deem fit, from the fund— (a)defray the cost or part of the cost incurred by a province or local authority in connection with a road or other works which in the opinion of the Board have become necessary as a result of the construction of a national road; [Para. (a) substituted by s. 3 (g) of Act No. 24 of 1996.] (b)defray the cost or part of the cost incurred or to be incurred by the National Parks Board of Trustees established under the National Parks Act, 1962 (Act No. 42 of 1962), in connection with the construction, reconstruction, repair or maintenance, in a park as defined in that Act, of any road (whether a public road or not), bridge, pont or ferry or any ford in the line of such road or any other work or object forming part of, or connected with, or belonging to, such road; (c)defray the cost or part of the cost of subsidized transport, or of uniforms or other equipment, supplied to officers of the Board; (d)defray the cost or part of the cost of the compilation, procurement, composition, publication and distribution of any publication or publicity material which, in the opinion of the Board, will promote the objects of this Act; [Para. (d) substituted by s. 3 (h) of Act No. 24 of 1996.] (e)pay an amount to any person for loss, damage or inconvenience which, in the opinion of the Board, he has suffered or will suffer as a result of the exercise or performance of the powers, functions or duties conferred on or entrusted to the Board or any other person in terms of this Act, and for which no compensation is payable in terms of this Act. (5) The Board shall pay from the fund any debt incurred as a charge on the fund before the commencement of this Act. (6) The Board shall annually submit to the Minister for his approval, estimates of expenditure to be defrayed from the fund, and shall make no payment from the fund except in accordance with estimates so approved. (7) The Board may invest moneys in the fund not immediately required by it with the Corporation for Public Deposits established in terms of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or, with the concurrence of the Minister and the Minister of Finance, with any other institution. [Sub-s. (7) substituted by s. 3 (i) of Act No. 24 of 1996.] (8) The Board shall keep proper accounts of all moneys accruing to or paid out of the fund, and such accounts shall be audited by the Auditor-General. [Sub-s. (8) substituted by s. 2 (c) of Act No. 100 of 1992.] (9) (a) When advances or other payments have been made from the fund to a province or a local authority in pursuance of an agreement contemplated in section 6 (2) (b), or section 6 (2) (b) as applied by section 6 (2A) (b), the province or the local authority, as the case may be, shall in respect thereof submit annually to the Board, for inclusion in its own accounts, statements of account, which, in the case of a local authority, shall be audited by the auditor of such local authority and supported by his report and the necessary documentary evidence. [Para. (a) substituted by s. 3 (j) of Act No. 24 of 1996.] (b) For the purposes of an audit in terms of subsection (8), the Auditor-General shall accept the certificate of an auditor referred to in paragraph (a), and the statements of account and documentary evidence in question, but the Auditor-General may, if he thinks fit, comment thereon in his report. [Sub-s. (9) substituted by s. 2 (d) of Act No. 100 of 1992.] 3. Assets acquired from fund.—(1) Movable property acquired by means of payments from the fund before the commencement of this Act and which is under the control of the Board at such commencement, shall vest in the Board except in so far as the Minister may in a particular case direct otherwise. (2) (a) The Minister may in writing designate as land to which the provisions of paragraph (b) shall apply, any land— (i)which was acquired in terms of the provisions of any other law, for the purpose of or in connection with a national road before the commencement of this Act against compensation paid wholly from the fund; or [Sub-para. (i) substituted by s. 4 (a) of Act No. 24 of 1996.] (ii)of which the use was so acquired for that purpose against compensation so paid which in the opinion of the Minister represented the full value of the land for its owner at the time of the acquisition; or (iii)which was acquired after the commencement of this Act against compensation so paid, and which forms part of or was acquired in connection with a road which was constructed or is to be constructed in terms of any such agreement as is contemplated in section 29 (2), and which is a national road or is by virtue of a proclamation under section 4 (1) (b) destined to be declared a national road; or (iv)which was acquired for the purposes of a road by any authority against com–pensation paid wholly by that authority and which was subsequently declared a national road under section 4 (1). [Para. (a) substituted by s. 1 (a) of Act No. 26 of 1974. Sub- para. (iv) added by s. 4 (c) of Act No. 24 of 1996.] (b) The ownership in land so designated shall vest in the Board on a date fixed by the Minister and mentioned in the designation. (c) The Board shall, subject to the provisions of paragraphs (cA) and (cB), cause to be delivered or tendered, or sent by registered post, written information of a designation of land under paragraph (a) to the owner of such land not less than thirty days before the relevant date referred to in paragraph (b). [Para. (c) substituted by s. 1 (a) of Act No. 66 of 1980.] (cA) If the whereabouts of the owner or of every owner of the land in question is not readily ascertainable by the Board, or, if by reason of the number of such owners or for any other reason, it is satisfied that service of any information in accordance with paragraph (c) is not practicable, it shall, instead of or in addition to causing such information to be served in accordance with paragraph (c), cause to be published once in the Gazette and once a week during two consecutive weeks in an English and in an Afrikaans newspaper circulating in the area in which the land in question is situated, the appropriate information. [Para. (cA) inserted by s. 1 (b) of Act No. 66 of 1980.] (cB) If in addition to the service of any information in accordance with the provisions of paragraph (c) such information is published in accordance with paragraph (cA), such service or the latest of such publications, according to which occurs last, shall take place not less than 30 days before the relevant date referred to in paragraph (b), and if such publications take place instead of such service, the latest of such publications shall take place not less than 30 days before the said date. [Para. (cB) inserted by s. 1 (b) of Act No. 66 of 1980.] (d) The provisions of section 31 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall, subject to the provisions of subsection (4), apply in relation to land the ownership in which has vested in the Board in terms of paragraph (b) of this subsection, as if the Board and a written designation referred to in this subsection were an expropriating authority and a notice of expropriation referred to in that section, respectively. [Para. (d) substituted by s. 1 (b) of Act No. 26 of 1974.] (3) (a) If the full amount of the cost incurred in connection with the acquisition of any movable or immovable property was paid from the fund, whether before or after the commencement of this Act— (i)such property shall not, except with the permission of the Board and on such conditions as it may determine, be dealt with or disposed of in any manner, or be used for any purpose other than that for which it was acquired; (ii)such property shall, if the Board so directs and on such conditions as it may determine, be made available for use by any person or authority for such purposes as the Board may determine, or be otherwise dealt with or disposed of; (iii)money obtained in connection with any use, dealing with or disposal so permitted or directed by the Board, shall be paid into the fund. (b) If part of the cost incurred in connection with the acquisition of movable or immovable property has been paid from the fund, whether before or after the commencement of this Act, a pro rata share of any money obtained for the use or from the disposal of such property shall be paid into the fund. (4) The transfer to the Board, by virtue of a provision of this Act, of all the land held by the State under any one title deed, may, on application by the Board to the officer in charge of the relevant deeds registry, be effected by that officer by means of an endorsement on that title deed. [Sub-s. (4) added by s. 1 (c) of Act No. 26 of 1974.] (5) No transfer duty, stamp duty, office fee or registration fee shall be payable by the Board in connection with the acquisition of land by or the transfer of land to it in terms of a provision of this Act, or the transfer by it of land disposed of by it in terms of such a provision. [Sub-s. (5) added by s. 1 (c) of Act No. 26 of 1974.] 