The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

Chapter 5 : Official Policies on, and Declaration, Use and Protection of, National Roads

42. State land may be made available to Agency for purpose of national road
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(1)On request made by the Agency in consultation with the Minister, the Minister of Public Works may make any State land available for transfer to the Agency for the purposes of or in connection with a national road or for any of the related purposes   mentioned in section 41(1), at a fair price. In determining a price that is fair, the criteria that are mentioned in the following provisions of section 12 of the Expropriation Act, 1975, reading in the changes necessary in the context, must be applied:
(a)Subsection (1), except paragraph (b) thereof; and
(b)subsection (5)(b), (c), (d), (e), (f) and (h).

 

(2)For the purposes of subsection (1), any reference in the provisions mentioned in paragraphs (a) and (b) of that subsection—
(a)to compensation that is to be paid, however expressed, must be interpreted as a reference to the price that is to be paid in terms of subsection (1);
(b)to property expropriated or the expropriation of property, however expressed, must be interpreted as a reference to State land made available or (as the case may be) the making available of State land, in terms of that subsection; and
(c)to a date of notice, however expressed, must be interpreted as a reference to the date of the notice by which the Minister of Public Works informs the Agency that the relevant State land has been made available to it under this section.