Land Acquisition Act (consolidated to 10-5-02) 42 Inquiry by Derelict Land Board and declaration of derelict land (1) If the Derelict Land Board decides to hold an inquiry for the purpose of determining whether any land which is the subject of a report by the Chief Land Officer should or should not be declared derelict, it shall give notice of such inquiry— (a) in writing to any person who appears to the Board to have any interest or right in the land and whose whereabouts are ascertainable after diligent inquiry; and (b) by publication— (i) once in the Gazette; and (ii) once a week for three consecutive weeks in a newspaper circulating in the area where the land concerned is situated. (2) A notice given in terms of subsection (1) shall— (a) specify the place of the inquiry and the date thereof, which date shall not be less than 30 days from the date of the last publication required to be made in a newspaper in terms of subparagraph (ii) of paragraph (b) of subsection (1); and (b) call upon any person having an interest or right in the land to show cause at the inquiry why the land concerned should not be declared derelict. (3) On the day fixed by the Derelict Land Board for the purposes of subsection (2), the Board shall consider the matter and, after hearing evidence from the Chief Land Officer and any land officer and from any person who makes representations, the Derelict Land Board may, subject to subsection (4), determine the land in question to be derelict. (4) In determining whether or not any land is derelict, the Derelict Land Board shall have regard to— (a) whether the land is or has been occupied; and (b) whether the land is being worked or cultivated; and (c) whether the owner can be found; and (d) the control which the owner has exercised over the land; and (e) the extent of compliance with any law regarding the payment of rates, levies or taxes in respect of the land; and (f) any other matter which the Board may consider appropriate. (5) Where the Derelict Land Board has determined that any land is derelict, the Board shall declare it to be such and shall publish notice of its declaration in the Gazette. (6) Any person who is aggrieved by any notice published in terms of subsection (5) may, within three months of the date of publication of the notice or such longer period as the Administrative Court may for good cause allow, appeal to the Administrative Court. (7) The Administrative Court may, on an appeal in terms of subsection (6), confirm, vary or set aside the decision appealed against or give such decision as the case may require, and may in respect of any appeal— (a) receive such evidence and order the production of such documents as it considers necessary; (b) remit the matter to the Derelict Land Board for reconsideration, with such instructions as regards the taking of further evidence or otherwise as the Administrative Court thinks fit; (c) take any other course which it considers will lead to the just, speedy and inexpensive settlement of the matter. (8) Where an appeal in terms of subsection (6) is dismissed or where there is no appeal after the expiry of the period of three months referred to in that subsection, the President may, by order describing the nature and extent of the land affected, acquire the land. 43 Eviction of persons and registration of land Sections 9 and 10 shall apply, mutatis mutandis, in relation to the eviction of persons from any land acquired by the President in terms of this Part and to the registration of such land. 44 Compensation not to be paid for derelict land No compensation shall be paid in respect of any land declared to be derelict and acquired in terms of this Part. PART VIII SPECIAL PROVISIONS RELATING TO ADMINISTRATIVE COURT 45 Composition of Administrative Court for purposes of this Act (1) The Administrative Court— (a) shall consist of a President sitting alone for the purpose of hearing an application in terms of subsection (1) of section 7 for an order authorising or confirming an acquisition of agricultural land required for resettlement purposes; (b) shall, subject to paragraph (c), consist of a President and two assessors appointed by the President of the Administrative Court from the list of persons referred to in subsection (2) for the purpose of hearing any matter other than a matter referred to in paragraph (a); (c) may consist of a President sitting alone for the purpose of hearing any matter referred to in paragraph (b) which is unopposed or during any pre-trial proceedings. [Subsection substituted by s. 18 of Act 15/2000.] (2) The Presidents of the Administrative Court shall, with the approval of the Chief Justice and the Minister, draw up a list of names of not fewer than 10 persons who have ability and experience in administration, agriculture or commerce or have professional qualifications and who are otherwise suitable for appointment as assessors, but who are not members of the Public Service. - 16 -