Land Acquisition Act (consolidated to 10-5-02) (4) The revocation of an order made in terms of subsection (1) of section 8 shall not prevent the acquiring authority from subsequently acquiring the land concerned in accordance with this Act. [Section inserted by s. 8 of Act 15/2000.] 11 Investigation of land to be acquired (1) Subject to this section, whenever an acquiring authority is empowered to acquire land subject to this Act and it is considered desirable that any land be acquired, any duly authorised representative or employee of the acquiring authority may, whether the acquiring authority has acted in terms of section 5 or not, enter upon the land at all reasonable times with such men, vehicles and equipment and do such acts thereon as are necessary to ascertain— (a) the suitability of the land for the purposes of the acquiring authority; and (b) the value and extent of the land. (2) Before any powers conferred by subsection (1) are exercised, not less than 14 days’ notice in writing shall be given to the occupier, if any, of the land in question unless such notice is waived by the occupier. (3) The acquiring authority shall not have the right to enter any dwelling-house without the permission of the occupant. (4) As little damage and inconvenience as possible shall be caused by the exercise of any of the powers conferred by subsection (1). PART IV [Part IV, consisting of sections 12 to 15, repealed by s. 9 of Act 15/2000.] PART V CLAIMS FOR AND ASSESSMENT AND P AYMENT OF COMPENSATION 16 Duty to pay compensation Subject to this Part and Part VA, an acquiring authority shall pay fair compensation within a reasonable time— (a) to the owner of any land which is not agricultural land required for resettlement purposes and to any other person who suffers loss or deprivation of rights as a result of any action taken by the acquiring authority in respect of the acquisition of that land in terms of this Act; (b) to the owner of any agricultural land required for resettlement purposes and to any other person whose right or interest in the land has been acquired in terms of this Act. [Section substituted by s. 10 of Act 15/2000.] 17. [Section 17 repealed by s. 11 of Act 15/2000.] 18. [Section 18 repealed by s. 11 of Act 15/2000.] 19. [Section 19 repealed by s. 11 of Act 15/2000.] 20 Assessment of compensation for land other than agricultural land required for resettlement purposes (1) In respect of any acquisition of land which is not agricultural land required for resettlement purposes, compensation shall be paid in terms of section 16 for— (a) the loss of the land; and (b) any actual expense or loss which has been or may reasonably be incurred or suffered directly as a result of the action taken by the acquiring authority and which has not already been taken into account, directly or indirectly, in assessing compensation for the loss referred to in paragraph (a): Provided that, in relation to any damage to any area of land or any building or structure thereon, compensation for such damage shall not exceed the value of the area of land, building or structure, as the case may be. [Subsection amended by s. 23 of Act 15/2000.] (2) Compensation shall be assessed in terms of subsection (1) so as to endeavour to arrive at compensation that is fair and reasonable, having regard to— (a) the right of the claimant to be compensated for his loss; and (b) the general public interest in the acquisition of the land concerned; and, subject to this section and section 21, in assessing such compensation the value of the land shall be taken into account regard being had to its nature, location and quality and any other factor bearing on its value. (3) Where land that is not agricultural land required for resettlement purposes is acquired temporarily, compensation shall be assessed in terms of subsection (1) on the rental value of the land. [Subsection amended by s. 23 of Act 15/2000.] (4) If, immediately before the date of publication of the preliminary notice in the Gazette, land that is not agricultural land required for resettlement purposes was used for a purpose and adapted for that purpose in such a way that there is no general demand or market for the land so used and adapted, and if the justice of the case so requires, compensation shall be assessed in terms of subsection (1) on the basis of the reasonable cost of adapting other land in such a way that the claimant is restored as closely as possible to the position in which he was immediately prior to that date or on any other basis which is considered fair. [Subsection amended by s. 23 of Act 15/2000.] (5) Where materials are taken from land that is not agricultural land required for resettlement purposes and there is no general demand or market for those materials, compensation shall be assessed in terms of subsection (1) as the amount which would have been payable if the area of land from which the materials were taken had been acquired in terms of this Act. [Subsection amended by s. 23 of Act 15/2000.] -9-