Gauteng
South Africa
South Africa
Gauteng Transport Infrastructure Act, 2001
Act 8 of 2001
- Published in Gauteng Provincial Gazette 2 on 3 January 2002
- Assented to on 19 December 2001
- There are multiple commencements
- [This is the version of this document from 20 November 2017 and includes any amendments published up to 8 November 2024.]
Provisions | Status |
---|---|
Part 1 (section 1–3); Part 2 (section 4–10); Part 3 (section 11–37); Part 4, section 38–43, section 45–49; Part 5 (section 50–51); Part 6, section 52–59, section 60(b)–(d), section 61–62 | commenced on 31 January 2003 by General Notice 405 of 2003. |
Part 1, section 1(c), (a)–(b); Part 2, section 6(3)(c)–(d), (6)(d)–(i), (7)(a)–(f), (8)(a)–(b), (12)–(13); Part 5, section 50(2)(pA), section 51A; Part 6, section 52(1A) | commenced on 16 January 2004 by Act 6 of 2003. |
Part 6, section 56(1A) | commenced on 20 November 2017 by Act 2 of 2017. |
Part 4, section 44; Part 6, section 60(a) | not yet commenced. |
- [Amended by Gauteng Transport Infrastructure Amendment Act, 2003 (Act 6 of 2003) on 16 January 2004]
- [Amended by Gautrain Management Agency Amendment Act, 2017 (Act 2 of 2017) on 20 November 2017]
Part 1 – Introductory provisions
1. Definitions and interpretation
In this act, unless inconsistent with the context—"access road" means an access road contemplated in section 13;"advertisement" means any visible representation of a word, name, letter, figure, object, mark or symbol or of an abbreviation of a word or name, or of any combination of such elements having the effect of transferring information or drawing attention to something, and includes a board or object normally used for such purposes, even though actual information is not transferred thereby, but does not include a road traffic sign;"bridge" includes a culvert, a causeway and a pedestrian bridge;"building restriction area" means, subject to section 12, the area consisting of land (but excluding land in an urban area)—(a)situated alongside a provincial road or railway line within a distance of 95 metres from the centre line of the road or rail reserve in question; or(b)situated within a distance of 500 metres from a point of intersection of a provincial road and any other road, or of a provincial road and a railway line;"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);"construct" or "construction" includes planning, design, surveying, laying out, clearing of vegetation, excavation, forming and making of transport infrastructure and the construction of a bridge or drift to service a road or railway line or proposed road or railway line, all signs and markings and necessary approaches, excavations, embankments, subways, furrows, drains, curbs, weigh-bridges and other control stations, fences, parapets, guards or drainage works within or outside such road or railway line, or other works or things forming part of or connected with or relating to such transport infrastructure; and further includes an alteration, deviation, widening, rehabilitation or improvement of such transport infrastructure;"date of expropriation" means the date on which ownership of expropriated land will pass to the Province as a result of an expropriation under section 19, as stated in a notice of expropriation in terms of section 23(1);"Department" means the Department in the Gauteng Provincial Government responsible for provincial roads;"ECA" means the Environment Conservation Act, 1989 (Act No. 73 of 1989);"fideicommissary" means a person who has the right to inherit property on the death of the registered owner of the property and whose rights are defined by the common law;"fideicommissum" means a right to inherit property on the death of the registered owner of the property within the meaning of the common law;"freeway" means a road or section of a road designated as a freeway by the MEC in terms of section 11(6) or is deemed to be a freeway under section 11(7);"interested and affected parties" includes any person or institution whose rights or interests are likely to be affected by the action or decision in question;"lessee" includes a labour tenant as defined in the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996) and a sub-lessee by virtue of a written contract of sub-lease;"maintain" or "maintenance" includes the maintenance in good order of transport infrastructure, together with all bridges, approaches and drifts within the road reserve, all road and traffic signs, signals, traffic control devices and markings, excavations, embankments, subways, furrows, drains, curbs, weighbridges, fences, parapets, guards, drainage works within or outside such infrastructure, and any other work or thing forming part of or connected with or relating to such