or not knowing or believing it to be true, shall be guilty of an
offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.
(4) Any member or employee referred to in section seventy-one who fails to comply with that section shall be guilty of
an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.
(5) A conviction for an offence in terms of this section
shall not exempt the person convicted from liability to do or
perform the act, matter or thing required to be done or
performed by him.
74 Authority to meet expenses of, and provide
facilities for, inquiry conducted by board
Subject to subsection (4) of section sixty-eight the authority shall meet the whole cost of the inquiry conducted by a
board and shall provide the board with such staff, accommodation and other facilities as may reasonably be required by
the board for the purposes of such inquiry.
75 Declaration of provisional clearance area and
publication and service of clearance notice
(1) The authority shall, as soon as may be after the date
of appointment of a board by notice in the Gazette, declare
the area outlined and described in terms of paragraph (a) of
subsection (2) of section sixty-six to be a provisional
clearance area.
(2) Copies of a clearance notice shall be—
(a) published once a week for two consecutive weeks,
commencing one week after the date on which the
clearance notice was published in the Gazette, in a
newspaper circulating in the locality of the provisional
clearance area; and
(b) served on—
(i) every owner or right holder of land within the
provisional clearance area; and
(ii) the Director of Physical Planning and the
appropriate local planning authority.
76 Contents of clearance notice
(1) A clearance notice shall—
(a) list every stand within the provisional clearance area;
and
(b) state that—
(i) a plan—
A. outlining the provisional clearance area;
and
B. showing every stand referred to in
paragraph (a);
is available for inspection at a specified place
and at specified times; and
(ii) a board has been appointed to inquire into and
report to the Minister on whether or not a clearance warrant authorizing the authority to acquire
by agreement or, in default of agreement, expropriation every stand referred to in paragraph (a)
should be granted; and
(iii) information concerning the declaration of the
provisional clearance area may be obtained at
the place and times specified in terms of subparagraph (i);
and
(c) call upon any owner, right holder or lessee of land
within or adjacent to the provisional clearance area
who wishes to do so to submit within a period of sixty
days from the date of publication of the clearance notice in the Gazette—
(i) written representations or a written application
to give oral evidence and argument; or
(ii) both the representations and application referred
to in subparagraph (i);
to the board at an address specified in such notice;
and
(d) advise that the Minister may, having considered the
report of the board and any representations made by
the authority, authorize the authority to acquire by
agreement or, in default of agreement, expropriation
all or some of the stands within the provisional clearance area; and
(e) draw attention to section seventy-seven.
(2) The board shall, on the expiry of the period referred to
in paragraph (c) of subsection (1), notify in writing any
owner, right holder or lessee referred to in that paragraph
who has submitted a written application to give oral evidence
and argument of the place and time at which the board will
hear and receive such evidence and argument.
77 Effect of clearance notice
While a clearance notice remains in force in terms of
section seventy-eight, no person shall—
(a) subdivide or apply for a permit to subdivide in terms
of Part VI of the Regional, Town and Country Planning Act [Chapter 29:12]; or
(b) construct permanent improvements or continue such
construction in or on;
any land within the provisional clearance area concerned
without the permission in writing of the authority.
78 Duration of clearance notice and payment of
compensation to persons suffering loss as result
thereof
(1) A clearance notice shall lapse upon the expiry of a
period of one year from the date of publication of the
clearance notice in the Gazette:
Provided that the Minister may, on good cause shown by
the authority, extend such period by—
(a) a further period not exceeding six months; or
(b) further periods not exceeding in aggregate six months.
(2) Notwithstanding anything contained in subsection (1),
a clearance notice which has not yet lapsed in terms of that
subsection shall lapse—
(a) in respect of any stand which is the subject of a
preliminary notice published in terms of section 5 of
the Land Acquisition Act [Chapter 20:10], upon the
date of such publication;
(b) where a clearance warrant is granted, two months
after the date of publication of the clearance warrant
in the Gazette:
Provided that the clearance notice concerned shall
lapse upon such date of publication in respect of any
stand which is not included within the clearance area
concerned;
(c) upon the withdrawal of the clearance notice by the
authority.
(3) Where the period referred to in subsection (1) is extended in terms of the proviso to that subsection, the authority shall—
(a) notify the Director of Physical Planning and the
appropriate local planning authority in writing of such
extension; and
(b) give notice of such extension in the Gazette; and
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