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Amendment to the Land Acquisition Act as inserted in the General Laws Amendment Bill.
Proposed and voted in favour by parliament on 6 December, 2001.
(original amendment text, gazetted 6 November, follows)
ON NEW CLAUSE INSERTED AFTER CLAUSE 22 (NOW CLAUSE 26),
The Minister of Justice, Legal and Parliamentary Affairs moved:
After clause 22 ending on line 37 on page 1 l. of the Bill, to insert the following clause, the subsequent clauses being
renumbered accordingly
"27 Amendment of Cap. 20:10
1) The Land Acquisition Act [Chapter 20:10]. is amended
(a) in section 8(i) in subsection ( 1 ) by the insertion of the following proviso after proviso (ii)"(iii) where land is offered for acquisition by the owner in terms of subsection (2), (3) or (4) of section
6A or subsection (2) or (3) of section 6B and accepted by the acquiring authority, it shall not be
necessary for the acquiring authority to make an order in terms of this subsection, and such land shall
vest immediately in the acquiring authority upon acceptance of the offer as if an order had been made
in terms of this subsection.";
ii) by the repeal of subsection (2) and the substitution of-"(2) Immediately after making an order in terms of subsection (1) an acquiring authority may(a) in relation to land other than agricultural land acquired for resettlement purposes, exercise any
right specified in that order if the exercise of that right does not require the eviction of the owner
or occupier of the land concerned; and
(b) in relation to any agricultural land required for resettlement purposes, exercise any right of
ownership, including the right to survey, demarcate and allocate the land concerned for
agricultural purposes, without undue interfernce to the living quarters of the owner or occupier of
that land:
Provided that this subsection shall not permit an acquiring authority, other than the President or a
Minister, to do anything which interferes with rights acquired in terms of the Mines and Minerals
Act [Chapter 21:05] without the permission in writing of the Mir?stc~r responsible for mines.";
iii) by insertion after subsection (6) of the following subsection
"(7) Any owner or occupier of the land concerned or other person who, after an order is made in terms
of subsection (1), interferes with the exercise by the acquiring authority of any right in terms of
subsection (2) or anything done pursuant to the exercise of such right, without the permission in
writing of the acquiring authority, otherwise than in the exercise of rights acquired in terms of the
Mines and Minerals Act [Chapter 21:05], shall be guilty of an offence and liable to a fine not
exceeding twenty thousand dollars or imprisonment for a period not exceeding two years or to both
such fine and such imprisonment.";
(b) by the repeal of section 9 and the substitution of
"9 Eviction of owner or occupier
The following provisions shall, subject to subsection (5) of section seven and subsections (3) and (4) of
section eight, apply to the vacation by the owner or occupier of land acquired in terms of this Act(a) in relation to land other than agricultural land acquired for resettlement purposes, any person who,
immediately prior to the date on which an order is made in terms of subsection (1) of section eight, owned,
occupied, held or used the land to which such order relates shall, if so required by not less than three