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RepealedThis By-law was repealed on 22 May 2015 by Transfer of Municipal Capital Assets.
This is the version of this By-law as it was when it was repealed.
Management and Administration of Immovable Property By-law, 2003
- Published in Western Cape Provincial Gazette no. 6067 on 19 September 2003
- Commenced on 19 September 2003
- [Up to date as at 28 May 2021]
- [Repealed by Transfer of Municipal Capital Assets on 22 May 2015]
1. DefinitionsIn this by-law, unless inconsistent with the context —"advertise" means the giving of adequate notice of the nature and purpose including the material substance of the matter required to be advertised, by publishing a notice in the press, and where deemed necessary by the Council, any additional form of notice, which may include:(i)serving of a notice, or(ii)displaying of such a notice on a notice board, or(iii)holding a public meeting;"alienate" means to part with ownership of immovable property in favour of another person with the intention of transferring the ownership of the immovable property to the acquirer thereof;"close" in relation to a public street or public place, means to close for all purposes or to vehicular or pedestrian traffic only;"Council" means the council of the municipality of the Swartland and includes any political structure, political office bearer, Councillor or official, acting under delegated authority;"material substance", depending on the nature of transaction, means, including, but not limited to:(i)description of the property which shall consist of an erf number, physical street address, street number, suburb and size of property in m²;(ii)zoning of property and proposed utilisation thereof;(iii)details/identification of purchaser or lessee;(iv)extent of property to be sold or leased;(v)details of transaction which shall consist of purchase price, method of payment, duration of lease, monthly rental, annual escalation, if a renewal option is exercisable, agreement of lease to be notarially registered against title;(vi)details of location where deed of sale or agreement of lease is available for inspection."municipal immovable property" means —(i)immovable property and real rights registered in the name of the municipality;(ii)immovable property and real rights the municipality is entitled to have registered in its name; and(iii)any other immovable property which, by law vests in the municipality;"municipality" means the municipality of the Swartland;"municipal area" means the area under the jurisdiction and control of the municipality;"prescribe" means a policy approved by council;"public place" means any land or portion thereof indicated on an approved plan, diagram or map as a public place of which ownership as such vests in the municipality;"public street" means —(a)any street which has at any time been —(i)used without interruption by the public for a period of at least thirty years other than as a public street;(ii)declared or rendered as such by the Council or other competent authority;(iii)constructed by the municipality; or(iv)constructed by someone other than the municipality and which vests in the municipality;(b)any land, with or without buildings or structures thereon, which is shown as a street on—(i)any plan of subdivision or diagram approved by the Council or other competent authority and acted upon, or(ii)any plan or diagram as defined in section 15 of the Land Survey Act, 1997 (Act 8 of 1997), registered or filed in the office of the Registrar of Deeds or the Surveyor-General’s office unless such land is on such plan or diagram described as a private street.
2. Ownership of Public Places and Public StreetsThe ownership of immovable property to which the community of the municipal area has or may acquire a common right and all public places and public streets and the immovable property comprised in such places and streets vest in the municipality.
3. Acquisiton of Immovable Property and Rights in Immovable Property
4. Aleination and Letting
5. Servitudes, Projections, Projecting Structures and EncroachmentsThe Council may grant servitudes and permit projection, projecting structures and encroachments in, on, over or under municipal immovable property at a tariff determined by the Council and on such terms and conditions as it may prescribe.
6. Closure of Public Places and Public Streets
7. Date of CommencementThis by-law shall commence on the date of promulgation thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Ownership of Public Places and Public Streets
- 3. Acquisiton of Immovable Property and Rights in Immovable Property
- 4. Aleination and Letting
- 5. Servitudes, Projections, Projecting Structures and Encroachments
- 6. Closure of Public Places and Public Streets
- 7. Date of Commencement
History of this By-law
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