South Africa
Special Economic Zones Act, 2014
Act 16 of 2014
- Published in Government Gazette 37664 on 19 May 2014
- Assented to on 16 May 2014
- Commenced on 9 February 2016 by Special Economic Zones Act, 2014: Commencement
- [This is the version of this document from 19 May 2014.]
Chapter 1
Definitions, objects and application
1. Definitions
In this Act, unless the context indicates otherwise—"Advisory Board" means the Special Economic Zones Advisory Board established by section 7;"company" means a company as defined in section 1 of the Companies Act, 2008 (Act No. 71 of 2008);"Department" means the Department of Trade and Industry;"Director-General" means the Director-General of the Department or his or her authorised representative;"industrial development zone" means a purpose built industrial estate that leverages domestic and foreign fixed direct investment in value-added and export-oriented manufacturing industries and services;"licensee" means the holder of a Special Economic Zone licence issued in terms of section 23(6);"Minister" means the Minister responsible for trade and industry;"municipal entity" means a municipal entity as defined in section 1 of the Municipal Systems Act;"Municipal Finance Management Act" means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"operator" means the holder of a Special Economic Zone operator permit issued in terms of section 32(4);"operator permit" means an operator permit issued in terms of section 32(4);"prescribed" means prescribed by regulation made in terms of section 41;"public entity" means a public entity as defined in section 1 of the Public Finance Management Act and listed in Schedules 2 and 3 to that Act;"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);"public-private partnership" means a public-private partnership contemplated in regulation 16 of the Treasury Regulations issued in terms of the Public Finance Management Act or section 120 of the Municipal Finance Management Act and any regulations issued in terms of the last-mentioned Act;"Special Economic Zone" means an area designated as the Special Economic Zone in terms of section 23(6);"Special Economic Zone Board" means the board of directors of an individual Special Economic Zone entity appointed in terms of section 25(5);"this Act" includes any regulation made in terms of section 41;"value adding" or "value added" includes the enhancement of, packaging or re-packaging of and beneficiation added to a product before the product is offered to the end-user.2. Objects of Act
The objects of this Act are to provide for—3. Application of Act
This Act applies to Special Economic Zones established in the Republic in terms of this Act.Chapter 2
Purpose, policy and strategy of Special Economic Zones
4. Purpose of Special Economic Zones
5. Special Economic Zones policy
The Minister may determine policy for the designation, promotion, development, operation and management of Special Economic Zones after consultation with the Advisory Board and may, when necessary, review such policy.6. Special Economic Zones strategy
Chapter 3
Special Economic Zones Advisory Board
7. Establishment of Special Economic Zones Advisory Board
8. Terms of office of Advisory Board members
9. Disqualification from membership of Advisory Board
A person may not be a member of the Advisory Board if that person—10. Vacation of office and filling of vacancies on Advisory Board
11. Functions of Advisory Board
12. Fiduciary duties of Advisory Board members
A member of the Advisory Board—13. Code of good conduct and disclosure of interests by Advisory Board members
14. Meetings of Advisory Board
15. Resolution of Advisory Board without meeting
16. Committees of Advisory Board
17. Secretariat of Advisory Board
The Director-General must—18. Expenditure, remuneration and allowances paid to members of Advisory Board and committees
19. Dissolution of Advisory Board
Chapter 4
Financing and support measures
20. Special Economic Zones Fund
21. Support measures
22. Implementation protocol
Chapter 5
Designation of Special Economic Zones
23. Application for designation
24. Designation of Special Economic Zones
25. Governance and management of Special Economic Zone
26. Strategic plan for Special Economic Zone
27. Business and financial plan of Special Economic Zone
A Special Economic Zone Board must, at least two months before the end of each financial year or at a later date determined by the Minister, submit to the Minister for approval a business and financial plan—28. Reporting and financial statements of Special Economic Zone
29. Taking over administration of Special Economic Zone
30. Withdrawal of designation
Chapter 6
Special Economic Zone operator
31. Special Economic Zone operator
32. Application for Special Economic Zone operator permit
33. Requirements for application for Special Economic Zone operator permit
34. Special Economic Zone operator permit
35. Functions of Special Economic Zone operator
The operator must, on behalf of the Special Economic Zone Board—36. Suspension or withdrawal of Special Economic Zone operator permit
37. Transfer of Special Economic Zone operator permit
38. Application to locate in Special Economic Zone
Chapter 7
General provisions
39. Transitional provisions and savings
40. Guidelines
41. Regulations
42. Short title and commencement
This Act is called the Special Economic Zones Act, 2014, and comes into operation on a date determined by the President by proclamation in the Gazette.History of this document
09 February 2016
Commenced by
Special Economic Zones Act, 2014: Commencement
19 May 2014 this version
16 May 2014
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Special Economic Zones Regulations, 2018 | Government Notice 390 of 2018 |
Cited documents 5
Legislation 5
1. | Local Government: Municipal Systems Act, 2000 | 4375 citations |
2. | Public Finance Management Act, 1999 | 2174 citations |
3. | Companies Act, 2008 | 1819 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1662 citations |
5. | Customs and Excise Act, 1964 | 909 citations |