eSwatini
Ancillary Rights Act, 1950
Act 59 of 1950
- Commenced on 3 November 1950
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Ancillary Rights Act, 1950.2. Interpretation
In this Act, unless inconsistent with the context—“Swazi area” means any piece of land set apart for the exclusive use and occupation of the Swazi people under the Concessions Partition Act, No. 28 of 1907;“ancillary right” means a right subsidiary to the main object of a concession or deemed to be granted for the better carrying out of such object;“concession” means any grant of land or the use thereof for agricultural, mining or grazing purposes, or any grant of minerals or mineral products or timber made by or on behalf of the King or Paramount Chief of Swaziland and confirmed, either by the late Chief Court, of Swaziland or by the High Commissioner under Part III of the Concessions Act, No. 3 of 1904, and shall include any rights originally included in any grant so made and confirmed which has become vested in or been expropriated on behalf of the Crown, whether or not such grant has been cancelled;“date” or “dated” as applied to a concession or right refers to the date on which such concession or right was granted or created, such date in the cases of concessions to which section 9 of the Concessions Act applies being determined in accordance with the provisions of that section:Provided however in the case of concessions confirmed by the High Commissioner under Part III of the Concessions Act such terms shall refer to the date of such confirmation; and in the case of rights originally granted by a concession which has become vested in or been expropriated on behalf of the Government of Swaziland, such terms shall refer to the date of such concession whether or not such concession has been cancelled; and in the case of a freehold title issued under the Concessions Partition Act such terms shall refer to the date of the concession on which such title is founded, and in the case of rights attaching to a Swazi area such terms shall refer to the date of the concession granting the land or the use of the land on which the Swazi area is demarcated;“land proprietor” means the proprietor of a land right;“land right” means and includes—(a)the right to land derived from a concession making a grant of land;(b)the right to land derived from a concession giving a lease of land or grant of land for a limited period;(c)the right to land derived from a freehold grant of land made under the Concessions Partition Act or otherwise;(d)any right of the Crown to land vested in the Crown as Crown land whether under a condition or otherwise;(e)the right of the Swazi people to the use and occupation of any Swazi area;but does not include the right to graze or to cut timber on any land;“later-dated mineral concession” means a mineral concession which is dated after the land, grazing or other concession over the same area;“mineral concession” means a concession giving a right to precious or base metals, precious stones, minerals or mineral products on any piece of land;“mining operations” means carrying out operations to win minerals or mineral products from the earth, and shall include all excavating necessary for that purpose;“Minister” means the Minister responsible for crown lands;“prior-dated mineral concession” means a mineral concession which is dated before the land, grazing or other concession, as the case may be, over the same area;“proprietor” includes land proprietor, and means any person in whose name is registered in the Deeds Office of Swaziland any concession or any land right; and if such person has disposed of the whole or part of his rights by lease or other document registered against title, it includes the person registered as the holder of such lease or document; it further includes the legal representative of any such person who has died, become insolvent, is a minor, is of unsound mind or is otherwise under disability.3. Swazi areas
4. Power to cancel
5. Notice of cancellation
Immediately upon the exercise of the power to cancel contained in section 4 hereof, the Minister shall give notice thereof in the Gazette and shall give notice in writing thereof to every proprietor of a prior-dated mineral concession whose rights are cancelled by the decision:Provided that failure to give such notice in writing shall not invalidate the cancellation.6. Appeals
History of this document
01 December 1998 this version
Consolidation
03 November 1950
Commenced
Cited documents 2
Act 2
| 1. | Concessions Act, 1904 | 11 citations |
| 2. | Concessions Partitions Act, 1907 | 8 citations |