Gazetted Land (Consequential Provisions) Act [Chapter 20:28]
(a)
No. 8/2006
in accordance with section 16B(2)(a)(i) or (ii) of the Constitution—
(i) was identified on or before the 8th July, 2005, in the Gazette or Gazette
Extraordinary under section 5(1) of the Land Acquisition Act [Chapter 20:10]
and which is itemised in Schedule 7 to the Constitution, being agricultural land
required for resettlement purposes; or
(ii) was identified after the 8th July, 2005, but before the 14th September, 2005, in
the Gazette or Gazette Extraordinary under section 5(1) of the Land
Acquisition Act [Chapter 20:10], being agricultural land required for
resettlement purposes.
or
(b)
in accordance with section 16B(2)(a)(iii) of the Constitution, is identified in terms
of that provision by the acquiring authority on or after the 14th September, 2005,
in the Gazette or Gazette Extraordinary for whatever purpose;
"land resettlement lease" means a lease of any Gazetted land, or a portion of Gazetted land,
issued by the State to any person, whether in terms of the Rural Land Act
[Chapter 20:18] or the Agricultural Land Settlement Act [Chapter 20:01] or otherwise;
"lawful authority" means—
(a)
an offer letter; or
(b)
a permit; or
(c)
a land settlement lease;
and "lawfully authorised" shall be construed accordingly;
"offer letter" means a letter issued by the acquiring authority to any person that offers to
allocate to that person any Gazetted land, or a portion of Gazetted land, described in
that letter;
"permit", when used as a noun, means a permit issued by the State which entitles any
person to occupy and use resettlement land;
"resettlement land" means land identified as resettlement land under the Rural District
Councils Act [Chapter 29:13].
(2) Any word or expression to which a meaning has been assigned in the Land Acquisition
Act [Chapter 20:10] shall have the same meaning when used in this Act.
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Occupation of Gazetted land without lawful authority
(1) Subject to this section, no person may hold, use or occupy Gazetted land without lawful
authority.
(2) Every former owner or occupier of Gazetted land—
(a) referred to in paragraph (a) of the definition of "Gazetted land" in section 2(1), shall
cease to occupy, hold or use that land forty-five days after the fixed date, unless the
owner or occupier is lawfully authorised to occupy, hold or use that land;
(b) referred to in paragraph (b) of the definition of "Gazetted land" in section 2(1), shall
cease to occupy, hold or use that land forty-five days after the date when the land is
identified in accordance with section 16B(2)(a)(iii) of the Constitution, unless the
owner or occupier is lawfully authorised to occupy, hold or use that land:
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