Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)9. Prohibition of erection of structures near certain roads |
| (1) | Subject to the provisions of section 9A no person shall erect or permit the erection of any structure or any other thing which is attached to the land on which it stands, even though it does not form part of that land, or construct or lay or permit the construction or laying of anything under or below the surface of any land within a distance of ninety-five metres from the centre line of a building restriction road, or make or permit to be made any structural alteration or addition to any such structure or thing so situated, except in accordance with the permission in writing granted by the controlling authority concerned: Provided that the preceding provisions of this section shall not apply in connection with— |
| (a) | the completion of a structure whose erection was commenced on a date before the road in question became a building restriction road or before 1 June 1939, whichever date is the later; |
| (b) | a structure erected by the South African Rail Commuter Corporation Limited on land under its control; |
[Section 9(1)(b) substituted by section 30 of Act No. 52 of 1991]
| (c) | a structure or other thing erected, constructed or laid in an urban area or on, under or below an erf or lot in a township; |
| (d) | an enclosure, a fence or a wall which does not rise higher than one comma six metres above the surface of the land on which it stands; |
| (e) | a water work as defined in section 1 of the Water Act, 1956 (Act No. 54 of 1956), a farm dwelling-house or any other structure or thing on a farm intended to be used in connection with bona fide farming operations; |
| (f) | the completion of the erection, construction, laying or alteration of or any addition to any structure or other thing lawfully commenced prior to the commencement of the Advertising on Roads and Ribbon Development Amendment Act, 1962; |
and provided, further, that any permission granted under this section shall not legalize the doing of anything which is unlawful under any other law.
[Section 9(1) substituted by section 1 of Act No. 6 of 1976]
| (2) | [Section 9(2) deleted by section 3(i) of Act No. 16 of 1962] |
| (3) | A controlling authority may, in its discretion, but subject to the provisions of section thirteen grant or refuse any permission mentioned in subsection (1) for which any person has applied and if it grants such permission, it may prescribe the specifications to which the structure or other thing or alteration or addition whereto the permission relates, shall conform and the manner, place and circumstances in which and the conditions on which the structure or other thing or alteration or addition may be erected, constructed, laid or made and the obligations to be fulfilled by the owner of the land in question if such structure or other thing or alteration or addition is erected, constructed, laid or made. |
[Section 9(3) substituted by section 3(j) – (k) of Act No. 16 of 1962]
| (3)bis | If any obligation to remove a structure or other thing is so prescribed the Registrar of Deeds in question shall at the written request of the controlling authority in question note such obligation on the title deed of the land in question and in the appropriate registers. |
[Section 9(3)bis inserted by section 3(l) of Act No. 16 of 1962]
| (3)ter | The cost of so noting such an obligation shall be borne by the person to whom, in terms of subsection (3), the relevant permission was granted, and the controlling authority in question may enforce fulfilment of any obligation so noted. |
[Section 9(3)ter inserted by section 3(l) of Act No. 16 of 1962]
| (3)quat | The provisions of subsections (8) and (9) of section eleven shall mutatis mutandis apply in respect of any obligation so noted. |
[Section 9(3)quat inserted by section 3(l) of Act No. 16 of 1962]
| (4) | When a structure or any other thing or any alteration or addition has been erected, constructed, laid or made in contravention of subsection (1), the controlling authority in question may deal with that structure, thing, alteration or addition and with the person who erected, constructed, laid or made it or permitted the erection, construction, laying or making thereof, mutatis mutandis, in accordance with the applicable provisions of section four. |
[Section 9(4) substituted by section 3(m) of Act No. 16 of 1962]
| (5) | The provisions of this section shall, except in so far as they have been amended by the Advertising on Roads and Ribbon Development Amendment Act, 1962, be deemed to have come into operation on the first day of June, 1939. |
[Section 9(5) substituted by section 3(n) of Act No. 16 of 1962]