Land Acquisition Act (consolidated to 10-5-02)
notice lapsed or, if so agreed by the acquiring authority and the owner of the land concerned, at any
earlier time; or
(b) been withdrawn in terms of subsection (7), whether before, on or after the date of commencement of
the Land Acquisition Amendment Act, 2000, or the Land Acquisition Amendment Act, 2001, shall not
prevent the acquiring authority from issuing a fresh notice in terms of subsection (1) or (3), as the
case may be, in respect of the same land.
[Subsection substituted by s. 4 of Act 14/2001.]
6
Owner may demand acquisition of whole property
(1) Where—
(a) an acquiring authority has served a preliminary notice of intention to acquire part only of a piece of
land; and
(b) the owner considers that the acquisition of that part will render the remainder of the piece of land
unsuitable for the purpose for which, immediately prior to the date of the service on him of that notice
or of a notice in terms of subsection (3) of section 7, whichever is the earlier, it was being used or was
bona fide intended to be used;
the owner may call upon the acquiring authority to acquire the whole of that piece of land and the acquiring
authority shall, subject to subsection (2), comply therewith unless the preliminary notice expires in terms of
paragraph (a) of subsection (4) of section 5 or is withdrawn in terms of subsection (7) of that section.
(2) If the acquiring authority considers that the acquisition of a part of any piece of land referred to in
subsection (1) will not render the remainder of such piece of land unsuitable as referred to in that subsection,
the matter shall be referred to the Administrative Court, which may make such order as it thinks fit.
6A Circumstances under which owner may offer land in substitution for, or in lieu of the acquisition of,
land to be acquired for resettlement purposes
(1) In this section—
“acquiring authority”, for the purposes of this section, includes an authority proposing to acquire land in
terms of this Act.
(2) Subject to this section, where an acquiring authority has served a preliminary notice in respect of any
agricultural land required for resettlement purposes, the owner concerned may, at any time before the title of
the State in that land is registered in terms of section 10, offer and agree to the acquisition of any other piece of
land owned by him in substitution for the land described in the preliminary notice.
(3) Subject to this section, an owner of rural land may, in anticipation of the service upon him of a
preliminary notice referred to in subsection (2), offer and agree to the acquisition of such land.
(4) Subject to this section, an owner of more than one piece of rural land may, in anticipation of the
service upon him of a preliminary notice referred to in subsection (2), offer and agree to the acquisition of any
such piece of land, whether or not it is the piece of land to which the anticipated notice relates.
(5) An acquiring authority shall not accept an offer made in the circumstances described in
subsection (2), (3) or (4), unless the owner agrees to its being acquired in terms of subsection (6).
(6) If an acquiring authority accepts any offer referred to in subsection (2), (3) or (4), this Part and Parts V
and VA shall apply as if the acquisition of the land in question was an acquisition of agricultural land required
for resettlement purposes in respect of which no objection has been lodged.
[Section inserted by s. 4 of Act 15/2000.]
6B Circumstances under which owner may subdivide land to be acquired for resettlement purposes
(1) In this section—
“acquiring authority”, for the purposes of this section, includes an authority proposing to acquire land in
terms of this Act.
(2) Subject to this section, where an acquiring authority has served a preliminary notice in respect of any
agricultural land required for resettlement purposes, the owner concerned may, at any time before the title of
the State in that land is registered in terms of section 10, offer and agree to the acquisition of a portion of that
land in substitution for the whole of the land described in the preliminary notice.
(3) Subject to this section, an owner of rural land may, in anticipation of the service upon him of a
preliminary notice referred to in subsection (2), offer and agree to the acquisition of a portion of such land.
(4) When considering an offer made in the circumstances described in subsection (2) or (3) the acquiring
authority shall take into account the maximum size prescribed in regulations made under the Rural Land Act
[Chapter 20:18] for any piece of land that may be owned by any person for farming or other purposes in the
natural region in which such land is located, but shall not accept such offer unless the owner agrees to the
portion of land in question being acquired in terms of subsection (5).
(5) If an acquiring authority accepts any offer referred to in subsection (2) or (3), this Part and Parts V
and VA shall apply as if the acquisition of the land in question was an acquisition of agricultural land required
for resettlement purposes in respect of which no objection has been lodged.
(6) Upon acceptance of an offer referred to in subsection (2) or (3) the acquiring authority shall, subject to
subsection (7), proceed to acquire the portion of the land in question and may survey, demarcate and allocate
that land for resettlement purposes, notwithstanding that any formalities relating to the subdivision and transfer
of the land in terms of the Regional Town and Country Planning Act [Chapter 29:12], the Deeds Registries Act
[Chapter 20:05] or any other enactment have not been completed.
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