EXTRAORDINARY BUITENGEWONE

REPUBLIC OF SOUTH AFRICA

GOVERNMENT GAZETTE

STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA

Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoo! Geregistreer

Price tOe Prys Overseas 15c Oorsee

POST FREE-POSVRY

CAPE TOWN. 10TH APRIL, 1968. [No. 2038. Vol. 34.)

KAAPSTAD. 10 APRIL 1968.

DEPARTMENT OF THE PRIME MINISTER. DEPARTEMENT VAN DIE EERSTE MINISTER.

No. 570.] [lOth April, 1968. No. 570.] [10 Aprill968.

It is hereby notified that the Acting State President has mented to the following Acts which are hereby published "or general information:-

PAGE

No. 32 of 1968: University of the Witwatersrand, Jo-hannesburg, (Private) Act, 1968 . . 3

Hierby word bekend gemaak dat die W aarnemende Staatspresident sy goedkeuring geheg het aan die onder-staande Wette wat hierby ter algemene inligting gepubliseer word:-

BLADSY

No. 32 van 1968: Private Wysigingswet op die Uni-versiteit van die Witwatersrand, Johannesburg, 1968 4

No. 33 of 1968: Cape of Good Hope Savings Bank Society Act. 1968 .. 9 No. 33 van 1968: Wet op die Spaarbankgenootskap

Kaap die Goeie Hoop. 1968 10 ~o. 34 of 1968: Waterval River (Lydenburg) Act, 1968 41

~o. 35 of 1968: War Graves Amendment Act, 1968.. 45

No. 36 of 1968: Transkei Constitution Amendment Act, 1968 . . 49

No. 38 of 1968 : Railway Construction Act, 1968 . . 53

No. 34 van 1968: Wet op die Watervalrivier (Lyden-burg), 1968 . . 42

No. 35 van 1968: Wysigingswetop0orlogsgrafte, 1968 46

No. 36 van 1968: Wysigingswet op die Transkeise Grondwet, 1968 . . 50

No. 38 van 1968: Spoorwegaanlegwet, 1968 .. . . 54

Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is

printed on uneven numbered pages.

EstellegRectangle

EstellegRectangle

EstellegRectangle

GOVERNMENT GAZETfEEXTRAORDINARY, lOTH APRIL, 1968 No/ 2038 41

No. 34, 1968.]

ACT To annul an order made by the water court for Water Court

District No. ll relating to the definition and recording of rights to the use of the water of the Waterval River, in the district of Lydenburg, Transvaal; to provide for the supply and distribution of water from the said river under sections 56 (3) and 62 (1) of the Water Act, 1956; and to provide for other incidental matters.

(English text signed by the Acting State President.) (Assented to 21th March, 1968.)

WHEREAS the Waterval River irrigation district and board were established by Proclamation No. 287 of 1949:

AND WHEREAS there is · at present in force an order made by the water court for the Water Court District No. 22 on the seventh day of October, 1918, in the matter of the application of T. H •. Byme relating to the definition and recording of rights to the use of the water of the Waterval River in the district of Lyden burg, Transvaal:

AND WHEREAS the existing supply of water which can be obtained from the said Waterval River without additional storage is insufficient to meet the requirements of riparian owners: · ·

AND WHEREAS the Minister of Water Affairs has prepared a scheme for the construction of a major storage dam in the said Waterval River and is investigating the possibility and advisability of the construction of further storage dams on the river with a view to supplementing the water available for use by. riparian owners and . to placing existing development on a sound and economic basis:

AND WHEREAS ii is necessary that the said order of court be annulled in order to enable the said Minister to control the abstraction, distribution or use of the water available in · the· said river and of the additional water which will become available as a result of the construction of the s~id storage dam:

· AND WHJlREAS it is expedient to provide for the basis on which permits are to be issued under section 62 (1) of the Water Act, 1956:

. AND WHEREAS it is expedient to provide for the application of section 56 (3) of the said Act to water flowing or found in or derived from the said river: • ·

AND W'lliRBA.s it is expedient to provide for other incidental matters: · ·.· ·

BE IT THEREFORE ENACTED by.thc State Presiden~ the Senate and the House of Assembly. of the Republic of

South Africa, as follows:-.

1. In this Act, unless the context indicates otherwise- Definitions.

GOVERNMENT GAZETTE EXTRAORDINARY, lOTH APRIL, 1968 No. 2038 43

"irrigation district" means the Waterval River irrigation district established by Proclamation No. 287 of 1949;

"Water Act" means· the Water Act, 1956 (Act No. 54 of 1956); .

"Waterval River" means the Waterval River in the district of Lydenburg, Transvaal, , .

and any other expression to which a meaning has been assigned in the Water Act bears, when used in this Act, the same meaning.

2. The order made by the water court for the Water Court Annulment District No. 22 on the seventh day of October, 1918, in the of water matter of the application ofT. H. Byrne relating to the definition court order .

. and recording of rights to the use of the water of the Waterval River, shall cease to be of force and effect. . ·

3. (1). The owner of any piece of land appearing in the Pe~ts under schedule of rateable areas for the irrigation district, shall be s~cW~ 62~1~ entitled to a permit to be issued by the Minister on such condi- 0 a er c. · tions as he may deem fit to impose, to enable such owner annually to abstract, impound or store from the Waterval River such quantity of water as the Minister may consider sufficient for the irrigation of each morgen of such piece of land scheduled in terms of section 88 (1) (b) (ii) of the Water Act at the date on which the irrigation district became part of a Government water control area.

(2) Any permit issued under subsection (1) shall be deemed to have been issued under section 62 (1) (b) of the Water Act.

4~ In the Government water control area in whic}l the irriga- ApJ:!Iication of tion district falls, all water flowing or found in or derived from s}cW~ 56~3~ t the Waterval River shall for the p~rposes of section 56 (3) of the ~atera i~wi;g :r Water Act be deemed to be water m a Government water work. found in or ·

· derived from Waterval River. ·

5, This Act shall be called the Waterval River (Lydenburg) Short title . Act, 1968, and shall come into operation on a date to be fixed and date of t b h S P · 'd b 1 · · h · G · ·fi h commencemen • yt e tate rest ent y proc amation m t e azette, a ter t e . Minister has under the provisions of section 56 (1) of the Water Act constructed a. storage dam. in the Waterval River. · ·