| (1) |
Any claim for compensation contemplated in item 12(4) read with item 12(1) to Schedule II of the Act, must be lodged at the office of the Regional Manager in whose region the expropriated property is situated— |
| (a) |
on or before 30 April 2011 where the claimant has become aware or should reasonably have become aware on or before 30 April 2010 of the said expropriation; and |
| (b) |
in all other cases, within one year of the date when the claimant has or should reasonably have become aware of such expropriation: |
Provided that a Court may, on good cause shown, condone the late lodgement thereof.
[Regulation 82A(1) substituted by regulation 2(a) of Notice No. R. 1203 dated 30 November 2006]
| (2) |
The claim referred to in subregulation (1) must be in writing and must comply with all the requirements of item 12(2) of Schedule II of the Act, and must further; |
| (a) |
describe the property which has been expropriated in terms of the Act |
| (b) |
set out the amount of compensation claimed |
| (c) |
set out the grounds upon which it is alleged that the property concerned has been expropriated; and |
| (d) |
be signed by or on behalf of the person making the claim. |
| (3) |
In determining the quantum of compensation to be paid, the claimant must indicate, in addition to the requirements of item 12(3), the difference in nature and content between the property expropriated and the rights which have been preserved or which can be acquired in terms of the provisions of the Act. |
| (4) |
The Director-General must, within 120 days from the date of receipt of a claim referred to in subregulation (1), determine whether the claimant has a valid claim or not, and inform the claimant of his or her determination with written reasons for such determination. |
| (5) |
The claimant shall have the right to appeal the decision of the Director-General in terms of section 96 of the Act. |
| (6) |
If the Director-General determines that the claim for compensation is valid or the Minister upholds the validity of a claim on appeal, the amount of compensation and the time and manner of payment of such compensation must be— |
| (a) |
agreed to between the Director-General and the claimant, or |
| (b) |
where no agreement can be reached within 180 days of the date on which the claimant has been informed in writing of the determination of the Director-General that the claim is valid or of the upholding by the Minister of the validity of the claim on appeal, determined by a Court. |
[Regulation 82A(6) substituted by regulation 2(b) of Notice No. R. 1203 dated 30 November 2006]
| (6A) |
A claimant may not issue legal proceedings against the Minister in respect of the determination or payment of compensation for an expropriation contemplated in item 12(1) of Schedule II to the Act, unless a claim has been lodged as contemplated in subregulation (1) and |
| (a) |
the claimant has been informed of the determination of the Director-General that the claim is invalid as contemplated in subregulation (4) and the claimant has not appealed the decision of the Director-General as contemplated in subregulation (5); or |
| (b) |
where the claimant has appealed the decision of the Director-General as contemplated in subregulation (5), the claimant has been informed in writing by the Minister of the confirmation of the said decision; or |
| (c) |
the period Contemplated in subitem (6)(b) has expired. |
[Regulation 82A(6A) inserted by regulation 2(c) of Notice No. R. 1203 dated 30 November 2006]
| (7) |
To the extent that they may be applicable, the provisions of sections 10(4), (5), (7) and (8), 14, 15, 19 and 21 of the Expropriation Act 1975, (Act No. 63 of 1975) shall apply with the necessary changes to a claim made in terms of item 12(1) to Schedule II of the Act. |
[Regulation 82A(7) substituted by regulation 2(d) of Notice No. R. 1203 dated 30 November 2006]
[Regulation 82A inserted by regulation 2 of Notice No. R. 1288 dated 29 October 2004]
Stamp Duties Act, 1968 (Act 77 of 1968)
