Land Acquisition Guide

SANRAL LAND UISIT ACQLAND ION ACQUISITION GUIDELINES FOR GUIDELINES FOR CONSULTING CONSULTING ENGINEERS
ENGINEERS
TABLE OF CONTENTS
1 2 3 INTRODUCTION ..............................................................................................................8 LIST OF TERMINOLOGY ................................................................................................9 THE LEGAL ENVIRONMENT IN WHICH LAND IS ACQUIRED BY SANRAL ...........16 3.1 Ownership of Land and Rights in Land ......................................................... 16 3.1.1 3.1.2 3.1.3 3.1.4 3.2 Lease Agreements .....................................................................................17 Servitudes ..................................................................................................19 Informal Rights ...........................................................................................19 Mining and Surface Rights.........................................................................19
Classification of the Types of Land ................................................................ 20 3.2.1 3.2.2 3.2.3 Existing Road Reserves ............................................................................21 Privately owned land ..................................................................................22 State owned land .......................................................................................24 3.2.3.1 State owned land under control of the Department of Public Works ...............................................................................28 3.2.3.2 State owned land under control of the Department of Land Affairs and/or Tribal Authorities .........................................27 3.2.3.3 3.2.3.4 3.2.3.5 3.2.3.6 Transnet and SARCC owned land ........................................... 29 Land under control of the Ingonyama Trust ............................. 29 State Domestic Land Assets within former Homelands ............ 30 Quitrent Titles ..............................................................................31
LAND REQUIREMENTS OF SANRAL .........................................................................33 4.1 4.2 Road Reserve................................................................................................... 33 Access Roads .................................................................................................. 33
SANRAL LAND ACQUISITION GUIDELINE MANUAL Revision 3/2008
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4.2.1 4.2.2 4.2.3 4.3 4.4 5 Access Roads acquired by way of a Long Term Wayleave Agreement .. 35 Access Roads acquired by way of a Short Term Wayleave Agreement . 36 Access Roads compensated for in terms of Section 53 (Loss Payment).36
Borrow Pits and Quarries................................................................................ 37 Stockpile Areas and Temporary Deviations .................................................. 39
THE LAND ACQUISITION PROCESS ..........................................................................40 5.1 5.2 SAP Project Registration ................................................................................ 41 Design Topographical Survey ........................................................................ 43 5.2.1 5.3 5.4 Borrow Pit and/or Quarry Surveys .............................................................44
Cadastral Keyplan ........................................................................................... 46 Preliminary Engineering Design ..................................................................... 48 5.4.1 5.4.2 Submission of Preliminary Data to SANRALs Survey Service Provider..49 Road Reserve ............................................................................................49 5.4.2.1 5.4.3 Definition of the Existing Road Reserve .....................................50
Access Roads ............................................................................................50 5.4.3.1 5.4.3.2 Access Roads used by the General Public ................................51 Access Roads for Private Usage ................................................52
5.4.4 5.4.5 5.4.6 5.4.7 5.5
Temporary Deviations and Stock Pile Areas.............................................53 Borrow Pits or Quarries .............................................................................53 Severed Land .............................................................................................55 Other aspects to take into consideration ...................................................58
Property Report ............................................................................................... 60 5.5.1 5.5.2 5.5.3 5.5.4 Property Description ..................................................................................61 Landowner Details .....................................................................................61 Classification of type of affected land ........................................................62 Required Area and Required Usage .........................................................63
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5.5.5 5.5.6 5.5.7 5.5.8 5.5.9 Improvements affected by Acquisition.......................................................63 Occupants ..................................................................................................63 Rights on Property .....................................................................................64 Access to Property .....................................................................................64 Landowners Requests or Qualifications ...................................................65
5.5.10 Severed Land .............................................................................................66 5.5.11 Data to be submitted with the Property Report .........................................68 5.6 Final Engineering Design ................................................................................ 71 5.6.1 Submission of Design Data .......................................................................72 5.6.1.1 Design Data Specification: Acquisition of land required permanently for National Road Reserve purposes ....................72 5.6.1.2 Design Data Specification: Acquisition of land required for Temporary Deviations, Borrow Pits, Quarries and Access Roads to Borrow Pits and Quarries ............................................74 5.7 5.8 5.9 Land Acquisition Key Plans............................................................................ 77 Property Data Sourcing ................................................................................... 78 Acquisition Plans ............................................................................................ 79 5.9.1 Distribution of Acquisition Plans ................................................................80
5.10 Acquisition Documentation ............................................................................ 81 5.11 Acquisition Negotiations ................................................................................ 83 5.11.1 Strip and Case Specific Valuation .............................................................83 5.11.2 Field Inspections and Acquisition Negotiations .........................................84 5.11.2.1 Value of and Compensation payable for required land ..............85 (i) (ii) (iii) Market Value of affected or required land .............85 Real Financial Losses ............................................86 Affected Rights.......................................................86
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5.11.3 Valuation Documentation...........................................................................87 5.11.4 Compensation Payment to Landowners ...................................................87 5.11.4.1 Payment for Permanent Acquisition of Land ..............................87 5.11.4.2 Payment for Temporary Acquisition of Land ..............................88 5.11.4.3 Payment for Financial Losses ....................................................88 5.11.5 Expropriation ..............................................................................................88 5.12 Sub-division of Permanently Acquired Land ................................................. 90 5.12.1 Defining the New Cadastral Boundary ......................................................91 5.12.2 Defining the Old Cadastral Boundary ........................................................92 5.12.3 Sub-divisions through Towns ....................................................................93 5.12.4 Programming of the Sub-Divisional Surveys.............................................93 5.12.5 Servitude Surveys ......................................................................................94 5.13 Conveyancing .................................................................................................. 95 6 TYPICAL PITFALLS ENCOUNTERED DURING THE ACQUISITION OF LAND .......96 6.1 Acquiring land that has been developed ....................................................... 96 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.2 6.3 Improvements and Developments .............................................................96 Boreholes and other Water Sources .........................................................97 Graves ........................................................................................................99 Mine Dumps and/or Mining Rights ..........................................................100 Planned Developments............................................................................101 Informal Settlements and/or Illegal Occupation ......................................102 Old Borrow Pits ........................................................................................103
Acquiring Land within a Sectional Title Scheme ......................................... 105 Acquiring State Owned Land ........................................................................ 105 6.3.1 Acquiring land under Tribal Control .........................................................107
6.4
Acquiring Land left without Access ............................................................. 108

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6.4.1 6.4.2 6.4.3 Severed Land without Access .................................................................108 Acquiring Borrow Pits and/or Quarry Sites without Access ....................108 Acquiring Borrow Pits or Quarry Sites with Access on adjacent property (different landowner) .................................................................109 6.4.4 6.5 Acquiring an inappropriate or unfeasible Access Road ..........................110
Acquiring Land without prior or proper Technical Consultation with landowners .................................................................................................... 111
6.6
Inappropriate Quality Control re the respective design components dealt with by different role players within a Consulting Engineering Joint Venture ................................................................................................. 112
6.7
Acquiring land without any or proper Cadastral Boundary Consideration113 6.7.1 6.7.2 6.7.3 Cadastral Islands ...................................................................................113 Acquiring Borrow Pits or Quarries across Cadastral Boundaries ...........114 Acquiring land without considering Cadastral Boundaries......................115
6.8 6.9
Using the incorrect Survey Projection Datum ............................................. 117 Placement of Borrow Pit and/or Quarry Boundaries in relation to Land Use on property as a whole ................................................................. 118
ANNEXURES ...............................................................................................................120 7.1 7.2 7.3 7.4 ANNEXURE 1: Flow Chart in respect of the Land Acquisition Process .... 120 ANNEXURE 2: Extract of a Declaration done on Co-ordinates .................. 125 ANNEXURE 3: Extract of a Declaration done on Description ..................... 128 ANNEXURE 4: Examples of Acquisition Plans ............................................ 129 7.4.1 7.4.2 7.4.3 Notes to Annexures 4A and 4B ...............................................................129 ANNEXURE 4A: Acquisition of a Borrow Pit ...........................................130 ANNEXURE 4B: Acquisition of additional road reserve for the upgrading of an existing National Road ..................................................132 7.5 ANNEXURE 5: Example of a Property Report.............................................. 134
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7.5.1 7.5.2 7.5.3 7.5.4 7.5.5 7.5.6 7.5.7 7.5.8 7.6 ANNEXURE 5A: Property Schedule Matrix ............................................135 ANNEXURE 5B: Property Report 1:50 000 Layout Drawing ..................138 ANNEXURE 5C: Property Report Design Drawings ...............................139 ANNEXURE 5D: Property Report............................................................140 ANNEXURE 5E: Signed Letter re Landowners Confirmation ................143 ANNEXURE 5F: Supporting Documentation ..........................................144 ANNEXURE 5G: Property Report Checklist ...........................................152 ANNEXURE 5H: Form LA 2A: Submission of Design Data....................155
ANNEXURE 6: Pro-forma Documentation .................................................... 156 7.6.1 7.6.2 7.6.3 7.6.4 ANNEXURE 6A: Letter requesting Landowners Confirmation ..............156 ANNEXURE 6B: Property Report Checklist ............................................159 ANNEXURE 6C: Form LA 1 ....................................................................163 ANNEXURE 6D: Form LA 2 ....................................................................165
INTRODUCTION
The purpose of this Manual is to provide Consulting Engineers and other Service Providers of the South African National Roads Agency Limited (SANRAL) with some guidance relating to land acquisition. It has as its basis, the identification of various issues and pitfalls that need to be taken into account during the design phase of roads, with special emphasis on the demarcation of road reserve boundaries, the location of access roads and the sourcing of land required for the obtaining of road building material and/or other construction needs. This Guideline does not constitute instructions to Consulting Engineers and should in no way be seen as purporting to address all or every issue that might arise relating to land acquisition. The use of this Manual will in no way whatsoever attract any liability of SANRAL towards the user hereof. In keeping with the Geometric Design Manual of SANRAL, this document aims to reduce the probability of failure to the lowest possible level and, furthermore, seeks to minimize the consequences of the failures that do occur. The hallmark of professionalism in road design is the ability to foresee and minimize the conflicting objectives that are inherent in any project. The most important concept to keep in mind throughout the highway design process is that every project is unique. The setting and character of an area, the values of the surrounding community, the needs of the highway users and the associated physical challenges and opportunities, are unique factors that highway designers must always consider with each project. With that being said, it is important to recognize that an engineering solution is but part of a project and that the designed solution must ultimately fit within a specific spatial dimension, i.e. land is always required for a designed engineering solution to form shape through construction. It is this aspect of designed This solutions that often do not take precedence or are ignored during the process and this can ultimately influence the realisation or failure of any design. Guideline thus serves to enhance the designed solution by providing information that the designers of roads (and later also the constructors of the designed solutions) must heed in order to ensure that the holistic philosophy advocated by the Geometric Design Manual, actually comes to fruition.
LIST OF TERMINOLOGY
1 Access Roads Permanent or temporary lower order roads that provide access to specific areas, properties and/or sites. 2 Acquisition of Land The acquisition of land or the right to use land required for, as a result of or in connection with the construction of a road by way of entering into an Agreement between SANRAL and a landowner on a willing buyer willing seller basis. 3 Acquisition Plan A plan prepared by SANRALs Survey Service Provider purely for the purpose of defining the land parcels or additional land parcels of a specific property in respect of which SANRAL have to acquire either full ownership or the legal right to use such land. 4 Cadastral Key Plan An accurate reconstruction in accordance with Chapter 6 of the TMH11 Survey Specifications of the prevailing cadastre in respect of a strip of land approximately 400 meter wide along the road corridor (i.e. approximately 200 meters on each side of the road centre line. Such plans are compiled by SANRALs Survey Service Provider using the most recently dated SG Diagrams. 5 Consulting Engineers Engineering Service Providers appointed by SANRAL to undertake the Design, Tender Documentation and/or Supervision phases in respect of the construction, rehabilitation or maintenance of specified sections of the National Road Network.
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Contractor
Entity appointed by SANRAL for the actual construction phase of the construction, rehabilitation or maintenance of specified sections of the National Road Network.
Deed of Sale
Legal document to be entered into between two parties relating to the transfer of ownership of a specific property or portion of a property
Design Data
The engineering design data that defines the land requirements in respect of a specific road section, borrow pit, quarry, etceteras.
Expropriation of Land
The acquisition of land or the right to use land required for, as a result of or in connection with the construction of a road by way of expropriation on behalf of SANRAL by the Minister of Transport in accordance with the provisions of Section 41 of the South African National Roads Agency Limited and National Roads Act, 1998 (Act 7 of 1998), read with the Expropriation Act, 1975 (Act 63 of 1975).
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Land Acquisition Key Plan
An updated Cadastral Key Plan with the following information superimposed thereon: Declared national road reserve boundary; Designed new road reserve boundary; Acquisition Plan numbers; Differentiation between permanent and temporary acquisitions; (Also see paragraph 4.6.4 of Draft 3 of the N14/5/6/ Guideline Manual.)
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11 LAC Program Land Acquisition Co-ordination Program as maintained by SANRAL with the objective to overall prioritise, co-ordinate and integrate the acquisition of land with SANRALs Project Implementation Program and strategic objectives. 12 Land Acquisition Requirement An accurate and geo-referenced indication of all the land to be acquired by SANRAL (either permanently or temporarily) in respect of each affected property. This includes the differentiation between land parcels affected by the existing road reserve and land parcels affected by the new road reserve. 13 Land Portfolio Service Provider The entity appointed by SANRAL to undertake the following works relating to the land acquisition process: Sourcing of all property related information such as ownership, title deeds, SG Diagrams, etceteras (including contact details of landowners); Compilation and distribution of Acquisition Documentation; Facilitating of payments to land owners; Conveyancing of acquired land into SANRALs name; Updating and maintenance of SANRALs Land Register; and Integration of data and records into SANRALs Integrated Transport Information System (ITIS)
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14 Letter re Landowners Confirmation Letter whereby/in which a landowner confirms that he/she has been approached regarding the proposed construction activities on his/her land; indicates his/her willingness to negotiate regarding the alienation of ownership/granting of permission for the right to use the required or affected portion(s) of his/her land on a willing buyer-willing seller basis; specifies the conditions to which the afore-mentioned will be subject to. 15 Property Report A comprehensive Report to be compiled by the Consulting Engineers during the design phase in which(amongst others) the following aspects are addressed: The affect on all the cadastral properties that are/could be affected by the proposed project. Detailed information relating to the registered landowner(s), lessees, Usufructuaries and all other holders of registered and unregistered rights in and to the subject properties. The known or identified socioeconomical impact of the Project on the affected properties, especially those which may render the acquisition of the required portions problematic and/or costly. 16 Registrar of Deed Means a person appointed i. t. o. the Deeds Registries Act, 1937 (Act 47 of 1937), and, when used in relation to-
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any Deeds Registry, means the Registrar in charge of that Deeds Registry; a document, means the Registrar in charge of the Deeds Registry where that document is or can be registered or is/is intended to be filed;
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Road Reserve Boundary
The line clearly demarcating the outer edge of a specific road corridor. The area between the specifically defined road reserve boundaries.
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Road Reserve
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SANRAL
The South African National Roads Agency Limited
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SANRAL Project Manager
Person employed by SANRAL to oversee and manage on behalf of SANRAL, all aspects related to a specific construction, rehabilitation or maintenance project in respect of a specified portion of a national road.
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Surveyor-General
In relation to any land or any general plan or diagram thereof, or in relation to any matter in connection with any land, means the duly designated person in charge of each Surveyor-General's office established in terms of Section 4 of the Land Survey Act, 1997 (Act 8 of 1997) in the province or area where such land is situate or such general plan or diagram is, can or must be registered.
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Survey Service Provider
The entity appointed by SANRAL to do engineering and cadastral survey related work re-
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the integration of data, information and records re engineering, topographical, design and cadastral survey into SANRALs Integrated Transport Information System (ITIS); the compilation of Acquisition Plans; the compilation of Cadastral, Acquisition and Sub-Division Key Plans; cadastral surveys for the purpose of the sub-division of land and/or the registration of Servitudes; the preparation of notices and sketches required for the declaration and/or amendment of existing declarations of National Roads. 23 Title Deed A legal document whereby a specific property is registered in the name of a person/entity. 24 25 Vacua Possessio Valuations Service Provider Vacant, free and un-encumbered possession. Entity appointed by SANRAL to undertake the following works relating to the Land Acquisition process: Preparation of Valuations in terms of the Valuers Profession Act 2000; Negotiations with landowners with the view of obtaining signed Agreements in respect of, as well as access to required land; Compilation of Valuation Certificates and memoranda to SANRALs Board of Directors re compensation payable to landowners; and
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Integration of data and records into SANRALs Integrated Transport Information System (ITIS) 26 Wayleave Agreement Legal document to be entered into between two parties relating to and specifying the conditions pertaining to the long or short term right to use a specific property or portion of a property
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THE LEGAL ENVIRONMENT IN WHICH LAND IS ACQUIRED BY SANRAL
3.1
Ownership of Land and Rights in Land

Land and the right to use land is a very important ingredient required for the construction, upgrading and/or maintenance of National Roads. However, property related rights are clearly entrenched in the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). For instance, in terms of Section 25 of the Constitution, no one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. The Constitution also protects tenure rights of people on land whose tenure is insecure due to previous discriminatory legislation [Section 25(6)]. Further laws have also been passed by Parliament to protect these rights, vis a vis The Extension of Security of Land Tenure Act, 1997 (Act 62 of 1997), etceteras. Therefore, all land that must be acquired for or as a result of the construction, upgrading or maintenance of a National Road, not only have to be acquired in accordance with the provisions of the South African National Roads Agency Limited and National Roads Act, 1998 (Act 7 of 1998) [the SANRAL Act], but also the Constitution and all other applicable and relevant legislation. In contrast to previous legislation that allowed SANRALs predecessors to acquire land or the right to use land by way of expropriation, the provisions of the SANRAL Act are such that it does not allow SANRAL to expropriate land. The said provisions are (in fact) very specific and only provide the Minister of Transport with the authority to (under clearly defined circumstances) expropriate land on behalf of SANRAL. It further places a clear obligation on SANRAL to always attempt to acquire land and the right to use land through negotiation. This, in terms of (amongst others) the Alienation of Land Act, 1981 (Act 68 of 1981), inter alia requires that SANRAL must always attempt and do everything in their power to enter into written Agreements with affected landowners. This can in itself be very a lengthy process and Project Managers and Designers must therefore ensure that sufficient time for the acquisition of required land is always provided for during the planning phase of any project in order to ensure that the project is not delayed because of the required land acquisition phase.
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It is also important to note that there are many rights in and to property that also need to be taken into consideration. These rights are mostly divided into the following distinct categories, namely: Real Rights, being rights that are enforceable against third parties, including creditors of a grantor or subsequent title holders, which means that they even survive changes in ownership of the land ; Personal Rights, being rights that are only binding on a grantor and not any third parties; and Rights other than Real Rights or Personal Rights, being rights that are enforceable against the gratuitous successors of the landowner and against purchasers who knew of the existence of such rights when they took ownership or transfer of the land, but which are not effective against creditors or purchasers who did not know of their existence
3.1.1
Lease Agreements
One of the best-known examples of a Real Right is a Lease Agreement. The essential features of a Lease are the following: The Lessee is granted the rights of use and enjoyment of the leased property, with the corresponding obligation to maintain/restore that property to its original form as at the commencement of the lease. If the rights conferred under a contract are wider than such use and enjoyment, that is, they entitle the Lessee to destroy, appropriate or otherwise dispose of the leased property thereby diminishing its original substance, then the contract is not a Lease; and The Lessee must pay monetary consideration (fixed or clearly
ascertainable) for his rights of use and enjoyment. The absence of this obligation indicates a Contract of Loan, not a Lease.
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Several very important legal consequences flow from Leases such as: the rights of use and enjoyment held by a Lessee in occupation of the leased premises are (simply stated) real; Long Term Leases (i.e, Leases with a duration of 10 years or more) must also be registered against the Title Deed of the subject property in order to ensure that these rights remain real over the full duration of the Lease, failing which these rights (after 10 years and even if the Lessee remains in occupation) will not generally be enforceable against third parties; If the Long Term Lease is only in respect of a portion of a property, that portion will have to be defined by survey. This entails a form of separation of the relevant portion from the rest of the property as a Lease Diagram that must be approved by the Surveyor-General, must be prepared in respect thereof. Such a Lease Diagram must also meet with all the conditions applicable to a proper Sub-divisional Diagram, as well as any conditions imposed under applicable municipal by-laws by the responsible Local Authority. A registered Long Term Lease can also be hypothecated (mortgaged) in a Deeds Registry under a Mortgage Bond as it is regarded in law as a form of immovable property; Common Law also secures the interests of a Lessor [i.e. a tacit hypothec (mortgage)] in the movables located on the leased premises which become operational when rent is overdue; and It is also a requirement that Stamp Duties must aid on Leases. Therefore, if land on which a Real Right exists, has to be acquired, cognizance must be taken of the fact that the acquisition of the land may interfere with the rights obtained in terms of a Real Right. Such a Real Right may well then either have to form part of the acquisition, or will have to be acquired separately.
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Further examples of Real Rights, are Servitudes such as Right of Way Servitudes or Servitudes in favour of providers of services such as electricity and water. Once again, cognizance must be taken of these Rights as these Servitudes may have to be acquired or accommodated in the Agreements to be entered into with landowners, or may have to be acquired or otherwise accommodated by way of separate Agreements. The possibility that it will be a requirement that the services that are protected by these Servitudes, will have to be relocated or re-instated during the relevant construction phase, must also be taken cognizance of as this may well have severe financial implications.
3.1.3
Informal Rights
In an effort to rectify tenure issues as a result of past discriminatory legislation, various Acts were (as stated above) promulgated since 1994. These Acts in effect bestow rights (sometimes referred to as informal rights) on various categories of people and are regulated by, inter alia, the Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996), the Extension of Security of Tenure Act, 1997 (Act 62 of 1997) and the Land Reform (Labour Tenants) Act 1996 (Act 3 of 1996). However, for the purpose of this document the various rights will not be discussed in detail, save to reiterate that the rights that have been bestowed on the various groups of people, have a direct impact on the acquisition of certain portions of land. For instance, if applicable, such people must be included in the negotiation process and in some instances, separate Agreements need to be entered into in order to secure or obtain these rights. This can have a significant impact on the time period between the design phase of a road and the obtaining of vacua possessio (vacant possession) of the land required for construction purposes.
3.1.4
Mining and Surface Rights

