(1)
| (a) |
If a river, other than a tidal river as defined in section 1 of the Sea-shore Act, 1935 (Act No. 21 of 1935), constitutes a boundary of any piece of land, that piece of land shall be deemed to extend to the middle of the river, unless— |
| (i) |
it is stated in clear and unequivocal terms in the title deed or on the original diagram or general plan of that land that a particular bank of the river constitutes that boundary; |
| (ii) |
it is stated in clear and unequivocal terms in the title deed or on the original diagram or general plan of land contiguous to the first-mentioned land and separated therefrom by the river, that the entire river bed forms part of the contiguous land; |
| (iii) |
the inclusion of any part of the river bed in that land would cause that boundary to fall beyond the territorial limits of the grantor as they existed at the time when the grant of that land was made; or |
| (iv) |
the Surveyor-General is in possession of information indicating that the inclusion of any part of the river bed in that land would be invalid: |
Provided that in the case of the Orange and Vaal Rivers the middle of the river shall not be deemed to be the boundary until the Surveyor-General, in consultation with the Chief Surveyor-General and the Minister, has certified that no evidence has been adduced whereby any presumption that that piece of land extends to the middle of the river may be rebutted.
| (b) |
The Surveyor-General shall endorse the diagram or general plan of a piece of land of which the relevant boundary is deemed to be the middle of the river in terms of paragraph (a) to the effect that the middle of the river is the boundary on the written application of the owner. |
| (c) |
If the Surveyor-General is satisfied that on the grounds of paragraph (a)(i), (ii), (iii) or (iv) any bank of a river constitutes the boundary of a piece of land, he or she may, on the written application of the owner of that piece of land, endorse the diagram or general plan of that piece of land to the effect that that bank is the boundary. |
| (d) |
If a diagram representing a piece of land or any subdivision thereof, in respect of which the presumption contained in paragraph (a) is applicable, is submitted for approval and the Surveyor-General deems it necessary that the said diagram be, prior to its approval, endorsed in terms of paragraph (b), he or she shall call upon the owner of that piece of land, or subdivision thereof, to submit a written application as contemplated in paragraph (b) and shall upon receipt of the application endorse that diagram in terms of that paragraph. |
(2)
| (a) |
If the Surveyor-General is of the opinion that the river boundary of an existing subdivision of a piece of land coincides with a part or the whole of the river boundary of that piece of land as originally granted, he or she may, notwithstanding evidence to the contrary, give effect to the terms of an agreement lodged with him or her in terms of paragraph (b) in respect of that subdivision. |
| (b) |
The owner of a subdivision to which paragraph (a) relates may lodge with the Surveyor-General an agreement as far as practicable in accordance with the Form set out in Schedule I to this Act setting out in clear terms, as prescribed, that the middle of the river is acknowledged as being the river boundary of that subdivision. |
| (3) |
For the purpose of this section "river" includes a watercourse, stream, spruit, donga or similar natural feature, whether the flow of water in it is of a perennial nature or not, and which is indicated as a boundary of a piece of land on a diagram or general plan filed in the office of the Surveyor-General or in the deeds registry, or which is described as the boundary of a piece of land in a title deed registered in the deeds registry. |
Gas Regulator Levies Act, 2002
