Land Acquisition Act (consolidated to 10-5-02) Provided that compensation shall be payable for the land or any interest or right therein where an adequate fund for that purpose is established in accordance with subsection (1) of section 16A of the Constitution. (2) In assessing or estimating the amount of compensation payable to any person for improvements on or to the land in terms of subsection (1), the Compensation Committee and every designated valuation officer shall be bound by such of the principles prescribed in Part I of the Schedule as are applicable to the acquisition concerned: Provided that, where the fund referred to in the proviso to subsection (1) is established, the principles prescribed in Part II of the Schedule shall apply in assessing the amount of compensation payable for the land or any interest or right therein. (3) The Minister, with the approval of the Minister responsible for finance, may fix the form and manner in which and the period within which compensation shall be paid in terms of subsection (1), whether generally or in respect of any type or class of land: Provided that— (a) at least one quarter of the compensation payable shall be paid at the time the land concerned is acquired, or within a reasonable time thereafter; and (b) a further one-quarter of the compensation payable shall be paid within two years after the land concerned was acquired; and (c) the balance of the compensation payable shall be paid within five years after the land concerned was acquired. (4) Without derogation from the generality of subsection (3), in fixing the form, manner and period within which compensation shall be paid in terms of that subsection, the Minister may direct that the whole or any part of the compensation payable in terms of subsection (1) shall be paid— (a) in a lump sum or in instalments; or (b) in cash or in bonds or other securities issued by the Government. (5) Compensation payable in terms of subsection (1) shall not extend to compensation for loss suffered or expense incurred by the owner or occupier of the agricultural land arising out of— (a) any investigation conducted by or on behalf of the acquiring authority in terms of section 11; or (b) the removal or eviction of the owner or occupier from the land concerned in terms of section 9; or (c) his inability to conduct any activity on the land concerned, whether as a result of a notice in terms of subsection (3) of section 5 or otherwise; or (d) any other circumstances incidental to the acquisition of the land concerned. (6) The Minister, with the approval of the Minister responsible for finance, may from time to time give the Compensation Committee written guidelines relating to the amounts of compensation payable in terms of subsection (1), whether generally or in respect of any type or class of land, and the Compensation Committee shall fix compensation in accordance with any such guidelines: Provided that no such guidelines shall be inconsistent with the principles prescribed in this Act. 29D Appeals under this Part (1) If a claimant for compensation or an acquiring authority considers that the Compensation Committee, in assessing the compensation payable in respect of the acquisition of any agricultural land required for resettlement purposes, has not observed any of the principles prescribed or referred to in section 21 or 29C, he may appeal to the Administrative Court. (2) An appeal in terms of subsection (1) shall be made within 30 days after the Compensation Committee’s assessment of the compensation payable in respect of the acquisition of the land concerned. (3) In an appeal in terms of subsection (1), neither the Administrative Court nor any other court shall set aside an assessment unless the court is satisfied that the Compensation Committee, in making the assessment, did not observe any of the principles prescribed or referred to in section 21 or 29C. PART VI DERELICT LAND BOARD 30 Establishment of Derelict Land Board (1) There is hereby established a board, to be known as the Derelict Land Board, which shall consist of not fewer than three and not more than five members who shall be appointed by the Minister, of whom— (a) one shall be appointed from a list of not fewer than three names submitted by such association or associations of farmers as the Minister may determine; and (b) the remainder of whom shall be appointed by the Minister; after consultation with the President and in accordance with such directions as the President may give. (2) The Minister shall designate one member to be chairman of the Derelict Land Board. 31 Disqualifications for membership of Derelict Land Board (1) A person shall not be appointed as a member, and no person shall be qualified to hold office as a member, if— (a) he has been adjudged or otherwise declared insolvent or bankrupt in terms of a law in force in any country and has not been rehabilitated or discharged; or (b) he has made an assignment to or arrangement or composition with his creditors in terms of a law in force in any country, and the assignment, arrangement or composition has not been rescinded or set aside; or - 13 -