4. Declaration of national road.—(1) The Minister may by notice in the Gazette— (a)declare any existing road or any route, the boundaries of which have been fixed by survey, to be a national road; (b). . . . . . (c)amend or repeal a notice issued under paragraph (a). [Sub-s. (1) amended by ss. 46 and 47 of Act No. 97 of 1986 and substituted by s. 5 (a) of Act No. 24 of 1996.] (2) (a) A notice under subsection (1) shall only be issued on the recommendation of the Board and with the concurrence of the Premier of each province in which the road in question is situated, in the case where an existing road is to be declared a national road, and after consultation with the relevant Premier if any route is to be so declared. (b) If the concurrence referred to in paragraph (a) cannot be obtained, the matter may in terms of section 98 (2) (g) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), be referred to the Constitutional Court for its decision, unless the Minister and the Premier concerned mutually agree to settle the dispute in another way. [Sub-s. (2) amended by s. 47 of Act No. 97 of 1986 and substituted by s. 34 of Act No. 108 of 1991, by s. 3 of Act No. 100 of 1992 and by s. 5 (a) of Act No. 24 of 1996.] (3) . . . . . . [Sub-s. (3) amended by s. 47 of Act No. 97 of 1986 and by s. 33 of Act No. 52 of 1991 and deleted by s. 5 (b) of Act No. 24 of 1996.] (4) . . . . . . [Sub-s. (4) amended by ss. 46 and 47 of Act No. 97 of 1986 and deleted by s. 5 (b) of Act No. 24 of 1996.] (5) . . . . . . [Sub-s. (5) amended by ss. 46 and 47 of Act No. 97 of 1986 and deleted by s. 5 (b) of Act No. 24 of 1996.] 5. General powers, functions and duties of Board for purposes of this Act.—(1) The Board shall have power— (a)to purchase, hire or otherwise acquire, or to hold, or to sell, exchange, let or with the approval of the Minister donate, or otherwise to dispose of or deal with, movable or immovable property for the purposes of this Act, including office accommodation for the Board or its officers for such purposes; (a A). . . . . . [Para. (aA) inserted by s. 2 of Act No. 66 of 1980 and deleted by s. 4 (a) of Act No. 100 of 1992.] (b)to conduct on, or below the surface of, or in connection with, any land, any survey or investigation which the Board deems desirable in connection with a national road, or the designing, planning or construction of with a view to the declaration of an existing road or any route as a national road; [Para. (b) substituted by s. 4 (b) of Act No. 100 of 1992 and by s. 6 (a) of Act No. 24 of 1996.] (c)to plan, design or construct any national road; [Para. (c) substituted by s. 4 (b) of Act No. 100 of 1992. and by s. 6 (a) of Act No. 24 of 1996.] (c A)to provide, establish, erect and maintain facilities on national roads for the convenience and safety of road users; [Para. (cA) inserted by s. 4 (c) of Act No. 100 of 1992 and substituted by s. 6 (a) of Act No. 24 of 1996.] (d)to fence any national road; (e)to plant trees, shrubs, grass or other plants, to protect or promote any vegetation or to take such other steps or do such other work as it may deem desirable, with a view to the appearance of a national road or the convenience of users of a national road or the prevention of soil erosion on a national road or as a result of the construction of a national road; (f)by itself or in collaboration with or through any person or body, to do research or cause research to be done, or make any other investigation or cause any other investigation to be made, whether in the Republic or elsewhere, in connection with the design, planning, construction or operation of roads, the materials or plant or other equipment for that purpose, the control of traffic on roads or any other matter which in the opinion of the Board will further the objects of this Act; [Para. (f) substituted by s. 4 (d) of Act No. 100 of 1992 and by s. 6 (b) of Act No. 24 of 1996.] (g)to grant to any person a bursary or subsidy to enable him to study in or do research on any subject in connection with roads, or to grant a subsidy to any body engaged in such research, if such study or research will in the opinion of the Board further the objects of this Act; (h)to recommend to the Minister the introduction of legislation relating to roads or road traffic; (i)to advise the Minister at his request on questions relating to roads which may arise with the government of any other country or territory; (j)to take out insurance against any risk, loss or damage in connection with the exercise of its powers or the performance of its functions or duties in terms of this Act; (k)to prescribe, in so far as it has not been done by regulation, the form or manner in which any application is to be made to it under this Act; (l)to do or cause to be done all such work in connection with roads (whether national roads or not) as the Minister may approve or may direct the Board to do; [Para. (l) substituted by s. 4 (e) of Act No. 100 of 1992.] (m)for the purpose of carrying out an agreement between the Government of the Republic and the government of any other country or territory, to exercise or perform, by the direction of the Minister, in the Republic or in the country or territory concerned, in connection with roads or an interstate bridge any power, function or duty which the Board is empowered under this Act to exercise or perform in connection with roads (whether national roads or not); [Para. (m) added by s. 2 of Act No. 93 of 1981 and substituted by s. 4 (f) of Act No. 100 of 1992 and by s. 6 (c) of Act No. 24 of 1996.] (n)to establish and operate an information and management system in respect of national roads; [Para. (n) added by s. 6 (d) of Act No. 24 of 1996.] (o)to control and monitor any work, performed in respect of national roads by any person or authority, which is wholly paid for from the fund; [Para. (o) added by s. 6 (d) of Act No. 24 of 1996.] (p)to collect, or cause to be collected by any person appointed for that purpose, money payable as toll on a toll road; [Para. (p) added by s. 6 (d) of Act No. 24 of 1996.] (q)to provide, establish, maintain and operate toll gates on a toll road; [Para. (q) added by s. 6 (d) of Act No. 24 of 1996.] (r)to authorize, approve or permit the construction or establishment of anything on or over, or below the surface of, a national road, and charge a levy, fee or rent for the use of that national road for purposes relating to such construction or establishment; [Para. (r) added by s. 6 (d) of Act No. 24 of 1996.] (s)to utilize any portion of a national road, not immediately required for traffic purposes, for such purposes as the Board may deem fit; [Para. (s) added by s. 6 (d) of Act No. 24 of 1996.] (t)to perform any function which the Board, in terms of this Act or any other law, is authorized or entitled to perform, including any other function emanating therefrom. [Para. (t) added by s. 6 (d) of Act No. 24 of 1996.] (2) The Board may, with the approval or on the direction of the Minister as contemplated in paragraph (l) of subsection (1), design, plan or construct roads referred to in that paragraph, and the Board or a member or an officer of the Board shall for that purpose have every power which in terms of this Act is conferred on it or on such member or officer in relation to the design, planning or construction of a national road or any survey or investigation on, or below the surface of, or in connection with, any land or the entry upon any land, as if such roads were national roads. [Sub-s. (2) substituted by s. 4 (g) of Act No. 100 of 1992.] (3) The Board shall cause a record to be kept of the proceedings at every meeting held by it in connection with its functions under this Act. 6. Delegation and exercise of powers.