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Land
Acquisition Amendment (No 2) Act, 2002
October 25, 2002
Read
a review of this amendment
Gazetted
25 October, 2002 (General Notice 541C of 2002).
Commencement 25 October, 2002.
[This Act was
passed by Parliament on 18th September, 2002, the Bill having been
published in the Gazette on 13th September, 2002.]
[Although parliamentary
Standing Order 102 requires all bills to be published in the Gazette at
least two weeks before being presented to Parliament, Standing Orders
were suspended for the purpose of enacting the Bill.]
1. Short title
This Act
may be cited as the Land Acquisition Amendment (No 2) Act,
2002.
2. Amendment of
section 5 of Cap. 20:10
Section
5 of the Land Acquisition Act [Chapter 20:10] (hereinafter called "the
principal Act") is amended in subsection (9)—
(a) by the deletion
of "or a notice in terms of subsection (3) has";
(b) by the insertion
in paragraph (a) before "lapsed" of "or a notice in terms of subsection
(3) has";
(c) by the insertion
in paragraph (b) before "been withdrawn" of "or a notice in terms of subsection
(3) has";
(d) by the insertion
of the following paragraph after paragraph (b)—
"or
(c) is not served
on the holder of any registered real right in the land to be acquired
at the same time as it is served on the owner of the land shall not
render the preliminary notice invalid as long as it is served on such
holder at any time—
(i) not less
than thirty days before the making of an order in terms of subsection
(1) of section eight; or
(ii) where
more than one order referred to in subparagraph (i) is made because
the original order was or became invalid for any reason, not less
than thirty days before the making of the subsequent order.".
3. Amendment of
section 7 of Cap. 20:10
Section
7 of the principal Act is amended by the insertion after subsection (4)
of the following subsection—
"(4a) If an application
in terms of subsection (1) is accompanied by a statement in terms of
subsection (2) stating that the land concerned—
(a) was at any
time within the preceding fifty years used for agricultural purposes;
and
(b) is to be
acquired for resettlement for agricultural purposes;
it shall be presumed
that the land is suitable for resettlement for agricultural purposes."
4. Amendment of
section 9 of Cap. 20:10
Section 9
of the principal Act is amended—
(a) in subsection
(1) in paragraph (b)—
(i) by the deletion
of "twenty thousand dollars" and the substitution of "one hundred thousand
dollars";
(ii) in proviso
(ii) by the deletion of "twenty thousand dollars" and the substitution
of "one hundred thousand dollars";
(b) by the repeal
of subsection (2) and the substitution of the following subsections—
"(2) Where
an order made in terms of subsection (1) of section eight in relation
to any agricultural land required for resettlement purposes is or becomes
invalid by reason of the failure—
(a) to serve
a preliminary notice on the owner of any registered real right in the
land; or
(b) to apply
to the Administrative Court for an order confirming the acquisition
within thirty days after the coming into force of the order;
or for any other
reason whatsoever, the service on the owner or occupier of the land
of a subsequent order in substitution for the invalid order—
(i) before the
expiry of ninety days from the date of service of the invalid order
shall constitute notice in writing to the owner or occupier to cease
to occupy, hold or use that land or his living quarters on that land,
or both such land and living quarters, as the case may be, before the
expiry of the unexpired period of notice that would have applied if
the invalid order were still in force; or
(ii) after the
expiry of ninety days from the date of service of the invalid order
shall constitute notice in writing to the owner or occupier to cease
to occupy, hold or use that land and his living quarters on that land
seven days after the date of service of the subsequent order on the
owner or occupier;
and if he fails
to do so, he shall be guilty of an offence and liable to a fine not
exceeding one hundred thousand dollars or to imprisonment for a period
not exceeding two years or to both such fine and such imprisonment.
(3) A court which
has convicted a person of an offence in terms of paragraph (b) of subsection
(1) or proviso (ii) thereto or subsection (2) shall issue an order to
evict the person convicted from the land to which the offence relates.".
5. Savings and
transitional provisions
(1) Subject
to subsection (2), sections 5, 7 and 9 of the principal Act as amended
by this Act shall be deemed to have come into operation on the 23rd May,
2000.
(2) For the avoidance
of doubt, it is declared that section 9 of the principal Act as amended
by paragraph (a) of section four shall not apply to any owner or occupier
of land who contravened section 9 of the principal Act before it was so
amended.
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