infrastructure;"MEC" means the Member of the Executive Council of the Province contemplated in section 132 of the Constitution responsible for provincial roads;"municipality" means a municipality referred to in section 155(6) of the Constitution, and includes all categories of municipalities;"municipal road" or "municipal street" means a road under the control of a municipality in terms of section 63 of the Local Government Ordinance [Transvaal], 1939 (Ordinance No. 17 of 1939), section 84(1)(f) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), or any other law;"NEMA" means the National Environmental Management Act, 1998 (Act No. 107 of 1998;"occupier" means a person residing on land which belongs to another person and who has on 4 February 1997 or thereafter had consent or any other right in law to do so, but excluding—(a)a labour tenant as defined in the Land Reform (Labour Tenants) Act, 1996 (Act No. 3 of 1996);(b)a person using or intending to use the land in question mainly for industrial, mining, commercial or commercial farming purposes, but including a person who works the land himself or herself and does not employ any person who is not a member of his or her family; and(c)a person who has an income in excess of the prescribed amount;"owner" means, in relation to land or a registered right in land, the person in whose name such land or right is registered, and includes—(a)if the owner is deceased, the executor of the deceased estate;(b)if the estate of the owner has been sequestrated, the trustee of the insolvent estate;(c)if the owner is a company or other juristic person;(d)if the owner is a company or other juristic person that is being wound up, the liquidator thereof;(e)if the owner is under a legal disability, the owner’s legal representative;(f)the authorised representative of the owner; or(g)in the case of a road or public place under the control of a municipality, that municipality;"preliminary design" means the technical design of the vertical and horizontal alignment of a provincial road or railway line including access roads, with the aim to determine the boundaries of the road or rail reserve in terms of co-ordinates and in relation to cadastral boundaries and data, and "basic planning" has a corresponding meaning;"prescribe" or "prescribed" means prescribed by this Act or by the MEC by regulation in the Provincial Gazette-,"Province" means the Province of Gauteng;"provincial road" means the full road reserve of any road proclaimed or designated as such for the use of the general public under this Act or under a law repealed by this Act in terms of section 60, and includes a temporary deviation thereof, but excludes—(a)access roads, and(b)roads falling under the jurisdiction of a municipality in terms of this Act or any other law;"public railway transport service" means a public transport service which is a rail service as contemplated in section 1(Lxiii)(f) of the National Land Transport Transition Act, 2000 (Act No. 22 of 2000);[definition of "public railway transport service" inserted by section 1(a) of Act 6 of 2003]"rail reserve" means the full width of a railway line including stations and signalling and marshalling facilities, and other related facilities;[definition of "rail reserve" substituted by section 1(b) of Act 6 of 2003]"railway line" means rail facilities for the use of heavy or light rail and, where the context so indicates, a right of way, whether on or below the surface of the land and includes the rail reserve and a temporary deviation thereof;[definition of "railway line" substituted by section 1(c) of Act 6 of 2003]"railway system" includes the railway lines with rail reserves and stations, and the rolling stock forming part of the relevant system.[definition of "railway system" inserted by section 1(d) of Act 6 of 2003]"relevant municipality" means the municipality in whose area of jurisdiction transport infrastructure is situated and, in the case of a category B or C municipality contemplated in section 155(1)(b) or (c) of the Constitution, the municipality which by law or by agreement between the category B and category C municipalities, has control and supervision of the infrastructure in question;"road" means a road intended for vehicular or animal traffic, including cycle traffic, and includes a bridge or drift traversed by a road and intended for use in connection therewith;"road reserve" means the full width of a road, and includes the roadside and the roadway;"roadway" means that part of a road made and intended or used for traffic or reasonably usable by traffic in general;"rolling stock" means a vehicle that is able to operate on a railway, irrespective of its capability of independent motion.