—(1) The Board may in writing delegate any power conferred on, or any function assigned to, it by this Act, to any member or officer of the Board. [Sub-s. (1) substituted by s. 7 (a) of Act No. 24 of 1996.] (2) (a) The Board may, subject to the provisions of paragraph (b) of this subsection, in writing delegate a power conferred on, or a function assigned to, it by this Act to the Premier of a province to be exercised by the Premier concerned in that province or in respect of a particular national road or other matter in that province. [Para. (a) substituted by s. 7 (b) of Act No. 24 of 1996.] (b) No power shall be delegated under paragraph (a) except after agreement to that effect between the Board and the Premier concerned. (c) Such agreement may provide for terms or conditions subject to which any power is so delegated or any power so delegated is to be exercised, including terms or conditions relating to advances or other payments from the fund by the Board. (d) Notwithstanding anything to the contrary in any other law contained, a Premier may— (i)enter into such an agreement and comply with its terms and conditions; (ii)exercise a power or perform a function so delegated, and do or cause the work connected with it to be done. [Para. (d) substituted by s. 7 (c) of Act No. 24 of 1996.] (e) When a power or function conferred on, or assigned to, the Board in terms of this section has been delegated to a Premier under paragraph (a) of this subsection— (i)a member of the executive council of the province in question and an officer or employee of that province shall, for the purposes of the provision in question, be deemed to be a member of the Board and an officer of the Board, respec–tively; (ii)a reference in the provision in question to a power conferred by this Act shall, for the purposes of the exercise of the delegated power by the Premier, be deemed to be a reference to a power so delegated. [Para. (e) substituted by s. 7 (c) of Act No. 24 of 1996.] (2A) (a) The Board may in writing delegate any power regarding national roads conferred on it by this Act to a local authority, to be exercised by that local authority in connection with a national road within a township under its control. (b) The provisions of subsection (2) (b), (c) and (d) shall mutatis mutandis apply in respect of any power so delegated to a local authority. [Sub-s. (2A) inserted by s. 5 (a) of Act No. 100 of 1992.] (3) (a) Notwithstanding the provisions of section 16 (2) of the South African Roads Board Act, 1988 (Act No. 74 of 1988), or any other law, the Board may have any power or function which it is in terms of this Act empowered to exercise or perform on or in connection with national roads or routes, exercised or performed by any other person or authority on such terms and conditions as may be determined by agreement between the Board and such other person or authority. [Para. (a) substituted by s. 3 of Act No. 79 of 1983, by s. 5 (b) of Act No. 100 of 1992 and by s. 7 (d) of Act No. 24 of 1996.] (b) The Board may in writing delegate any power conferred on it by this Act, to such person or a representative or employee of such person if the Board deems it necessary for the efficient performance by such person of the work which he has to do in terms of such an agreement. (c) The Board may, whether upon application by a province or local authority or not, in exercising its powers and performing its functions in terms of paragraph (a) of this subsection, give preference to a province or local authority to perform the work in terms of that paragraph: Provided that the province or local authority is competent to exercise or perform that power or function to the Board’s satisfaction, and a suitable agreement has been concluded. [Para. (c) added by s. 7 (e) of Act No. 24 of 1996.] 7. Entry upon land.—(1) A member or officer of the Board, or any other person authorized thereto in writing by the Board, may, subject to the provisions of subsections (2) and (4), enter upon any land with the necessary workmen, animals, vehicles, machines, instruments, tools or materials to carry out on, below the surface of, or in connection with, that land or other land any investigation, survey, observation or other act necessary for or connected with the exercise or performance of a power, function or duty conferred on or entrusted to the Board in terms of this Act. [Sub-s. (1) substituted by s. 8 (a) of Act No. 24 of 1996.] (2) Such member, officer or other person shall not enter any dwelling house or other building without the permission of the owner or occupier unless he has given the owner or occupier at least twenty-four hours’ notice of his intention to do so. (3) . . . . . . [Sub-s. (3) amended by s. 13 (a) of Act No. 100 of 1992 and deleted by s. 8 (b) of Act No. 24 of 1996.] (4) (a) The Board shall repair, or pay compensation for, any damage caused by the exercise of the powers conferred by this section. (b) Any proceedings by virtue of the provisions of paragraph (a) shall be instituted within six months after the cause of action has arisen, and written notice of any such proceedings and of the cause of action shall be given by the plaintiff to the defendant not less than one month before the proceedings are instituted. [Para. (b) substituted by s. 57 of Act No. 63 of 1975.] 8. Expropriation of land, material on or in land, and right to use land temporarily.—(1) The Board may, subject to an obligation to pay compensation— (a)expropriate land for a national road or for works or purposes in connection with a national road, including any access road, the acquisition, mining or treatment of gravel, stone, sand, clay, water or any other material or substance, the accommodation of road building staff and the storage or maintenance of vehicles, machines, equipment, tools, stores or material; [Para. (a) substituted by s. 9 (a) of Act No. 24 of 1996.] (b)take gravel, stone, sand, clay, water or any other material or substance on or in land for the construction of a road or for works or for purposes referred to in paragraph (a); [Para. (b) substituted by s. 9 (a) of Act No. 24 of 1996.] (c)take the right to use land temporarily for any purpose for which the Board may expropriate such land; (d)if any land is or will be divided by a road referred to in paragraph (a) in such a manner that in the opinion of the Board, that land or any part of it is or will be useless to its owner, expropriate that land or the part of it in question. [Sub-s. (1) amended by s. 3 of Act No. 66 of 1980 and substituted by s. 6 of Act No. 100 of 1992. Para. (d) substituted by s. 9 (b) of Act No. 24 of 1996.] (2) The provisions of sections 7 to 24 of the Expropriation Act, 1975, shall mutatis mutandis apply in respect of the expropriation of property or the taking of property or a right in terms of this section, and in such application any reference in the said sections of that Act— (i)to “Minister” and “State”, shall be construed as a reference to the Board; (ii)to “section 2”, shall be construed as a reference to this section; (iii)to “this Act” shall be construed as a reference to this Act; (iv)to “land” shall be construed as a reference also to a real right in or over land. [S. 8 substituted by s. 88 of Act No. 63 of 1975.] 9. Levying of toll on portion of national road.—(1) The Board may— (a)subject to subsection (3), declare a national road or any portion thereof, including any bridge or tunnel on a national road, as a toll road, for the purposes of this Act, and amend or withdraw any such declaration; [Para. (a) substituted by s. 7 (a) of Act No. 100 of 1992 and by s. 10 (a) of Act No. 24 of 1996.] (b)in respect of the driving of any vehicle on a toll road, levy a toll the amount of which has been determined and made known in terms of subsection (4) and which shall be payable at a toll gate by the person so driving the vehicle, or at any other place subject to such conditions as the Board may determine; [Para. (b) substituted by s. 7 (a) of Act No. 100 of 1992 and by s. 10 (a) of Act No. 24 of 1996.].] (c). . . . . . [Para. (c) deleted by s. 10 (b) of Act No. 24 of 1996.] (d)grant exemption from the payment of toll on a particular toll road— (i)in respect of a vehicle of a category determined by the Board, or in respect of any such vehicle used on the toll road, at a time so determined; or (ii)to a person of a category determined by the Board, irrespective of the vehicle used by such person on the toll road, or to any such person using a vehicle on the toll road at a time so determined, and withdraw any such exemption; (e)restrict the levying of toll on a particular toll road to the hours or other times determined by the Board; (f)suspend the levying of toll on a particular toll road for a specified or an unspecified period and in respect of all vehicles or in respect of vehicles of a category determined by the Board, and resume the levying after a suspension. (2) A declaration under subsection (1) (a) of a national road or any portion thereof as a toll road, together with a description of such road or portion, shall be made known by notice in the Gazette. [Sub-s. (2) substituted by s. 7 (b) of Act No. 100 of 1992.] (3) The Board shall not declare a national road or any portion thereof under subsection (1) (a) as a toll road, unless— (a). . . . . . [Para. (a) deleted by s. 10 (c) of Act No. 24 of 1996.] (b)the Board has consulted with the Premier in question and with any local authority affected by the declaration of the proposed toll road; and (c)the Board has invited, in the manner prescribed by regulation, interested parties to make written representations to it, which may include representations on the position of the toll gate, and has considered such representations, if any; [Para. (c) substituted by s. 1 (a) of Act No. 27 of 1994.] (d)the Board has in its consultation with any local authority and in its invitation contemplated in paragraph (c) given an indication of the approximate position of the proposed toll gate. [Sub-s. (3) substituted by s. 7 (b) of Act No. 100 of 1992. Para. (d) added by s. 1 (b) of Act No. 27 of 1994.] (3A) The Board may, after a national road or any portion thereof has been declared as a toll road, give interested parties, including any local authority contemplated in subsection (3) (b), the opportunity of submitting further written representations regarding the position of a toll gate on such road, and shall not take a final decision regarding the position of the toll gate in question before considering any such further representations received as well as the representations contemplated in subsection (3) (c). [Sub-s. (3A) inserted by s. 1 (c) of Act No. 27 of 1994.] (4) The amount of toll levied under subsection (1), any rebate thereon and any alteration thereof— (a)shall be determined by the Minister on the recommendation of the Board; (b)may differ in respect of— (i)different toll roads; (ii)different vehicles or different categories of vehicles driven on a toll road; (iii)different times at which any vehicle or any vehicle of a particular category is driven on a toll road; (iv)different persons or different categories of persons, irrespective of the vehicle driven by such persons; (c)shall be made known by notice in the Gazette; (d)shall be payable from a date and time determined by the Minister on the recommendation of the Board, which shall be mentioned in the notice whereby it is made known in terms of paragraph (c) and which shall not be a date earlier than 14 days after the date on which such notice appears in the Gazette. [Sub-s. (4) substituted by s. 7 (b) of Act No. 100 of 1992.] (4A) Notwithstanding anything to the contrary in this Act contained— (a)the Board may under the conditions and for the period it deems fit, with the approval of the Minister, and in terms of an agreement authorise any person to plan, design, construct and operate a national road or any portion thereof which has, in terms of this section, been declared to be a toll road, or any portion of a toll road so declared; (b)the person referred to in paragraph (a) shall, subject to the provisions of paragraph (c), be entitled to levy toll, and collect moneys payable as toll on such toll road, or portion thereof, for his or her own account during the said period, and may for that purpose erect a toll gate or toll gates and facilities in connection therewith on the toll road, or portion of the toll road; and (c)the person referred to in paragraph (a) shall only be entitled to levy toll in accordance with an agreement with the Board and provided that the amount of such toll has been approved by the Minister. [Sub-s. (4A) inserted by s. 7 (c) of Act No. 100 of 1992 and substituted by s. 10 (d) of Act No. 24 of 1996.] (5) (a) Any person who refuses or fails to pay the amount of toll at a toll gate, or at any other place contemplated in paragraph (b) of subsection (1), for which he is liable in terms of this section, shall be guilty of an offence. [Para. (a) substituted by s. 10 (e) of Act No. 24 of 1996.] (b) At any criminal proceedings at which a person is charged with a contravention under this section it shall be presumed, unless the contrary is proved, that the vehicle alleged to have been driven in committing such contravention, was driven by the registered owner thereof. [S. 9 repealed by s. 89 of Act No. 63 of 1975 and inserted by s. 4 of Act No. 79 of 1983. Sub-s. (5) substituted by s. 7 (d) of Act No. 100 of 1992.] 10. Access to and egress from a national road.—(1) No person shall— (a)take a vehicle onto a national road except at an entrance provided for that purpose; (b)take a vehicle off a national road except at an exit provided for that purpose; (c)enter a national road which is fenced, except at an entrance provided for that purpose; (d)leave a national road which is fenced, except at an exit provided for that purpose. (2) No person except the Board or a person authorized thereto in writing by the Board, may provide an entrance to or an exit from any national road. (3) The Board may grant an authorization referred to in subsection (2) on such conditions as it may deem desirable and specify in the authorization, including conditions relating to the nature of the entrance or exit in question, the place where or the manner in which it may be erected, constructed or otherwise provided, or its use, and may at any time amend or cancel any such condition or impose a new condition and insert it in the authorization. (4) An entrance to or exit from a national road— (a)which has not been provided by the Board but the existence and use of which were immediately before the commencement of this Act authorized by or under a law repealed by section 29 or any other law; or (b)which, immediately before the date on which the road or route in question is under section 4 (1) (a) declared to be a national road, is lawfully in existence and in use, shall, until the Board has issued a written authorization in respect of it under subsection (2) or has removed or closed it under subsection (5), be deemed to be authorized under the said subsection (2) subject— (i)in the case of an entrance or exit referred to in paragraph (a), to the conditions or requirements which immediately before the commencement of this Act applied in respect of its nature, establishment or use; (ii)in the case of an entrance or exit referred to in paragraph (b), to the condition that, without the written authorization of the Board, its nature may not be altered nor may it be used for a purpose for which it was not used before the date referred to in that paragraph. (5) The Board may, notwithstanding anything to the contrary in any other law contained but subject to the provisions of subsection (6), remove or close to traffic any entrance to or exit from a national road or any entrance to or exit from any other road within any building restriction area as contemplated in paragraph (b) of the definition of “building restriction area” and, where the Board deems it necessary, provide another entrance or exit in its place and take such steps as it may deem necessary in order to render such other entrance or exit capable of being used. [Sub-s. (5) substituted by s. 8 of Act No. 100 of 1992.] (6) (a) The Board shall, with due regard to the existence of an alternative entrance or exit or the provision of another entrance or exit in terms of subsection (5), compensate any person for direct loss suffered by him as a result of the removal or closing of an entrance or an exit under that subsection. (b) The provisions of section 7 (4) (b) shall mutatis mutandis apply in relation to the compensation contemplated in paragraph (a). [Para. (b) substituted by s. 90 of Act No. 63 of 1975.] (7) In this section “entrance” and “exit”, in relation to a road, means any road (whether a public road or not), bridge, subway, gate, sty, passage or other means by which such road may be entered or left. (8) Any person who contravenes or fails to comply with a provision of subsection (1) or (2) or a condition of an authorization referred to in subsection (2) or a condition or requirement referred to in subsection 4 (i) or (ii), shall be guilty of an offence. 11. Closing or diversion of national road.—(1) The Board may close a national road to traffic or divert the roadway of a national road when in its opinion it is necessary or desirable to do so. (2) Any person who without the permission of the Board uses a national road so closed to traffic, shall be guilty of an offence. 12. Prohibition of division of certain land.—(1) If land or any part of land (except land or any part of land under the control of the South African Rail Commuter Corporation Limited) is situated in a building restriction area, a surveyor-general shall not approve the diagram or general plan of any division (whether for the establishment or extension of a township or for any other purpose) of that land unless the Board has approved such division in writing. [Sub-s. (1) substituted by s. 34 of Act No. 52 of 1991.] (2) The Board may grant its approval under subsection (1) at its discretion, but shall not refuse it unless it is satisfied that the division in question might lead to frustration of any object of this Act. (3) (a) The Board may grant its approval under subsection (1) subject to a condition— (i)prohibiting the division or further division of the land in question or of a specified part of it; (ii)limiting the use to which the land in question or any specified part of it may be put; (iii)limiting the number or extent of buildings or other structures which may be erected on the land in question or on any specified part of it; (iv)prohibiting the erection, construction or establishment of any structure or other thing on or over, or below the surface of, the land in question or on or over, or below the surface of, a specified part of it, within a specified distance from the road in question. (b) In granting such approval the Board may stipulate that if the land in question or a specified part of it is consolidated with other land, the title to the consolidated land shall be subject to a condition imposed under paragraph (a). (4) A condition referred to in subsection (3) may be imposed in such a manner as to permit of non-compliance with it or departure from it with the approval of the