Mining and Surface Rights are just as important to take note of during the design phase of a road. In terms of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), various entities may the holders or owners of Mining Rights or Permits or duly registered Surface Right Permits relating to required
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land. Mining or Surface Right Permits are very complex documents and not easily obtainable and require the assistance of specialists. Due to the complex nature of these rights and permits, it is advisable that the Consulting Engineer immediately contact the Land Portfolio Service Providers and Valuers if their design traverses land within known mining areas or if they suspect that Mining Permits and/or Surface Rights may be registered against affected properties. For this document, these types of Rights and Permits will (due to the number of such rights and complexities attached thereto) not be discussed in detail save to say that specialists in these fields should be brought on board as soon as possible if it is suspected or known that such Rights or Permits could be involved. It should also be noted that the acquisition of such Rights can be extremely expensive and may even outweigh the costs associated with the possible redesign and/or realignment of the relevant road. It is therefore not only the time factor relating to the acquisition of these Rights that needs to be taken into account, but also the costs involved in the acquiring of such Rights and/or Permits. In summary, it is important to note that during the design phase of a road, due cognizance must be taken of all rights that may be affected by the proposed alignment, including the possible socio-economic impact thereof on affected people and communities. Such rights and the said possible socio-economic impact must always be considered during the acquisition process and this may well have serious implications in terms of monetary compensation or the outcome of negotiations relating to Deeds of Sale or other Agreements. If such rights, etceteras are ignored, there will be a real risk that the outcome would be a designed road superior in terms of engineering requirements, but that it may in reality simply be impossible to construct the designed road due to the impact thereof on these Rights, people or communities.
3.2
Classification of the Types of Land

The various types or categories of land normally affected by a road alignment, hold within them the unique factors that will influence the design and ultimate construction of a road and will dictate the parameters within which a design is confined. It is therefore also necessary to look at the various types of land that are normally encountered during any such design.
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3.2.1
Existing Road Reserves

Existing provincial or secondary roads that are subsequently declared as National Roads, are (in most cases) spatial defined, i.e. the road reserve boundaries are/can be defined by co-ordinates. An example of such a declaration (i.e. a road that was duly declared by co-ordinates), is included herein as Annexure 2: Extract of National Road Declaration by Co-ordinates. In such instances, the assumption can be made that the State and/or SANRAL already holds either formal/registered ownership of the land within the road reserve (being one of many types of ownership), or a formal right (in some instances even a Real Right) to construct or maintain a road on such land. Where the design of any improvements to or upgrading of such a National Road is such that all construction work will take place within the limits of the declared road reserve as defined by co-ordinates published in a Government or Provincial Gazette, it can safely be assumed that no land acquisition will be required prior to the commencement of construction works. Other administrative actions in order to secure formal ownership of the relevant road reserve may well be required, but this is the responsibility of other Service Providers and the Consulting Engineers are not involved in these actions. However, where an existing road is declared as a National Road, but such declaration is not by co-ordinates but by way of description only, the circumstances differ. An example of such a declaration (i.e. a National Road that was duly declared by description only), is included herein as Annexure 3: Extract of National Road Declaration by Description). In instances where the declaration of the road was done either by only describing the width thereof over the affected properties or by merely describing the route followed by the road over the various properties affected by it, the land acquisition is far more difficult. Normal practice dictates that in such instances the bending points of the fences that demarcate the road reserve boundaries, must be surveyed and that the co-ordinates obtained in this manner are to be regarded as the points that define the proclaimed road reserve. This in itself poses the question whether the fences were in fact erected on the appropriate
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boundaries and whether the fences define the land that was acquired for this purpose in the first place. The only way to determine this fairly accurately is through an intensive Land Identification process whereby all previous records that are available, are compared with the surveyed road reserve. In such circumstances, all land acquisition related issues need to be handled extremely carefully. This holds many implications for the Consulting Engineer and may even influence design decisions. However, for the purposes of this document, the assumption has been made that access to all land within the surveyed fences of the road reserves, will (in all likelihood) not pose any difficulty, but it is not necessarily safe to assume that no difficulties will be experienced in all circumstances. Each section or portion of the relevant road reserve over a specific property must therefore be dealt with on its own merits. To ensure that this aspect gets the attention it deserves and to minimize any possible negative impact, it is of crucial importance that provision is made for as much time as possible between the design and construction phases of a project in order to enable SANRALs Land Portfolio and Survey Service Providers to source as much information as possible to ascertain whether this assumption is in fact true in the specific instance. It is also important to allow the SANRAL appointed Valuers more than normal negotiation time as disputes may well arise as to what land was in fact acquired previously and whether the fences were positioned on the relevant boundaries. SANRALs Survey Service Provider is the custodian of all of its declaration data and records. The Consulting Engineer must, therefore, always obtain the declaration data and records relevant to the applicable route/section they will be dealing with, from the Survey Service Provider at an early stage and must superimpose same on their design in order to ascertain whether there are any discrepancies between the declared road reserve and the fenced road reserve.
3.2.2
Privately owned land

Privately owned land refers to all land that is registered in the name of any juristic person other than the State (i.e. private individuals, Companies, Closed Corporations, Trusts, Municipal Councils, etceteras). From a road design perspective, the Consulting Engineer needs to take the following into account:
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Are there any registered or unregistered rights that may pose difficulties, attached to the required land? This includes the rights of the registered landowner, as well as all rights of any other party. Are any improvements, the current or approved and/or potential land usage or any other assets that add value to the any of the affected properties, being affected by the relevant roads designed alignment? The said land use and/or improvements must be considered by the designer. If this information is not known, a topographical survey must be undertaken and the affected properties must be visited by the Consulting Engineer to ascertain such information. It is important to note that (for example) if a borehole is situated on the required land, but it is the only available water source on the specific property, the loss thereof may well result in huge financial implications. It may even be more cost effective to re-design/realign the road than to buy out the entire extent of an affected property. Furthermore, it is very costly to acquire land utilised for certain crops (such as trees, fruit trees, vineyards, etceteras) and if at all possible, such land should not be affected by the road alignment. Rights pertaining to the land usage (e.g. approved/potential township development rights, commercial rights, etceteras), must similarly be taken into account during the alignment of the road reserve. The approved/potential usage of land and rights that are already in place, influences the price of the required land. For example, during 2006, normal agricultural grazing were sold for between R1,500 and R4,000 per hectare, vineyards for between R45,000 and R80,000 per hectare, whilst land demarcated or used for certain developments (i.e. township developments and/or golf and security estates, etceteras.) sold for as much as R100,000 to R850,000 per hectare. Therefore, as the costs in respect of the acquisition of required land can influence the financial viability of a construction project, this aspect must always be taken into account during the relevant design phase. Is the landowner willing to sell the required land and if yes, will the conditions under which he is prepared to do so, be attainable and acceptable to SANRAL? If not, such land must be avoided as far as possible. A typical example of a letter that was obtained from a Landowner
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and in which the said owner confirmed that he was willing to discuss the sale of the required land, is attached as Annexure 5E. Similar consents are part of the documentation that must be obtained from all affected landowners during the preparation phase in respect of the Property Report. (This process and phase is described in more detail later on in this Guideline Manual). Will the remaining portion of the subject property have sufficient access after acquisition of the required portion thereof? If not, how will access be re-instated and will that require further acquisitions? Access should (as far as possible and if financially justifiable) always be reinstated to those portions of properties affected by the designed road that are cut off without access from the rest thereof. However, the Consulting Engineer should approach SANRAL if the costs to re-instate such access, outweighs the costs to buy out the severed portions of the affected property. In such circumstances, SANRAL may well decide to rather buy out the land and not to re-instate access to the said severed land. How will the property be divided as a result of the acquisition? It is
important to note that property can be divided and diminished in size to such an extent that it would make the remaining portion thereof, an unviable unit that can, in terms of the Local Authoritys by-laws, no longer be regarded as an independent unit. Although the rule of thumb is that only property situated within the actual road reserve should be acquired, in certain instances property situated outside the actual road reserve can also be bought out/acquired by SANRAL, but then only if no other or more cost effective measures can be taken. However, the onus will always be on the designer to convince SANRAL that no better or more cost effective measures are available.
3.2.3
State owned land

State owned land refers to all properties that are registered in the name of or under the control of the Republic of South Africa or any State Department, including all un-surveyed and/or un-registered State owned land (that is commonly known as Un-alienated State owned land) which will be discussed in more detail under paragraphs 3.2.3.1 and 3.2.3.2 below.
25 3.2.3.1 State owned land under control of the Department of Public Works
The acquisition of this type of property holds within itself various problems, the most common being that such land cannot be alienated by the State without going through a very lengthy approval procedure. This usually results in a delay in concluding the acquisition of all required land and can hold up construction. A further problem is that the Department of Public Works (who is usually the custodian of land on behalf of the State) do not always know who the User Department of such land is due to various legacies of the past. This causes delays as the User Department firstly needs to be established whereafter their approval must be obtained before the approval process can be finalized. The process can take up to a year or even longer to finalise. Designers are well advised to be mindful of this and to avoid this type of land if at all possible. In terms of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), all State owned land has to be vested (i.e. to confer the right of ownership) in a specific State Department or Organ of State before it can be alienated. This is a lengthy procedure undertaken by the various Regional Land Disposal Committees and includes a requirement that the Minister of the Department of Land Affairs must sign what is commonly known as an Item 28(1) Certificate in order to give effect to such a vesting. Where such vesting has not taken place, the required process must be undertaken before a decision or approval can be made as to the alienation of the required portion thereof. This is an extremely lengthy process, especially where the land in question is still unsurveyed and/or un-registered State owned land (such as many properties under the control of the Department of Water Affairs and Forestry). This can obviously impact negatively on the delivery of vacant posession of a required construction site to an appointed Contractor. The current or earmarked use of State owned land must also be taken into account, especially as projects initiated by Government in the interest of the public good and/or to give fruition to legislation or Government set goals, could negatively impact on the availability of such land for road building purposes. In this instance, specific care should be taken where land is used or earmarked for (amongst others) the following:
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Land Reform, including Land Reform for Agricultural Development (LRAD) Housing or School projects Defence or Police Services Research (including land belonging to the Agricultural Research Council) On very rare occasions, roads traverse riparian reserves or land that is regulated in terms of the provisions of the Sea-shore Act (No. 21 of 1935). In terms of the last-mentioned Act, the sea-shore is defined as the water and land between the low-water mark and the high-water mark and can include tidal lagoons and tidal rivers in which a rise and fall of the water levels takes place as a result of the action of tides. However, any portion of the sea and sea-shore that was alienated before the commencement of this Act (i.e. 10 April 1935), shall be deemed to have been lawfully alienated and will, therefore, not fall under the provisions of this Act. The said Act had as its main purpose, the following goals: To declare the State President to be the owner of the sea-shore and the sea within the territorial waters of the Republic; To provide for the granting of rights in respect of the sea-shore and the sea; and for matters incidental to the afore-mentioned. The provisions of the Sea-shore Act deal specifically with the leasing of portions of the sea and sea-shore, the sale or donation of any portion of the sea or seashore to a Local Authority, the use of any portion of the sea or sea-shore for government purposes and the promulgation of regulations concerning the control and use of the sea and the sea-shore. It is however a very involved and difficult process to obtain ownership of such land. As far as possible, designers should avoid land affected by this legislation.
27 3.2.3.2 State owned land under the control of the Department of Land Affairs and/or Tribal Authorities
Various tracts of land are either held by the State or are under the control of the Department of Land Affairs as, in terms of the Constitution of South Africa, the Minister of Land Affairs is the custodian of the land on behalf of (inter alia) various Tribal Authorities. Most of these properties are within former Homelands and are linked to Chieftainship boundaries to which no property rights are or were ever linked. In the interim, an apartheid era titling approach called the Permission to Occupy (PTO), is still being used in these areas. However, except in the Province of KwaZulu-Natal, this system has no legal foundation. Because of the many difficulties associated with the delivering of freehold titles, many people in the former Homelands are still using and relying on PTOs. Furthermore and as was stated before, various Acts which have given recognition to so-called Informal Rights over land, have also been introduced since 1994. This legislation includes the Extension of Security of Tenure Act, 1997 (Act 62 of 1997), the Land Reform (Labour Tenants) Act, 1996 (Act 3 of 1996) and the Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996). However, in a number of urban areas, apartheid type titles have not yet been upgraded, either because of administrative problems (underlying titles have to be cleaned up), or because of planning problems (as-built plans do not conform to the applicable planning norms), or because people simply prefer not to be granted full free hold title as the Banks cannot foreclose on their properties currently held under so-called R293 title. In some cases, formal ownership of unregistered State owned land is registered in terms of Certificates of Registered State Title (CRST). Such titles are mostly registered in order to facilitate the parcelling or further sub-division of such land, or to facilitate the land management and/or spatial information management of such land. That is, no new rights and no existing rights (i.e. neither those of the State, nor those of the owners or occupants) are registered or altered through the issuing of CRSTs. The process does, however, involve the undertaking of full cadastral survey to freehold accuracies, as well as the formal registration by the State Attorney of Title Deeds in the relevant Deeds Registry.
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As indicated above, this process has special relevance in respect of un-alienated State owned land, but it is also applied in respect of land that was previously held by or under the control of the former Homeland Governments and/or the former South African Development Trust and which land is now under the control of the Department of Land Affairs. The reasons for the issuing of CRSTs are mainly related to the complexities associated with and lack of legal clarity regarding overlapping laws (especially at the procedural level) and general legal confusion prevailing in these areas. Designers should therefore (as far as possible) avoid include such land as part of their design. However, it is often inevitable that such land must be required. In such instances, the Designers should pre-warn SANRAL to set measures in place to acquire such land. Furthermore, where such land is affected or required, Designers should ensure that their design proposals are available well in advance in order to allow for sufficient time in which the various legally required meetings can be held with the representatives of the Department of Land Affairs, the Traditional Leaders, the Tribal Authorities, as well as the affected Communities and people. Provided sufficient cadastral information, etceteras are available, the legally prescribed procedures to be followed in order to acquire portions of such land, takes at least 12 (twelve) to 18 (eighteen) months to get through. Acquiring this type of land can therefore seriously hamper construction works as vacant possession thereof cannot be given or guaranteed before all the required and prescribed formalities have not been concluded.
3.2.3.3
Land under the control of or registered in the name of Transnet and the SARCC
Where required land belongs to either Transnet or the South African Rail Commuter Corporation (SARCC), a somewhat different scenario arises. The acquisition of this type of land depends largely on two factors, namely who was first (i.e. the rail or the road) and where bridges are involved, who occupies the actual surface of the land?
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If the railway line was first and/or is occupying the surface of the land, ownership of such land can not be acquired and a Wayleave or Bridge Agreement will have to be entered into between SANRAL and the relevant Rail Authority. Where a Bridge Agreement needs to be negotiated, SANRAL (or the designer if so appointed by SANRAL) will be responsible for the negotiations with the Rail Authority and not the Land Portfolio Service Provider or the Valuers. If a Wayleave Agreement is required, the designer must negotiate the specific Agreement and the conditions relating to the rail crossing with either Transnet or the SARCC, but SANRAL will sign the Agreement. If the road was first and/or is occupying the surface of the land in question, ownership of the land can be obtained, but the same approach relating to Bridge Agreements as mentioned above, needs to be followed. The only difference will be that SANRAL will then be the grantor of the Agreement to the Rail Authority. Of importance to the designer, is that any design involving railroads, must be done in conjunction with and collaboration of the relevant Rail Authority.
3.2.3.4
Land under the control of or registered in the name of the Ingonyama Trust
A few days prior to South Africas first democratic election, the majority of the former State owned land in the Province of KwaZulu-Natal, i.e. the surface area of the former Homeland of KwaZulu, officially became the property of the King of the Zulus. All this land is covered by customary tenure and Chieftainships. The State previously worked closely with the King of the Zulus in managing this land, but following the promulgation of The Ingonyama Trust Act, the Ingonyama Trust Board was created to take over this task. Similar to all un-alienated State owned land in the rest of the former Homelands, the available records and spatial information in respect of the land transferred to the Ingonyama Trust, were fairly limited. Therefore, the first step to the successful managing of the land in question was to commence with the creation of a property data base and a plan on which all the relevant chieftainships, as well as the State Domestic Assets (which had to be excised from the Kings land) could be mapped.
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At the top of the hierarchy is the Ingonyama (King) and under him are the Traditional Authorities with their respective proclaimed or as yet un-proclaimed areas of jurisdiction. Within these areas of jurisdiction, some land are utilised by and controlled by Tribes, whilst other land parcels are owned by individuals under freehold title. These individual freehold owners can choose whether or not they wish their land to be included in the Traditional Authoritys area of jurisdiction, or the residents of such freehold areas can also choose to create a Community Authority Area rather than being subjected to the jurisdiction of a Traditional Authority. This Community Authority Area is effectively the same as a Communal Property Association. The Ingonyama Trust resolved to (as a first step) register Certificates of Registered Title (CRTs) in respect of each Traditional Authoritys area of jurisdiction and/or each property within such an area of jurisdiction. A CRT consists of a cadastral survey and a formal registration of land in the office of the Registrar of Deeds, but it does not necessarily affect any rights of the occupants of the land (e.g. freehold land will remain freehold). Consulting Engineers are advised to as soon as possible, seek expert advice on how best to deal with such land. Either the Land Portfolio Service Providers or other experts should be requested by the Consulting Engineer to advise how best to address the circumstances that are specific to the relevant land that is affected by the roads design.
3.2.3.5
State Domestic Land Assets within the former Homelands

In the 87 percent of South Africa that was not part of the former Homelands, most State Domestic Land Assets were registered in the name of the RSA and were being managed by the National or Provincial Departments of Public Works. However, this was not done in the former Homelands and there are tens of thousands of State Domestic Land Assets in these areas for which there is no spatial information. Under the new dispensation, Departments with facilities located in the former Homelands, are accountable for the facilities in these areas, but the land on which these facilities are located, still need to be registered as part of the State Assets of either the National or applicable Provincial Department of Public Works. The Department responsible for the facility will simultaneously
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be named in the relevant Title Deed. Until such time this has been done, delays may be experienced in acquiring portions of such land and Consulting Engineers are advised to, if possible, rather steer clear of such land. If it is inevitable, Consulting Engineers should liaise as soon as possible with the Land Portfolio Service Providers and is advised to allow sufficient time to enable SANRAL to secure ownership of or access to such land.
3.2.3.6
Land held under Quitrent Title

A Quitrent Title is a form of title granted to an individual and is closely comparable to a Freehold Title. These types of land allocations were originally introduced in the Cape by the Glen Grey Act and were later extended to the former Transkei. Before 1969, the granting of Quitrent was confined to surveyed areas within some Districts in the former Ciskei and Transkei. It is an extremely strong and secure form of tenure. Under the Glen Grey Act, land was surveyed into small plots that were allotted to individuals under quitrent title. The allotment usually involves the payment of an annual quitrent fee. Dominium (or ownership) of the allotted land remains with the State as such land can not be transferred, mortgaged, leased, sub-let or disposed of without the approval of the Secretary for Local Government and Land Tenure. Government also retains the right to use the land for State Domestic and Public purposes. The law relating to Quitrent Titles is fairly complicated, but in essence, Quitrent Titles were granted to individuals in terms of Proclamations 227 of 1898, 16 of 1905 and 196 of 1920. In certain instances, the conditions subject to which the Quitrent Titles were granted, were not complied with and full ownership of the land was accordingly forfeited back to the State. This system was later replaced by the promulgation of Proclamation R188 of 1969 by virtue of which Quitrent as a form of tenure, was retained. It recognised existing grants, but introduced a range of conditions, e.g. land could be sold subject to approval being obtained and also introduced permissions to occupy. Under this Proclamation, Quitrent Title was usually issued for residential sites (0.43 ha) and arable allotments (3.43 ha). However, rights holders were not given formal Title Deeds such as those applicable to surveyed land that are registered in the Deeds Registration system. The grants were mostly in respect of unsurveyed and un-alienated State owned land within the former Transkei and Ciskei.
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The afore-mentioned informal land rights are, however, protected in a number of ways, the most notable being by the provisions of the Interim Protection of Informal Land Rights Act, 1996 (Act 31 of 1996) and the responsibilities it has imposed on the Minister of Land Affairs, who is the legal Trustee of such land. In spite of this protection, however, the effects of unregistered land rights that are held outside both the cadastre and the registry systems, are fairly detrimental in that land development is constrained in a number of ways and exacerbated by a number of factors. All rights held under Quitrent Titles were therefore upgraded to full ownership rights in terms of the Upgrading of Land Tenure Rights Act, 1991 (Act 112 of 1991). Please note that delays may be experienced in acquiring this type of land and Consulting Engineers are advised to, if possible, rather steer clear of such land. If it is inevitable, Consulting Engineers should liaise as soon as possible with the Land Portfolio Service Providers and is advised to allow sufficient time to enable SANRAL to secure ownership of or access to such land.
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LAND REQUIREMENTS OF SANRAL

