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The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

1. Definitions



In this Act, unless inconsistent with the context—



means  a  visible  representation  of  a  word,  name,  or abbreviation of a word or name, or any visible representation of a letter, figure, object, sign or symbol, or a light not intended for illumination or as a warning against danger, but does not include a road traffic sign;


‘‘building restriction area’’

means the area consisting of land (but excluding land in an urban area)—

(a) situated alongside a national road within a distance of 60 metres from the boundary of the national road; or
(b) situated within a distance of 500 metres from any point of intersection;


‘‘Chief Executive Officer’’

means the Chief Executive Officer of the Agency contemplated in section 19;


‘‘Companies Act’’

means the Companies Act, 1973 (Act No. 61 of 1973);



with regard to a road, including a national road, includes to widen, divert, alter, repair, upgrade and expand;



means the Department of Transport in the national sphere of government;


‘‘incorporation date’’

means the date on which the Agency is incorporated as a company in accordance with section 3 and issued with a certificate to commence business;


‘‘interprovincial bridge’’

means a bridge across the boundary between adjoining provinces of the Republic;


‘‘interstate bridge’’

means a bridge across the boundary between the Republic and any adjoining country;



includes a real right in or over any land;



means the Minister of Transport in the national sphere of government;



(a) until the legislation envisaged in section 155(2) of the Constitution takes  effect,  means  any  local  government  body  vested  with municipal legislative and executive jurisdiction (whether on an exclusive or a shared basis) in respect of a particular area in terms of the Local Government Transition Act, 1993 (Act No. 209 of 1993), in compliance with section 155(1) of the Constitution;
(b) as from the date when that legislation takes effect, means any municipality as contemplated in that legislation;


‘‘national road‘‘


(a) any road or route declared a national road under section 40(1); and
(b) includes any road or route which, in terms of section 40(5), is regarded and treated as a national road so declared; and
(c) includes any part of the road which is a toll road as defined in this section, as well as any ‘‘interprovincial bridge’’ and ‘‘interstate bridge’’ as so defined which is used in conjunction with a national road;


‘‘point of intersection’’

means the point where the centre line—

(a) of a national road meets the centre line of any road crossing the national road; or
(b) of any road meets the boundary of any national road with which it links up;



includes the member of the Executive Council of a province designated by the Premier of the province for the purposes of this Act;



means prescribed from time to time by regulation;


‘‘previous Act’’

means the National Roads Act, 1971 (Act No. 54 of 1971), and, where appropriate, includes any other law amended or repealed by this Act;


‘‘public road’’

means a road which the public has the right to use;



means any regulation made and in force under section 58(1), and includes any regulation mentioned in section 58(3), for as long as it continues in force under section 58(3);



means a public road and includes, in addition to the roadway—

(a) the land of which the road consists or over which the road reserve in question extends;
(b) anything on that land forming part of, connected with, or belonging to the road; and
(c) land acquired for the construction of a connection between a national road and another road;


‘‘the Agency’’

means the national roads agency envisaged for the Republic by section 2 and which in terms of that section, is established by the incorporation of a company, named The South African National Roads Agency Limited, in accordance with section 3;


‘‘the Board’’

means the Agency’s Board of Directors contemplated in section 12;


‘‘the Constitution’’

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);


‘‘the South African Roads Board’’

means the South African Roads Board established by section 2 of the South African Roads Board Act, 1988 (Act No. 74 of 1988);


‘‘this Act’’

includes the Schedules and the regulations;


‘‘toll plaza’’

means a structure on a toll road where toll is payable in terms, of this Act, or any electrical, electronic or mechanical device on a toll road for recording the liability to pay toll, or any combination of such a structure and such a device, and includes a toll gate;


‘‘toll road’’

means any toll road declared under subsection (1)(a) of section 27, the declaration of which is effective in terms of subsection (2) of that section, and includes any national road or portion of a national road (whether with or without any bridge or tunnel thereon) which, in terms of section 27(6), must be regarded and treated as a toll road;



means an area divided into erven or plots, whether with or without public open spaces, and into streets bounded by the erven, plots or open spaces and—

(a) established or recognised as a township under any law; or
(b) recognised by the Agency as a township for the purposes of this Act, to the extent so recognised;


‘‘urban area’’

means any area consisting of—

(a) a township mentioned in paragraph (a) of the definition of ‘‘township’’, but excluding land in that area—
(i) which is commonage land; or
(i) which is used or destined to be used mainly for farming or horticulture or the keeping of animals; or
(ii) which consists of any other open space which has not been developed or reserved for public purposes; or
(b) a township mentioned in paragraph (b) of that definition which the Agency by notice in the Gazette has declared to be an urban area for the purposes of this Act.