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Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940)

1. Definitions

 

In this Act, unless inconsistent with the context—

 

"Administrator"

in so far as a provision of this Act is applied in or with reference to a particular province, means the competent authority to whom the administration of this Act has under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), been assigned in that province;

[Definition substituted by Proclamation 23, Schedule - Item 1(a), in Government Gazette 16340 dated 31 March 1995]

 

"advertisement"

means any visible representation of a word, name, letter, figure or object or of an abbreviation of a word or name, or of any sign or symbol; or any light which is not intended solely for illumination or as a warning against any danger;

 

"board"

[Definition deleted by section 29 (Schedule) of Act No. 54 of 1971]

 

"building restriction road"

means any public road which the Administrator concerned has proclaimed as a building restriction road under section seven and which he has not deproclaimed as such;

 

"controlling authority"

means, in relation to a road, the Administrator concerned: Provided that in relation to any road within the region of a Regional Services Council in the province of Eastern Cape, Northern Cape, North-West or Western Cape, the said Council shall be the controlling authority if the Administrator of that province is satisfied that the said Council is able and willing to carry out efficiently the functions entrusted to a controlling authority under this Act and has authorized that Council in writing to act as such controlling authority; and provided further that the Administrator may at any time withdraw that authorization and thereupon the Administrator shall again be the controlling authority in relation to the road in question;

[Definition substituted by Proclamation 23, Schedule - Item 1(b), in Government Gazette 16340 dated 31 March 1995]

 

"declared road"

[Definition deleted by section 29 (Schedule) of Act No. 54 of 1971]

 

"main road"

means a public road which is a main road in terms of any law in force in the province in which the road in question is situate, or any public road which has been constructed or has at any time been maintained by or under the authority of an Administrator by means of funds at his disposal, and from which he has not withdrawn his control: Provided that any public road on which any labour has been expended shall, for the purposes of this Act, be deemed to be a main road, unless it is proved not to be a main road;

[Definition substituted by section 29 (Schedule) of Act No. 54 of 1971]

 

"Minister"

in so far as a provision of this Act is applied in or with reference to a particular province, means the Premier of that province;

[Definition substituted by Proclamation 23, Schedule - Item 1(c), in Government Gazette 16340 dated 31 March 1995]

 

"occupier"

in relation to any land, means any person who is in actual occupation of that land and if no person is in actual occupation thereof, any person who whether as owner, lessee, licensee or otherwise has, for the time being, control of that land;

 

"province"

means a province established in terms of section 124 of the Constitution of the Republic of South Africa, 1993;

[Definition inserted by Proclamation 23, Schedule - Item 1(d), in Government Gazette 16340 dated 31 March 1995]

 

"public road"

means any road declared a public road in terms of any law, but does not include a national road as defined in the National Roads Act, 1971;

[Definition substituted by section 1(a) of Act No. 2 of 1979]

 

"road"

means a road (other than a railroad) which is intended for the passage of vehicles, and includes a bridge or ford in the line of, and intended to be used in connection with, a road and any land which, in terms of any law, has been reserved, set aside, designated or defined as a road or a part of a road or as a place intended for the erection of any structure or for the making of any excavation or for the carrying out of any other work in connection with a road, or for the passage of vehicles belonging to any particular class or for the passage of pedestrians or animals alongside a road: Provided that if the width of a road, including any such land as aforesaid, has not been determined by or in terms of any law, that road shall be deemed, for the purposes of this Act, to comprise the strip of land, 32 m wide, whose centre line coincides with the centre line of that part of the road over which vehicles ordinarily pass or which is intended for the passage of vehicles;

[Definition substituted by section 1(b) of Act No. 2 of 1979]

 

"township"

means a group of erven or lots, with or without public open spaces, excluding commonage land and land which consists of any other open space which has not been developed or reserved for public purposes, which has been established or recognized under any law as a township or village, if those erven or lots are used or are intended to be used mainly for purposes other than farming, horticulture or the keeping of animals, or any village not established or recognized under any law as a township, which has been recognized by the controlling authority concerned, for the purposes of this Act, as a township;

[Definition substituted by section 1(a) of Act No. 43 of 1985]

 

"urban area"

means the area consisting of the erven or lots, with or without public open spaces, excluding commonage land and land which consists of any other open space which has not been developed or reserved for public purposes and of the streets bounded by erven or lots or such public open spaces in a city, borough, town, village or township which is under the jurisdiction of a city council, municipal council, village council, town board, village management board, local board, local administration and health board, or health committee, and includes such an area as aforesaid under the jurisdiction of any other local authority which the Administrator concerned has, by notice in the Provincial Gazette, declared to be an urban area for the purposes of this Act.

[Definition substituted by section 1(b) of Act No. 43 of 1985]