Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)

9A. Prohibition of erection of structures or construction of other things near intersections of certain roads

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(1) No person shall—
(a) on land situated within a distance of 500 m from the intersection of the centre line of—
(i) a building restriction road with the centre line of another building restriction road or any other road;
(ii) any road with the boundary of any building restriction road with which it links up,

except a national road as defined in the National Roads Act, 1971 (Act No. 54 of 1971), erect any structure or any other thing which is attached to the land on which it stands, whether or not it forms part of that land;

[Section 9A(1)(a) substituted by section 3 of Act No. 2 of 1979]

(b) construct or lay anything beneath the surface of land situated as contemplated in paragraph (a);
(c) make any structural alteration or addition to a structure erected on, or anything constructed or laid beneath the surface of, land situated as contemplated in paragraph (a);
(d) permit the erection of a structure on, or the construction or laying of anything beneath the surface of, land situated as contemplated in paragraph (a), or the making of any structural alteration or addition to a structure erected on, or anything constructed or laid beneath the surface of, land so situated,

except if it is done in accordance with a written permission granted by the controlling authority concerned: Provided that the preceding provisions of this section shall not apply in connection with

(i) the completion of the erection, construction, laying or alteration of or any addition to any structure or other thing, lawfully commenced prior to the date of commencement of this section;
(ii) a structure erected by the South African Rail Commuter Corporation Limited on land under its control;

[Section 9A(1)(ii) substituted by section 31 of Act No. 52 of 1991]

(iii) a structure or other thing erected, constructed or laid in an urban area or on, or beneath the surface of, an erf or lot in a township;
(iv) 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;
(v) 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:

Provided, further, that any permission granted under this section shall not legalize the doing of anything which is unlawful under any other law.

 

(2) The provisions of sections 9(3), (3)bis, (3)ter, (3)quat and (4) shall mutatis mutandis apply in respect of any permission referred to in, or anything done in contravention of, subsection (1).

 

[Section 9A inserted by section 2 of Act No. 6 of 1976]