Board. (5) (a) Notwithstanding anything to the contrary contained in the Deeds Registries Act, 1937 (Act No. 47 of 1937)— (i)the transferor of land to which a condition referred to in subsection (3) relates, shall insert every such condition in the deed of transfer; (ii)a registrar of deeds shall endorse on the title deed of the land retained by the transferor every such condition relating to the land so retained; (iii)a certificate of consolidated title issued in respect of consolidated land referred to in paragraph (b) of subsection (3), shall contain every condition to which the title to such land is to be subject in terms of a stipulation made under that paragraph. (b) The Board may enforce compliance with any such condition. (6) (a) Notwithstanding anything to the contrary contained in the said Deeds Registries Act, 1937, or any other law, a registrar of deeds may with the written approval of the Board cancel any condition which has in terms of subsection (5) been inserted in a deed of transfer or certificate of consolidated title or endorsed on a title deed. (b) Such cancellation may be effected on the written application of the owner of the land in question, accompanied by the approval referred to in paragraph (a) and proof that all mortgagees (if any) have been advised of the proposed cancellation. (c) No transfer duty or other fees shall be payable in respect of such a cancellation. 13. Structures and other works on, over or below national road or certain other land.—(1) Subject to the provisions of subsection (2) no person shall without the written permission of the Board or contrary to the terms of such permission— (a)erect, lay or establish any structure or other thing (including anything which is attached to the land on which it stands even though it does not form part of that land) on or over, or below the surface of, a national road or land in a building restriction area; (b)make any structural alteration or addition to a structure or such other thing situated on or over, or below the surface of, a national road or land in a building restriction area; (c)grant permission for the erection, laying or establishment of any structure or such other thing on or over, or below the surface of, a national road or land in a building restriction area or for any structural alteration or addition to any structure or such other thing so situated. (2) Subject to any condition imposed under section 12 (3) (a) (iii) or (iv), the provisions of subsection (1), except in so far as those provisions prohibit the erection, laying or establishment of a structure or other thing on or over, or below the surface of, a national road, shall not apply in respect of— (a)a structure erected by the South African Rail Commuter Corporation Limited on land under its control; [Para. (a) substituted by s. 35 of Act No. 52 of 1991.] (b)a farm dwelling house or any other structure erected on a farm and used exclusively for bona fide farming operations; (c). . . . . . [Para. (c) deleted by s. 2 of Act No. 5 of 1982.] (3) The Board may at its discretion grant or refuse its permission in terms of subsection (1) and, if it grants its permission, it may prescribe the specifications to which the structure, other thing, alteration or addition to which the permission relates, must comply, and the manner in which, the place where, the circumstances under which and the conditions on which the structure, other thing, alteration or addition may be erected, laid, established or made, and the obligations to be fulfilled by the owner of the land in question if the structure, other thing, alteration or addition is erected, laid, established or made. (4) (a) If an obligation to remove a structure or other thing is prescribed by a condition imposed under subsection (3), a registrar of deeds shall at the written request of the Board note such obligation on the title deed of the land in question and in the appropriate registers in his office. (b) The cost in connection with such noting shall be paid by the person to whom the permission in question has been granted. (c) The Board may enforce compliance with an obligation which has been so noted. (d) The provisions of section 12 (6) (a) and (b) shall mutatis mutandis apply in respect of an obligation which has been so noted. (5) Any person who, without the permission required under subsection (1) or contrary to the terms of any such permission, has erected, laid or established any structure or other thing, or made any structural alteration or addition to a structure or other thing or granted permission therefor, shall, if the Board has by notice in writing directed him to do so, remove such structure, other thing, alteration or addition within the period stated in the notice and which shall not be less than fourteen days. (6) (a) Subject to the provisions of paragraph (b), the Board may itself remove a structure, other thing, alteration or addition of which it has by notice under subsection (5) directed the removal and which has not been removed within the period stated in the notice, and recover the cost of the removal from the person who erected, laid, established or made it or granted permission therefor. (b) The Board may, without first directing its removal under subsection (3), remove any structure, other thing, alteration or addition which has been erected, laid, established or made on or over, or below the surface of, a national road without the permission required by subsection (1), or contrary to the terms of any such permission, and may recover the cost of the removal from the person who erected, laid, established or made it or granted permission therefor. (7) (a) Notwithstanding anything to the contrary in any other law contained, the Board may remove or shift, to a place determined by it, any structure or other thing (excluding a structure or thing to which subsection (2) applies) erected, laid or established on or over, or below the surface of, a national road or land in a building restriction area or other land situated within a distance from a national road specified in a condition imposed under section 12 (3) (a) (iv), before the commencement of this Act or before the date on which the road or route in question is declared to be a national road in terms of section 4 (1) (a). (b) In the case of a power line or telephone line or any sewage disposal works, water reticulation, supply or disposal works or other works erected, laid or established subject to a condition imposed under any law, in terms of which any other person is responsible for the removal or shifting thereof, the Board may recover from such other person the cost of the removal or shifting thereof under paragraph (a). (8) For the purposes of this section the owner of land (except the Board) on or over, or below the surface of, which any structure or other thing has been erected, laid or established by any person other than that owner, or any structure or other thing to which any structural alteration or addition has been made by any person other than that owner, is situated, shall be deemed to have granted permission for the erection, laying or establishment of such structure or other thing, or for such alteration or addition, unless the contrary is proved. (9) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence. 14. Advertisements on, or visible from, national road.—(1) Subject to the provisions of subsection (2), no person shall— (a)display an advertisement on a national road, or permit it to be so displayed; (b)display outside an urban area any advertisement visible from a national road, or permit any such advertisement to be so displayed; (c)display or permit to be displayed on any land adjoining a national road in an urban area or separated by a street from a national road in an urban area, any advertisement visible from a national road. (2) The provisions of subsection (1) shall not apply in respect of the displaying of any advertisement which complies with the requirements (if any) of regulations relating to the nature, contents or size of such advertisement or the time, place or manner of its display, and— (a)which is displayed on a building in which a business or undertaking is carried on, and does not contain more than the name of the business or undertaking or of its nature, the name of its proprietor and such further information (if any) as may be authorized by or under any regulation; or (b)which is displayed on any vehicle, or which is displayed on any other machine or implemented and does not contain more than the trade name of such machine or implement and the name of its manufacturer, provided the main purpose for which the vehicle, machine or implement is used is not the displaying of such advertisement; or (c)which is displayed by virtue of an authorization conferred by or under the provisions of the Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940), whether before or after the commencement of this Act, for so long as such advertisement is displayed in accordance with the requirements