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Gazetted Land (Consequential Provisions) Bill, 2006 (H.B. 8, 2006)
June 16, 2006
Gazetted Friday 16 June, 2006

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Gazetted Land (Consequential Provisions) Bill, 2006

MEMORANDUM

This Bill is necessitated by the enactment of section 16B of the Constitution by the Constitution of Zimbabwe Amendment (No. 17) Act, 2005. Section 16B saved in force those provisions of the Land Acquisition Act [Chapter 20:10] that were concerned with compensation for improvements to what was called in that Act "agricultural land required for resettlement purposes". However, the status of certain other provisions relating to such land was left undetermined, with the result that it was felt desirable to re-enact those provisions or make new provisions in this Bill.

The following is a clause-by-clause analysis of this Bill.

Clause 1
This clause sets out the Bill's short title.

Clause 2
This clause contains definitions of terms used in the Bill. Of particular note is the definition of "Gazetted land" (that is, agricultural land whose compulsory acquisition is specifically provided for in section 16B of the Constitution), which covers a broader spectrum of agricultural land that simply "agricultural land required for resettlement purposes" (see section 16B(2)(a)(iii) of the Constitution).

Clause 3
This clause makes it any offence to occupy or to continue to occupy land without lawful authority after it has been gazetted in accordance with section 16B(2)(a) of the Constitution.

Clause 4
This clause provides that the payment of compensation for improvements to specially Gazetted land will be governed by the provisions of the Land Acquisition Act [Chapter 20:10], as suitably amended by clause 8 of this Bill.

Clause 5
This clause saves to in force all proceedings, whether administrative, civil or criminal, that were commenced under the Land Acquisition Act [Chapter 20:10] before its amendment by this Bill.

Clause 6
This clause validates all offer letters issued before the fixed date that are not withdrawn by the acquiring authority.

Clause 7
This clause repeals the Rural Land Occupiers (Protection from Eviction) Act [Chapter 20:26] (No. 13 of 2001), whose provisions have become redundant because they do not apply to State land.

Clause 8 and Schedule
This clause seeks to make various consequential amendments to the Land Acquisition Act [Chapter 20:10], most significantly, substitutes the term "agricultural land required for resettlement purposes" by the broader category of "Gazetted land".

PRESENTED BY THE MINISTER OF LANDS AND LAND REFORM

BILL

To make certain provisions that are consequential to the enactment of section 16B of the Constitution; to amend the Land Acquisition Act [Chapter 20:10]; to repeal the Rural Land Occupiers (Protection from Eviction) Act [Chapter 20:26] (No. 13 of 2001); and to provide for matters connected therewith or incidental thereto.

ENACTED by the President and the Parliament of Zimbabwe.

1 Short title and date of commencement
(1) This Act may be cited as the Gazetted Land (Consequential Provisions) Act, 2006.
(2) This Act shall come into operation on a date to be fixed by the President by notice in a statutory instrument.

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