SANRAL usually required land for the following purposes:
4.1
Road Reserve
Land required for road reserve purposes include all those parcels of land that will fall within the boundaries of a declared National Road and will (after construction) represent all the land taken up by the actual road pavement, verge breaks, shoulders, median and any other land situated within the road reserve. Full ownership of such land must be obtained, i.e. it must be acquired by way of a signed Agreement entered into between the landowner and SANRAL or by way of formal expropriation, it must be surveyed and sub-divided and must ultimately be transferred into the name of SANRAL. In the event of a design being done on an existing road, it is also important to note that the actual road reserve of the existing road may be defined by way of a declaration and not necessarily by the fences that are in place. It is therefore of the utmost importance that Consulting Engineers must obtain the relevant declaration data from SANRALs Survey Service Provider in order to determine which portions of the land affected by the design, fall within the existing declared road reserve and which portions fall outside of the declared road reserve and will have to be acquired prior to commencement of construction.
4.2
Access Roads
Access management is aimed at maintaining an effective and efficient transportation system for the movement of people and goods, simultaneously supporting the development of the adjacent land use. Increasingly intensive land usage generally leads to demand for improved road infrastructure and the improved infrastructure makes access to it very attractive. Allowing access simply on the basis of it meeting some or other minimum geometric requirement, results in increasing traffic conflicts and reduction in capacity so that the benefit of the original road improvement is lost. This then leads to demands for further road improvements.
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It logically follows that the Consulting Engineer should, at the outset of the design process, clarify the manner in which the access management should be addressed along the portion of National Road affected by the construction / rehabilitation project. It is also important to note that National Roads are generally declared having either a limited access statutory status or prohibiting any direct access. Therefore, details of the access status relating to the relevant road, need to be procured from SANRAL. It must be noted that the only way to safeguard access roads, as well as to safeguard landowners rights to access, is either by way of obtaining and registering access road servitudes over the affected portions, or having new access roads officially declared as such by the relevant Provincial Administration. Access road servitudes (or the lack thereof) also affect the value of property and hold certain legal implications should the access not be registered against the Title Deed of the affected property. Access roads are thus not merely the provision of access, but hold within themselves, legal consequences that need to be taken into account during the design phase. For the Consulting Engineer, it is critical to ascertain the legal consequences when designing such access roads and the following must always be taken into account: The current status and use of an existing access road (i.e. is it for public use or does it only provide access to a specific property or properties?). The legal status of an existing access road ( i.e. is it a registered servitude of right of way or was it declared as a road by a competent Roads Authority, has SANRAL provided statutory consent for the establishment and if so, were specific conditions imposed in respect thereof, or it just an internal road on a property). In any event, before redesigning or designing new access roads, the Consulting Engineer must discuss and get the necessary approval or buy-in from the relevant competent Authorities (including all servitude owners). Such approvals must be provided to SANRAL to include in their acquisition process. Cognisance must also be taken of the acquisition implications when designing new or re-aligned access roads. As an example, an Access Road traversing the only borehole on a farm, might have significant compensation implications which could be easily mitigated by re-aligning an access road.
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Furthermore, if existing servitudes are to be re-aligned, the servitude owners consent must be obtained as a Real Right will be infringed upon and this may also hold significant compensation implications. In closing access roads1 and moving such access points as a result of safety issues, the landowner is also entitled to compensation and real financial losses, the quantum of which must be ascertained and taken into account during the design phase. This amount must be determined by the SANRAL appointed Valuers. Based on the particular use of an access road, it can be categorised in the following three types of acquisition:
4.2.1
Access Roads acquired by Long Term Wayleave Agreement

The right to use land on a permanent basis for the purposes of access roads, are acquired by way of entering into Long Term Wayleave Agreements with the owners of all affected properties. The termination date of such Agreements shall be the date on which a Notarial Servitude of Right-of-way is registered over the affected property or a road is formally declared, or an existing declaration of a road is amended in terms of existing legislation in such a manner that the affected land becomes part of a declared road network. Typical examples of access roads that will be acquired in this manner, are collector/feeder roads required as part of an access management plan to reduce a large number of direct accesses onto the national road; land required for the realignment of existing provincial / municipal roads; land required for the provision of revised access to a property (Property A) over another property (Property B). In such instances a Notarial Servitude of Right-of-way in favour of Property A, will be registered against the Title Deed of Property B. It serves that in these cases SANRAL will remain responsible for the maintenance on these access roads until such time that either a Notarial Servitude of Right-of-way is registered, or such access road is declared as a provincial / municipal road. It is thus imperative that the Consulting Engineer
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must discuss and get the necessary approval from any competent authority (including servitude owners) before redesigning or designing access roads which need to be acquired in this manner. Such approvals must be provided to SANRAL to assist during their acquisition process.
4.2.2
Access Roads acquired by way of Short Term Wayleave Agreement

The right to use land on a temporary basis for the purposes of access roads, are acquired by way of entering into Short Term Wayleave Agreements with the owners of all affected properties. Both the start and termination date to be included in such Agreements, shall be specified by the Consulting Engineer. Typical examples of access roads that will be acquired in this manner, aretemporary deviations; access roads to Borrow Pits, Spoil Areas, Contractors Camp Sites, etceteras; access roads to be compensated for in terms of Section 53 of the SANRAL Act (i.e. loss payments only). The right to use land that is acquired in this manner relates primarily to cases where (for example) an access to a national road has to be relocated for one reason or the other and the internal road reticulation on the farm need to be realigned in order to link the internal road network with the new access position. It is important to note that whilst the cost for the actual construction of the internal roads can be covered as part of the construction cost on the project, the landowner is still legally entitled to a direct financial loss as a result of the loss of land suffered as a result of the re-alignment of such internal roads. It thus serves that a design for such internal roads, needs to be provided in order to assess and determine the direct financial loss of this realignment.
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4.3
Borrow Pits and Quarries

Several types of road building material are required and/or utilised for construction purposes. Possible sources of such material are identified by way of geotechnical investigations. The available or required quantity of a specific material type, will determine the extent and/or area of the relevant property in respect of which the right to use the land, need to be acquired. Full ownership of land required for borrow pit purposes, is very rarely taken for a myriad of reasons, but the full legal implications thereof will not be discussed in this document. In most cases, only an Agreement whereby SANRAL only obtains the right to use the land for a pre-determined period, will be entered into between the landowner and SANRAL. However, the negotiations relating to the obtaining of the right to use such land, are similar to the methods used for acquiring land in respect of which full title will ultimately be taken, i.e. the compensation payable will still be calculated by determining the full market value of the affected land, as well as any real financial losses that will be suffered by the owner as a result of the SANRAL using the said portions. Please note that the provisions of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) have to be adhered to when land is to be utilised for a borrow pit or quarry. For example, in some cases a full EIA may be required before a borrow pit can be opened, whilst it may not be required in other cases. Act 28 of 2002 also requires that the size of the Borrow Pit or Quarry must be taken into account. It is advisable that Consulting Engineers familiarize themselves with the contents of this Act and apply the provisions and requirements of this Act when identifying land required for Borrow Pits and Quarries. Please note that the compliance with the requirements of Act 28 of 2002 is not the responsibility of the Service Providers involved in the acquisition process. Depending on the contents of contract entered into between SANRAL and the Consulting Engineer or Contractor, it forms part of the responsibilities of either the Design Engineer or the Construction Contractor. It therefore follows that approvals and permits required for Borrow Pits, Quarries, etceteras, will not be sourced by the Land Portfolio Service Providers, Survey Service Providers and/or the Valuers.
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In respect of the compensation payable for the right to use land for Borrow Pit and/or Quarry purposes, two basic scenarios are evident: Firstly, in terms of Act 28 of 2002, the control of all minerals has been reserved by the State. This means that a landowner is not entitled to the minerals on his land, nor can a landowner sell such minerals. The compensation for the right to use land for these purposes, is therefore based on the actual market value of the portion of land that is required for the establishment of the borrow pit or quarry, as well as the real financial losses the owner may suffer as a result of the establishment of the Borrow Pit or Quarry. Therefore, under normal circumstances the said compensation can not be based on the amount of material to be removed from the required land. The second scenario relates to the few instances where a landowner or other Rights Holder is in possession of the required mining permits as contemplated in Act 28 of 2002. In such instances, depending on the type of permit, a landowner or the holder of the permit is entitled to be compensated in respect of the volume of material to be excavated. The costs of commercial sources versus the cost to pay compensation for the loss of minerals, as well as the costs relating to the excavation of the required material, therefore need to be compared before a decision is taken to proceed with the acquisition of the right to use the land on which approved rights are in place. It is logical that certain minerals might be more expensive than others and the Consulting Engineers should therefore familiarize themselves with any permits in respect of minerals on a specific property and take such information into account when designing and sourcing materials. Please note that the determining of the value of the material is a very complicated issue as a myriad of variables are involved. It is thus of the utmost importance that the SANRAL appointed Valuers must be involved to determine the value of the compensation payable for such minerals or rights, at an early stage in order to make an informed decision on the way forward.
39 4.4 Stockpile Areas and Temporary Deviations

Stockpile areas and temporary deviations are required in most instances where national roads are constructed and/or upgraded. The land affected by such deviations or stockpile areas, are not required permanently as the use thereof is only temporary in nature. However, the Consulting Engineer must ensure that all possible compensation implications are taken into account. Again, full ownership is not taken of Stockpile Areas and Temporary Deviations and only an Agreement to use the land for a specified time period, will be entered into with the landowner. The negotiations to obtain the right to use such land, are similar to acquiring land for which full title will be taken, i.e. the compensation will represent the full market value of the land, as well as compensation based on the real financial losses that may be suffered by the landowner as a result of the SANRAL utilising the required land. The rehabilitation of the required areas is also of critical importance to both the landowners and the Department of Environmental Affairs and the Consulting Engineer must also devise a plan of action in this regard during the planning phase.
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THE LAND ACQUISITION PROCESS

The Land Acquisition process can be divided into thirteen distinct processes briefly described hereunder in broad categories. In order to understand the flow of required information, as well as the responsibilities of all the parties involved, your attention is invited to the contents of the full flow chart attached hereto as Annexure 1. It is imperative that the process set out hereunder, are read in conjunction with the flow chart. Kindly take note that during each process, problems may arise that can result in the entire acquisition process having to start afresh, or require an action to be re-done. The thirteen processes referred to above, are SAP PROJECT REGISTRATION DESIGN TOPOGRAPHICAL SURVEY CADASTRAL KEYPLAN PRELIM ENGINEERING DESIGN PROPERTY REPORT FINAL ENGINEERING DESIGN LAND ACQUISITION KEYPLAN PROPERTY DATA SOURCING ACQUISITION PLAN ACQUISITION DOCUMENTATION
ACQUISITION NEGOTIATIONS SUB-DIVISION OF LAND CONVEYANCING

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5.1
SAP Project Registration

Summary of Activities Undertaken By: Predecessor Activities Primary Output of Activity SANRAL Project Manager SANRAL Project Identification; SANRAL Project Budget Approval SAP Registration of Project Project Programme Tender Documentation, Advertisement and Award of Consulting Engineers Tender. Land Acquisition Introduction Meeting Submission of Form LA1 Capturing the Project on the LAC Programme 3 6 Months
Estimated Duration of Activity
The Land Acquisition Process theoretically starts the moment a construction, upgrading, rehabilitation or maintenance project is registered on SANRALs SAP Project Register. This registration provides each project with a unique number against which an approved budget is allocated. Whilst the exact (if any ) extent of the land acquisition requirements may well be unknown at this stage, the registration of the project on the LAC Programme will align the efforts and resources of the various Service Providers involved in the land acquisition process, well in advance. Please note that no land acquisition can be done if a project is not registered in SAP and a budget is allocated against such project. The registration of a project in SAP facilitates the letting and award of the Design, Tender Documentation and Supervision Tender to an Engineering Consulting Engineer. Once the Consulting Engineer has been appointed, it is advisable to have an introductory meeting between the Service Providers involved with the land acquisition process and the Consulting Engineer in order to introduce the project programme, the intended scope of work and possible issues regarding land acquisition. The SANRAL Project Manager must complete and submit Form LA1 (see Annexure 6C) to all the Service Providers involved in the Land Acquisition process.
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This submission will also facilitate the registration of the project on SANRALs ITIS integrated Land Acquisition Co-ordination Programme (LAC programme) in which the project is programmed against various deadlines whereby certain work must be finalized by the Service Providers. For the purposes of the said programming on the LAC programme, the following three (3) dates are most critical: The date the design will be finalized: This date fundamentally triggers the processes involving the preparation of all documentation and diagrams required in order to attend to the acquisition of the required land and right to use land. The Construction Tender Advertisement Date: This date forms the basis on which all programming for the various Service Providers are based. Please note that SANRAL will not allow the construction contract to be advertised until access to a substantial portion of the required site has been procured and the delivering of access to the outstanding cases will, beyond any doubt, be dealt with during the tender period The Construction Start Date:. Determines the date by which access to the entire site (or all required portions of the affected properties) must be provided. It follows that should any-one become aware of change to the above dates during the design process, it must be communicated to all the Service Providers involved in the Land Acquisition Process in order to enable them to adjust their respective programs accordingly.
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5.2
Design Topographical Survey

Summary of Activity Undertaken By: Predecessor Activities External Surveyors appointed by SANRAL Appointment of Consulting Engineers for Design; Prelim Design Scope of Work Identification of Topographical Survey requirement; SAP registration of Project. Tender Documentation, Advertisement and Award of Survey Tender; Execution of Photogrammetric and/or Topographical strip surveys; Request for the compilation of a Cadastral Key Plan Integration of Survey data and records into SANRALs GIS (ITIS) 8 12 weeks, depending on scope of survey work
Primary Output of Activity
Estimated Duration of Activity
Topographical surveys are commissioned by the Consulting Engineer or SANRAL in accordance with SANRALs protocols for engineering, topographical and photogrammetric surveys. They are required to accurately determine the original ground line and to produce a comprehensive topographical strip survey of the affected area. The survey data and plans are used to derive accurate horizontal and vertical alignments for design purposes and to quantify construction volumes. During this process, SANRALs Survey Service Provider is instructed to compile a Cadastral Key Plan which is superimposed onto the topographical strip survey. Upon completion of the design topographical survey, SANRALs Survey Service Provider is responsible for the integration thereof into SANRALs Integrated Transport Information System (ITIS). It is important to note that adherence to SANRALs protocols for engineering, topographical and photogrammetric surveys, together with the use of SANRALs Pro-forma Survey Tender Documentation, will facilitate the request by SANRAL to the Survey Service Provider for the compilation of the required Cadastral Key Plan. Failure to do so will result in the Cadastral Key Plan being compiled months later and this can delay the entire land acquisition process.
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The generation of digital Orthophotos, being one of the products of the design survey, provides the following advantages to the land acquisition process: It informs the Consulting Engineer and all Service Providers involved in the Land Acquisition Process of improvements, developments, land use and land development potential on a much larger area than a topographical strip survey (which is usually only done in respect of the area within the road reserve). This is particularly advantageous when consideration the design criteria and the determination of land value during the valuation process; It enables the pro-active identification of potential delays/costly acquisitions or potential show-stoppers fairly early during the design process; It provides a date stamp on land use, improvements and developments, which may sometimes become critical during acquisition negotiations; and It facilitates ease of communication between all role players (including landowners) due to its user-friendly presentation of the surveyed data. It is further useful to note that the design survey will be let out on tender, which will result in a different survey entity undertaking this survey work and not SANRALs Survey Service Provider.
5.2.1
Borrow Pit and/or Quarry Surveys

The execution of the photogrammetric and/or topographical strip surveys for design purposes, is influenced by the approval of the pavement design, the identification of potential sources of material and the subsequent material tests that have to be undertaken. For this purpose provision has been made in SANRALs pro-forma survey tender documentation to have the appointed Survey Service Provider execute a topographical survey of all identified borrow pit and/or quarry areas. Further provision has been made to have the external survey entity stake the boundaries of the borrow pit or quarry after the exact boundaries of such areas have been determined after due cognisance have been taken of the volume of required material, haul distances and the availability of the quantities of material at each of the sources.
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The SANRAL Project Manager and Consulting Engineer must exercise due diligence to ensure that the borrow pits and/or quarries are identified as early as possible in the design process in order to minimise the possibilities of encountering delays related to the obtaining of access to site.
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5.3
Cadastral Key Plan

Summary of Activity Undertaken By: Predecessor Activities SANRALs Survey Service Provider Commissioning the photogrammetric and/or topographical strip surveys for design purposes; Identification of potential material sources Cadastral Key Plan in respect of a 400 meter wide strip along the affected routes centre line; Cadastral Key Plan in respect of the potential sites for obtaining material sources, spoil areas etceteras; Integration of Cadastral Key Plan into SANRALs GIS (ITIS) 2 - 8 weeks, depending on the number of properties affected by the project. This process is primarily dependant on the performance of the Surveyor Generals respective offices. It is Governments objective to decentralise the functions of the Surveyor General into each of the Provinces.
Estimated Duration of Activity Qualifications
Following the commissioning of the design topographical survey, a Cadastral Key Plan showing the cadastral boundaries of all of the affected properties, can be prepared. The Cadastral Key Plan is prepared by SANRALs Survey Service Provider. This process involves the sourcing of SG Diagrams and General Plans from the respective Surveyor Generals Offices in South Africa and the reconstruction of the cadastral boundaries of the road to an accurately calculated uniform projection (WGS84), covering a 400 meter wide strip along the affected route (Refer TMH 11 Survey Specifications). The Cadastral Key Plan forms the basis from which the land acquisition requirements are determined and from which the subsequent process of subdivision actually departs. SANRALs Survey Service Provider is contractually liable for the accuracy of the cadastral data as the digital cadastral data sets currently provided by the Surveyor General, unfortunately do not conform to the uniform accuracy standards required in this process and can therefore not be used. This may, however, change in future.
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Cadastral Key Plans are not only required in respect of the affected route, i.e. all properties within and adjoining the designed road reserve from the construction start point to the termination point of the construction, but also in respect of all sites identified for borrow pits and quarries, spoil areas and temporary deviations if they are located outside the coverage of the original Cadastral Key Plan. For this purpose it is essential that the Consulting Engineer provides SANRALs Survey Service Provider with an appropriate indication of the location of such borrow pits, quarries, spoil areas, etceteras. This can be done on a 1:50 000 Topo-Cadastral Map, provided that the co-ordinate grid values are retained if done in digital format.
Illustration 5.3.1: An example of/extract from a Cadastral Key Plan.
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5.4
Preliminary Engineering Design

Summary of Activity Undertaken By: Predecessor Activities Consulting Engineer Photogrammetric and/or topographical strip surveys for design purposes; Cadastral Key Plan; Procure co-ordinates of National Road Declaration from SANRALs Survey Service Provider; Property Report Prelim Design Report Submission of prelim data to SANRALs Survey Service Provider to facilitate the compilation of the Acquisition Key Plan. 1 - 4 months, depending on the scope of work of the specific project The compilation of a Property Report in conjunction with SANRALs Land Portfolio Service Provider and Valuers is an output of this process which informs the approval of the design by SANRAL. However, for the sake of clarity, the Property Report is discussed as a separate process under paragraph 5.5 of this Guideline Manual.
The design is the most important element governing the entire land acquisition process and any change thereto or oversight therein, can delay all the processes down the line. A change in design has the effect that work has to be re-done with subsequent financial losses to SANRAL and its other Service Providers. In order to shortening the period required to address all facets of the acquisition process, certain tasks can be dealt with in parallel. For instance, it will be useful if the Consulting Engineer submit a preliminary design to both the Survey and Land Portfolio Service Providers in order to enable them to simultaneously start with the sourcing of different types of property information. However, this does not mean that the design process can take longer to complete. The final design might affect further properties for which the period in which to source the required property information can again compromise the meeting of the allotted deadlines. Borrow Pits can be indicated on a 1:50 000 map to enable the sourcing of the required property information.
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It is imperative that consideration be given to the following aspects during the design process in order to eliminate the need to address them later on during negotiations with the affected landowners:
5.4.1
Submission of Preliminary Data to SANRALs Survey Service Provider

Upon the identification of any land acquisition requirement (road reserve, borrow pits, quarries, stockpile areas, access roads1 or temporary deviations), it is imperative to submit the data as soon as possible in the correct format to SANRALs Survey Service Provider in order to facilitate the compilation of the Land Acquisition Key Plan. Timely submission of this data allows all other Service Providers to start their work on time. The data that must be submitted to SANRALs Survey Service Provider, must be submitted in accordance with the specifications stipulated under item 5.6.1 below.
5.4.2
Road Reserve
The areas required for additional road reserve purposes, constitute permanent land acquisitions and will ultimately be sub-divided from the parent properties and will be formally transferred into the name of SANRAL. improvements, services, infrastructure, development It follows that any and registered or
unregistered rights within the said areas, will (either temporarily or permanently) have to be re-instated, relocated or compensated for. It is therefore imperative that the Consulting Engineers must supply sufficient data that indicate both the existing road reserve, as well as the proposed widening of the existing road reserves. This information is critical for the preparation of acquisition documentation as the existing road reserve will serve as the basis, not only for determining compensation, but also for the method of transferring the affected portions of the relevant properties into the name of SANRAL and to satisfy the appropriate requirements of the Deeds Registry Act.
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The road reserves of national roads are defined by declarations based on either co-ordinates or description. The latter is particularly applicable to those portions of the provincial road network that was incorporated by SANRAL as part of the Primary Road Network. SANRALs Survey Service Provider has been appointed to maintain and update the national road declarations. The Consulting Engineer must obtain the relevant declaration/s of the affected route from SANRALs Survey Service Provider. In the case of a declaration by description, the rule of thumb is that the existing fence lines defines the existing road reserve boundary, but due cognisance must also be taken of the cadastral boundaries and the published width of the proclaimed road reserve. However, if there are no existing fences or no indication of where the fences had been erected, the definition of the road reserve shall be determined in collaboration with SANRALs Survey Service Provider. During the incorporation of certain provincial roads into the Primary Road Network, SANRAL did not always incorporate the sections of those roads that go through towns. The start and end points before and after towns are commonly referred to as terminal points of the national road declaration. SANRALs Survey Service Provider. Detailed information regarding the relevant terminal points, can also be obtained from
5.4.3
Access Roads
Right at the start of the design process, the Consulting Engineer must clarify the terms of its appointment with regard to access management on the specific section of road. The design process must be integrated with the statutory classification and management of any access to and from a National Road and thus, the following must always be considered during the design phase: Route Access Classification: National roads are declared with a limited or restricted access status, or with a status that prohibit all access to and egress from the road. A change in this status may necessitate the revision of the design in order to provide for under or over passes to cater for livestock or implements crossing from one side to the other side of the road.
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Statutory Access Use Classification: Based on the specific use, access roads are classified into four major categories, being (i) access onto a Public Road (i.e. a declared Provincial or Municipal Road), or in the case of a private use access, (ii) a Business Access, (iii) a Farm Access and (iv) a Camp Access. Each of the afore-mentioned types of accesses has different geometric design standards relating to the roadway and the at-grade intersection design. It is also important to note that the Bell-mouth at an access, was previously excluded from the land that had to be acquired for road reserve purposes and/or included in the defined road reserve that is to be declared by SANRAL. This has now changed and the Bell-mouth now forms part of the road reserve to be declared and thus, the land affected by the Bell-mouth, must also be acquired.
5.4.3.1
Access Roads used by the General Public