which, in terms of the authorization in question, are applicable to it or were immediately before the commencement of this Act applicable to it, as the circumstances may require; or (d)which immediately before the date on which the road or route in question is under section 4 (1) (a) declared to be a national road, is lawfully displayed at any place, for so long as it is displayed continuously at the same place, unless its removal has been directed under subsection (3) of this section and the period within which it had to be removed has expired; or (e)which is displayed by the State, or a body established under any law, in the execution of its functions, or which in terms of any law has to be displayed at the place where, and under the conditions under which, it is in fact displayed; or (f)the display of which has been authorized by or under the regulations. (3) Any person who displays an advertisement contrary to the provisions of subsection (1), or permits it to be so displayed, or who displays an advertisement referred to in paragraph (d) of subsection (2) in a manner or under circumstances which, but for the provisions of that paragraph, would have constituted a contravention of the first-mentioned subsection, shall, if the Board has by notice in writing directed him to do so, remove such advertisement within the period stated in the notice and which shall not be less than fourteen days. (4) (a) Subject to the provisions of paragraph (b), the Board may itself remove an advertisement of which it has by notice under subsection (3) directed the removal and which has not been removed within the period stated in the notice, and recover the cost of the removal from the person who displayed the advertisement or permitted its display. (b) The Board may at any time remove an advertisement displayed on a national road contrary to the provisions of subsection (1), without first directing its removal under subsection (3), and may, except in the case of an advertisement referred to in subsection (2) (d), recover the cost of the removal from the person who displayed the advertisement or permitted its display. (5) For the purposes of this section— (a)an advertisement shall be deemed to be displayed— (i)by the person who erected it or otherwise caused it to appear; (ii)in the case of an advertisement relating to a product or article produced or manufactured by a particular person, or to a service rendered by a particular person, or to a business, undertaking or place owned by a particular person, by that person; (b)the owner of land (except the Board) on which an advertisement is displayed which that owner has not himself erected or does not himself display, shall be deemed to permit the display of such advertisement unless he proves that he has not granted permission to any person to erect the advertisement or cause it to appear or to display it, and that he was not aware of the erection or the display of the advertisement or, due to circumstances beyond his control, could not prevent its erection or display. (6) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence. 15. Trading on national road or in building restriction area.— (1) Subject to the provisions of subsection (2), no person shall without the written permission of the Board or contrary to the terms of such permission, carry on any trade or expose, offer or manufacture for sale any goods on a national road or in a building restriction area. [Sub-s. (1) substituted by s. 9 (a) of Act No. 100 of 1992.] (2) The provisions of subsection (1) shall not apply to any person who, after the date on which a road or route is under section 4 (1) declared to be a national road, on land forming part of the national road or building restriction area in question, continues a business or undertaking which was carried on on the land in question immediately before the date unless such person has by notice in writing been directed by the Board to discontinue the business or undertaking before a date stated in the notice, and that date has arrived. [Sub-s. (2) amended by s. 13 (a) of Act No. 100 of 1992 and substituted by s. 11 of Act No. 24 of 1996.] (3) Any officer of the Board or any person authorized thereto in writing by the Board or designated in terms of any regulation issued under section 19 to control traffic on a national road, or any person who in terms of a road traffic law is a police officer for the purpose of the road traffic law in question, may— (a)if such officer or person (in this section referred to as the authorized officer) on reasonable grounds suspects that a person has committed an act for which the written permission of the Board is in terms of subsection (1), required, call upon such person to produce to the authorized officer such a permission for the commission of such an act by him; [Para. (a) substituted by s. 9 (b) of Act No. 100 of 1992.] (b)if such person thereupon fails to produce such a permission to the authorized officer, or if the authorized officer on reasonable grounds suspects that a person has committed on a national road an act prohibited by subsection (1)— (i)call upon the person concerned to furnish the authorized officer with his full name and residential address; (ii)order that person to remove from the building restriction area or the national road every article with or in respect of which the act in question has been committed, or which the authorized officer on reasonable grounds suspects to be intended for use for or in connection with the commission of such an act by that person, or any structure, tent, vehicle, implement or other object in, on or with which that act has been committed, or in or on which there is such an article, or which the authorized officer on reasonable grounds suspects to be intended for use for or in connection with the commission of such an act by that person; (c)remove from the national road or the building restriction area an article, structure, tent, vehicle, implement or other object referred to in paragraph (b) (ii), or which the authorized officer finds on the national road or in the building restriction area and on reasonable grounds suspects to have been used, or to be intended for use, in connection with a contravention of subsection (1) by any person. [Sub-s. (3) amended by s. 9 (b) of Act No. 100 of 1992.] (4) Any person who— (a)contravenes any provision of subsection (1); or (b)fails to furnish his full name and residential address when called upon under subsection (3) (b) (i) to do so; or (c)fails to carry out an order given to him under subsection (3) (b) (ii), shall be guilty of an offence. 15A. Compensation.—(1) If the Board in terms of the provisions of sections 10, 13 or 15 grants to any person an authorization, approval or permission to provide, construct, erect, establish, carry on or operate on, over or under a national road, anything in terms of those sections, the Board may in respect of that authorization, approval or permission charge a levy, fee or rent as determined by the Board from that person. (2) The levy, fee or rent contemplated in subsection (1) may differ in the case of every authorization, approval or permission. [S. 15A inserted by s. 12 of Act No. 24 of 1996.] 16. Prohibition of depositing or leaving of refuse on or near national road.—(1) No person shall— (a)deposit or leave a disused vehicle or machine or a disused part of a vehicle or machine, or any rubbish or other refuse on a national road; (b)without the written permission of the Board or contrary to any condition imposed by the Board and set out in such permission, deposit or leave, so as to be visible from a national road, any such vehicle, machine or part, or any rubbish or other refuse— (i)on land situated outside an urban area and within one hundred and fifty meters from the boundary of a national road; or (ii)on land situated in an urban area and adjoining a national road or separated from a national road by any street. (2) The Board may remove a disused vehicle or machine or a disused part of a vehicle or machine, or any rubbish or other refuse, found on a national road, and may recover the cost of the removal from the person who deposited or left such vehicle, machine, part, rubbish or other refuse there. (3) If there is on land referred to in subsection (1) (b) a disused vehicle or machine or a disused part of a vehicle or machine, or any rubbish or other refuse, which is visible from a national road, and the person who deposited or left it there or any person entitled to remove it, has been directed by the Board by notice in writing to remove it from the land in question, or to take such steps as may be necessary to render it invisible from a national road— (a)the person so directed shall within the period stated in the notice remove such vehicle, machine, part, rubbish or other refuse from the land in question or take the said steps, unless— (i)he produces a written permission of the Board authorizing the presence of such vehicle, machine, part, rubbish or other refuse on that