World Heritage Convention Act, 1999 (Act No. 49 of 1999)Chapter V : Land31. Transfer and alienation of movable or immovable property, and consolidation of land |
(1)
| (a) | The Minister may, with the concurrence of the Minister of Finance, transfer any movable property belonging to the State to an Authority to enable it to perform its powers and duties or to achieve any of its objectives. |
| (b) | The Minister may, with the consent of the Minister responsible for the administration of that land in terms of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and with the concurrence of the Minister of Finance, transfer any immovable property belonging to the State to an Authority to enable it to perform its powers and duties or to achieve any of its objectives. |
| (2) | Immovable property transferred to an Authority in terms of subsection (1), may not, without the prior written approval of the Minister, granted with the concurrence of the Minister of Finance, be alienated, leased or encumbered. |
| (3) | The Minister may— |
| (a) | subject to section 40 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), consolidate land of which the State is the owner and forming part or potentially forming part of a World Heritage Site; |
| (b) | subject to section 65 of the Deeds Registries Act, 1937, register by notarial deed, entered into between the State and an owner or owners, a condition over land forming part or potentially forming part of a World Heritage Site to the effect that such land may not be separately alienated, leased or encumbered without the prior written consent of the Minister, and the said notarial deed may be accompanied by a sketch plan of such land. |
| (4) | The Minister must before giving written consent in terms of subsection (3), consult with all relevant parties, including the relevant— |
| (a) | land owners; |
| (b) | mortgage holders; and |
| (c) | cultural, nature conservation, heritage and similar public interest bodies with an interest in the area affected by the proposed action. |
(5)
| (a) | A registrar defined in section 102 of the Deeds Registries Act, 1937, must upon submission of a certificate by the Minister that land has been transferred to an Authority in terms of this section, make entries and endorsements in, or on, any relevant register or other document in his or her office to register such land in the name of the Authority. |
| (b) | Stamp duty, office fee or other fee is not payable in respect of such registration. |
(6)
| (a) | If an Authority is disestablished in terms of section 12, a registrar must, upon submission of a certificate by the Minister that land transferred to an Authority in terms of subsection (5) has been transferred back from such Authority to the State, make such entries and endorsements in, or on, any relevant register or other document in his or her office to register such land in the name of the State. |
| (b) | Stamp duty, office fee or other fee is not payable in respect of such registration. |