It is important to determine the legal status of al public access roads at the outset and to obtain copies of the governing declarations that vest the public road under the authority of the Provincial, Local or District Authority. The Consulting Engineer must discuss and get the necessary approval from the relevant Authority (including servitude owners) before re-designing any existing or designing any new access roads. These approvals must be provided to SANRAL as reference thereto must be included in the land acquisition process. SANRAL will then acquire the additional land that is required subject to the terms of the agreement that was reached with or conditions that were imposed by the relevant Authority or right holder. If required, the said land will then be surveyed and subdivide whereafter the land will firstly be transferred into the name of SANRAL, but will later be transferred into the name of the Authority under whose jurisdiction the relevant Access Road will fall. The last-mentioned transfer will, however, be subject to the amendment of the relevant municipal or provincial road declaration. In most cases, SANRALs Survey Service Provider will prepare the required amending declaration documentation (including the de-declaration of the old alignment) and will submit same to the relevant Authority to publish the declaration amendment. Until the publication of the amending declaration, the responsibility to maintain the Access Road will be with SANRAL.
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Full and unencumbered ownership of land that is no longer required for road building purposes, may revert back to the landowner upon the declaration of the new alignment. However, this will depend on the provisions of the applicable provincial legislation that was initially used at the time to obtain ownership of the land or right to use the land affected by the old alignment of the Provincial Road.
5.4.3.2
Access Roads for Private Usage

In terms of the provisions of the Land Survey Act, 1997 (Act 8 of 1997) no property may be left without a formal and/or registered access to such property. New access roads are usually required to provide access to properties whose access has been cut off as a result of the construction of a National Road, or if an existing access to a National Road has to be closed and re-located for safety reasons. Full ownership of land required for access road purposes is usually not required. However, the only way to safeguard access roads, as well as to safeguard all landowners rights to access, is by way of servitude registration. Therefore, an Agreement whereby the access road is to be formalized and whereby SANRAL is granted authority to register a Right-of-way Servitude against the Title Deed of the affected property, has to be entered into between SANRAL and the affected landowner. When existing access roads are closed and the access points are moved as a result of safety issues, the affected landowners are also entitled to compensation for the loss of the land required for the relocation of the access roads and any real financial losses that may be suffered as a result thereof. The quantum of such compensation must also be taken into account during the design phase. Consideration must also be given to the specific use of an access road (i.e. is it a public, business, farm or camp access). In particular, the Consulting Engineer must determine the size and type of vehicles or farming equipment that will be using a specific access in order to design and ensure a safe entrance to or exit from the national road. Attention must also be given to ensure that the bellmouth design allows for sufficient space that any such vehicles or farming equipment can be safely off the roadway before entering the gate at the access point. It is therefore very important that the affected landowner must be consulted before the access road design is finalized. The process to be followed during the
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compiling of a Property Report, also allows for this interaction between the Consulting Engineer and the affected landowners.
5.4.4
Temporary Deviations and Stock Pile Areas

The required use of the land for temporary deviations and stockpile areas, is of a temporary nature. Therefore, the Agreement that will be entered into with the affected landowners will in such instances, provide for a clearly specified time period during which the required land may be used. The negotiation process followed in order to obtain the right to use such land, as well as the determining of the quantum of the compensation payable in respect thereof, are similar to those relating to the acquiring of land in respect of which full title will ultimately be taken. The quantum of the compensation will for instance also represent the full market value of the affected land, as well as an amount to make good any real financial losses a landowner may suffer as a result of the use of the land. The Consulting Engineer must, when compiling the required Property Report, ascertain the rehabilitation requirements for these temporary deviations in collaboration with the landowner. The Consulting Engineer must specify the usage period for each property (inclusive of the rehabilitation period) and must communicate the relevant start and termination dates as early as possible, preferably simultaneous with the providing of the design data to SANRAL and its Service Providers involved in the land acquisition process.
5.4.5
Borrow Pits and Quarries

Full ownership of borrow pits and quarries are only taken upon the explicit instruction to do so by SANRAL. In most cases, only an Agreement will be entered into for a specified time period in which the required land can be utilised. However, the negotiation process to obtain the temporary right to use such land, is similar to the acquiring of full ownership of affected land. The compensation payable for the right to use the land temporarily, will also represent the full market value of the affected land, as well as an amount to make good any real financial loss the owner may suffer as a result of the use of the land. The Consulting Engineer must therefore determine the required usage period for each borrow pit and quarry (inclusive of the rehabilitation period) and must communicate the relevant start and termination dates as early as possible, preferably simultaneous with the providing of the design data to SANRAL and its Service Providers involved in the land acquisition process.
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It is again reiterated that the complying with all the requirements of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), is not part of the responsibilities of the Service Providers involved in the acquisition process. Depending on the contents of the design or the construction contracts that SANRAL entered into, it will be part of the responsibilities imposed on either the Design Engineer or the Contractor responsible for the ultimate construction. Therefore, approvals and permits required for the establishing of Borrow Pits and Quarries will not be sourced or applied for by the Land Portfolio Service Providers, Survey Service Providers and/or the Valuers. In as far as the design requirements are concerned, it is important to note that the original boundaries of the survey done of a proposed borrow pit or quarry area, do not represent the design boundaries of the borrow pit or quarry. The Consulting Engineer must, after having taken the material and geotechnical investigations, the haul distance and material requirements into account, design the exact boundaries of the borrow pit or quarry. During the design of these boundaries, due consideration must be given to cadastral boundaries, camp boundaries, relative location of the borrow pit or quarry in relation to the land use on a farm, as well as access to such a borrow pit or quarry. Even if there is an existing private access road, such access must be communicated to the Service Providers as formal approval must still be obtained for the use thereof by construction vehicles. The location of such access roads must be determined in collaboration with the landowner, giving due consideration to minimising the impact it may have on the specific land use and/or agricultural activities. In respect of the compensation payable for the right to use land for Borrow Pit and/or Quarry purposes, it is again reiterated that two basic scenarios can be applicable: Firstly, in terms of Act 28 of 2002, the control of all minerals has been reserved by the State. This means that a landowner is not entitled to the minerals on his land, nor can a landowner sell such minerals. The compensation for the right to use land for these purposes, is therefore based on the actual market value of the portion of land that is required for the establishment of the borrow pit or quarry, as well as the real financial losses the owner may suffer as a result of the establishment of the Borrow
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Pit or Quarry. Therefore, under normal circumstances the said
compensation can not be based on the amount of material to be removed from the required land. The second scenario relates to the few instances where a landowner or other Rights Holder is in possession of the required mining permits as contemplated in Act 28 of 2002. In such instances, depending on the type of permit, a landowner or the holder of the permit is entitled to be compensated in respect of the volume of material to be excavated. The costs of commercial sources versus the cost to pay compensation for the loss of minerals, as well as the costs relating to the excavation of the required material, therefore need to be compared before a decision is taken to proceed with the acquisition of the right to use the land on which approved rights are in place. It is logical that certain minerals might be more expensive than others and the Consulting Engineers should therefore familiarize themselves with any permits in respect of minerals on a specific property and take such information into account when designing and sourcing materials. Please note that the determining of the value of the material is a very complicated issue as a myriad of variables are involved. It is thus of the utmost importance that the SANRAL appointed Valuers must be involved to determine the value of the compensation payable for such minerals or rights, at an early stage in order to make an informed decision on the way forward. It should also be noted that the compensation in this regard is not always dealt with on a pay-as-you-go basis during the construction period and compensation, but is often paid out up-front based on the estimated quantum of material to be removed, which estimation is to be provided by the Consulting Engineer. Exceeding the original estimated quantities may therefore result in further claims from the affected landowner. However, if a smaller quantum is ultimately used, it will not reduce the contractual compensation amount that was paid out up-front.
5.4.6
Severed Land
It is inevitable that properties will be severed by road reserves. A typical example is indicated below within the red circle (Example 1). In this instance, a portion is severed in such a way that it is render useless to the owner and will also not be able to exist as an independent unit. Furthermore, access to the severed land will in most instances not exist. However, we do find cases where access is
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available to the small portion of the property and the larger portion is then severed without access. This poses an even greater financial liability if access is not provided. Care should be taken to ensure that access is, as far as possible, always available to those portions of properties that are severed by the road, especially if large portions of land are being severed.
EXAMPLE 1
We also find that in certain cases, the road reserve divides a property in half. In example 2, below, a property is halved in such a manner. The relevant property is encircled in red below. Note should be taken of the existing land usage. If it is grazing land, the effect would be less on the owner compared to intensive farming, though careful consideration needs to be given to the need for agricultural under- or over-passes in view of the grazing camp rotational scheme commonly implemented in the agricultural sector.
EXAMPLE 2
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Although the provision of such agricultural under or over-passes is costly, it is important to note that SANRAL is legally obliged to put the landowner in the same or in a similar position than that what he/she was in before the construction of the road. This may well require the comparing of the costs related to the provision of an agricultural underpass with the costs associated with the acquisition of the severed portion of land. It also need to be noted that where severed portions of properties are acquired, they must be subjected to being subdivided in terms of Act 70 of 1970 (which governs that agricultural land being subdivided, should be able to function as an independent economically viable unit) in order to facilitate the transfer of the severed land to SANRAL. If the consent required in terms of Act 70 of 1970 can not be obtained, it may result in SANRAL being obliged to acquire the entire property, irrespective of whether access is available to a large portion thereof. The same situation prevails in respect of properties other than agricultural land. If it happens to be commercial land, the cost would be far greater than residential land. In the case of a green fields scenario, it is not always possible to cross land with out dividing properties. The Consulting Engineer should, however tri to minimize such divisions as far as possible. With the upgrading of an existing road, another scenario presents itself. portion shown in purple is thus the severed portion that needs to be acquired. In
Example 3 below, the red line indicates the widening of a road reserve. The
EXAMPLE 3
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If we assume that the portion in green is commercial land that has been zoned as such subject to certain conditions regarding bulk coverage, etceteras, the acquisition of the portion in purple may reduce the size of the green portion to such an extent that the zoning may not be possible or an envisaged commercial development may no longer be allowed. It is thus of importance to take into account these circumstances and to design the road to minimize the impact on the property as far as possible.
5.4.7
Other aspects to take into consideration

Drainage: This is particularly sensitive where agricultural activities are being undertaken. The Consulting Engineer must ensure that proper consultation take place with the affected landowner regarding the location and nature of drainage structures to be provided under the construction project. Fencing: The principle is that SANRAL must put a landowner in exactly the same or similar position than that what he/she was in prior to the construction of the road. The Consulting Engineer must firstly ensure that the exact specifications in respect of the existing fencing on each of the affected properties are determined and are measured during the topographical surveys. In taking it forward one could have more than one approach, i.e o the Consulting Engineer makes no provision under the contract for any other type of fencing other than the standard fencing normally provided by SANRAL. Compensation for different types of fencing would therefore need to be paid under the land acquisition process. This compensation is subject to the obtaining of quotes, co-ordinating the removal of fence material which can be re-used and the timeous removal of the fence. However, there is a risk that the landowner can either use the monies paid to him for something else or have to wait for SANRAL to pay him first before being able to relocate the fence, thereby passing the liability directly onto SANRAL for the potential standing time of the Contractor; or o the Consulting Engineer makes provision for the erection of the specific fencing type under the construction contract. The advantage of this approach is that risks are much more appropriately addressed and manageable.
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Servitudes: If existing servitudes are to be re-located, the servitude owners consent must be obtained as a Real Right will effectively be infringed upon and this may hold significant compensation implications. It should be noted that only servitudes indicated on the Surveyor Generals General Plans, will be reflected on the Cadastral Key Plan compiled by SANRALs Survey Service Provider. Notarised Servitudes reflected or referred to in Title Deeds, are not captured on the Key Plan, unless the Survey Service Provider is specifically requested to do so by either the Consulting Engineer or SANRALs Land Portfolio Service Provider, or upon identification by the Consulting Engineer of such right being infringed upon during the compilation of the relevant Property Report. In such cases the Consulting Engineer must provide a geo-referenced indication of the existing notarised servitude to the Survey Service Provider, together with the design for the reinstatement or re-alignment of such rights to another location if applicable. Services: The Consulting Engineer must address existing services with sensitivity as they may have been in existence for a long period of time. SANRAL may have inherited the prevailing situation during the incorporation of provincial roads into the primary road network. For this reason it may be advisable to make provision under the construction contract to formalise these services in a proper manner. The alternative may be to pursue the expropriation route if an amicable Agreement with the landowner or service owner can not be reached. It is also important to note that during the original design topographical and/or photogrammetric survey, only visible services would have been recorded. A whole host of existing services may be situated below the surface and their actual positions may not always be recorded in the office of the Surveyor General. The Consulting Engineer must therefore question landowners, Municipal Service Delivery Departments and other Service Providers such as ESKOM, Telkom, etceteras, to ensure that an accurate indication of these services is obtained. If a specific service has to be relocated, it is imperative that the process and costs associated with the procurement of the land onto which the service is to be relocated, is discussed with SANRAL and SANRALs Land Portfolio Service Provider.
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5.5
Property Report
Summary of Activity Undertaken By: Consulting Engineer in consultation with SANRALs Valuer and SANRALs Land Portfolio Service Provider Prelim Design Identification of Land Acquisition requirements on each property; Material and Geotechnical Investigations Identification of potential material sources; Access Management Plan Identification of land requirements for access roads1; and Identification of land requirements for traffic accommodation (temporary deviations) Property Report; Letters from Landowners confirming willingness to negotiate re the alienation of the affected land; Achievable land acquisition within the timeframes provided in program 1 - 4 weeks dependant on the number of properties / landowners affected by the specific project The compilation of a Property Report in conjunction with SANRALs Land Portfolio Service Provider and Valuers forms part of the Prelim Design Process and informs the approval of the design by SANRAL. For the sake of total clarity, the preparation of the Property Report is discussed as a separate process in this Guideline Manual.
Predecessor Activities
This process entails the interviewing of each of the affected landowners during the design phase of the works. Such interviews are to be conducted by the Consulting Engineer and (where necessary) in collaboration with SANRALs Valuer and the objective of the interviews should be the identifying in a pro-active manner of any design changes that may be required in order to accommodate legal requirements and/or reasonable requirements of the landowners that could influence the successful acquisition of the affected land; identifying of the most cost effective solution to the acquiring of specific land parcels and the comparing of various design solutions and associated costs
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with the compensation value of severed land which may have to be acquired; and pro-active addressing of potential delays, impossible or difficult acquisitions, potential expropriations and costly acquisitions with alternative geometric design solutions and/or contractual provisions. It should be noted that the Property Report to be submitted by the Consulting Engineer, is regarded as a first draft upon which SANRALs Land Portfolio Service Provider will expand following the process of Property Data Sourcing. The Property Report to be submitted by the Consulting Engineer should include the following information on each affected property where land needs to be temporarily or permanently acquired:-
5.5.1
Property Description
A full and detailed property description must be provided, together with an indication of the extent of the full property, the Title Deed Number it is held under and the Province in which the property is situated. sourced electronically from the Registrar of This information can be Deeds via the Internet
[www.windeed.co.za], or [Deedsweb on www.deeds.gov.za]
5.5.2
Landowners Details
Full details of the registered owner of each affected property, must be provided. In the event that such landowner is a natural person/s, the identity number/s of such person/s must be provided. If the person is married within community of property, their spouse/s detail and identity number(s) must also be provided; a Company, Trust or Closed Corporation, the entitys registration number must be provided. The entity must be requested to either furnish a resolution delegating a natural person with whom the land acquisition may be negotiated, or provide an indication of the process and time frames required to submit and obtain approval of an offer of compensation and to have the necessary acquisition documentation signed.
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All contact details of an affected landowner, including the physical address where the property owner or his/her representative can be contacted, as well as a postal address, telephone number and cellular phone number, must be provided. In the case of Trusts, Close Corporations and Companies, the contact details of the relevant authorized and/or legal representatives of the landowner, must be provided.
5.5.3
Classification of the type of the affected land

An indication of the classification of the land to be acquired, must be provided. The following classification must be used for this purpose: Differentiate firstly between whether the land to be acquired will be for the purpose of the widening of an existing national road or constructing a Green fields road (new alignment); Differentiate secondly if the land to be acquired is in the ownership or under the control of o o a private individual (the details of which has already been captured under item 5.5.2); the State, in which case the details of the User Department or Authority controlling the land, must also be provided if possible and specific reference must be made if the land is used or earmarked for any the following: o o Land Reform and Land Reform for Agricultural Development (LRAD); Housing or School Projects; Defence or Police Services; Research (including land belonging to/under the control of the Agricultural Research Council); or Transnet or SARCC, in which case the details and contact details of the entitys representative must be provided; a Tribal Authority, such as un-alienated State Land and Tribal Land, in which case the details of the relevant representative at the Department of Land Affairs, as well as the details of the Tribal Chief and the representative of the affected community or people, must be provided if at all possible. Specific notice should also be made if the said land is SANRAL LAND ACQUISITION GUIDELINE MANUAL Revision 3/2008
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held by the Ingonyama Trust; part of a State Domestic Land Asset; or held under Quitrent Title
The zoning of the property must be recorded. In the case of built-up areas or where the landowner indicates that he/she is in the process of acquiring development rights on the property, it is crucial to procure the municipal town planning zoning of the relevant property as it may render such land extremely costly to acquire. The current use of the land (differentiating between agricultural, residential and commercial usage), must also be provided.
5.5.4
Required Area and Required Usage

The approximate extent of the portion of the property that is required, must be recorded together with an indication of the purpose for which the portion of land is to be used (i.e. road widening, new road reserve (Green fields), access road, borrow pit, an access road to a borrow pit a temporary deviation, etceteras). In the event that more than one use is envisaged, please indicate the required area for each use separately.
5.5.5
Improvements affected by the Land Acquisition

All improvements situated within the area to be acquired, must be recorded. Improvements should not only be seen as structures, but also improvements such as boreholes, electrical installations (including sub-surface installations), water pipes and any other movable improvements such as animal drinking troughs, borehole pumps, etceteras. The type of crops on agricultural land, the envisaged date when these crops will be harvested, as well as full details regarding the type and specification of the existing fencing, must also be recorded. The list of affected improvements must be as comprehensive as possible and must address all matters that can affect the value of the land.
5.5.6
Occupants
The names and identity numbers of all occupants living within the area to be acquired, must be recorded meticulously together with the date from which they occupy the affected land as they may have rights to the property in terms of various legislation. Details of the structures in which the occupants live must be recorded and must be supplemented with photographs. Details of livestock grazing the affected area or the adjacent area must also be recorded.
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In the case of an obvious illegal occupation of the affected land, it is advisable to make copies of the identity documents of all the occupants and to inform SANRAL, as a matter of urgency, of the suspected illegal occupation. Security measures should be implemented in such cases in order to prohibit an escalation of occupants within the affected area. It is important to note that SANRAL can not incur any expenses on land which it has not acquired as yet. It should be further attempted to procure as much as possible information (including information obtained from the Local Authority) regarding whether these illegal occupants have been put on a waiting list for a housing subsidy scheme. It is essential to determine a realistic time program for the relocation of these illegal occupants.
5.5.7
Rights on Property
Any and all rights registered against the property shall be recorded by the Land Portfolio Service Provider (Including any Servitudes, Deeds of Restraints, Lease Agreements, Usufructuaries, Bonds, etceteras.) However, the Consulting Engineer must question the landowner in order to ascertain whether there are any rights to the property which are not recorded in the Title Deed. A meticulous approach must be followed with respect to existing mining and/or surface rights. Permits of whatsoever nature must be recorded and if possible, copies thereof must be obtained. As much as possible information regarding any rights and the holder of such rights (including contact details) must also be obtained.
5.5.8
Access to Property
As already indicated in Item 5.4.2 and 5.4.3 above, due consideration must always be given to the following: SANRALs Access Management requirements for the affected section of national road, i.e. limited/restricted access versus prohibiting any access to and from the national road; The access classification applicable to all access points to the affected section of national road, i.e. in the case of a declared public road, whether it is a Municipal or Provincial road, or in the case of a private usage road, whether it is being used as a business access, a farm access or a camp access road;
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In the case of public roads, the legal status of such road (i.e. the Municipal or Provincial declaration details) must be procured and full details with regard to approvals relating to (for instance) re-alignments or closure of such public roads, must be provided. Details regarding the approach that was followed with regard to the acquisition of the right to use the affected land, the subsequent transfer of the land to the relevant Authority (if applicable), as well as details relating to the amendment of the relevant declarations, also need to be provided; In the case of private use access roads, special consideration must be given to the following matters:o o No property may be left without a formal, approved or registered access; If access to a property is being negatively affected by the road construction or required land acquisition, please indicate how access to the property will be re-instated. An indication must be given whether the location and nature of the new Access Road has been discussed with the landowner and if the landowner is agreeable to the proposed solution; o o o Any foreseen real and direct financial losses that may be suffered as a result of the relocation of the Access Road, need to be recorded; Bell-mouth design requirements for each of the access points, need to be recorded; In the event that a Right-of-way Servitude needs to be registered over a specific property in favour of another party/other parties, the necessary consent must be procured from each of the parties that will be affected by such Servitude.
5.5.9
Landowners Requests or Qualifications