land under the circumstances in question; or (ii)in the case of a person so entitled, he satisfies the Board that he has not deposited or left such vehicle, machine, part, rubbish or other refuse there and has not permitted its being deposited there and, if it was deposited or left there by his employee or agent, that he was not aware of that fact; (b)the Board may, if such vehicle, machine, part, rubbish or other refuse has not been removed within the period referred to in paragraph (a), and the Board is satisfied that no person holds such a written permission as is referred to in subparagraph (i) of that paragraph, remove such vehicle, machine, part, rubbish or other refuse from the land in question or take such steps as the Board may deem necessary to render it invisible from a national road, and recover the cost of the removal or of such steps from the person whose duty it was in terms of paragraph (a) to effect the removal or take the necessary steps. (4) Any person who contravenes a provision of subsection (1) shall be guilty of an offence unless it is proved that he deposited or left the disused vehicle, machine or part in question or the rubbish or other refuse in question on the road or land in question due to circumstances beyond his control and that he has not had a reasonable opportunity to remove it from that road or land or to render it invisible from a national road. 17. Damaging of national road.—(1) Any person who damages a national road wilfully or negligently shall be guilty of an offence. (2) (a) The court convicting a person of a contravention of subsection (1) may, in addition to imposing a sentence on him, order him to pay to the Board an amount which in the opinion of the court is equal to the amount of the damage caused. (b) Such an order shall have the force of a civil judgment and may be enforced in the same manner as a civil judgment. (3) (a) Any person directed by the Board by notice in writing to do so, shall within the period stated in the notice take such measures as the Board may prescribe or may deem adequate to prevent the occurrence of damage which is likely to be caused to a national road by anything which is done or permitted, or has been done or permitted after the declaration of the road in question as a national road, by the person concerned on or below the surface of any land. (b) The Board may under paragraph (a) prescribe the removal, filling in, alteration, relocation or establishment of any dam, canal, trench, wall, sluice, pipe, excavation, structure or other works, or the performance of any other act or the cessation of an act, or the termination of any condition in any other manner. (4) If any person fails to comply with a direction under subsection (3), the Board may take such measures as may be necessary to prevent the occurrence of the damage referred to in that subsection, and recover the cost of such measures from such person. (5) Any person who fails to comply with a direction under subsection (3) by which the cessation of an act is prescribed, and who has not taken other adequate measures to prevent the occurrence of damage which would otherwise be caused to a national road by such act, shall be guilty of an offence. 18. Disposal of storm-water on national road.—(1) The Board may divert storm-water from or under a national road onto any land but shall, save as provided in subsection (3), pay compensation for damage caused by the diversion of such storm-water. (2) The provisions of section 7 (4) (b) shall mutatis mutandis apply in relation to the compensation contemplated in subsection (1) of this section. [Sub-s. (2) substituted by s. 91 of Act No. 63 of 1975.] (3) Where a township is established on land adjoining a national road, the person establishing the township shall receive and dispose of storm-water discharged or diverted from the national road, and the Board shall not be liable for damage caused in the township by such storm-water. 19. . . . . . . [S. 19 amended by s. 46 of Act No. 97 of 1986 and by s. 13 (b) of Act No. 100 of 1992 and repealed by s. 13 of Act No. 24 of 1996.] 20. Regulations.—(1) The Minister may on the recommendation of the Board make regulations— (a)prohibiting or regulating the diversion of storm-water onto, over or under a national road or the alteration of the natural flow of any water in relation to a national road; (b)prohibiting or regulating the installation or existence of any street-light or other light emitting rays onto a national road; (b A)which is not inconsistent with the provisions of a road traffic law, in respect of traffic on a national road or the use or protection of a national road or the use or presence of vehicles or animals or any other thing on a national road; [Para. (bA) inserted by s. 14 of Act No. 24 of 1996.] (c)prescribing a form to be used in connection with any claim for compensation or any application, authorization, approval or permission contemplated in this Act, the information to be furnished in connection with such an application or the procedure to be followed in connection with it; (d)in relation to anything which in terms of any provision of this Act may be prescribed or determined by regulation; (e)generally to prescribe such matters as he may deem necessary or expedient for the efficient administration of this Act. (2) Different regulations may be made under subsection (1) in respect of different national roads, and such regulations may provide that a person who contravenes or fails to comply with any of its provisions shall be guilty of an offence and liable to a fine not exceeding two hundred rand or, in default of payment of the fine, to imprisonment for a period not exceeding six months. 21. Offences in connection with property of Board and persons carrying out provisions of Act.—(1) Any person who— (a)wilfully damages or otherwise than in the execution of his duty interferes with any vehicle, machine, implement, instrument, equipment, material or other property of the Board; or (b)otherwise than in the execution of his duty removes or interferes with any beacon, peg, mark or other object or sign placed on any land or at any other place for the purposes of any survey or other work in terms of this Act; or (c)obstructs any member or officer of the Board or other person in the exercise or performance of a power, function or duty conferred on or entrusted to him by or under this Act, shall be guilty of an offence. (2) The provisions of section 17 (2) shall mutatis mutandis apply in connection with damage caused by a contravention of subsection (1) (a) or (b) of this section. 22. Penalties.—Any person convicted of an offence under this Act shall be liable on conviction to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [S. 22 amended by s. 10 of Act No. 100 of 1992.] 23. Certain fines to be paid into fund.—Moneys obtained from fines imposed for an offence under this Act or any regulation made under section 19 or 20, shall be paid into the fund. 24. Disposal of thing removed under this Act, and recovery of costs in connection with it.—(1) A person who removes any thing from land under authority conferred by or in terms of this Act may deal with it in the manner prescribed by regulation or, if no regulation exists in that connection, in accordance with the Board’s directions or, if it has been used for or in connection with the commission of an offence under this Act or if the Board is entitled to recover the cost of the removal from any person, seize it. (2) The court convicting a person of an offence referred to in subsection (1), may declare the rights of the convicted person to a thing seized under that subsection to be forfeited to the Board. (3) If a thing seized under subsection (1) was not used as contemplated in that subsection or, if it was so used and a charge is not laid in connection with the offence in question or is laid and withdrawn, the Board may deal with such thing as if it had been delivered to the Board on the date of the seizing as security for the payment within one month of the cost referred to in that subsection. (4) The court convicting a person of an offence under this Act may, if he is a person from whom the Board may recover the cost of the removal of any thing as contemplated in subsection (1), whether or not in the proceedings any thing is declared to be forfeited under subsection (2), and in addition to imposing a sentence on such person, order him to pay to the Board an amount which in the opinion of the court is equal to the amount of such cost plus the amount of the cost incurred by the Board in connection with the custody of such thing. (5) Any order referred to in subsection (4) shall have the force of a civil judgment and may be enforced in the same manner as a civil judgment. 25. Limitation of actions.