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URBAN AREA (OMNIBUS SERVICES) ACT (CHAPTER 29:14)

URBAN AREA (OMNIBUS SERVICES) ACT

Acts 6/1977, 3/1979, 20/1982, 8/1988 (s. 164), 22/2001 (s. 282).

AN ACT to provide for the establishment and operation of omnibus services within an urban area or between two or more urban areas; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 25th March, 1977.]

1    Short title

This Act may be cited as the Urban Areas (Omnibus Services) Act [Chapter 29:14].

                       2    Interpretation

(1) In this Act—

“appropriate Minister” means the Minister to whom the administration of the provision of this Act concerned has been assigned in terms of subsection (2); “area under the jurisdiction of a local authority” means—

  • in the case of a municipality or town, the municipal or town area and, in addition—
    • the area of any local government area which is administered and controlled by the municipal or town council concerned;
    • any other area not within the municipal or town area but which is completely surrounded by the municipal or town area;
  • in the case of a rural district council, any town ward of the council area or any area declared to be a specified area in terms of the Rural Districts Councils Act [Chapter 29:13];
  • in the case of a local board the local government area and, in addition, the area of any other local government area which is administered and controlled by the local board;

“authorized operator” means a person who has entered into an agreement such as is referred to in section three with the appropriate Minister;

“Controller” means the Controller of Road Motor Transportation appointed in terms of section 3 of the Transportation Act;

local authority” means a municipal council, town council, local board or rural district council;

“prohibition notice” means a notice such as is referred to in subsection (1) of section four;

“public service vehicle” has the meaning assigned thereto in the Transportation Act;

“road service permit” means a permit issued in terms of section 10 of the Transportation Act;

“specified area” means an area referred to in paragraph (b) of subsection (1) of section four which is specified in the prohibition notice;

“Transportation Act” means the Road Motor Transportation Act [Chapter 13:10];

“unauthorised”, in relation to a place, terminal point or route referred to in subsection (2) of section five means a place, terminal point or route other than one fixed by the appropriate Minister in terms of subsection (1) of that section;

“urban area” means—

  • an area under the jurisdiction of a local authority; or
  • an area of land within Communal Land which has been set aside in terms of section 10 of the Communal Land Act [Chapter 20:04] for the establishment of a township, village, business centre or industrial area.

(2) The President may, from time to time, by statutory instrument assign the administration of this Act to one Minister or partly to one Minister and partly to another in respect of different areas of Zimbabwe.

                       3    Agreements to provide omnibus services

(1) Subject to subsection (2), if the appropriate Minister is of the opinion that in any particular urban area or between any two or more urban areas—

  • no omnibus service is provided or any omnibus service which is provided is inadequate in the circumstances; and
  • it is necessary or desirable that an omnibus service or an adequate omnibus service, as the case may be, should be provided;

he may enter into an agreement with any person for the establishment and operation of an omnibus service within that urban area or between the urban areas concerned, as the case may be.

(2) The appropriate Minister shall not enter into an agreement in terms of subsection (1) for the establishment and operation of an omnibus service—

  • entirely within the area under the jurisdiction of a local authority without the prior approval of that local authority;
  • part of which will be within the area under the jurisdiction of a local authority without prior consultation with that local authority.

(3) Sections 194 and 195 of the Urban Councils Act [Chapter 29:15] shall not preclude the operation of any omnibus service in accordance with an agreement in terms of this section.

 

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