Expropriation Act, 1975 (Act No. 63 of 1975)

1. Definitions

Purchase

In this Act, unless the context otherwise indicates-

"compensation court"

[Deleted by section 1(a) of Act 45 of 1992.]

"date of expropriation"

means the date of expropriation contemplated in section 7(2)(b);

"date of notice"

means the date on which a notice of expropriation is in terms of section 7(3) delivered, tendered or posted to a person or is in terms of section (5) published in the Gazette, and if such a notice in respect of the same property is so delivered, tendered or posted and published, the date on which it is so published;

"date of offer of compensation"

[Deleted by section 1(c) of Act 45 of 1992.]

"executive committee"

means the executive committee of a province mentioned in section 7 of the Provincial Government Act, 1986 (Act 69 of 1986);

"immovable property"

[Deleted by section 1(e) of Act 45 of 1992.]

"lessee"

includes a sub-lessee by virtue of a written sub-lease contract;

"local authority"

means-

a)	an institution contemplated in section 84(1)(f)(i) of the Provincial Government Act, 1961 (Act 32 of 1961);

b)	a board of management or board contemplated in section 1 of the Rural Areas Act (House of Representatives), 1987 (Act 9 of 1987);

c)	a regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act 109 of 1985);

d)	a joint services board established under section 4 of the KwaZulu and Natal Joint Services Act, 1990 (Act 84 of 1990);

e)	a local authority as defined in section 1 of the Black Local Authorities Act, 1982 (Act 102 of 1982);

f)	a local council contemplated in section 2 of the Local Councils Act (House of Assembly), 1987 (Act 94 of 1987);

g)	the Local Government Affairs Council contemplated in section 2 of the Local Government Affairs Council Act (House of Assembly), 1989 (Act 84 of 1989);

h)	a Local Development Committee established under section 28A(1) of the Development Act (House of Representatives), 1987 (Act 3 of 1987);

any institution or body established by or under the provisions of any law and which exercises powers and performs duties which, in the opinion of the Minister, correspond to the powers and duties ordinarily exercised or performed by a local authority, and which the Minister, by notice in the Gazette, declares to be a local authority for the purposes of this Act;

"Master"

in relation to particular property, means the Master of the Supreme Court appointed in respect of the area in which that property is or is situated;

"Minister"

the Minister of Public Works and, except for the purposes of section 3, includes an executive committee;

"notice of expropriation"

means a notice contemplated in section 7;

"owner"

means, in relation to land or a registered right in or over land, the person in whose name such land or right is registered, and-

a)	if the owner of any property is deceased, the executor in his estate;

b)	if the estate of the owner of any property has been sequestrated, the trustee of his insolvent estate;

c)	if the owner of any property is a company which is being wound up, the liquidator thereof;

d)	if any property has vested in a liquidator or trustee elected or appointed in terms of the Agricultural Credit Act, 1966 (Act 28 of 1966), that liquidator or trustee;

e)	if the owner of any property is otherwise under a legal disability, his legal representative;

f)	if any property has been attached in terms of an order of a court, includes the sheriff, deputy-sheriff or messenger of the court concerned, as the case may be;

g)	in relation to a holding allotted, leased, sold or granted in terms of the Land Settlement Act, 1956 (Act 21 of 1956), the person to whom it was so allotted, leased, sold or granted or his cessionary or sub-lessee;

h)	includes the authorized representative of the owner in the Republic;

i)	in the case of a public place or road under the control of a local authority, that local authority;

j)	in the case of a right of leasehold granted in terms of section 52 of the Black Communities Development Act, 1984 (Act 4 of 1984), the holder of such right;

"possess"

includes exercise a right;

"property"

means both movable and immovable property;

"public purposes"

includes any purposes connected with the administration of the provisions of any law by an organ of State;

"regulation"

[Deleted by section 1(k) of Act 45 of 1992.]

"road"

means a road as defined in the relevant provincial ordinance and includes any land acquired or used for quarries, outspans or camps or other purposes in connection with such a road;

"this Act"

[Deleted by section 1(m) of Act 45 of 1992.]