(1) A permit authorizing the subdivision of any property may, subject to this section, include conditions requiring the owner of the property— (a) to set aside land for road purposes; and
(b) to do any one of the following—
(i) to set aside for public purposes the prescribed percentage of the land covered by subdivisions; or
(ii) to pay to the appropriate authority the prescribed percentage of the value of each subdivision, excluding the value of any improvements on the subdivision, at the date of its disposal; or
(iii) to set aside for public purposes a percentage of the land covered by subdivisions which is less than the prescribed percentage and to pay to the appropriate authority a percentage of the value of each subdivision, excluding the value of any improvements on the subdivision, at the date of its disposal, the last-mentioned percentage being equal to the difference between the percentage of the land so set aside and the prescribed percentage. (2) Where land is set aside in terms of subsection (1)—
(a) it shall, subject to subsection (3), be acquired free of cost by the appropriate authority; and
(b) the ownership thereof shall immediately upon the approval of the survey records concerned in terms of the Land Survey Act [Chapter 20:12] vest in the appropriate authority.
(3) Where any land is set aside in terms of paragraph (a) of subsection (1) for the purposes of a road which exceeds twenty-four meters in width, the area of land in excess of that which would have been required had the road been twenty-four meters in width may—
(a) subject to the limitations specified in paragraph (b) of subsection (1), be acquired in terms of the said paragraph (b) as if such excess land were being acquired for public purposes; or
(b) be acquired in terms of paragraph (a) or (b) of subsection (2) of section forty-five.
(4) No condition such as is referred to in paragraph (b) of subsection (1) may be imposed—
(a) in respect of any subdivision twenty hectares or more in extent; or (b) if the permit is to subdivide a property which is a consolidation of two or more pieces of land into not more than the same number of pieces which were so consolidated unless a condition similar to that referred to in paragraph (b) of subsection (1) was previously imposed in terms of this section or the repealed Act upon the pieces of land which have been so consolidated and such condition has not been fulfilled.
(5) Subject to subsection (6), the value of any subdivision for the purposes of paragraph (b) of subsection (1) shall be determined in relation to the land concerned, without any improvements, in accordance with the following provisions—
(a) subject to paragraph (c), if the value of the land has been assessed by the Registrar of Deeds for the purposes of the payment of duty in terms of Chapter II of the Finance Act [Chapter 23:04], the value as so assessed shall be deemed to be the value of such subdivision;
(b) subject to paragraph (c), if the value of the land has not been assessed as referred to in paragraph (a)—
(i) where there is a purchase price in money for such land, such purchase
price shall be deemed to be the value of such subdivision;
(ii) where there is no purchase price in money for such land, the value of such subdivision shall be that agreed with the appropriate authority;
(c) if—
(i) the appropriate authority is of the opinion that the value in terms of paragraph (a) or subparagraph (i) of paragraph (b) does not reflect the fair and just value of the subdivision; or
(ii) there is no agreement as provided in subparagraph (ii) of paragraph
(b);
the appropriate authority shall obtain from the Chief Valuation Officer of the Government a valuation of the land concerned at the date of disposal which shall be deemed to be the value of such subdivision:
Provided that if such value is lower than the value in terms of paragraph (a) or subparagraph (i) of paragraph (b), the value in terms of paragraph (a) or subparagraph (i) of paragraph (b), as the case may be, shall be deemed to be the value of such subdivision;
(d) if—
(i) the value placed on the subdivision by the Chief Valuation Officer exceeds the value determined in accordance with paragraph (a) or subparagraph (i) of paragraph (b) by more than ten per centum thereof; or
(ii) in the case of a subdivision referred to in subparagraph (ii) of paragraph (b), no agreement was reached because the person concerned failed or refused to fix a value for such subdivision or fixed a value which was exceeded by the value determined by the Chief Valuation Officer by more than ten per centum of the first-mentioned value;
the person disposing of the subdivision shall pay the costs incurred in connection with the valuation by the Chief Valuation Officer.
(6) If any person is aggrieved by the valuation of the Chief Valuation Officer in terms of subsection (5), he may, within one month of the notification of such valuation or such longer period as the President of the Administrative Court may in writing authorize, appeal to the Administrative Court in such manner as may be prescribed in rules and the Administrative Court may confirm or vary such valuation, and the valuation of the Administrative Court shall be deemed to be the valuation of the Chief Valuation Officer for the purposes of that subsection.
(7) Any moneys received by the appropriate authority by virtue of a condition imposed in terms of paragraph (b) of subsection (1) shall be paid into the development account of that authority.
(8) In this section—
“appropriate authority”, in relation to—
(a) land which is set aside for State purposes including State roads, means the President;
(b) land which is set aside for public purposes other than State purposes or for roads other than State roads, means the local authority or, if the land is not within the area under the jurisdiction of a local authority, the President in trust for any local authority which may in the future have jurisdiction over that area;
(c) any money payable in terms of paragraph (b) of subsection (1), means the local authority or, if the property being subdivided is not within the area under the jurisdiction of a local authority, the local planning authority referred to in paragraph (c), (d) or (g), as the case may be, of subsection (1) of section ten, notwithstanding the provisos to the said paragraph (c) or (d);
“prescribed percentage”, in relation to a subdivision, means such percentage, not exceeding twenty per centum, as is prescribed for the purposes of this section in relation to the subdivision or class of subdivision concerned.
(9) Where any land is vested in the President by virtue of paragraph (b) of subsection(8) and any such land is subsequently included within the area under the jurisdiction of a local authority then—
(a) in the case of any land set aside for road purposes, the ownership of the land shall cease to vest in the President and shall vest in that local authority;
(b) if title has been issued to the President in trust, the Registrar of Deeds shall, on production of the title deed, free of charge, cause the name of the local authority to be endorsed as owner on the title deed and in the appropriate register in the Deeds Registry