This item in the Property Report refers to any requests or qualifications made by the landowner. It is of the utmost importance that these conditions and requests, together with the Consulting Engineers proposed solutions are meticulously recorded. It follows that if such a qualification or requests requires the attention of or inputs from SANRAL, any of the Service Providers involved in the Land Acquisition process, or any other role player or Service Provider (such as the Environmental Consultants), the particular matter should be brought to the relevant role players attention as soon as possible. The following detail should be recorded:
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The amount of the compensation requested by the landowner for the affected land. Differentiate between the unit prize required for grazing, dry lands, irrigated lands (differentiating further between normal irrigation and pivot points) and developed/developable land. This compensation or unit values should represent the landowners perspective of what will represent a fair market value. Any identified or potential financial losses to be suffered by the landowner as a result of the road construction, must be recorded in detail, as well as an estimated value for such financial loss. Any design changes or additions required by a landowner, together with the estimate design costs should such design costs be considered to have been excluded from the original scope of work and appointment/tender, must be listed and provided. In the case of an alternative design solution being offered to minimise land acquisition costs, a cost comparison need to be provided with supporting documentation (including an estimate of the construction cost). All qualifications and requests made by the landowner, together with the proposed action or consideration pertaining to each qualification or request, must be clearly listed. If any qualification or request needs to be referred to another role-player for consideration or action, the recorded data must clearly identify the relevant role player.
5.5.10
Severed Land
When the road reserve divides a property or severs a portion of a subject property, irrespective if the need for the acquisition of land arises from the upgrading of an existing road or the construction of a new road alignment (i.e. a Green fields scenario), careful consideration must be given to the following: In the case of the upgrading of an existing road, the following information must be obtained when land is being severed: The land use on the portions of the affected property on both sides of the road reserve (i.e. the severed land and the rest of the mother property). The approximate extent of the land which is being severed, together with an indication of all existing developments on the severed portion of land.
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Access details to both portions of the affected property. If no access exists to either portion of the property, it is imperative to ascertain o whether access to the said portion was lost as a result of the proposed upgrading of the road, in which case it must be established whether a suitable access can be provided. (The position and nature of such a new access must be determined in conjunction with the landowner, as well as SANRALs Survey Service Provider, Valuer and Land Portfolio Service Provider.); or o whether access to the said portion was lost as a result of the initial construction of the road, in which case it must be ascertained why the former roads authority did not re-instate access to the said portion. (In the past some road authorities, especially if it was more cost effective, elected to rather pay the landowner the full market value of the severed land than to re-instate access to the said portion, i.e. the market value of the severed land was reduced to R0.00 and thus, it will still be more cost effective for SANRAL to rather buy out the land at a zero or nominal value than to provide access to it.) The landowners written indication regarding whether or not he/she would (if necessary) be prepared to alienate such severed land to SANRAL and if so, under what conditions. In the case of the construction of a new road alignment, i.e. through a Green fields scenario, the following information must be obtained when land is being severed or a property is being divided by the road alignment: The land use on the portions of the affected property on both sides of the road reserve (i.e. the severed land and the rest of the mother property). The approximate extent of the land which is being severed, together with an indication of all existing developments on the severed portion of land. Access details to both portions of the affected property. If access to either portion of the property will be lost as a result of the proposed construction of the road, it must be established whether a suitable and cost effective access can be provided to the said portion. The position and nature of the new access must be determined in conjunction with the landowner and SANRALs Valuer, and Survey and Land Portfolio Service Providers.
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The landowners written indication regarding whether or not he/she would (if necessary) be prepared to alienate such severed land to SANRAL and if so, under what conditions. Especially where landowners do not wish to sell the severed land, comprehensive details regarding the land use and the manner in which provision has been made in the design to provide for cross access between the relevant portions in order to allow for movement of cattle, agricultural implements, etceteras, must be recorded. The decision by the landowner not to sell such severed portion of land, must be recorded in the data.
5.5.11
Data to be submitted with the Property Report

An example of a fairly comprehensive Property Report is included in this Guideline Manual as Annexure 5. It is important to note that the Report in respect of each affected property can constantly evolve in parallel with the progress made with the design and/or subsequent land acquisition. If the preliminary design data (defining the land acquisition requirement) has been submitted in time, the Land Acquisition Key Plan would have been compiled and the property sourcing process by SANRALs Land Portfolio Service Provider will be well under way or completed. It follows that the section of the Property Report dealing with the rights on the property (Refer Item 5.5.7) will be corroborated by SANRALs Land Portfolio Service Provider. It is thus of utmost importance that as soon as the first/preliminary draft of the Property Report is available, it should be provided to SANRALs Land Portfolio Service Provider. Once the relevant Title Deeds have been sourced, outstanding information can be added or already available information can be verified, whereafter the updated Property Report will be returned to the Consulting Engineer for consideration, approval by SANRAL and distribution. The Consulting Engineer or Designers should especially take note whether any previously unknown servitudes or other rights which may impact on the design, were identified by the Land Portfolio Service Provider. As indicated in Annexure 5, a typical Property Report in respect of all construction projects, must include at least the following:
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Schedule of affected properties (in MS Excel): A list of all properties on the project that is/may be affected by land acquisition. An example of such a schedule is included as Annexure 5A in the example of a Property Report annexed to this Guideline Manual. Provision must be made in this schedule to capture at least the following fields for each respective case requiring land acquisition: o o o o o Property Description. Required/Intended use of affected portion(s). The type of land affected by the proposed/required acquisition. Type of Ownership of the affected property. Landowners contact details.
Property Report: The actual Property Report must contain all the information referred to in Items 5.5.1 to 5.5.10 above with regard to each and every property affected by land acquisition requirements. Data to be submitted in hardcopy (ISO A4 paper) and digital format (MS Word and/or MS Excel format). Please refer to the example attached as Annexure 5D. Design Drawings: Each affected land parcel or set of land parcels that required acquisition, a drawing must be submitted in digital (PDF) format. The required area(s) must be suitably highlighted. Letters from landowners stating whether they are prepared to negotiate regarding the alienation of the required land for the purpose it is required: Letters must be obtained from all landowners affected by land acquisition. Hard copies thereof must be submitted as part of the Property Report. Please refer to the example attached as Annexure 5E. Property Report Check-List: - This Checklist, of which an example is attached as Annexure 5G, must be completed for each affected case requiring land acquisition and must be signed off by the Consulting Engineer, the respective Service Providers and the responsible SANRAL Project Manager before the Final Property Report can be submitted to SANRAL. Other Records: Copies of all other available records relating to the affected properties (such as Deeds Office Search Reports, written communications addressed to or received from landowners, etceteras) must also be attached to the Report.
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Copies of all Interim, as well as the Final Property Report, must be submitted to the following role-players: One (1) copy to SANRAL for the attention of the SANRAL Project Manager. One (1) copy to SANRALs Survey Service Provider. One (1) copy to SANRALs Land Portfolio Service Provider. One (1) copy to SANRALs appointed Valuers;
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5.6
Final Engineering Design

Summary of Activity Undertaken By: Predecessor Activities Primary Output of Activity Estimated Duration of Activity Qualifications Consulting Engineer Prelim Design; Property Report Final design data defining the land acquisition requirements. 1 - 2 months depending on the scope of works relating to the specific project The final design phase includes the Compilation of construction tender documentation, the Advertisement of the construction tender and the Tender Evaluation. For the purposes of land acquisition, the final determination of the land requirements is the only requirement to trigger the next process.
Please note that the second most important date in the entire land acquisition process is the date on which the designs are finalized and handed over to the relevant role-players as this will trigger all other actions within the land acquisition process. The successful procurement of access to site within the time allotted or provided for in the project programming for land acquisition, is directly dependant on the correct and timeous submission of the design data as this defines the requirement for all land acquisition. It logically follows that the sooner a design can be submitted, the more time is available to meet deadlines and the more time is available to mitigate problems experienced later on during the acquisition phase. For instance, more time will be available to deal with reluctant or problematic landowners or accommodate changes to the design necessitated by practical implications affecting landowners which could not have been foreseen during the initial design. It is important to note that required design changes that affect property, have to be done after the preliminary/initial design was submitted, the Land Acquisition Key Plan must be amended, additional property data may need to be sourced and the Property Report (including negotiations with affected landowners) need to be updated, all of which may result in a delay in the land acquisition process.
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The final design data must address the acquisition requirements relating to all land required for additional or new road reserves, borrow pits, quarries, stockpile areas, access roads and/or temporary deviations required for traffic accommodation.
5.6.1
Submission of Design Data

Since Land Acquisition Plans form part of the legal documents required to facilitate the acquisition of land, accuracy and correctness of the information displayed thereon, is of the utmost importance and hence, so is the quality and format of the submitted design information. In this regard, specifications are given hereunder stipulating the format in which design data has to be submitted to SANRALs Survey Service Provider. Please note that non-compliance with these requirements by the Consulting Engineer will not only result in time delays and deadlines being missed, but also financial losses to SANRAL.
5.6.1.1
Design Data Specification: Acquisition of land required permanently for National Road Reserves purposes
The following data must be submitted to SANRALs Survey Service Provider: The original topographical or photogrammetric survey on which the engineering design is based and which shows the relevant grid in DXF, DWG or DGN format, must be submitted. The original topographical or photogrammetric survey digital CAD layer definition would have been submitted in accordance with the TMH 11 Specifications for Microstation and USmart Mapping and an example thereof has been included in this Guideline Manual as Annexure 7. It is imperative that the original layer definition must be retained in the submitted design data to enable SANRALs Survey Service Provider to digitally manipulate the layers in order to validate the definition of the new road reserve. The final design, defining the position of the new road reserve, must be digitally superimposed onto the original topographical or photogrammetric survey in a separate layer. The design aspects of importance which need to be reflected in the data to be submitted are SANRAL LAND ACQUISITION GUIDELINE MANUAL Revision 3/2008
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o o the definition of the proposed new road reserve; as well as the definition of the toe-line at cut and fills
It is of the utmost importance that the design is provided together with the relevant grid in order to orientate the design for the Southern Hemisphere in CAD Software (i.e. a process commonly referred to as Geo-referencing). The design must be based on the same Projection Datum as the original mapping, i.e. the Cape Datum or World Geodetic System (WGS) Datum. The relevant Projection Datum has to be specified clearly on the provided drawing. The correct manner in which the relevant Projection Datum must be recorded, is as follows: o o Cape Datum: Projection Datum: Clark 1880 LO 27. World Geodetic System Datum: Projection Datum: WGS 84 WG 27
The purpose of the land requirement (i.e. road reserve, borrow pit, access road, etceteras.) must be clearly defined and a clear differentiation must also be made between permanent and temporary acquisitions. The original topographical or photogrammetric survey for design purposes would have recorded all developments on the affected land at the time of the survey. There is sometimes a considerable time delay between the date of the original survey and the date the design is finalised and the acquisition of the required land can commence. This time delay may even be so long that the affected land has been developed in the said period. It is therefore imperative that any additional or further improvements on the land to be acquisition (as well as those within the immediate vicinity thereof) are recorded separately in respect of each affected property. The Cadastral Key Plan that was provided by the Survey Service Provider, must appropriately also be digitally integrated in accordance with the before mentioned CAD digital layer specification and must form part of the design data to be submitted. The design data must be submitted as follows: o One (1) digital copy on Compact Disc to SANRALs Survey Service Provider. The compact disc must be clearly marked with the Construction Project Details, namely the SANRAL Project Number, the National Road and Route Section Number, the Project Description, as well as the Consulting Engineers contact details (Name of Firm or Company, Contact Person and Contact Numbers).
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o The digital data must be accompanied by a letter reflecting the full directory and file index of the digital data being submitted and a copy thereof must be submitted to the SANRAL Project Manager. o Four (4) hardcopies of the design as an overlay on the original topographical or photogrammetric survey must be submitted in plan book format. One (1) copy must be distributed to each of the following role-players: o One (1) copy to SANRAL for the attention of the SANRAL Project Manager. One (1) copy to SANRALs Survey Service Provider. One (1) copy to SANRALs Land Portfolio Service Provider. One (1) copy to SANRALs appointed Valuers;
A Locality Plan shall be provided reflecting all the land acquisition requirements (including road reserve requirements for the widening of existing roads, new alignments, borrow pits, quarries, access roads1, temporary deviations etc.) This locality plan shall be on a 1:50 000 Topo-Cadastral map depicting the land acquisition requirements in a clearly visible, annotated dot on the map.
5.6.1.2
Design Data Specification: Land required for Temporary Deviations, Borrow Pits, Quarries and Access Roads to Borrow Pits and Quarries
(i) In the case of Borrow Pits and Quarries, the following data must be submitted to SANRALs Survey Service Provider: The original topographical or photogrammetric survey of the Borrow Pit or Quarry showing the relevant grid in DXF, DWG or DGN format. The designed boundaries of the Borrow Pit or Quarry clearly defining the area that needs to be acquired, must be digitally superimposed in a separate layer onto the original topographical or photogrammetric survey. It is of the utmost importance that the design must be provided with the relevant grid in order to orientate the design for the Southern Hemisphere in CAD Software (a process commonly referred to as Geo-referencing).
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The design of all Borrow Pits and Quarries must be based on the World Geodetic System Datum (WGS84). The relevant Projection Datum needs to be clearly specified on the provided drawing. The correct manner in which the relevant projection datum must be recorded is World Geodetic System Datum: Projection Datum WGS 84 WG 27. As the majority of all Borrow Pits and Quarries are only acquired temporarily for a period, it is imperative that the Consulting Engineers provide a clear indication of the start date from which the Borrow Pit and/or Quarry has to be acquired, as well as the period for which the right to use the area has to be acquired. In generally the duration of temporary acquisitions do not exceed a period of three years. For longer periods and permanent acquisition, SANRALs approval has to be obtained. The original topographical or photogrammetric survey for design purposes would have recorded all developments on the affected land at the time of the survey. There is sometimes a considerable time lapse between the date of the original survey and the date the design is finalised and the acquisition of the land commence. The affect thereof could be that land has subsequently been developed. It is therefore imperative that all additional improvements on the land to be acquired (as well as the land within the immediate vicinity thereof) are separately recorded for each affected property. The Cadastral Key Plan provided by the Survey Service Provider must appropriately be digitally integrated in accordance the mentioned CAD digital layer specification and must form part of the design data to be submitted. The design data must be submitted in the same manner and format as specified in Item 5.6.1.1. (ii) The following data needs to be submitted to SANRALs Survey Service Provider in the case of Access Roads to Borrow Pits or Quarries: The original topographical / photogrammetric survey of the borrow pit or quarry, showing the relevant grid in DXF, DWG or DGN format.
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The designed boundaries of the Borrow Pit or Quarry Access Road (new or existing access road) defining the area that needs to be acquired, must be digitally superimposed onto the original topographical or photogrammetric survey in a separate layer. In the case of only centre line coordinates being available of the specific Access Road, the Consulting Engineer shall provide an indication of the road width which needs to be acquired. It is of the utmost importance that the design must be provided together with the relevant grid in order to orientate the design for the Southern Hemisphere in CAD Software (a process commonly referred to as Geo-referencing). The design of borrow pits and quarries must be based on the World Geodetic System Datum (WGS84). The relevant Projection Datum needs to be clearly specified on the drawing provided. The correct manner in which the relevant projection datum must be recorded is as follows: o World Geodetic System Datum: Projection Datum: WGS 84 WG 27 Details of any public road to which an access road links up must be provided (including Route Number, Description and Status of the road) The Cadastral Key Plan as provided by the Survey Service Provider must be appropriately digitally integrated in accordance with the mentioned CAD digital layer specification and must form part of the design data to be submitted. The design data must be submitted in the same manner and format as specified in item 5.6.1.1.
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5.7
Land Acquisition Key Plans

Summary of Activity Undertaken By: Predecessor Activities Primary Output of Activity SANRALs Survey Service Provider Prelim Design / Final Design; Evolved Cadastral Key-plan indicating the land acquisition requirement; Land Acquisition Requirement schedule. 1 - 2 weeks dependant on the quantum of properties involved on the project. The subsequent processes in the Land Acquisition Process are dependant on the accuracy and up to date definition of the land requirement. Any delays in the registration of cadastral surveys at the offices of the Surveyor General and/or a substantial time lapse in the time period between the compilation of the original cadastral key plan and the finalisation of the design will require a validation of the cadastre data before continuing with the compilation of the acquisition key plan.
Using the originally compiled Cadastral Key Plan as basis, the engineering design is superimposed to visually reflect the exact land acquisition requirement for all permanent and temporary acquisitions. Declared Road Reserve/s; All past land acquisition (including expropriations); and All servitudes and/or restrictive conditions specifically requested by the Consulting Engineer or Land Portfolio Service Provider. From this a schedule is compiled of each and every land parcel that has to be acquired, which, together with the Land Acquisition Key Plan, facilitates management control on the land acquisition process. The Acquisition Key Plan is of the utmost importance as all property sourcing needs to be done based on correct, relevant and up to date property information. In addition to the above, the following data is also reflected on the Land Acquisition Key Plan:
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5.8
Property Data Sourcing

Summary of Activity Undertaken By: Predecessor Activities SANRALs Land Portfolio Service Provider Preliminary indication of land acquisition requirement Land Acquisition Key-plan defining the exact land acquisition requirement; Title Deeds; Records and information on historical acquisitions; Landowner Contact Detail; Identification of Rights to affected land and any other restrictive conditions 1 2 months dependant on the quantity of properties involved on the project. This process is primarily dependant on the accessibility and procurement of title deed documentation at the offices of the Registrar of Deeds. It needs to be noted that the title deed documentation which needs to be procured comprises a copy of the registered title deed which needs to be physically obtained from the offices of the Registrar of Deed, and not the title deed information which can be electronically procured via the Internet.
Using either the preliminary indication provided by the Consulting Engineers during the preliminary design phase or alternatively, by the Land Acquisition Key Plan, all cadastral information is used to source property information. The sourcing of this information is done on behalf of SANRAL by its Land Portfolio Service Provider. In this regard, Title Deeds, Interdicts and Caveats, Servitudes, Expropriations, restrictive conditions and property owner information (such as the name of the property owners, their contact details, etceteras) are sourced. If the project entails upgrading of an existing road, all past acquisitions must also be sourced. All the relevant information is then used to supplement the Land Acquisition Key Plan (see Item 5.7). However, the Registrars of Deeds and Provincial Authorities have priorities of their own, implying that they should be given as long as possible to provide required information. A waiting period of up to 2 months is often experienced when information is requested from these institutions.
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Please note that the initial sourcing of Title Deeds will be done by the Land Portfolio Service Provider on receipt of the Preliminary Property Report from the Design Consultants. The Land Portfolio Service Provider will then, on receipt of the Title Deeds, complete the relevant section/s of the Property Report.
5.9
Acquisition Plans
Summary of Activity Undertaken By: Predecessor Activities SANRALs Survey Service Provider Land Acquisition Key-plan Property Data Sourcing; Approved Acquisition Plans; 2 - 3 weeks dependant on the quantum of properties involved on the project. None
Primary Output of Activity Estimated Duration of Activity Qualifications
Acquisition Plans are required in terms of section 2 of the Alienation of Land Act (Act 68 of 1981). A further requirement of these plans were established in case law which stipulated that the Deed of Alienation and the annexed layout plan of the portion to be transferred, must be identifiable on the ground by a surveyor without reference to any of the parties. [Vermeulen vs. Goose Valley Investments (Pty) Ltd 2001(3) SA 896 (SCA) at 998I and Headermans (Vryberg) (Pty) Ltd v Ping Bai 1997 (3) SA 1004 (SCA) at 1008 J-1009 H]. Therefore, the more information that is made available, the better. The Land Acquisition Key Plan, together with the property data that has been sourced, informs the drafting of Acquisition Plans that are prepared by the Survey Service Provider. Depending on the number of diagrams to be prepared, the quality of the information received from the Consulting Engineers and the availability of required information, Acquisition Plans take approximately 2 to 3 weeks to prepare. The required land parcels, as well all relevant information (such as owners details and any other rights in the land that are known of at the time), are clearly indicated on these plans.
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Please note that only SANRALs Regional Managers have the delegated authority to approve Acquisition Plans.
5.9.1
Distribution of Land Acquisition Plans

Before approval of the Land Acquisition Plans, the drafts are circulated to the Consulting Engineers (DXF Format), the SANRAL Project Manager (PDF Format) and SANRALs Land Portfolio Service Provider (PDF Format) for final consideration. Any changes or amendments to the draft Acquisition Plans need to be provided within 5 working days in writing, where after the Survey Service Provider will seek to obtain approval of the Acquisition Plan/s. Upon approval of the Acquisition Plans, they are integrated into SANRALs GIS (ITIS) and again circulated to the Consulting Engineers (PDF Format), the SANRAL Project Manager (PDF Format), and SANRALs Land Portfolio Service Provider (PDF Format) for further action. It is imperative that the Consulting Engineers ensure that a copy of the approved Acquisition Plan is provided to their Supervisory Site Staff before the commencement of construction. The Site Supervisory Staff must in turn ensure that the fences are erected in strict accordance with the co-ordinates depicted on the Acquisition Plans. It should be noted that the co-ordinates depicted on the acquisition plans, reflects the final design co-ordinates and (where applicable) will also be used during the subdivision of the land,. Any deviation in the erection of fences from the defined coordinates on the acquisition plan may require an amendment to the Purchase or Wayleave Agreement to be entered into between SANRAL and the affected landowner, as well as the compensation amount payable in terms of such contractual agreements. soon as possible. It follows that any deviation from these defined boundaries during the construction process, must also be reported to SANRAL as
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5.10
Acquisition Documentation
Summary of Activity Undertaken By: Predecessor Activities SANRALs Land Portfolio Service Provider Property Report; Property Data Sourcing; Approved Land Acquisition Plans; EIA / EMP Correspondence with landowner/s; Deed of Sale / any other Agreement required to acquire a permanent / temporary right to the land 2 - 5 weeks dependant on the quantity of properties involved on the project. The process of sourcing the right holders contact information takes approximately 80% of the time assigned to this process.
The preparation of acquisition documentation is the responsibility of SANRALs Land Portfolio Service Provider and is prepared on receipt of the Acquisition Plans from the Survey Service Provider whilst utilising the relevant information gathered during the Property Data Sourcing process. This documentation entails, inter alia, the preparation of all required Agreements (being Deeds of Sale and/or any other Agreements such as Wayleave Agreements), as well as the documentation required in terms of the provisions of the Alienation of Land Act, 1981. Provided that all the required information has been obtained during the preceding processes, this process can take 2 to 5 weeks, depending on the number of cases of land acquisition to finalise. This includes letters and Agreements to be sent to the relevant landowners and SANRALs Valuers. Please note that documentation and letters also need to be sent out to all other holders of Rights in or on a property, such as Bondholders, Usufructuaries, etceteras. This task is or can be very time consuming as all Rights Holders information needs to be sourced during this process. The Consulting Engineers must always ensure that they provide the Land Portfolio Service Provider with the details of any obligation recorded or imposed on SANRAL following the Environmental Impact Assessment (EIA) or Environmental Management Plan (EMP) processes, which obligations need to be
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taken into account when concluding the acquisition negotiations with the respective landowners. During the distributing of acquisition documentation to the respective landowners, hardcopies of the covering letters Agreements and Acquisition Plans are also circulated to the respective SANRAL Regional Office. Upon finalisation of the acquisition process, copies of either the signed Agreements that were entered between SANRAL and the affected landowners, or the relevant Expropriation Notices, are also circulated to the respective SANRAL Regional Office. The draft Acquisition Documentation contains a clause whereby the landowner can impose conditions on SANRAL, which conditions have to be complied with during the construction period. Since these conditions are contractually imposed on SANRAL, failure to honour any such conditions provides the relevant landowner with a legal recourse against SANRAL in terms of the Purchase or Wayleave Agreement entered into between SANRAL and the landowner. It logically follows that it is of the utmost importance that the SANRAL Project Manager provides a copy of all signed Agreements to the Consulting Engineer in order to ensure that any special conditions that were imposed by the landowner, are honoured.
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5.11
Acquisition Negotiations
Summary of Activity Undertaken By: Predecessor Activities SANRALs Valuation Service Provider Property Report Approved Land Acquisition Plans; Acquisition Documentation Strip Valuation Report; Field Inspections and Negotiations; Signed Agreements; Valuation Documentation and Memoranda to SANRAL Board for approval of compensation 4 - 8 weeks dependant on the number of properties involved on the project.
The negotiation process is the responsibility of SANRALs appointed Valuers. In broad terms this process includes the conducting of Strip and Case Specific Valuations; the execution of Field Inspections; the conclusion of Acquisition Negotiations; and the preparation and submission of Valuation Documentation; which individual aspects are discussed hereafter.
5.11.1
Strip and Case Specific Valuations

