Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)RegulationsRegulations in terms of the Petroleum Pipelines Act, 2003 (Act No. 60 of 2003)7. Expropriation procedures and timelines |
| (1) | A licensee referred to in section 32(1) of the Act may request the Authority, in writing, to expropriate land, or any right in, over or in respect of land on his or her behalf. |
| (2) | A request referred to subregulation (1) must contain the following information: |
| (a) | the reason for the request; |
| (b) | evidence of attempts to acquire the land or right in, over or in respect of such land, by agreement with the owner; |
| (c) | reasons for failures to reach agreement with the owner of the land or a holder of any right in, over or in respect of such land; |
| (d) | reasons why the land, or any right in, over or in respect of such land is required by the licensee; |
| (e) | reasons why the acquisition of the land or any right in, over or in respect of such land is in the public interest and will enhance the Republic's petroleum pipeline infrastructure; |
| (f) | a plan of the project contemplated; and |
| (g) | specifications of the proposed land required. |
| (3) | The Authority must, in the absence of a voluntary agreement— |
| (a) | hold a public hearing to which the following persons must be invited in writing: |
| (i) | the applicant; |
| (ii) | the land owner or the holder of any right in, over or in respect of such land and if the land or any right in, over or in respect of such land is leased, the lessee of the land or any right in, over or in respect of such land; and |
| (iii) | other affected persons who must be invited by means of a notice contemplated in paragraph (b); and |
| (b) | publish a notice setting out the date, time and venue of the hearing at least two weeks in advance in a newspaper circulating in the area in which land, or any right in, over or in respect of land is situated. |
| (4) | The Authority must make a decision on an expropriation application within 60 days after the completion of the public hearing contemplated in subregulation (3). |
| (5) | The acquisition, amendment, or cancellation of an expropriation of any land or any right in, over or in respect of such land servitude by virtue of a decision of the Authority takes effect when the decision is noted in terms of the legislation applicable to the registration of title deeds. |
| (6) | The owner of any land or any right in, over or in respect of such land subject to an expropriation award made by the Authority, or the licensee concerned may apply to the Authority for the cancellation thereof— |
| (a) | if the relevant licence associated with the expropriation award is terminated; |
| (b) | if the rights and obligations in respect of the expropriation award have not been exercised for a continuous period of three years; or |
| (c) | for any other lawful reason. |