CHAPTER 20:28

GAZETTED LAND(CONSEQUENTIAL PROVISIONS)ACT

Act 8/2006

AN ACT 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.

[Date of commencement : 20th December, 2006.]

• Short title

This Act may be cited as the Gazetted Land (Consequential Provisions) Act [Chapter 20:28].

• Interpretation
  • In this Act—

“acquiring authority” means the Minister responsible for land or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“fixed date” means the date fixed in terms of section 1(2) as the date of commencement of this Act; . “Gazetted land” means agricultural land that—

• in accordance with section 16B(2)(a)(i) or (ii) of the Constitution—
  • was identified on or before the 8th July, 2005, in the Gazette or Gazette Extraordinary under section 5(1) of the Land Acquisition Act [Chapter 20:10], and which is itemised in Schedule 7 to the Constitution, being agricultural land required for resettlement purposes; or
  • was identified after the 8th July, 2005, but before the 14th September, 2005, in the Gazette or Gazette Extraordinary under section 5(1) of the Land Acquisition Act

[Chapter 20:10], being agricultural land required for resettlement purposes; or

• in accordance with section 16B(2)(a)(iii) of the Constitution, is identified in terms of that provision by the acquiring authority on or after the 14th September, 2005, in the Gazette or Gazette Extraordinary for whatever purpose;

“land resettlement lease” means a lease of any Gazetted land, or a portion of Gazetted land, issued by the State to any person, whether in terms of the Rural Land Act [Chapter 20:18] or the Agricultural Land Settlement Act [Chapter 20:01] or otherwise;

“lawful authority” means— (a) an offer letter; or

• a permit; or
• a land settlement lease; and “lawfully authorised” shall be construed accordingly;

“offer letter” means a letter issued by the acquiring authority to any person that offers to allocate to that person any Gazetted land, or a portion of Gazetted land, described in that letter;

“permit”, when used as a noun, means a permit issued by the State which entitles any person to occupy and use resettlement land;

“resettlement land” means land identified as resettlement land under the Rural District Councils Act [Chapter 29: 13].

• ) Any word or expression to which a meaning has been assigned in the Land Acquisition Act [Chapter 20:10] shall have the same meaning when used in this Act.

• Occupation of Gazetted land without lawful authority
  • Subject to this section, no person may hold, use or occupy Gazetted land without lawful authority.
  • Every former owner or occupier of Gazetted land—
  • referred to in paragraph (a) of the definition of “Gazetted land” in section 2(1), shall cease to occupy, hold or use that land forty-five days after the fixed date, unless the owner or occupier is lawfully authorised to occupy, hold or use that land;
  • referred to in paragraph (b) of the definition of “Gazetted land” in section 2(1), shall cease to occupy, hold or use that land forty-five days after the date when the land is identified in accordance with section 16B(2)(a)(iii) of the Constitution, unless the owner or occupier is lawfully authorised to occupy, hold or use that land:

Provided that—

• the owner or occupier of that land referred to in paragraph (b) may remain in occupation of his or her living quarters on that land for a period of not more than ninety days after the date when the land is identified;
• the owner or occupier shall cease to occupy his or her living quarters after the period referred to in proviso (i).