Prior to entering into any negotiations with landowners, the Valuers need to obtain all relevant data relating to land sales within the specific area over a statistically representative period. This data is required to firstly determine the land market trends and calculate average values for different classifications of land within the said area, and secondly to ultimately determine a reasonable and fair market value of the land to be acquired. Depending on the area, this can be time consuming. However, the market value of the required land (which is determined from the strip valuation) must represents the market value at the time of the acquisition negotiations and therefore, it can not be determined too long before the date of the acquisition negotiations.
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5.11.2
Field Inspections and Acquisition Negotiations

Upon receipt of the Acquisition Documentation from SANRALs Land Portfolio Service Provider, the Valuers set up meetings with each affected landowner and rights holder with the view to negotiate the acquisition of the required land and the compensation payable in respect thereof. The duration of this process is directly dependant on:The availability and correctness of the landowners contact details; The availability and willingness of landowners to conclude the field inspections and negotiations; The classification of the different types of land that has to be acquired, i.e. privately owned land (taking cognisance of holders of real rights, personal rights, rights other than real rights, as well as informal rights) versus State owned land (differentiating between RSA controlled land, Transnet or SARCC controlled land, Un-alienated State owned land and land under Tribal control). Each permutation imposes different processes and time frames required to successfully conclude the relevant negotiations. The level to which issues that were raised by the landowner during the preparation of the Property Report, have been dealt with and addressed in the design. If any issue raised at this late stage, requires a re-design in order to be addressed successfully, the entire Land Acquisition Processes in respect of the affected property/ies may have to be revisited before the relevant negotiations can be concluded. Past experience has indicated clearly that because of the four qualifications referred to above, as much time as possible should be allowed for this phase of the work in order to ensure that all required negotiations can be finalised and the necessary documentation can be signed. It is extremely important that the Consulting Engineers and other Service Providers must record all discussions with landowners and must submit the relevant information for possible use by the Valuers. Many projects are also preceded by Environmental Impact Assessments (EIAs) or preparation of Environmental Management Plans (EMP), which also involves discussions with landowners. If any undertakings or promises are made to affected landowners
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during such assessment periods, complete written reports must (as early as possible) be provided to both the Land Portfolio Service Providers and the Valuers. This will enable the said Service Providers to correctly deal with any issue that may have an affect on rights, agreements or property values. It is also advisable that the Consulting Engineers should avail themselves to (where necessary) accompany the Valuers during the negotiation phase.
5.11.2.1 Value of and compensation payable for required land

Compensation is determined in accordance with the provisions of the Expropriation Act. The determination of compensation is based on two distinct values, being the market value of the affected/required land and reimbursement for any financial losses that may be suffered by affected landowners. The distinction between the two values is of extreme importance to SANRAL as the land value will be registered in the Deeds Office. This means that if financial losses are added to the land value, the value of surrounding land will be inflated as Valuers use the values recorded in the Deeds Office for comparable sales. The end result would be that land values could be artificially inflated, thereby negatively influencing not only the property market, but also future land acquisitions required for road building purposes.
(i)
Market Value of affected or required land

The Market Value of land reflects the actual value of the land that is required (i.e. what a willing buyer would pay for such land in the open market to a willing seller). The offer of compensation that will be made by the Valuer, will fundamentally be based on the results of the strip valuation that was done (see Item 5.11.1). It is important to note that the potential and best use of affected land is identified and hence, also compensated for if such potential and best use is financially feasible; economically feasible; practically feasible; and legally feasible
86 (ii) Real Financial Losses

Real Financial Losses represent all direct losses that a landowner will actually suffer, but does not include the value of land. Such real losses must be a direct and quantifiable loss to which the landowner is legally entitled. The potential loss of income, however, becomes extremely complex, and in most cases is considered to be an indirect and unquantifiable loss for which no compensation is payable. The principle that is applied as a rule of thumb is to attempt to always place or reinstate the landowner or rights holder into the same or a similar position as the one he or she was in before the acquisition of the land (no more, no less). Examples of such Real Financial Losses for which landowners or rights holders must be compensated, are replacement cost of affected water troughs, boreholes, structures, infrastructure, immovable improvements, etceteras; relocation cost of irrigation pipes, people, fences, etceteras; and planning cost, such as Professional Fees relating to the appointment of Consulting Engineers, Architects, Town Planners, etceteras.
(iii)
Affected Rights
The issue affecting the finalising of a transaction that is the most time consuming to deal with, is encountered where Rights in or to a property are held by juristic persons other than the registered landowner. In some cases, these Rights prohibit the landowner from agreeing to the alienation of the required land (such as where a Deed of Constraint is registered against the property or landowner). In such instances, any negotiations with the landowners are actually fruitless. More importantly, in such instances the acquisition and compensation payable must be negotiated simultaneously with all relevant Rights Holders, which often or mostly result in time delays in finalising the negotiation process. examples of Rights which may be relevant, are Lease Agreements or Servitudes; Informal Rights; Water Rights (including riparian rights); and Usufruct.
Further
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5.11.3
Valuation Documentation
Following the Negotiation Phase, whether a signed Agreement could be obtained from the landowner or not, the Valuers must submit to SANRAL for further attention and processing, the motivating documentation comprising of a Memorandum and a Valuation Report, as well as the signed Agreements (if applicable and available). SANRALs Chief Executive Officer has the delegated authority to approve compensation amounts up to the value of R1,5 million per case. Board for approval. Any compensation values exceeding R1,5 million must be submitted to the SANRAL
5.11.4
Compensation Payment to Landowners

A differentiation must be made between the compensation payable for the permanent acquisition of land, the compensation payable for temporary acquisitions, and compensation for Financial Losses.
5.11.4.1 Payment for the Permanent Acquisition of Land

Land acquired on a permanent basis, will ultimately be surveyed and transferred into the name of SANRAL. These transactions mostly fall within the ambit of the Alienation of Land Act, 1981 and payment of the Purchase Price is accordingly regulated by law. Monies are mostly paid out within 60 days from the date of signature of the Deed of Sale and gets deposited into the Conveyancing Attorneys Trust Account. These monies (together with the interest earned thereon) may only be released to the landowner after the sub-division and the registration of the land into SANRALs name in the offices of the Registrar of Deeds, have been finalised. Given the possibility of backlogs being experienced at the offices of the Surveyor General and the Registrar of Deeds, such compensation is often only paid out to the landowner within 12 to 24 months after the construction work has been concluded. However, subject to no Occupational Rental being payable by SANRAL, the landowners do earn interest on the money whilst it is in the Conveyancing Attorneys Trust Account.
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5.11.4.2 Payment for the Temporary Acquisition of Land

Compensation for the temporary acquisition of land is normally paid out within 60 days from the date of signature of the relevant Agreement and (provided that no other restrictions are applicable) is mostly deposited directly into the Landowners bank account.
5.11.4.3 Payment for Financial Losses

Compensation for financial losses is normally paid out within 60 days from the date of signature of the relevant Agreement and (provided that no other restrictions are applicable) is mostly deposited directly into the Landowners bank account.
5.11.5
Expropriation
In terms of Section 41 of the National Roads and National Roads Agency Limited Act, (Act 7 of 1998) the Minister of Transport, if satisfied on reasonable grounds that SANRAL reasonably requiresany land for a national road or for works or other purposes connected with a national road, including any access road, the acquisition, excavation, mining or treatment of gravel, stone, sand, clay, water or any other material or substance, the accommodation of road building staff and the storage or maintenance of any plant, vehicles, machines, equipment, tools, stores or material, may expropriate that land for SANRAL; gravel, stone, sand, clay, water or any other material or substance on or in land for the construction of a road or for works or any of the purposes mentioned in the above paragraph, may take it for SANRAL or authorise SANRAL to take it; the right to use land temporarily for any of the purposes for which the Minister is competent to expropriate land under the above paragraph, may take that right for SANRAL or authorise SANRAL to take that right.
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However, the said Minister may not exercise a power to expropriate land unless satisfied on reasonable grounds that SANRAL is unable to acquire the land or anything mentioned in the above mentioned paragraphs, or the right to use the land temporarily, by agreement with the owner of the land or the holder of any relevant right in respect of the land, as the case may be. The process for expropriation is time consuming and can take up to 6 months to conclude from the date the landowner formally rejects the final offer of compensation in respect of the land to be acquired. The process comprises the approval of the SANRAL Board, as well as Ministerial approval before an Expropriation Notice can be served on the relevant landowner. By law the Expropriation Notice must make allowance for a reasonable period for the landowner to vacate the land which is being expropriated. Therefore, in the case of an expropriation, access to site is only obtained once the said reasonable period has lapsed (i.e. normally sixty days from the date the Notice is served on the landowner). The only legal recourse available to the landowner is the right to contest the compensation amount in an appropriate Court of Law.
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5.12
Sub-division of Permanently Acquired Land

Summary of Activity Undertaken By: Predecessor Activities SANRALs Survey Service Provider Cadastral Key-plan Land Acquisition Key-plan Acquisition Plans Acquisition Negotiation Signed Agreements. Approved SG Diagrams Boundary Certificate 6 - 24 months This process is primarily dependant on the performance of Organs of State for the procurement of the necessary consents and the performance of the respective offices of the Surveyor General.
Primary Output of Activity Estimated Duration of Activity Qualifications
The sub-division process is attended to by SANRALs appointed Survey Service Provider and is dealt with in terms of the provisions of the Land Survey Act, (Act 8 of 1997), read with the regulations published thereto. Upon obtaining a signed Purchase Agreement, or as soon as the expropriation process in respect of required land has been concluded, SANRALs Land Portfolio Service Provider will instruct the Survey Service Provider to sub-divide the affected land as SANRALs Purchase Agreement for the acquisition of land on a permanent basis, as well as the Expropriation Act, 1975 (Act 63 of 1975), provide for the sub-division of the land at the cost of SANRAL. This process normally does not hold up any construction, save to say that an approved Surveyor General Diagram is required for the transfer of the land and (in terms of the Alienation of Land Act, 1981) the compensation amount (that is paid out to the Conveyancing Attorney) may only be paid over to the landowner once the property has been registered. In order to compile an SG Diagram required for the sub-dividing of a property, it is essential to accurately determine the position of both the old and the new cadastral boundaries.
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5.12.1
Defining the New Cadastral Boundary

The new cadastral boundary is fundamentally determined by the engineering design, which also defines the additional land requirement. It follows that the sub-division boundary will be on the designed new road reserve boundary. If a new fence has been erected at the time that the sub-divisional survey is undertaken, it is of the utmost importance to ascertain whether the fences has physically been erected within 0.5 meter of the designed road reserve boundary as that is the maximum tolerance that is allowed for by law. A further provision in this regard is that the position of the new fence in relation to the designed boundary may not result in a difference of more than 10% in the extent of the area that was acquired by SANRAL for road reserve purposes and the extent of the area that was actually utilised for the said road reserve. It is important to note that SANRAL is both contractually [in terms of the Purchase Agreements entered into between SANRAL and the landowner] and legally [in terms of the Expropriation Act, 1975 (Act 63 of 1975)] limited to the said 10% margin. Should SANRAL require any land over and above this 10% margin because the new fence was not erected in the correct position, it would require the compilation of new land Acquisition Plans, new Acquisition Documentation and further negotiations re the compensation for the additional land, before the land can be sub-divided. In some instances the additional land can be purchased at the previously agreed to terms regarding compensation, but it will still result in time delays and SANRAL incurring unnecessary costs. In such instances, the Land Surveyor will refer the case to SANRAL who, in conjunction with its Survey Service Provider and Land Portfolio Service Provider, will then determine the new cadastral boundary and identify additional land acquisition requirements. The result hereof could be significant delays in the sub-division of the land and what can be considered to be fruitless expenditure in having to re-do all the previous work. Sufficient control over the erection of any new fences during the construction period is therefore critical as SANRAL may well recover such fruitless expenditure from the guilty party.
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The Land Surveyor will reference the new cadastral boundary physically on the ground in accordance with the provisions of the Land Survey Act, 1987 and SANRAL and the adjacent landowner will be issued with a Boundary Certificate.
5.12.2
Defining the Old Cadastral Boundary

Determining the old cadastral boundary of the road reserve is more complex and involved than the determination of the new cadastral boundary. Since 1998, SANRAL has embarked on a process to sub-divide all properties affected by national roads. In the case where a national road had been sub-divided prior to the construction or upgrading thereof, the old cadastral boundary will already be accurately defined. However, in the event that the sub-division of a particular route has not been undertaken as yet, the existing road reserve boundary must firstly be defined accurately. This action (in most cases) requires a comprehensive cadastral investigation with the objective of matching the historic land acquisition data in respect of the existing road reserve boundaries; the available data relating to the new road reserve; all available road declarations; the definition of the boundary fence on the ground; and the cadastral boundaries of the road and adjacent properties. The road reserves of national roads are defined by Declaration based either on defined co-ordinates or on description. The latter is particularly applicable to former provincial roads that have been incorporated by SANRAL into the strategic national road network (also see Item 5.4.2.1). In the case of a descriptive declaration, the rule of thumb is that the existing fence constitutes the definition of the prevailing road reserve, taking due cognisance of the cadastral boundaries and proclaimed road reserve width. Any anomalies found between an existing fences surveyed position and the declared co-ordinates in respect thereof, can be ascribed to the fact that either the fence was not erected in the position as defined by co-ordinates; or the periodic adjustment and re-fixing of the South African Trigonometric Network following technological advancement in terrestrial and geodetic survey measurements, resulted in small differences between the old and/or
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published coordinate value of the boundary and the newly surveyed value of the said boundary. If there is not an existing fence or any indication of where a fence had been erected, the definition of the road reserve shall be determined in conjunction with SANRALs Survey Service Provider. If the extent of the area reflected on an Acquisition Plan differs by more than 10% with the extent of the fenced or declared area, an investigation needs to be undertaken to determine whether additional land has to be acquired before the sub-division can be finalised.
5.12.3
Sub-divisions through Towns

It is very important for Consulting Engineers to note that the sub-division of roads passing through towns, will be subject to the affecting of administrative street closures of all municipal roads intersecting the particular section of the national road. Since this is either very onerous or nearly impossible in the majority of cases, it is not advisable to acquire additional land in towns. Should this, however, be required, it is imperative that the matter be discussed with SANRAL and its Service Providers prior to the finalisation of the engineering design.
5.12.4
Programming of the Sub-divisional Surveys

SANRALs Purchase Agreement in respect of the acquisition of land on a permanent basis, as well as the Expropriation Act, 1975 (Act 63 of 1975), provides for the sub-division and transfer of acquired land at SANRALs cost. Sub-divisional surveys should therefore be undertaken as a matter of priority as soon as possible after a signed agreement for the acquisition of the land has been procured, or the land has been expropriated. Experience has however, shown that is usually preferable to undertake the sub-division of the land only once the construction of the road has been finalised, because of constant changes to the road reserve being made during construction to cater for design changes. If changes are foreseen during the construction period, it is critically
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important that the Consulting Engineers must advise SANRAL and its Service Providers in order to eliminate the duplication of costs relating to land acquisition. Although it is generally preferable to only deal with the sub-dividing of acquired land once the construction work has been completed, there are two risks that have to be considered. Firstly, the release of the compensation monies to landowners may, by law, only take place after the successful sub-division and transfer of the land. Delays in this process may therefore result in tension between the Contractor and the affected landowners. Secondly, access to site may have been granted subject to the sub-division and transfer of the affected land within an agreed to period. If this period is exceeded for any reason, either the granting of access to site, or the sale itself, or both, of may be placed in jeopardy.
5.12.5
Servitude Surveys
Cadastral surveys required for the registration of new servitudes or the realignment of existing servitudes, will be done by SANRALs Survey Service Provider at the same time that sub-divisional surveys in respect of the particular section of national road are programmed. Should any such surveys require prioritising, the Consulting Engineer must inform SANRAL and its Survey Service Provider to ensure that all contractual obligations are met, access to site is guaranteed, etceteras.
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5.13
Conveyancing
Summary of Activity Undertaken By: Predecessor Activities Primary Output of Activity Estimated Duration of Activity Qualifications SANRALs Land Portfolio Service Provider Signed Purchase Agreements Approved SG Diagram Registered Title Deed for property acquired Updated Land Register 3 5 months This process is dependant on performance by Municipalities, Bondholders and Registrar of Deeds
The conveyancing process is over seen by SANRALs appointed Land Portfolio Service Provider. Conveyancing or transfer of land from the landowner into the The process involves the name of SANRAL, is an administrative task governed by legislation and usually follows the conclusion of the construction phase. appointment of a Conveyancing Attorney (which can also be nominated by the landowner from whom the land is acquired), the procurement of Rates Clearance Certificates from Municipal Authorities, the procurement of Release Approvals from Bondholders and the lodgement of the approved SG Diagram and legal documentation at the office of the applicable Registrar of Deeds. Following various phases within the process, as well as upon registration of the property in the name of SANRAL, the Land Portfolio Service Provider will update the SANRAL Land Register. However, the Conveyancing Attorneys will only be in a position to release the relevant compensation monies to the landowner once the actual registration of the land in SANRALs name, has been finalised.
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TYPICAL PITFALLS ENCOUNTERED DURING THE ACQUISITION OF LAND

The typical pitfalls described in this section, are based on actual recorded cases. Some of the information has been exaggerated slightly for illustration purposes, as well as to elicit discussion. The typical pitfalls discussed hereunder are in no way a comprehensive list of the mistakes that can be made during the process of acquiring land, but should be considered as the most common and frequently made mistakes that should be avoided. All attempts were also made to omit any reference to any person or Company.
6.1
6.1.1
Acquiring land that has been developed

Improvements and Developments
In the example below, outdated aerial photography was used to generate line mapping and a DTM for design purposes. This particular case involved the acquisition of land (Depicted in blue on the Aerial Photograph) for the purpose of the realignment of a section of road in order to enhance its horizontal geometry. A problem arose as at the time the aerial photograph was taken, the visible structures were captured as uninhabited ruins. By the time the Valuers arrived on site, the ruins had been converted into a Restaurant and residential homes. A windmill on the land to be acquired had been declared as a National Heritage Site and had been renovated to serve as a tourist attraction. Although the Contractor was already established on site, a re-design had to be done and a particularly onerous negotiation with the landowner had to be entered into.
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Solution: Always use up-to-date topographical or photogrammetric survey data for the design. Should this be impractical, or not cost effective, the use of the survey data shall be subject to its validation on site; Identify and record the developments on land comprehensively during the preparation of the Property Report. Improvements and other related items that add value to property should be carefully considered during the design phase of roads. Small improvements to a design can sometimes save millions of Rands in compensation; Alternative design solutions must be considered prior to the finalisation of the acquisition process. This includes the compiling of a cost comparison between alternatives; and Farming units, developable land and industrial property are particularly prone to large compensation amounts. Roads should be designed in such a way to always minimizing the impact on the required and adjoining land.
6.1.2
Boreholes and other Water Sources

Photogrammetric and topographical survey will only
identify visible services and boreholes. Acquiring land upon which a water source exists may seem trivial, but the water source may well be the only available water source on a farm. This may well have the effect that the whole farm will have to be acquired or, alternatively, that very expensive drilling and hydrological test will have to be performed in order to replace the water source. Water sources are also subject to statutory approvals from the Department of Water Affairs and this process may, in itself, result in delays in the acquisition of the land. It is extremely important to ascertain the amount drawn and frequency of use of any water source, together with the details of its exact use. Logically, a water source used for 5 cows will obviously have less of an impact than a water source used for a few thousand cattle. It will also be different if the water source is being used for irrigation purposes and the type of crop being irrigated may also influence decisions.
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Affecting water sources used by rural communities can also have serious time implications on the finalising of the acquisition process. The relocation of these water sources are subject to approval processes involving several Authorities and a new water source may have to be established before the original water source can be destroyed.
Careful consideration should also be given to how a water source is to be relocated or replaced. Provision can be made under the Construction costs, or alternatively, compensation can be paid to the landowner. The choice of the most appropriate mechanism must be based on time, costs and associated risks (such as the liability to provide the same amount and quality of water). It is advisable that this matter be addressed in the Property Report. Solution: Avoid if at all possible; Identify and address the water sources comprehensively during the preparation of the Property Report, including the method by which such water source will be replaced or relocated; Allow for more time in the acquisition process to obtain access to site.
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6.1.3
Graves
The existence of graves on land that has to be acquired, is not always established by visual inspection alone. It is important to note that graves are protected by law and requires that the acquisition of the land on which the graves are located, have to be negotiated not only with the registered landowner, but also with the relatives of the deceased. Any of the parties may refuse to have the graves relocated. However, the relocation of the graves have to be facilitated by the Contractor responsible for the construction as the relocation of graves are considered to be part of the relocation of existing services such as power lines and water pipes. The identification of relatives of the deceased is sometimes also problematic an before one can continue with the process, an advertisement to the effect that the graves are to be relocated, have to be published in local newspapers for a specific period of time. The culture of the deceased may also require that certain rituals need to be honoured. The relocation of graves will obviously have time and cost implications. Experience has shown that the identification of a suitable grave site to which the deceased can be relocated, is also problematic. The relatives of the deceased and landowners are often not in agreement with the proposed relocation sites. Provision for the costs relating to the relocation of the graves, must also be made under the Construction Contract in order to ensure the timeous relocation thereof. Solution: Avoid if at all possible. Identify and record the existence of graves comprehensively during the preparation of the Property Report, including the obtaining of contact details of the relatives of the deceased. Allow for the costs of relocating the graves under the Construction Contract. Allow for sufficient time in the acquisition process to procure access to site
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6.1.4
Mine Dumps and/or Mining Rights

