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Land (Consequential Provisions) Bill, 2006 (H.B. 8, 2006)
June 16, 2006
Gazetted Friday 16 June, 2006
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Land (Consequential Provisions) Bill, 2006
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.
is a clause-by-clause analysis of this Bill.
This clause sets out the Bill's short title.
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
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.
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.
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.
This clause validates all offer letters issued before the fixed
date that are not withdrawn by the acquiring authority.
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
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.
title and date of commencement
(1) This Act may be cited as the Gazetted Land (Consequential Provisions)
(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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