Land Acquisition Act (consolidated to 10-5-02)
(10) Any proposal circulated among all members and agreed to in writing by a majority of them shall be of
the same effect as a resolution passed at a duly constituted meeting of the Derelict Land Board and shall be
incorporated in the minutes of the next succeeding meeting of the Board:
Provided that, if a member requires that any such proposal be placed before the Board, this subsection
shall not apply to the proposal.
(11) Except as otherwise provided in this Part, the procedure for the convening and conduct of meetings of
the Derelict Land Board shall be as fixed from time to time by the Board.
35 Minutes of proceedings of Derelict Land Board
(1) The Derelict Land Board shall cause minutes of all proceedings of and decisions taken at all meetings
of the Board to be entered in books kept for the purpose.
(2) Any minutes referred to in subsection (1) which purport to be signed by the chairman of the meeting
to which the minutes relate or by the chairman of the next following meeting of the Derelict Land Board shall be
accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting
concerned.
36 Remuneration and allowances of members
A member shall be paid—
(a) such remuneration as the Minister, with the approval of the Minister responsible for finance, may fix
for members generally; and
(b) such allowances as the Minister, with the approval of the Minister responsible for finance, may fix to
meet any reasonable expenses incurred by the member in connection with the business of the
Derelict Land Board.
[Section amended by s. 17 of Act 15/2000.]
37 Expenses of Derelict Land Board
Any expenses incurred by the Derelict Land Board in carrying out its functions in terms of this Act shall be
met, on the direction of the Minister, from moneys appropriated for the purpose by Act of Parliament.
38 Validity of decisions and acts of Derelict Land Board
No decision or act of the Derelict Land Board and no act done under the authority of the Board shall be
invalid solely because, at the time the decision was taken or the act was done or authorised—
(a) there were one or more vacancies in the membership of the Board; or
(b) a disqualified person acted as a member of the Board;
if the duly appointed members who were present when the decision was taken or the act was done or
authorised by the Board constituted a quorum in terms of subsection (5) of section 34.
39 Powers of Derelict Land Board
(1) The powers, rights and privileges of the Derelict Land Board and its members in the exercise of the
Board’s functions in terms of this Act shall be the same as those conferred upon a commissioner by the
Commissions of Inquiry Act [Chapter 10:07], other than the power to order a person to be detained in custody,
and sections 9 to 13 and 15 to 18 of that Act shall apply, mutatis mutandis, in relation to an inquiry or
investigation conducted by the Board and to a person summoned to give evidence or giving evidence at the
inquiry or investigation.
(2) If any person summoned to give evidence or to produce books, plans, accounts or other documents
fails to appear before the Derelict Land Board or refuses to be examined on oath or to answer any question or
to produce any such document, he shall be guilty of an offence and liable to a fine not exceeding $1,000 or to
imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
PART VII
PROVISIONS RELATING TO DERELICT LAND
40 Appointment of Chief Land Officer and other land officers
(1) There shall be a Chief Land Officer and such other land officers as may be required, whose offices
shall be public offices and form part of the Public Service.
(2) Any land officer, when performing the functions of the Chief Land Officer in terms of this Act, shall be
subject to the direction of the Chief Land Officer.
(3) The Chief Land Officer and any land officer appointed in terms of subsection (1) may at all reasonable
times enter upon any land to ascertain the nature and extent of occupation thereon and for other purposes
reasonably connected with their functions in terms of this Act:
Provided that, before any entry is made in terms of this subsection, the owner or occupier of the land shall
be given not less than 14 days’ notice unless such notice is waived by such owner or occupier.
41 Reports on derelict land
(1) Where the Chief Land Officer has reason to believe that any land is derelict, he shall investigate the
matter and, if satisfied that the land in question is derelict, shall submit a report to the Derelict Land Board
accordingly.
(2) The Derelict Land Board shall consider any report submitted to it in terms of subsection (1) and, if it
considers that there is substance in the report, shall hold an inquiry in terms of section 42 for the purpose of
determining whether or not the land concerned should be declared derelict.
- 15 -
Select target paragraph3
Add to table of contents