Rights of Way (Cancellation) Act, 1962
Act 16 of 1962
- Commenced on 13 April 1962
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Rights of Way (Cancellation) Act, 1962.
2. InterpretationIn this Act, unless the context otherwise requires—“Board” means the Rights of Way Advisory Board;“Minister” means the Minister for Agriculture.
3. The BoardThere is hereby created a Board to be known as the Rights of Way Advisory Board, hereinafter called the Board.
4. Membership of the BoardThe Board shall consist of a chairman and two members all of whom shall be appointed by the Minister and who shall hold office for such period as he may decide.
5. Meetings of the BoardThe Board shall meet at such places and times as the chairman shall decide, and two members of the Board shall form a quorum.
6. Functions of the BoardThe functions of the Board shall be to—
7. Rights and duties of MinisterIf the Minister on information supplied to him by any person, is of the opinion that a right of way has been replaced by a public road or has ceased to be of use to the general public, he shall—
8. Procedure if objections lodged
9. Procedure if objections succeedIf after receiving the report and recommendation of the Board the Minister in his discretion, decides that the right of way is of value to the general public, no further steps shall be taken for its cancellation.
10. Procedure if no objections lodged or if objections failIf no objections are lodged with the District Commissioner following the publication of the notice set out in section 7 or if after hearing the report and recommendations of the Board, the Minister in his discretion, decides that the right of way is of no further value to the general public, he shall cancel the right of way.
11. Manner of cancellation
12. Duty of Registrar of DeedsUpon receipt of the Gazette giving notice of the cancellation of a right of way, the Registrar of Deeds shall cause a note thereof to be entered in his records and from such time no subsequent deeds of transfer shall refer to the right of way.
13. Duty of Surveyor-GeneralUpon cancellation of a right of way, the Minister shall forward to the Surveyor-General a copy of the Gazette authorising the cancellation, and the Surveyor-General shall thereupon cause all reference to such right of way to be deleted from his diagrams.
14. Amendment of records in terms of Chapter 207
History of this document
01 December 1998 this version
13 April 1962