Subdivision of Agricultural Land Act, 1970

1. Definitions

In this Act, unless the context otherwise indicates ­“advertise” means to distribute to members of the public or bring to their notice in any other manner any written, illustrated, visual or other descriptive material or oral statement, communication, representation or reference;[definition of “advertise” inserted by Act 18 of 1977]“agricultural land” means any land, except -(a)land situated in the area of jurisdiction of a municipal council, city council, town council, village council, village management board, village management council, local board, health board or health committee, and land forming part of, in the province of the Cape of Good Hope, a local area established under section 6(1)(i) of the Divisional Councils Ordinance, 1952 (Ordinance No. 15 of 1952 of that province), and, in the province of Natal, a public health area as defined in section 1 of the Local Health Commission (Public Health Areas Control) Ordinance, 1941 (Ordinance No. 20 of 1941 of the last-mentioned province), and in the province of the Transvaal, an area in respect of which a local area committee has been established under section 21(1) of the Transvaal Board for the Development of Peri-Urban Areas Ordinance, 1943 (Ordinance No. 20 of 1943 of the Transvaal), and, in South-West Africa, a peri-urban area established under section 9 of the Peri-Urban Development Board Ordinance, 1970 (Ordinance No. 19 of 1970 of South-West Africa), but excluding any such land declared by the Minister after consultation with the executive committee concerned and by notice in the Gazette to be agricultural land for the purposes of this Act;[The Local Authorities Act 23 of 1992 repealed the Peri-Urban Development Board Ordinance 19 of 1970.](b)land forming part of any area subdivided in terms of the Agricultural Holdings (Transvaal) Registration Act, 1919 (Act No. 22 of 1919), or being a township as defined in section 102(1) of the Deeds Registries Act, 1937 (Act No. 47 of 1937);[Act 22 of 1919 has no relevance to Namibia.](c)land of which the State or the administration of the territory of South-West Africa is the owner or which is held in trust by the State or a Minister or the Administrator of the said territory for any person;(d)land forming part of a scheduled Black area as defined in section 49 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), or of a released area referred to in section 2 of the said Act, or land referred to in section 4 of the South-West Africa Bantu Affairs Administration Act, 1954 (Act No. 56 of 1954);[Paragraph (d) is amended by AG 3 of 1979.][Act 56 of 1954 was originally enacted as the “South-West Africa Native Affairs Administration Act” (SA GG 5302). It became the “South-West Africa Bantu Affairs Administration Act” in South Africa by virtue of the Bantu Laws Amendment 42 of 1964 (RSA GG 801) read together with section 16(1) of the Native Laws Amendment Act 46 of 1962 (RSA GG 240). However, in South West Africa, these two laws were repealed insofar as they were applicable to South West Africa. Thus, Act 56 of 1954 was once again the “South-West Africa Native Affairs Administration Act” in South West Africa.][However, this provision uses the title “South West African Bantu Affairs Administration Act”. This provision was never specifically amended in South West Africa. AG 3 of 1979 provides that “there is hereby substituted for the word ‘Bantu’ wherever it occurs in any law as a reference to a person or persons, the word ‘Black’ or ‘Blacks’, as the context in question may require”. It is not clear if this directive would apply to the name of a law, and so the name “South West African Bantu Affairs Administration Act” has not been altered here. If AG 3 of 1979 did have the effect of altering the reference to the name of the Act to the South West Africa Black Affairs Administration Act 56 of 1954, then it must be noted that AG 3 of 1979 also amended section 3A(1) of Act 56 of 1954 to state “Any reference in any law in force in the territory, including the Eastern Caprivi Zipfel, or in any document, relating to any matter in such territory, to a Black, being a reference to a person, shall be construed as a reference to a native, and any word or expression in any such law or document connected with a Black shall be construed accordingly.” This would mean that the name “South West Africa Black Affairs Administration Act” was to be construed as the “South West Africa Native Affairs Administration Act”.][Both Act 18 of 1936 and Act 56 of 1954 were repealed by the Communal Land Reform Act 5 of 2002.](e)land to which the provisions of the Rural Coloured Areas Act, 1963 (Act No. 24 of 1963), apply, or land in the territory of South-West Africa included in the “Gebiet” as defined in section 1 of the Rehoboth Investment and Development Corporation Act, 1969 (Act No. 84 of 1969);[The Rural Coloured Areas Act 24 of 1963 was never applicable to South West Africa. The Rehoboth Investment and Development Corporation Act 83 of 1969 was repealed by the Rehoboth Investment and Development Corporation Repeal Act 15 of 1996.](f)land which the Minister after consultation with the executive committee concerned and by notice in the Gazette excludes from the provisions of this Act;[definition of “agricultural land” substituted by Act 55 of 1972 and amended by Act 18 of 1977]“executive committee” means the executive committee of a province or the territory of South-West Africa;[definition of “executive committee” substituted by Act 55 of 1972]“local authority” means any institution or body referred to in section 84(1)(f) of the Republic of South Africa Constitution Act, 1961 (Act No. 32 of 1961);[The Republic of South Africa Constitution Act 32 of 1961 was South Africa's constitution from 1961 to 1984. Although this Act had implications for South-West Africa, it does not appear to have been directly applicable as a law of South West Africa. It was repealed on 3 September 1984 by the Republic of South Africa Constitution Act, 1983, although some provisions relating to provincial government were retained under the new name of the Provincial Government Act 32 of 1961. Local authorities in Namibia are governed by the Local Authorities Act 23 of 1992.]“Minister” means the Minister of Agriculture;“prescribed” means prescribed by regulation;[definition of “prescribed” inserted by Act 18 of 1977]“right”, in relation to agricultural land, does not include any right to minerals or a prospecting or mining right;[definition of “right” inserted by Act 18 of 1977]“scheme” means a town-planning scheme prepared in terms of a provincial ordinance or an ordinance of the territory of South West Africa by an authority referred to in paragraph (a) of the definition of “agricultural land”, envisaging the co-ordinated and harmonious development of the area to which such scheme relates;[definition of “scheme” inserted by Act 18 of 1977]“Secretary” means the Secretary for Agricultural Technical Services;“statutory body” means -(a)any board or body which has been established by or under any law and whose funds consist wholly or partly of moneys appropriated by Parliament in aid of such board or body;(b)any local authority;(c)any other board or body, or any board or body belonging to a class of boards or bodies, which the Minister may by notice in the Gazette declare to be a statutory board or body or statutory boards or bodies for the purposes of this Act.

