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Abolition of Certain Title Conditions Act, 1999 (Act No. 43 of 1999)

2. Exclusions from application of Act

 

Section 1 does not apply to any condition registered against a title, if such condition—

(a) is imposed under any town planning scheme;
(b) is imposed under a land use control mechanism having the effect of a town planning scheme;
(c) affects rights to minerals;
(d) determines a period during which a piece of land may not be alienated or transferred, if such period has not expired;
(e) determines that the ownership of a piece of land will revert to the State if that condition is breached;
(f) determines that the State may resume ownership of a piece of land for public purposes;
(g) establishes a right of pre-emption in favour of the State;
(h) was imposed as a condition of a permit or authorisation issued in terms of the Water Act, 1956 (Act No. 54 of 1956), before the repeal of that Act by the National Water Act, 1998 (Act No. 36 of 1998);
(i) relates to land owned by the State; or
(j) relates to land of which the holder of the office in question is the nominal owner, holding it in a fiduciary capacity.