Old Mine Dumps are often identified as a good source of material required for construction purposes. However, it needs to be pointed out that in most of the cases experienced to date, more than one Rights Holder is involved which mean the acquisition of the land and/or the material has to be negotiated with more than one party. The acquisition is complex, time consuming and sometimes even impossible. With technological advancements in the mining industry, some of these mine dumps are being re-worked and minerals are again being extracted from them. In calculating the compensation for this material, cognisance of the potential and best use of the material must be taken, which often renders the acquisition very costly. The existence of Mining Permits held by the Rights Holders, will also require that compensation has to be paid for the material and not only for the land. In a case of alluvial diamond mining in the North West Province, it was found that SANRAL were required to first stockpile the required material, where-after allowance had to be made for the Rights Holders to mine the material for alluvial diamonds and then stockpile the material some distance away on another stockpile area, which had to be acquired in addition to the initial site. This had a serious cost and time implication on the construction project. Mining rights are seldom registered at the Registrar of Deeds and are mostly registered in the Mining Commissioners Offices. The procurement of copies of the relevant documentation is extremely difficult and time consuming. Unfortunately, the exact nature and details of the registered mining right are required in order to determine not only the quantum of the compensation payable, but also to whom such compensation is payable.
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Solution: Avoid if at all possible. Identify all Service Rights Holders during the preparation of the Property Report, together with a clear indication of the processes and the duration required to finalise the acquisition of the required land and/or material. Identify any special conditions implied by the registered rights that may require provisions to be made under the construction contract. A preliminary valuation is required in order to do a cost comparison between alternative material sources. Allowance may have to be made for the cost of acquiring the material under the Construction Contract. Allow for additional time to conclude the acquisition process and to procure access to site.
6.1.5
Planned Developments
Virtually every landowner has either planned or may suddenly start planning to develop in one way or the other, the land that has to be acquired. With reference to Item 5.11.2.1 (i) above, the potential and best use of required land must be identified and hence, compensated for. This principle is subject to the provisos that the potential and best use are financially feasible; economically feasible; practically feasible; and legally feasible. However, compensation in respect the potential and best use can only be considered upon satisfaction of the above criteria. Therefore, the landowner has to provide documentation, plans, all applicable statutory approvals, rezoning approvals, etceteras, before the said compensation can be based thereon. Direct quantifiable costs (such as planning costs and professional fees) will then have to be considered as actual financial losses and landowners will have to be duly reimbursed.
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Solution: Avoid developed or developable land if at all possible. Alternative design solutions should be considered if the planned development has progressed substantially. Identify and address any planned developments comprehensively during the preparation of the Property Report, including the procuring of all relevant documentation and plans. Allow for more time to finalise the acquisition process and to procure access to site.
6.1.6
Informal Settlements and/or Illegal Occupation

Since 1994, in an effort to rectify tenure issues resulting from past discriminatory laws, various Acts that bestow informal rights on various categories of people, has been promulgated. It follows that occupants on land that has to be acquired may have rights which need to be taken into account. The process to relocate these occupants is dictated by legislation and is extremely time consuming and costly. Legally alternative accommodation has to be provided before even illegal occupants can be relocated. The provision of alternative accommodation lies within the competency of Local Municipal Authorities in conjunction with the Department of Housing. In most instances, the Local Municipal Authorities have a waiting list for the provision of what is commonly referred to as RDP houses. The only way alternative accommodation can therefore be procured, is to register a housing project specifically with the objective of relocating the illegal occupants, but this is subject to obtaining the following: Municipal and Department of Housing approvals and consent to fast track the housing development application and the implementation thereof. Securing a budget allocation for the housing project. Securing land on which the housing development project can be established. The appointment of a professional team for the design of bulk services and reticulation within the housing development scheme.
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The undertaking of, and lodgement of Environmental Impact Assessments. The appointment of a Developer and Contractors for construction. Whilst the availability of off-the-shelf housing project proposals within the specific Municipal Authority may speed up some of these processes, the provision of alternative accommodation may take a long period to complete and SANRAL will be required to bear the actual relocation costs (including transport and labour). Solution: Avoid such areas where ever possible. If it can not be avoided, SANRAL should be notified immediately of the existence of the occupants and informal rights holders. Identify and record all occupants on the affected land comprehensively during the preparation of the Property Report, including the identification of possible alternative accommodation if the land is occupied illegally. Allow for substantially more time to finalise the acquisition process and to conclude access to site.
6.1.7
Old Borrow Pits

Sources of material required for construction purposes, are scarce and with the ever increasing demand to complete design processes in a shorter period of time, Consulting Engineers often revert to previously identified or existing provincial or municipal material sources instead of identifying new borrow pit and quarry sites. Often, a new borrow pit or quarry is designed to be directly adjacent to an old municipal or provincial material source. Whilst this approach certainly expedites the identification of a material source, the following must be noted: Notwithstanding any practises of the past, current laws stipulate that materials may not be sold unless the landowner is in possession of a permit which confers upon him or her the right to the minerals or materials that are required for road building purposes. However, it has been found that in the past, other Authorities who had a disregard for the above mentioned legislation, had incorrectly compensated several landowners for material per cubic meter. As SANRAL can not deviate from what is legally correct, it
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may be quite possible that a landowner, who has previously been paid per cubic meter, will refuse to accept the compensation offered in accordance with the correct formulas. This may then result in SANRAL having to revert to expropriation of the required land in order to obtain access to the required material. The rehabilitation of the old material source will most likely be attached as a condition imposed by the relevant landowner, or a requirement in the approval of the EIA or EMP to be issued by the Department of Mineral and Energy Affairs. If it so happens that rehabilitation of a previously mined material source is a condition or requirement relating to the approval for the further mining of the source, or other improvements or rights (such as a water source) are attached to the affected land, it may be difficult or very costly to reinstate these rights, or may even render the source uneconomical. If any material is to be mined from the old material source, the required area within the old material source must be included within the defined boundaries of the new borrow pit or quarry. However, in such instances the rights of other Rights Holder may be affected and the intended acquisition will also have to be negotiated with third parties to whom compensation may also have to be paid. Solution: Ensure that the basis for compensation is complyant to relevant legislation. Identify and address the rehabilitation of the old material source, as well as the current and future use thereof, in the Property Report. Provide for the rehabilitation of the old material source under the construction contract. Should a previously mined borrow pit or quarry be required for further mining, the consent of the relevant Authorities and also (where applicable) the holders of rights to the material in the borrow pit or quarry, should be sought. All relevant information pertaining to the contract details and processes to be followed, must be recorded in the Property Report.
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6.2
Acquiring land within a Sectional Title Scheme

When land that is subject to sectional title is to be acquired, it must be borne in mind that the Body Corporate is, in terms of law, the juristic person with whom the acquisition is to be negotiated. However, a Body Corporate is not able to conclude a land transaction without it having been referred to and approved by all the owners of the relevant sectional titles during a Special General Meeting that was called specifically for the purpose of considering the said transaction. This (more often than not) either substantially prolongs the period required to finalise the required land acquisition, or simply makes it impossible to conclude. Solution: Avoid such land if at all possible. The more sectional title holders own rights within the property, the longer it will take to conclude the acquisition. Obtain all information concerning contact details of the Body Corporate, ascertain the number of sectional title holders and an indication of the improvements, as well as other rights that the Body Corporate or specific sectional title holders may hold and include same in the Property Report.
6.3
Acquiring State Owned Land

As was referred to in Item 3.2.3 above, the difficulty in acquiring State owned land lies in the time it takes to alienate land owned by the State as very lengthy approval procedures are involved. In terms of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), land also needs to be vested (i.e. to confer the right to a specific property) in a specific State Department or Entity before it can be alienated. The first problem lies in the identification of the actual User Department of the affected land and the obtaining of their approval for the acquisition of the land. Where vesting has not taken place, this process must first be completed before a decision can be made or approval can be granted for the alienation of the land. This is a very lengthy procedure that must go through the various Land Disposal Committees. The Minister of the Department of Land Affairs needs to sign a Section 28(1) Certificate in order to give effect to the said vesting. This in itself, is an extremely lengthy process. Designers are well advised to be mindful of this and to avoid such land if at all possible.
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If this is not possible, the current or intended use of the affected land needs to be established and taken into account, especially as projects initiated by Government in the interest of the public good, or to give effect to legislation or Government goals, could negatively impact on the availability of the land. Specific care should especially be taken where land is used or earmarked for the following: Land Reform; Land Reform for Agricultural Development (LRAD); Housing projects; Defence or Police Services; Research (including land belonging to the Agricultural Research Council); Schools In the case of Municipal owned land, it must be noted that the Municipal Officials must firstly obtain a Council Resolution whereby permission is granted that the land in question can be alienated and the necessary authority is delegated to a specific official (normally the Municipal Manager) to negotiate the compensation and sign the relevant Acquisition Documentation on behalf of the Council. Experience has shown that this can be a lengthy process and a lot of time is taken before negotiations are concluded. Solution: Avoid such land where-ever possible. If it can not be avoided, SANRAL should be notified immediately that some form of State owned land is affected with full details of the relevant Authorities that will be involved in the land acquisition process. Provide full details of the relevant processes that have to be followed during the acquisition of the land, in the Property Report, including contact details of all personnel from the relevant Authorities that may be involved with the afore-mentioned processes. Allow for substantially more time to finalise the acquisition process and to conclude negotiations to obtain access to site.
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6.3.1
Acquiring land under Tribal Control

As was mentioned in Item 3.2.4 above, there is often a lack of legal clarity, overlapping laws and procedures and general legal confusion in areas under tribal control. This is mainly due to the complexity of the procedures to be followed and lack of clear demarcation of responsibilities that exist in these areas. Therefore, Consulting Engineers should as far as possible, not include tribal land as part of their design. The Consulting Engineer should pre-warn SANRAL to set measures in place to acquire such land if it is required. Furthermore, Consulting Engineers should ensure that their design proposals are available well in advance in order to allow for sufficient time in which the various legally required meetings with the Department of Land Affairs, the Traditional Leadership, the Community and the affected persons can take place. Provided that cadastral information, etceteras is available, the acquisition of Tribal Land takes at least twelve to 18 months to finalise. Acquiring this type of land can seriously hamper construction works as vacant possession cannot be given to a Contractor before all formalities have been not been concluded. Solution: Avoid Tribal owned land where-ever possible. If it can not be avoided, SANRAL should be notified immediately that such land is affected and full details of the relevant Authorities involved, must be provided. Provide full details of all processes that must be followed, in the Property Report. Contact details of all the responsible officials from the relevant Authorities that are involved with the processes, must be provided where possible. Allow for substantially more time within which the acquisition process can be conclude and access to site can be arranged.
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6.4
6.4.1
Acquiring land without Access

Land severed without Access
As stated in Item 5.4.6 above, due care and diligence must be exercised by the Consulting Engineer to ensure that all land parcels adjacent to the national road, can obtain access from either the relevant national road, or a provincial or municipal road or by way of a registered right-of-way servitude. Failure to address access to properties during the design phase, will delay construction until the relevant acquisition negotiations are completed. It is again be reiterated that the Surveyor General will not approve any subdivision of land without satisfying himself that sufficient access is provided to each property being sub-divided. Solution: Address access issues to all land parcels along the national route, during the design phase. Validate access designs in collaboration with the affected landowners and record all agreements or conditions agreed to, or problems identified, in the Property Report.
6.4.2
Acquiring Borrow Pits or Quarry Sites without Access

With reference to Items 5.4.3 and 5.4.5 above, it is imperative that access is provided to each Borrow Pit or Quarry. The existence of an existing access road does not necessarily mean that the said access road does not have to be acquired. The only time an access road does not have to be acquired, will be when a Borrow Pit is directly adjacent a National or Provincial Road and access can be obtained to the Borrow Pit directly from the road reserve of the said National or Provincial Road. The use of an existing farm road to obtain access to the required site, must be discussed with the relevant landowner(s). It is important to note that the right to use the access road for a specific period of time, will still have to be acquired by SANRAL thereby providing the Contractor with a legal right to use the access
109
road. Matters pertaining to the fencing of the access road, access control, dust control, maintenance activities, frequency of use and (if applicable) rehabilitation of the road by the Contractor, must be agreed upon between the Consulting Engineer and the landowner(s). In the majority of cases where existing access roads have been identified to provide access to borrow pits, compensation had to be paid for direct losses incurred by the landowner due to the haulage of material across farm access roads as such access roads were key to the agricultural activities on the property. Solution: Ensure that access is provided to each material source. contact SANRAL or its Service Providers for clarification. Validate the access designs and evaluate the location thereof in collaboration with the landowners and record all findings and agreements during the Property Report phase. If uncertain,
6.4.3
Acquiring Borrow Pits or Quarry Sites with access over adjacent property (different landowner)
Whilst it may make sense from an engineering and cost perspective to align haulage roads across two or more cadastral boundaries, experience has proven this to be problematic. It is difficult to facilitate agreement between adjacent landowners on the alignment of these haulage roads as what may seem like a perfect solution for one landowner, may affect another landowner detrimentally. The alignment of access roads across cadastral boundaries, requires the preparation of an acquisition plan and documentation for each affected property, thereby increasing the lead time in the preparatory phases before the land acquisition can be negotiated and concluded. Solution: Avoid aligning haulage roads across two or more cadastral boundaries if at all possible. Validate the access designs and evaluate the location thereof in collaboration with the affected landowners and record all agreements or identified problems in the Property Report.
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6.4.4
Acquiring an Inappropriate or Unfeasible Access Road

In the example below, an access road to a Borrow Pit was designed using the existing farm access (depicted in blue). During negotiations the landowner (rightly so) insisted that compensation for the relocation of his house and the provision of new accesses to his new house and other affected infrastructure, should be included as direct losses resulting from the land acquisition. Further investigations revealed the existence of another existing access road (which is depicted in red) to the said borrow pit. This access had much less impact on the landowner and his agricultural activities and was also substantially shorter in distance for haulage purposes. Consequently the alternative access road had to be surveyed, new acquisition plans had to be drafted and revised acquisition documentation had to be prepared before the negotiations could be concluded and access to site could be obtained. All of which resulted in a substantial and unwanted delay in accessing the site.
In the second example below, a short access road (indicated in red) was designed to a borrow pit in fairly a straight line directly from the existing national road. During the acquisition negotiations, the landowner pointed out that the proposed access road traverses over extremely difficult topography, including a very steep ridge. Following investigations and cost estimations to cut through this ridge in order to construct the haul road, the access road had to be re-aligned to a new position. The alternative access road had to be firstly surveyed, new acquisition plans had to be drafted, and revised acquisition documentation had to be prepared before the negotiations could be concluded and access to site obtained.
111
The above two scenarios both resulted directly from the fact that the initial access roads were designed as part of desktop exercises without site visits having been undertaken. Solution: Validate the access design in the field and establish the location thereof in collaboration with the landowners and record all agreements or findings in the Property Report.
6.5
Acquiring land without prior consultation with landowners
or
proper
technical
Whilst the risks associated with not having any or proper technical consultations with affected landowners, are appropriately addressed in the Items dealing with the preparation by the Consulting Engineers of a Property Report, it can not be overemphasized that failure to consult with all affected landowners during the design phase, will result in time delays in securing access to site. Experience has shown that in most instances where problems were experienced in acquiring land within the allotted time, the problems could have been addressed by either alternative design solutions, or provisions within the design at a very early stage. Alternatively the delays could have been minimised by proactive identification of such problems. Solution: Address all technical issues comprehensively within the Property Report during the design phase. Consult with landowners in detail concerning the proposed design.
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6.6
Inappropriate Quality Control re the respective design components dealt with by different role players within a Consulting Engineering Joint Venture
More often than not, the geometric design is divided amongst partners in a Consulting Engineering Joint Venture. Without stating the obvious, sufficient control over the design is required to ensure the exact integration of all design components with one another. The submission of the design data in batches over a period of time, hampers the identification of possible errors in the design, such as data sets not aligning with one another (see example below). A vast amount of work is consequently processed before these errors are identified. This will result in a duplication of work, which obviously has a time and cost implication, as well as a detrimental affect on the entire land acquisition process. Solution: Ensure sufficient control over the integration of design data sets prior to same being submitted to SANRALs Service Providers.
Example of Design Data Sets submitted by different Consulting Engineers in Joint Venture, but they were not properly integrated with each other as a whole.
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6.7
Acquiring land without any or proper Cadastral Boundary Consideration

Cadastral Islands
The example below illustrates the acquisition requirement defined by Consulting Engineers for an at-grade intersection between a national and provincial road. An island (labelled B and depicted in red) is enclosed within the area to be acquired (labelled A and depicted in green), but excluded from the acquisition requirement. The problem is that apart from the creation of an area which can not be accessed for any maintenance activities by the Provincial Authority, the Surveyor General will not approve the sub-division of land. The required land will therefore not be transferable into SANRALs name.
6.7.1
Solution: Avoid the creation of islands (land-locked parcels) that are excluded from the land acquisition requirement;
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6.7.2
Acquiring Borrow Pits or Quarries across Cadastral Boundary

Due cognisance has been taken of the fact that (in many areas) sources for the obtaining of road building material, are scarce. However, the risk in designing Borrow Pits or Quarries across cadastral boundaries, lies in the fact that negotiations need to be concluded with more than one landowner. Any one of the affected landowners may refuse to agree to the terms of the proposed temporary acquisition. Practical concerns (such as the specific impact, access control and security on each of the affected properties) also need to be taken into consideration. This approach also duplicates the effort and time required to secure access to the required site.
As existing fences are not always erected on the exact cadastral boundaries, a practical arrangement in this regard would be to refer the designed borrow pit boundaries to SANRALs Survey Service Provider for consideration in terms of the cadastral boundaries and to (if possible) amend the designed boundaries to ensure that the entire required area falls within the cadastral boundaries of one property. Solution: Avoid encroaching on cadastral boundaries if at all possible. Consider Cadastral Boundaries when designing/determining Borrow Pit and Quarry boundaries. If it can not be avoided, the matter should be addressed comprehensively in the Property Report and any potential problems that may be experienced during the acquisition process, must be highlighted. Sufficient time should be allowed to finalise the acquisition process.
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6.7.3
Acquiring land without considering Cadastral Boundaries

The example below illustrates a typical scenario where the alignment of the new road reserve creates a thin sliver of land between the new road reserve boundary and the cadastral boundary. The following flags should be raised in this regard: Access to these slivers of land is in most cases impossible and/or impractical. Furthermore, these slivers of land are of no use to the registered owner and can not survive as an independent economical unit. The most appropriate course of action would be to either include the sliver as part of the road reserve, or to acquire the slivers of land as severed land. SANRAL will be unable to sub-divide the road reserve leaving a sliver of another property. The sub-division of the road reserve will therefore either be subject to the inclusion of the sliver as part of the road reserve, or the consolidation of the sliver of land with the adjoining property. The acquisition and consolidation of such a sliver of land with the adjoining property will (in turn) be subject to SANRALs policy regarding the alienation of land and related legislation, which fundamentally requires a transparent process. (Surplus land is normally offered for sale in the open market to the highest bidder.) In similar cases, SANRALs Land Portfolio Service Provider and Survey Service Provider must be involved at a very early stage in order to assist with the defining of the road reserve boundary, as well as to ascertain the most suitable approach regarding the acquisition of the land.
Example illustrating the creation of a thin liver of land between the New Road Reserve Boundary and adjacent propertysCadastral Boundary.
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In the next example an Access Road is required to a borrow pit. The design of the Access Road is of such a nature that it traverses twelve different properties. It follows that the effort (and hence the risk, costs and time) required to acquire the right to use the affected land is multiplied twelvefold. This particular problem arose from the fact that the cadastral boundaries were not fenced in accordance to the registered cadastral boundaries.
Example illustrating an Access Road that traverses many Properties.
Solution: Avoid this situation if at all possible. If it can not be avoided, the definition of the new road reserve boundary should be determined in conjunction with SANRALs Survey Service Provider and Land Portfolio Service Provider and the matter should be addressed comprehensively in the Property Report. Any anticipated problems that may be encountered during the acquisition process, must also be identified. Allow for more time to finalise the acquisition of the right to use the required land.
117
6.8
Using the incorrect Survey Projection Datum