2. Actions which are excluded from application of Act

The provisions of this Act shall not apply in respect of -(a)(i)any subdivision of land for the purpose of transferring a portion thereof to the State or the administration of the territory of South-West Africa or a statutory body;(ii)the transfer of an undivided share in land to the State or the administration of the territory of South-West Africa or a statutory body;(iii)the sale or grant of any right to any portion of agricultural land to the State or the administration of the territory of South-West Africa or a statutory body;[paragraph (a) substituted by Act 55 of 1972 and by Act 18 of 1977](b)any subdivision of, or the passing of an undivided share in, any land in accordance with a testamentary disposition or intestate succession, if the testator died before the commencement of this Act;(c)the passing of an undivided share in any land in accordance with a contract entered into prior to the commencement of this Act;(d)any subdivision of any land in connection with which a surveyor has completed the relevant survey and has submitted the relevant subdivisional diagram and survey records for examination and approval to the surveyor-general concerned prior to the commencement of this Act.[The full stop at the end of paragraph (d) should be a semicolon now that it is no longer the last paragraph in section 2.](e)the registration of a lease referred to in section 3(d) in respect of a portion of agricultural land, concluded in writing prior to the commencement of the Subdivision of Agricultural Land Amendment Act, 1974.[paragraph (e) inserted by Act 55 of 1972 and substituted by Act 19 of 1974]

