Land Acquisition Act (consolidated to 10-5-02) resettlement purposes, any such person shall be given a reasonable opportunity to submit a claim for compensation in terms of section 22 accordingly; [Proviso substituted by s. 6 of Act 15/2000.] (ii) if the whereabouts of the owner of any land to be acquired is unknown to the acquiring authority after diligent inquiry, he may acquire the land concerned by notice in the Gazette specifying— (a) the land that is being acquired; and (b) the name of the registered owner of such land; (iii) where land is offered for acquisition by the owner in terms of subsection (2), (3) or (4) of section six A or subsection (2) or (3) of section six B 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. [Proviso inserted by s. 2 of Act 6/2002.] (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 (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 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 Minerals Act [Chapter 21:05] without the permission in writing of the Minister responsible for mines. [Subsection substituted by s. 2 of Act 6/2002.] (3) Subject to ten A, the effect of an order made in terms of subsection (1) shall be that the ownership of the land specified therein shall, subject to subsection (5) of section 7, immediately vest in the acquiring authority whether or not compensation has been agreed upon, fixed or paid in terms of Part V or VA and, subject to section 9, shall be free of all rights and encumbrances except, subject to subsection (4)— (a) such interest or right in the land as may be specified in the order; and (b) any right acquired in terms of the Mines and Minerals Act [Chapter 21:05]; and (c) any right of the State, a local authority or a statutory body; (d) any restriction on the use or occupation of the land which is in force by virtue of the Regional, Town and Country Planning Act [Chapter 29:12]; which were enforceable immediately prior to the serving of the order and which bind the acquiring authority thereafter. [Subsection mended by s. 6 of Act 15/2000.] (4) An acquiring authority may state in an order made in terms of subsection (1) that the land acquired in terms of that order is to be free of any right referred to in paragraph (b) or (c) of subsection (3) and the land shall thereupon be acquired free of any such right: Provided that an acquiring authority other than the President or a Minister shall not interfere with— (a) any right referred to in paragraph (b) of subsection (3) without the permission in writing of the Minister responsible for mines; or (b) any right referred to in paragraph (c) of subsection (3) without the consent in writing of a Minister or the local authority or statutory body concerned, as the case may be. [Paragraph amended by s. 6 of Act 15/2000.] (5) The acquisition by an acquiring authority of part of a piece of land in terms of subsection (1) shall not be construed as a subdivision of that piece of land for the purposes of the Regional, Town and Country Planning Act [Chapter 29:12]. (6) A copy of an order served on the owner of the land referred to in subsection (1) or published in the Gazette in terms of proviso (ii) to subsection (1) shall be served on any other person on whom the preliminary notice was served. (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 $20,000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [Subsection inserted by s. 2 of Act 6/2002.] 9 Eviction of owner or occupier (1) The following provisions shall, subject to subsection (5) of section 7 and subsections (2), (3), (4) and (7) of section 8, 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 required for resettlement purposes, any person who, immediately prior to the date on which an order is made in terms of subsection (1) section 8, owned, occupied, held or used the land to which such order relates shall, if so required by not less than three months' notice in writing by the acquiring authority, cease to occupy, hold or use that land, and if he fails to do so, he shall be liable to be evicted by order of a competent court; (b) in relation to any agricultural land required for resettlement purposes, the making of an order in terms of subsection (1) of section 8 shall constitute notice in writing to the owner or occupier to cease to -7-

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