Land Acquisition Act (consolidated to 10-5-02) (b) any interest or right in land; “member” means a member of the Derelict Land Board, including the chairman, appointed in terms of section 30; “Minister” means the Minister of Lands and Water Resources or any other Minister to whom the President may, from time to time, assign the administration of this Act; “piece of land” means a piece of land registered as a separate entity in a Deeds Registry, and includes anything permanently attached to or growing on such land and any interest or right in such land; “preliminary notice” means a notice referred to in subsection (1) of section 5; “rural land” means any land other than land which is— (a) Communal Land; or (b) in a municipal area, town area or local government area; (c) in a town ward of a rural district council or an area declared to be a specified area in terms of the Rural District Councils Act [Chapter 29:13]; or (d) in the area of any township as defined in the Land Survey Act [Chapter 20:12]; or (e) State land the layout of which has been approved in terms of section 43 of the Regional, Town and Country Planning Act [Chapter 29:12]; or (f) State land specified in the Third Schedule to the Agricultural and Rural Development Authority Act [Chapter 18:01]; “structure” includes any wall, fence, dam, earthwork, well, borehole or other permanent improvement on or to land. (2) [Subsection repealed by s. 2 of Act 14/2001.] (3) Any reference in this Act to the acquisition of land shall, unless inconsistent with the context, be construed as including a reference to the taking of materials from land. (4) [Subsection repealed by s. 2 of Act 14/2001.] PART II ACQUISITION OF LAND 3 Acquisition of land by President (1) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may compulsorily acquire— (a) any land, where the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilisation of that or any other property for a purpose beneficial to the public generally or to any section of the public; (b) any rural land, where the acquisition is reasonably necessary for the utilisation of that or any other land— (i) for settlement for agricultural or other purposes; or (ii) for purposes of land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources; or (iii) for the relocation of persons dispossessed in consequence of the utilisation of land for a purpose referred to in subparagraph (i) or (ii). [Subsection amended by s. 3 of Act 14/2001.] (2) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may acquire any land that has been declared derelict in terms of section 42. [Subsection amended by s. 3 of Act 14/2001.] (3) Subsections (1) and (2) shall not empower an acquiring authority to acquire— (a) minerals which are the subject of rights; or (b) rights; acquired in terms of the Mines and Minerals Act [Chapter 21:05]. (4) Notwithstanding subsections (1) and (2), no Communal Land, materials from Communal Land or interest or right in Communal Land may be acquired by an acquiring authority otherwise than in accordance with the Communal Land Act [Chapter 20:04 4 Acquisition by resumption of ownership in certain cases Nothing in this Act shall preclude the President or any other person from resuming ownership of any land in accordance with any condition contained in a title deed to the land. PART III PROCEDURE FOR COMPULSORY ACQUISITION OF LAND 5 Preliminary notice of compulsory acquisition (1) Where an acquiring authority intends to acquire any land otherwise than by agreement, he shall— (a) publish once in the Gazette and once a week for two consecutive weeks, commencing with the day on which the notice in the Gazette is published, in a newspaper circulating in the area in which the land to be acquired is situated and in such other manner as the acquiring authority thinks will best bring the notice to the attention of the owner, a preliminary notice— (i) describing the nature and extent of the land which he intends to acquire and stating that a plan or map of such land is available for inspection at a specified place and at specified times; and (ii) setting out the purposes for which the land is to be acquired; and -3-