Problems being experienced in this regard, are mostly ascribed to inadequate communication between Joint Venture partners regarding the engineering design parameters; the use of outdated survey data that is not transformed from Cape Datum (Clark 1880) to WGS 84 Datum; the use of As-built data which is still in Cape Datum; incorrect recording or omitting to record the Survey Projection Datum on the design data being submitted; and/or not compliance with the specifications relating to the sub-mission of design data (see Item 5.6.1 above). The submission of the design data in batches prevents the identification of possible errors due to the design data being on different Survey Projection Datum. The result hereof is that a vast amount of work can potentially be processed before these errors are identified and this could have a huge time wasting and cost implication.
Example illustrating the use of incorrect Survey Projection Datum.
118
Solution: Avoid using the old Cape Datum as far as it is possible. If Cape Datum (Clark 1880) is used on a project for whatever reason, SANRAL and its Service Providers must be informed in writing at the outset of the project. All survey data and design data must reflect the Survey Projection Datum, which must be notated in the correct manner.
6.9
Placement of Borrow Pit or Quarry Boundaries in relation to Land Use on the property as a whole
The example below serves to inform Consulting Engineers that the designs of the boundaries of borrow pits and quarries must minimise the impact on the remainder of the property (such as locating a borrow pit in such a way to render large parcels inaccessible for agricultural activities). Failure to take this into consideration will result in high compensation in as afar as financial losses are concerned. It is imperative that whilst preparing the Property Report, the location of the borrow pit is assessed in collaboration with the landowner in order to identify, address and minimise the impact thereof on the remaining property.
Example illustrating the incorrect placement of Borrow Pit/Quarry boundaries
119
Solution: Carefully consider the placement of a borrow pit or quarry in relation to the property as a whole, including access to portions of property directly adjacent to the proposed site; Validate the access provisions and evaluate the location of the borrow pit or quarry in collaboration with the landowners whilst preparing the Property Report.
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7
7.1
ANNEXURES
ANNEXURE 1: Flow Chart of the Land Acquisition Process
121
122
123
124
125
7.2
ANNEXURE 2: Extract of a Declaration done on Coordinates
126
127
128
7.3
ANNEXURE 3: Extract of a Declaration done on Description
129
7.4
7.4.1
ANNEXURE 4: Example of Acquisition Plans

Notes to Annexure 4A and 4B
1 2 3 Property case file number allocated by Land Portfolio Service Provider Acquisition Key Plan number allocated by Survey Service Provider Acquisition Plan Number. Unique to each land acquisition case. Number format G/2/066/13/1A in which G = Type of Acquisition, /2 = Route, /066 = District No, /13 = Property No on Route within specific District, and /1A = Plan & Revision No Type of Acquisition: G = Borrow Pit or Quarry O = Permanent Acquisition, Road Reserve DP= Access Road Route and Section Reference Description of Construction Start and Termination point Description of area to be acquired Cadastral Property Description Magisterial District name Registered Landowner SG Diagram No of property Title Deed no of property SANRAL Approval Total Area to be acquired for purpose of Borrow pit Total Area to be acquired for purpose of Access Road Sketch indicating the area to be acquired in relation to the immediate cadastral boundaries. Sketch is to scale. Size of affected property on which required land is situated as per Title Deed Legend Intended use of land to be acquired Legend Current land use of land to be acquired Detail Description of area to be acquired. Details and sizes of each respective area to be provided. Also details with regard to previous acquisitions or expropriations to be stipulated here Co-ordinates of all boundary points. Inset on smaller scale to present details of acquisition to much smaller scale for ease of interpretation. Reference to the Surveyor who drafted the Acquisition Plan
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
130
7.4.2
ANNEXURE 4A: Acquisition of a Borrow Pit
4 6
8 10
9 11
12 13 14
15
16 17
131
18
19
20
21
22
132
7.4.3
ANNEXURE 4B: Acquisition of additional road reserve for the upgrading of an existing National Road
133
134
7.5
ANNEXURE 5: Example of a Property Report
135
7.5.1
LandOwner No
ANNEXURE 5A: Property Schedule Matrix
Case No
Property
Intended Use
Type of Land
Zoning
Type of ownership
Owner
Contact Person
Contact Address
Contact Tel
1 Ptn 2 Kalkoenkrans 2 1
Road Widening Private Temp. Deviation Agricultural Trust William Peter Du Plessis Familie Trust W.P. Du Plessis PO Box 108, Theunissen, 9410 Tel (057) 212-2571 or Cell 0828211053
Ptn 6 Kalkoenkrans
Road Widening
Private
Agricultural
Company
Gold Price Investments (Pty) Ltd
W.P. Du Plessis
PO Box 108, Theunissen, 9410
Tel (057) 212-2571 or Cell 0828211053
4 2 5
Hakkies 742
Borrowpit
Private
Agricultural
CC
Jan Blom Boerdery cc
J.H. Blom
PO Box 275, Virginia, 9430
Tel (057) 212-2875 or Cell 0828200183
Hakkies 742
Access Road
Private
Agricultural
CC
Jan Blom Boerdery cc
J.H. Blom
Tel (057) 212-2875 or Cell 0828200183
6 3 7
Ptn 16 Virginia 15
Road Widening
Private
Agricultural
Company
Harmony Gold Mine (Pty) Ltd
Gerrit Weideman
PO Box 20, Welkom, 9460
Tel (057) 901-7046 or Cell 0726597030
Milo 639
Road Widening
Private
Mining
Company
Gerrit Weideman
Tel (057) 901-7046 or Cell 0726597030
136
Milo 639
Access Road
Private
Mining
Company
Gerrit Weideman
Tel (057) 901-7046 or Cell 0726597030
Ptn 1 Tweepan 678
Road Widening
Private
Mining
Company
Gerrit Weideman
Tel (057) 901-7046 or Cell 0726597030
10
Leeuwkop 277
Borrowpit
Private
Agricultural
Private Owner
F.P.D. Jacobs
F.P.D. Jacobs
PO Box 243, Theunissen, 9410
Tel (016) 932-4125 or Cell 0829212520
11 5 12
Ptn 2 Doornrivier
Access Road
Private
Agricultural
Trust
Mandalay Trust
J.H. Oosthuizen
Tel (057) 212-6179 or Cell 0836326900
Ptn 3 Doornrivier
Road Widening
Private
Agricultural
Private Owner
J.H. Oosthuizen
J.H. Oosthuizen
Tel (057) 212-6179 or Cell 0836326900
13
Ptn 5 Doornrivier
Road Widening
Private
Agricultural
Trust
Promus Agricola Trust
G.C. Saaiman
Tel (057) 215-1233 or Cell 0833245231
14
Bloemhoek 509
Road Widening
Private
Agricultural
Trust
B.J.G. Stadtlander Familie Trust
B.J.G. Stadtlander
Cell 0829009721
15 7 16
Bloemhoek 509
Temp. Deviation
Private
Agricultural
Trust
B.J.G. Stadtlander
Cell 0829009721
Ptn 1 Weltevreden 443
Interchange
Private
Agricultural
Trust
B.J.G. Stadtlander
Cell 0829009721
17
Road Widening
Private
Agricultural
Trust
B.J.G. Stadtlander
Cell 0829009721
137
18
Temp. Deviation
Private
Agricultural
Trust
B.J.G. Stadtlander
Cell 0829009721
19
Weltevreden 443
Road Widening
Private
Agricultural
Trust
Weltevrede Trust
P.J. Pienaar
Tel (057) 215-1228 or Cell 0825380962
20
Rem Doornrivier 330
Interchange
Private
Agricultural
Private Owner
J.M. Human
J.M. Human
Tel (057) 215-1222 or Cell 0823718993
21
Rem Doornrivier 330
Severed Land
Private
Agricultural
Private Owner
J.M. Human
J.M. Human
Tel (057) 215-1222 or Cell 0823718993
22
Rem Doornrivier 330
Severed Land
Private
Agricultural
Private Owner
J.M. Human
J.M. Human
Tel (057) 215-1222 or Cell 0823718993
23
10
Ptn 2 Bloemhoek
Road Widening
Private
Agricultural
Trust
Thabo Trust
P. Nieman
Tel (057) 215-1238 or Cell 0828231889
24
11
Rondehoek 200
Road Widening
Private
Agricultural
Trust
Etland Trust
H.J. Geldenhuys
PO Box 275, Ventersburg, 9450
Cell 0834977527
138
7.5.2
ANNEXURE 5B: Property Report 1:50 000 Layout Drawing
139
7.5.3
ANNEXURE 5C: Property Report Design Drawings
140
7.5.4
ANNEXURE 5D: Property Report
PROPERTY REPORT
(Insert property description) Example - Portion 1 (a portion of Portion 35) of the Farm Kleinfontein 453 HS) (Insert province in which property is situated) Property Description (Insert size of full property in hectares) 856,5320 ha (Insert Title Deed Number of property) T001864/2003 (Insert Owner name) In the event of A natural person/s include identity number/s A Company include the company number, A Closed Corporation include the CC number A Trust, the Trust Number. (Insert contact details of owner) This should include physical address, postal address and telephone / cell phone numbers William Peter du Plessis Familie Trust Private Land held under Trust Trust No : TMP 3288 Address: PO Box 108 Theunissen 9410 Tel: Fax: Cell: (Insert name of representative) Please indicate any representatives that should be contacted (mostly in the cases of companies, trusts and CCs) and/or the legal representative (Attorney) of the landowner. (Insert the type of land) Please also refer to the guideline document for types of land - in this instance it is important to note if the property is Tribal Land, Unalienated State Land, Agriculture, Residential, Commercial, Mining etc as it may influence the compensation to be paid. (Insert the zoning of the land if available) Mr William Peter du Plessis ID No: 610205 5055 006 (057)-212 2571 / (051)-446 4469 (082)-821 1053 Portion 2 of Kalkoenkrans 225
Free State Province
Owner details
Private Land held under Trust Current Land Use - Agricultural
Type of Land
Agricultural
141
(Insert required area/size of property required) Required area and use (Insert the use of which portion of property is required) Example - road reserve, access road, borrow pit, quarry etc. In the event that more than one use is envisaged please indicate the required area/size for each use (Insert any and all improvement within the required area) Please note that under this section improvements should not only be seen as structures but must also include such improvements as boreholes, electrical installations including sub terrainian installations any other movable improvements currently within the acquired area e.g. animal drinking troughs, borehole pumps etc. Also indicate the type of crops on the affected area if agricultural. (Insert names and identity numbers of all occupants on the required area as well as the date from which they occupied the area) Occupants Please be very meticulous as certain occupants may have rights in terms of various legislation of which the Extension of Security of Tenure Act is but one. (Insert any and all rights registered against the property) This portion to be provided by Land Portfolio Service Provider In this instance all rights registered against the Title Deed should be listed. This must also include any servitudes, Deeds of Restraints, Lease Agreements, Usufructuaries, Bonds, etc. (Insert all rights suspected but not registered against the Title Deed) In this instance the landowner must be interviewed to make sure that all other rights that may be applicable to the property are listed. Please be very meticulous in this regard and be especially vigilant as regards to mining rights or surface rights. Permits of whatsoever nature must also be indicated here.
0,404 ha Road Reserve Drawing 21778/LA/10 Temporary bypass Drawing 21778/LA/10 Total Improvements Stock proof fence. Type of crops Maize. = = = 0,103ha 0,301ha 0,404ha
Improvement affected by acquisition
None.
Servitude - Eskom. Servitude - Sedibeng Water Pipeline. Mining rights - Oryx Gold Holdings Limited
Rights on property
The owner could not identify any such rights.
142
(Insert a statement as to how access will be gained to the property) In the event that access is negatively affected by the acquisition please indicate how access will be re-instated. Please indicate whether the access road has been discussed with the landowner and if the landowner is agreeable to such a solution. Also indicate whether the relevant Roads Authority has been contacted and approval been obtained if roads are re-aligned to ensure access. (Insert the market value of the land that the landowner is requesting to be paid)
Access will be gained at current access. Construction Contract to provide for upgrading work to Bell-mouth at current access.
Access to property
R6 000/ha - Ploughed fields (Dry lands)
(Insert any financial losses that the landowner is requesting as well as what such financial losses comprise of) Landowners request In this instance it is important to also note if the design of the road can be adjusted to minimise any of the financial losses that the landowner will experience. (Insert any further request that the landowner may have)
None. No changes to be affected on design.
New fence to be erected before old fence is taken down.
(Insert a statement if any land is severed or not) Severed land (If severed, insert the approximate extent of land that is severed)
Property boundaries coincide with existing road reserve. No land is severed.
Not applicable
143
7.5.5
ANNEXURE 5E: Signed Letter re Landowners Confirmation
144
7.5.6
ANNEXURE 5F: Supporting Documentation

WINDEED SEARCH
145
146
147
TITLE DEED
148
149
150
151
152
7.5.7
ANNEXURE 5G: Property Report Checklist
153
154
155
7.5.8
ANNEXURE 5H: Form LA 2A: Submission of Design Data

FORM LA 2 A
FORMAT OF SUBMISSION OF DESIGN INFORMATION BY THE DESIGN ENGINEERS FOR THE COMPILATION OF LAND ACQUISITION PLANS CONTRACT DESCRIPTION: CONTRACT NO. NRA-R030-030-2007/1 : UPGRADE OF NATIONAL ROUTE R30 SECTION 3 BETWEEN BEATRIX MINE (km 18,1) AND VIRGINIA I/S (km 36,3) : PORTION 2 OF KALKOENKRANS 225 1 Engineering design layout plans (CAD drawings) to be submitted in DXF, DWG or DGN format together with the relevant grid (mark with ) Maximum of 40MB on a CD or 5MB by e-mail Design layout plans (CAD drawings) to be submitted on the same datum or system as the topographical mapping (Cape Datum or WGS 84 System) (mark with ) Cadastral boundaries as a layer of the design to be supplied for affected properties. (Applicable for road design, borrow pits and quarries) DXF DWG
WGS
DGN
Cape Datum
System
If not, give reason: Yes
Yes N/A If not, give reason:
Co-ordinates always to be supplied in WGS 84 for borrow pits and quarries and also for existing or new access roads to borrow pits and quarries. Locality plan for all acquisition areas to be depicted on a 1:50 000 topographical map. Date of commencement of the construction Yes
5 6 7
If not, give reason:
Date: November 2008 Yes No
Owners details supplied on separate sheets (mark with ) Owners of affected properties and contact details Name and Surname to be supplied in the following format: (Complete separate page for each owner) Tel nr. Fax nr. E-mail address Postal address Mobile nr. Improvements on required land not shown on the topographical mapping
None None
N/A
One set of all above-mentioned documents be submitted to:
Submitted to: The SANRAL Regional Office (in PDF format) MANCO JV (in DXF, DWG or DGN format) Hermans & Roman (in PDF format) CS Massel (in PDF format)
Date submitted 18/04/2008 18/04/2008 18/04/2008 18/04/2008
156
7.6
7.6.1
ANNEXURE 6: Pro Forma Documentation

ANNEXURE 6A: Letter requesting Landowners Confirmation
Engineers Letterhead Recipient Address P O Box 1234 City/Town Postal code Dear Sir/Madam CONTRACT (PROJECT NUMBER): CONSULTING ENGINEERING SERVICES FOR (PROJECT DESCRIPTION) (INSERT PROPERTY DESCRIPTION): INFORMATION, PERMISSION TO
ACCESS AN UNDERTAKING FOR FUTURE NEGOTIATIONS (Company name) have been appointed by the South African National Roads Agency Limited (SANRAL) for the construction / upgrading / rehabilitation / (Delete as necessary) of the section of national road between (Insert Description) and (Insert Description). This project inter alia includes the engineering assessment of gravel pits and stone quarry material sources for the rehabilitation of the project. At the moment it is planned that the construction of the work will commence in the year (Insert year) for a period (Insert period), for completion in (Insert year of completion). For the planned construction, certain section/s of land on the farm (Insert farm name) has been identified for permanent and/or temporary acquisition. In order to facilitate the process for the acquisition of the land, we please require the information indicated on the attached form, from you. We thank you for your co-operation in this matter. Yours sincerely
_________________ Signature of Engineer
157
TO WHOM IT MAY CONCERN Description of Property:.. 1. I, (Insert name of owner) being the owner/ duly authorized representative of the owner herewith agree to the proposed acquisition of my property by the SANRAL subject to a) Fair market value be paid for the land in question b) Direct financial losses be paid that comprise of: . . c) The following further conditions: .. .. 2 I also acknowledge that the proposed design has been discussed with myself and that the design is acceptable to myself/the following design changes be considered to mitigate the following: . . ..
158
3. I hereby certify that I will in future be willing to enter into a negotiation process with SANRAL, or its designated representative, for obtaining the right and reasonable compensation for the area and/or road building material as may be required. With this I do not certify that I will accept any price/compensation, but only that I will be willing to enter into a negotiation process in this regard.
Thus done and signed at on this.. day of ..
.. Signature of Landowner
Signature of Engineer
. Signature of Valuer
159
7.6.2
ANNEXURE 6B: Property Report Checklist

Note: Only one (1) Checklist, duly signed by the indicated persons, is required per project.
CONTRACT DESCRIPTION:
CHECKLIST ITEM Has the project been incorporated into the LAC programme by means of registering it through SANRAL with the submission of Form LA1 (Refer Annexure 6C) Has all required information been submitted in the formats specified in this Guideline Manual? Have all the landowners who are affected been contacted and the Letters of Landowners Confirmation (Refer Annexure 6A) been signed by the Landowners? If yes to the above, have the landowners suggestions or problems been addressed through the design? Are all information and data for the Property Report submitted in accordance the Land Acquisition Guideline Manual, Item 5.5.11 Does the design follow cadastral boundaries as far as possible? If an existing road is involved - has the definition of the road reserve boundary been procured from the Survey Service Provider? YES NO
160
ITEM Has the contact details (including physical address, postal address, telephone numbers and cellular numbers) of all landowners been provided? Has the land to be acquired been differentiated in accordance the type of ownership (refer item 5.5.3) held of such land? If yes to the above, has the time allowance for the acquisition of State owned land, Transnet and SARCC land, Un-alienated State land and Tribal land been adjusted in conjunction with SANRAL and its Service Providers? If State owned land, Transnet and SARCC land, Unalienated State land and/or Tribal land needs to be acquired, has an alternative design been considered in order to minimize acquisition obstacles posed by these different land types? Has the existing use, as well as required use of each of the land parcels which need to be acquired, been captured in the Property Report? Has all improvements affected by the acquisition of land been identified and addressed by either redesign, appropriate provision for remedial works under the construction contract, and/or direct losses minimised as far as possible? Has an audit been done to ensure other real and informal rights are taken into account? If yes to the above, is the design of such a nature to minimize acquisition obstacles posed by the different real rights? If an access road is involved, has the requisite roads authority been approached and approval been obtained? In the alternative, has the landowner been approached and approval obtained for the alignment of the access road?
YES
NO
161
ITEM If borrow pits and quarries are required, have the rights to minerals as dictated by Act 28 of 2002 been sourced and taken into account? Has the value of the land been taken into account during the design of the road? Has the extent of severed land been minimised during design? Is the placement of borrow pits and quarries been of such a nature that it poses the least effect on properties? Has any agreement other than the property acquisition been reached with any landowners, and if so, has the relevant details been submitted to SANRALs Land Portfolio Service Providers and the Valuers? Has the design been done taking into account the least cost for SANRAL in acquiring the property?
YES
NO
Signed: Consulting Engineer
Date
Signed: Land Portfolio Service Provider
Date
Signed: Valuer
Date
162
Signed: Survey Service Provider
Date
Approved / Not Approved
Signed: SANRAL Project Manager
Date
163
7.6.3
ANNEXURE 6C: Form LA 1
APPLICATION FOR THE ADDING OF NEW PROJECTS TO THE LAND ACQUISITION COMMITTEE PROGRAM ( LAC PROGRAM) (To be completed by The SANRAL Regional Representative) 1 2 REGION: (Mark with X Northern 1 Eastern 2 Southern 3 Western 4
REQUESTED BY: Regional Representative Date that request is submitted to The SANRAL H/O THE SANRAL CONSTRUCTION PROJECT NUMBER ROUTE NUMBER NOT A TOLL ROAD PROJECT PROJECT DESCRIPTION From To SECTION NUMBER
Date that request is submitted to Hermans & Roman and Manco
3 4 5 6
TOLL ROAD PROJECT
SANRAL PROJECT ENGINEER Contact details Tel Mobile Fax E-mail
CONSULTING ENGINEERING FIRM: Project Engineer: Contact details Tel Mobile Fax E-mail (Give short description)
SCOPE OF WORK (Tick relevant block below) Green fields (new alignment) Rehabilitation Other
9.1
Date on which design of SANRAL approved road reserve and access / secondary road, etc can be expected. (minimum of 9 months prior to site hand over date) Land required for road reserve purposes Estimated number of properties affected Site handover date: * Is list of affected properties attached? YES NO
9.2
164
9.3 9.4
Date on which final co-ordinates of borrow pits / quarries can be expected (minimum of 9 months prior to site hand over date) Land required for borrow pits / quarry sites Estimated number of borrow pits / quarry sites Estimated number of Site properties affected handover by borrow pits and date: quarry sites * Is list of affected properties attached? YES NO
Footnote: * List of affected properties to be attached if available
165
7.6.4
ANNEXURE 6D: Form LA 2

FORM LA 2
FORMAT OF SUBMISSION FOR DESIGN INFORMATION SUPPLIED BY THE DESIGN ENGINEERS FOR THE COMPILATION OF LAND ACQUISITION PLANS
CONTRACT DESCRIPTION:
PROPERTY DESCRIPTION
Engineering design layout plans (CAD drawings) to be submitted in DXF, DWG or DGN format together with the relevant grid (mark with ) Maximum of 40MB on a CD or 5MB by email Design layout plans (CAD drawings) to be submitted on the same datum or system as the topographical mapping (Cape Datum or WGS 84 System) (mark with ) Cadastral boundaries as a layer of the design to be supplied for affected properties. (Applicable for road design, borrow pits and quarries)
DXF
DWG
DGN
Cape Datum
WGS System
Co-ordinates always to be supplied in WGS 84 for borrow pits and quarries and also for existing or new access roads to borrow pits and quarries. Locality plan for all acquisition areas to be depicted on a 1:50 000 topographical map. Yes
If not, give reason:
Date of commencement of the construction
Date:
166
Owners details supplied on separate sheets (mark with ) Owners of affected properties and contact Name and Surname details to be supplied in the following format: (Complete separate page for each owner) Tel nr. Fax nr. E-mail address Postal address Mobile nr. Improvements on required land not shown on the topographical mapping
Yes
No
One set of all above-mentioned documents be submitted in digital format to:
Submitted to: The SANRAL Regional Office (in PDF format) MANCO JV (in DXF, DWG or DGN format) Hermans & Roman (in PDF format) CS Massel (in PDF format) Submitted to: The SANRAL Regional Office MANCO JV Hermans & Roman Property Sollutions Ndlala Massels Valuation Services
Date submitted
One set of all above-mentioned documents be submitted in hard copy format to:
Date submitted
167
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