[definition of "rolling stock" inserted by section 1(e) of Act 6 of 2003]"route" means a route contemplated in section 6;"service provider" means any sphere of government, an institution or organ of state as defined in section 239 of the Constitution, company, corporation, or other person providing or empowered or entitled to provide services in connection with the provision of electricity, water, sewerage, gas, telephone lines, or similar services;"State" means any department of state or administration in the national, provincial or local sphere of government;"station" means a railway station or a railway passenger terminal and includes—(a)the area within a station used or to be used for facilities necessary for the operation, maintenance and administration of a railway system or activities associated therewith or incidental thereto, including, but not limited to, workshops, storerooms, administrative offices, staff accommodation, fire stations and ventilation shafts;(b)the area within the station used or to be used in connection with a railway system for parking of vehicles, parking garages, drop-off and pick-up areas, inter-modal transfer of passengers and public transport facilities including feeder and distribution services and facilities, and such commercially related land uses as are directly associated with commuter convenience, including advertising, selling of refreshments, newspapers and magazines, vending machines, public telephones and electronic banking facilities; and(c)may include other commercial or retail land uses which may only be exercised after the necessaiy land use rights have been approved in terms of the Gauteng Planning and Development Act, 2003 (Act No. 3 of 2003) and any other relevant planning legislation:[definition of "station" inserted by section 1(f) of Act 6 of 2003]"township" means an area divided into erven or plots, whether with or without public open spaces, and into streets bounded by the erven, plots or open spaces and—(a)established or recognised as a township under any law; or(b)recognised by the MEC as a township for the purposes of this Act, to the extent so recognised;"Townships Board" means the Townships Board established by section 3 of the Town Planning and Townships Ordinance, 1986 (Ordinance No. 15 of 1986) and in the event of the Townships Board being disestablished, any appeal tribunal established to hear appeals on decisions of the nature contemplated in this Act;"township owner" means the owner of a township;"traffic" includes vehicular, motor cycle, cycle, pedestrian and animal traffic;"traffic sign" means a road traffic sign as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996), and also includes a rail signal;"transport infrastructure" includes provincial roads, railway lines, railway systems, parking areas and sites, bridges, tunnels, resting places, stopping places, weighbridges, stations, sidings and other traffic control centres and facilities for the use of motor vehicles, buses, taxis or rolling stock and passengers, and includes similar or related structures, and all immovable property and servitudes, including commercial facilities, used in connection with such infrastructure;[definition of "transport infrastructure" substituted by section 1(g) of Act 6 of 2003]"urban area" means an area consisting of—(a)a township mentioned 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 destined to be used mainly for farming or horticulture or the keeping of animals or is an agricultural holding as defined in section 7 of the Agricultural Holdings (Transvaal) Registration Act, 1919 (Act No. 22 of 1919); or(iii)which consists of any other open space which has not been developed or reserved for public purposes; or(b)a township mentioned in paragraph (b) of the definition of "township" which the MEC by notice in the Provincial Gazette has declared to be an urban area for the purposes of this Act;"vehicle" or "motor vehicle" means a motor vehicle as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996).2. Standard width of provincial roads, railway lines and access roads
The statutory width of the road reserves of the various types of provincial roads and railway lines are as prescribed, subject to section 11(1).3. List of provincial roads
Part 2 – Route determination and preliminary design of provincial roads and railway lines
4. Application of this Part
This part applies where the MEC exercises the powers in terms of section 50(2)(a) in respect of the route determination and design of provincial roads or railway lines.5. Phases of route determination and design of provincial roads and railway lines
For the purposes of this part, the route determination and design of a provincial road or railway line must be carried out in the following phases:6. Determination of the route
