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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(c) by the insertion in paragraph (b) before "been withdrawn" of "or a notice in terms of subsection (3) has";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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