3. Prohibition of certain actions regarding agricultural land

Subject to the provisions of section 2 -(a)agricultural land shall not be subdivided;(b)no undivided share in agricultural land not already held by any person, shall vest in any person;(c)no part of any undivided share in agricultural land shall vest in any person, if such part is not already held by any person;(d)no lease in respect of a portion of agricultural land of which the period is 10 years or longer, or is the natural life of the lessee or any other person mentioned in the lease, or which is renewable from time to time at the will of the lessee either by the continuation of the original lease or by entering into a new lease, indefinitely or for periods which together with the first period of the lease amount in all to not less than 10 years, shall be entered into;(e)no portion of agricultural land, whether surveyed or not, shall be sold or advertised for sale, and no right to such portion shall be sold or granted for a period of more than 10 years or for the natural life of any person or to the same person for periods aggregating more than 10 years, or advertised for sale or with a view to any such granting;(f)no area of jurisdiction, local area, public health area, peri-urban area or other area referred to in paragraph (a) or (b) of the definition of “agricultural land” in section 1, shall be established on, or enlarged so as to include, any land which is agricultural land;(g)no public notice to the effect that a scheme relating to agricultural land or any portion thereof has been prepared or submitted under the ordinance in question, shall be given,unless the Minister has consented in writing.[section 3 substituted by Act 55 of 1972, Act 19 of 1974 and Act 18 of 1977]

4. Application for consent of Minister, and imposition, enforcement or withdrawal of conditions by him

5. Succession

6. Duties of Surveyor-General and Registrar of Deeds in application of Act

6A. Registration of servitudes

7. Entry upon and investigations on land

The Secretary may either generally or in any particular case authorize any person to enter upon any land at all reasonable times and to carry out thereon such investigations or to perform thereon such other acts as are necessary or expedient for achieving the objects of this Act.

8. Delegation of powers

9. Payment of duties or fees

No duties or fees of office shall be payable in respect of any document drawn up for the purposes of this Act and lodged in a registration office for registration or filing.

10. Regulations

11. Offences and penalties

Any person who -(a)in any application for the purpose of this Act makes any statement which is false in any material respect, knowing it to be false, or fails to disclose any information with intent to deceive;(b)hinders or obstructs in the performance of his functions any other person acting under an authority from the Secretary in terms of section 7;(c)contravenes or fails to comply with a condition imposed in terms of section 4(2);(cA)contravenes the provisions of section 3(d) with regard to the entering into of a lease contemplated therein;[paragraph (cA) inserted by Act 19 of 1974](d)contravenes the provisions of section 3(e),shall be guilty of an offence and on conviction liable to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 2 years, and in addition, in the case of an offence contemplated in paragraph (c) or (d), to a fine not exceeding R50 in respect of each day on which the offence continues.[section 11 substituted by Act 55 of 1972 and amended by Act 18 of 1977]

12. Insertion of section 3A in Act 10 of 1944

The following section is hereby inserted in the Provincial Powers Extension Act, 1944, after section 3:"3A. Application of ActThe provisions of sections 1, 2 and 3 shall not apply in respect of agricultural land as defined in section 1 of the Subdivision of Agricultural Land Act, 1970: Provided that the provisions of this section shall not affect any condition contemplated in subsection (2) of the said section 3.”.

13. Validity of permits

A permit issued under section 8(1)(a)(ii) or (iii) of the Environment Planning Act 1967 (Act No. 88 of 1967), or a similar document issued under a provincial ordinance or an ordinance of the territory of South West Africa, prior to the commencement of this Act and still of force and effect at such commencement, shall be deemed to be a written consent granted by the Minister in terms of section 3 of this Act, and the conditions (if any) subject to which such permit or document was issued in terms of the first-mentioned Act or the ordinance in question, shall be deemed to be conditions imposed by the Minister in terms of section 4(2) of this Act in connection with such consent.[Section 13 is substituted by Act 18 of 1977. The Environment Planning Act 88 of 1967 was not applicable to South West Africa.]

14. Application of Act in South-West Africa

This Act and any amendment thereof shall also apply in the territory of South-West Africa.

15. Short title and commencement

This Act shall be called the Subdivision of Agricultural Land Act, 1970, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.