—(1) Notwithstanding anything to the contrary in any other law contained no action shall lie against the Board in respect of damage due to any act or omission of the Board in connection with any matter relating to the condition of a national road, or in respect of any act performed by an officer of the Board or other authorized person in the execution of his duty in connection with such road, unless— (a)written notice of the action contemplated, setting out the cause of action and particulars of the claim, has been given to the Board within ninety days after the cause of action arose; (b)a period of ninety days has expired after the date on which such notice was given to the Board, unless the Board has in writing denied liability in respect of the claim before the expiration of that period; (c)such action is instituted within twenty-four months after the cause of action arose. [Sub-s. (1) amended by s. 15 of Act No. 24 of 1996.] (2) No action shall lie against the Board or an officer of the Board, or against any other person who has constructed a national road, in respect of damage sustained by any person in the use of any part of such national road other than the roadway. 26. Extension of period prescribed by Board.—(1) Where the Board has in a notice or other document issued to any person under this Act, stated or otherwise prescribed a period in which such person shall or may perform or carry out or discontinue any act or activity, the Board may from time to time, on the application of such person, at its discretion allow a further period for the performance, carrying out or discontinuance of the act or activity in question. (2) A further period so allowed shall, for the purposes of this Act, be deemed to be the period stated or otherwise prescribed in the notice or other document in question. 27. Appeal to Minister.—(1) Where any person has applied to the Board for an approval or permission in terms of section 12 or 13 or either of those sections as applied by section 4 (3), and the Board has refused the application or granted a limited or conditional approval or permission, such person may appeal to the Minister against the refusal or the limitation or condition in question, and the Minister may at his discretion dismiss the appeal or allow it in whole or in part, or take in relation to the application any decision that the Board could have taken. (2) Any approval, permission, limitation or condition granted or imposed by the Minister under subsection (1) shall for the purposes of this Act be deemed to have been granted or imposed by the Board. (3) An appeal contemplated in subsection (1) shall be lodged with the Minister within 90 days after the Board has in writing informed the applicant concerned that his application has been refused or that a limited or conditional approval or permission has been granted. [Sub-s. (3) added by s. 11 of Act No. 100 of 1992.] 28. State bound.—(1) Subject to the provisions of subsections (2) and (3), this Act shall bind the State. (2) The provisions of sections 7 and 8 shall not apply in respect of State land. (3) Nothing in this Act shall have the effect of interfering with or diminishing the powers conferred on, or a right or permission granted by, the President, the Minister of Mineral and Energy Affairs and the Director-General of Mineral and Energy Affairs in terms of any law relating to mining or prospecting, or a regulation made under such a law. [Sub-s. (3) substituted by s. 16 of Act No. 24 of 1996.] 29. Repeal and amendment of laws.—(1) Subject to the provisions of subsections (2), (3) and (4), the laws mentioned in the Schedule are hereby repealed or amended to the extent set out in the third column thereof. (2) (a) If the Board has in terms of a law repealed by subsection (1) agreed or undertaken, or incurred an obligation, to defray from the fund the cost or part of the cost which has been or is incurred in connection with the construction, survey or investigation of a road or route, or other work, which at the commencement of this Act has not been completed, any provision of a law so repealed relating to such an agreement, undertaking or obligation or to the payment of such cost or to such construction, survey or investigation shall, for the purposes of the performance of the agreement, undertaking or obligation, be deemed not to have been repealed. (b) For the purposes of paragraph (a), a road to which the agreement, undertaking or obligation in question relates shall be deemed to be a national, provincial or special road or throughway, as the circumstances may require, within the meaning of such repealed law, even though the road in question has for any reason ceased to be such a national, provincial or special road or throughway. (3) A proclamation, regulation, permission, approval, authorization, decision or any other thing which has been issued, granted, taken or done under any provision of a law repealed or amended by subsection (1) and which may be issued, granted, taken or done under a corresponding provision of this Act, shall be deemed to have been issued, granted, taken or done under such corresponding provision. (4) A proclamation by which a route of which the boundaries have not been determined by survey, has under a law repealed by subsection (1) been declared to be a national road, shall be deemed to have been issued under subsection (1) (b) of section 4 and, for the purposes of subsection (4) (a) of that section, to have been published in the Gazette on the date of commencement of this Act. 30. Short title and commencement.—(1) This Act shall be called the National Roads Act, 1971, and shall come into operation on a date to be fixed by the President by proclamation in the Gazette. (2) In so far as paragraph (a) of section 2 (1) prescribes that an amount exceeding six cents of the customs or excise duty, referred to in that paragraph, on a gallon of petrol, kerosene, distillate fuel or residual fuel oil shall be paid into the fund, that paragraph shall be deemed to have come into operation on the first day of April, 1971. Schedule laws repealed or amended No. and Year Title Extent of Repeal or Amendment Act No. 42 of 1935 National Roads Act, 1935 Repeal of the whole Act No. 35 of 1936 Finance Act, 1936 Repeal of section 6 Act No. 50 of 1937 Finance Act, 1937 Repeal of section 13 Act No. 21 of 1940 Advertising on Roads and Ribbon Development Act, 1940 (1)Amendment of section 1—(a)by the deletion of the definition of “board”;(b)by the deletion in the definition of “controlling authority” of the word “declared”, the words “the board and in relation to any other road” and the words “such other”;(c)by the deletion of the definition of “declared road”;(d)by the insertion in the definition of “main road” before the word “road”, where it occurs for the first time, of the word “public”;(e)by the addition at the end of the definition of “public road” of the words “but does not include a national road as defined in the National Roads Act, 1971”; and(f)by the deletion of the proviso to the definition of “urban area”(2)Amendment of section 8 (1) by the deletion of the words “of a declared road or”(3)Amendment of section 9 (1)— (a)by the substitution for the words “subject to the provisions of section nine bis no” of the word “No”; and(b)by the deletion of the words “a declared road or” wherever they occur(4)Repeal of sections 9bis and 17(5)Amendment of section 11—(a)by the deletion of the words “of a declared road or” wherever they occur; and(b)by the insertion of the following subsection after subsection (4): “(4A) The provisions of subsections (1), (2), (3) and (4) shall not apply in relation to land under the control of the Railway Administration.”(6)Amendment of section 13 (1) by the deletion of the words “nine bis”(7)Amendment of section 15 (1)—(a)by the substitution for the words “nine or nine bis” of the words “or nine”; and(b)by the deletion of the words “or by virtue of the provisions of subsection (2) of section nine bis”(8)Amendment of the long title by the deletion of the words “and to amend the National Roads Act, 1935” Act No. 22 of 1944 National Roads and Ribbon Development Amendment Act, 1944 Repeal of sections 1 to 10 inclusive and section 13 Act No. 44 of 1948 Transport (Co-ordination) Act, 1948 Repeal of the proviso to section 18, and, in the Schedule, of all entries relating to the National Roads Act, 1935 Act No. 36 of 1950 Finance Act, 1950 Repeal of section 27 Act No. 67 of 1955 Finance Act, 1955 Repeal of section 18 Act No. 51 of 1957 National Roads and Transport (Co- ordination) Amendment Act, 1957 Repeal of sections 1 to 6 inclusive Act No. 37 of 1958 Finance Act, 1958 Repeal of section 11 Act No. 41 of 1960 Level Crossings Act, 1960 Repeal of section 10 Act No. 76 of 1961 Finance Act, 1961 Repeal of section 6. Act No. 16 of 1962 Advertising on Roads and Ribbon Development Amendment Act, 1962 Repeal of section 4 Act No. 19 of 1962 National Roads and Transport (Co- ordination) Amendment Act, 1962 Repeal of sections 1 to 9 inclusive Act No. 83 of 1963 Finance Act, 1963 Repeal of sections 9 and 10 Act No. 80 of 1964 General Law Amendment Act, 1964 Repeal of section 2 Act No. 52 of 1965 National Roads Amendment Act, 1965 Repeal of the whole