7. Regulatory measures in respect of routes
8. Preliminary design
9. Regulatory measures in respect of accepted preliminary designs
10. Existing route planning and preliminary design of future provincial roads and railway lines
Part 3 – Proclamation of provincial roads and railway lines, expropriation and compensation
11. Proclamation of provincial roads and railway lines
12. Increase or reduction of building restriction areas
13. Proclamation of access roads
14. Endorsement of proclamations on title deeds
15. Public participation
16. Deproclamation of provincial roads, railway lines and access roads
17. Closing of provincial roads to traffic
18. Proclamation of provincial road, railway line or access road
19. Expropriation of land or rights in land
20. Entering upon or taking possession of land
21. Acquisition of material
22. Demolishing and evacuation of buildings or structures
23. Notices proclaiming roads and notices of expropriation
24. Passing of ownership in expropriated property
25. Offers of compensation
26. Duties of the owner of expropriated property
27. Payment of amount offered as compensation
28. Basis on which compensation is to be determined
29. Unregistered leases and rights of labour tenants and occupiers
30. Determination of compensation
31. Orders as to costs
32. Effect of court application or appeal
Where application has been made in terms of section 30(1) for determination of compensation or an appeal against a decision of a court has been made as contemplated in that section, the other provisions of this act shall apply as if the application or appeal had not been made.33. Bonds and unregistered rights
34. Payment of municipal taxes
35. Deposit of compensation with Master
36. Termination of unregistered rights on expropriation
All rights in respect of expropriated land not registered or recorded against the title deed thereof shall terminate on the date of expropriation and the MEC shall not be liable to pay any compensation for such rights except as specifically provided in this Act.37. Withdrawal of expropriation
Part 4 – Activities in relation to transport infrastructure
38. Closing of provincial roads on application
39. Fences, gates etc.
40. Leading of water
41. Disposal of storm water
42. Connection of roads and paths with provincial roads
43. Access to and exits from provincial roads and railway lines
44. Advertising on or visible from provincial roads and railway lines
45. Disused vehicles, refuse etc. on or near provincial roads and railway lines
46. Structures and other works on, over or below provincial roads and railway lines or certain other land
47. Trading on provincial roads and railway lines or in building restriction areas
48. MEC’s approval necessary for establishment or extension of certain townships and division of certain land
49. Mining operations on or under provincial roads and railway lines or building restriction areas
Part 5 – Powers and duties of the MEC
50. General powers and duties of MEC
51. Agreements with other authorities or persons
51A.
Part 6 – General provisions
52. General prohibitions
53. Offences and penalties
54. Regulations
55. Limitation of liability
56. Delegation, sub-contracting and agency
57. Reconsideration of MEC’s approval
Where the permission of the MEC is granted under any section of this act, the MEC may make regulations prescribing that such permission lapses after the prescribed period after the date of granting thereof unless the MEC extends it in writing, but the matter may be submitted for reconsideration to the MEC in terms of such section, and such regulations may differ in respect of permissions granted under different sections.58. Law enforcement
59. Transitional provisions
60. Repeal of Laws
The following laws are repealed to the extent indicated:61. This Act binds the state.
This Act binds the State.62. Short title and commencement
History of this document
20 November 2017 this version
16 January 2004
31 January 2003
Commenced by
Gauteng Transport Infrastructure Act: Commencement
03 January 2002
19 December 2001
Assented to
Cited documents 20
Act 20
1. | Local Government: Municipal Structures Act, 1998 | 4396 citations |
2. | Criminal Procedure Act, 1977 | 3804 citations |
3. | Deeds Registries Act, 1937 | 2814 citations |
4. | Public Finance Management Act, 1999 | 2237 citations |
5. | National Environmental Management Act, 1998 | 2192 citations |
6. | Promotion of Administrative Justice Act, 2000 | 2079 citations |
7. | National Road Traffic Act, 1996 | 1718 citations |
8. | Development Facilitation Act, 1995 | 1046 citations |
9. | National Land Transportation Transition Act, 2000 | 675 citations |
10. | Constitution of the Republic of South Africa, 1996 | 601 citations |