(Original proposed amendment, gazetted 9 November)
Statutory Instrument 338 of 2001
[CAP. 10:20]
Presidential Powers (Temporary Measures) (Land Acquisition)
(No. 2) Regulations, 2001
His Excellency the President, in terms of section 2 of the Presidential Powers (Temporary
Measures) Act [Chapter 10:20], hereby makes the following regulations:
Title
1. These regulations may be cited as the Presidential Powers
(Temporary Measures) (Land Acquisition) (No. 2) Regulations, 2001 .
Amendment of section 8 of Cap. 20:10
2. Section 8 of the Land Acquisition Act [Chapter 20:10] (hereinafter called "the principal Act")
is amended
(a) 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 required 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 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 interference 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 Mineral· Act [Chapter 2l:05] without the permission in
writing of the Minister responsible for mines.";
p. 2147
(b) by the 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