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South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998)

Chapter 4 : Finance

Part 1 : General

32. Transfer of land, etc., to Authority

 

(1) Where the Minister for the purposes of this section determines and describes any land owned by the State by notice in the Gazette, such land is transferred to the Authority on the date specified in the notice, not being earlier than the date of publication of the notice.

 

(2) Despite section 5 of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and section 18 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar must, on submission of a certificate by the Minister that State land has been transferred under subsection (1), make such entries and endorsements free of charge as the registrar considers necessary in or on any appropriate register, title deed or other document in his or her office or laid before him or her, in order to register the transfer of such land in the name of the Authority.

 

(3) A registrar must, on submission of a certificate by the Minister that a servitude, other real right or lease has been transferred under subsection (1) or that a servitude exists over State land that has been transferred under that subsection, make such entries and endorsements free of charge as the registrar considers necessary in or on any appropriate register, title deed or other document in his or her office or laid before him or her, in order to—
(a) register the transfer of such servitude, other real right or lease in the name of the Authority; or
(b) confirm the existence of the servitude over the State land so transferred in favour of any other person.

 

(4) Despite anything to the contrary in any law contained, a servitude or other real right in respect of State land transferred to the Authority under subsection (1) may not be acquired by prescription.

 

(5) In this section "registrar" means a registrar as defined in section 102 of the Deeds Registries Act, 1937.