[Acts 3/1992, 15/2000, 14/2001, 22/2001 (s. 4), 6/2002, 10/2002, 1/2004, 7/2004 (s. 14), 8/2006 (s.7), 3/2016 (Part LXXXX), 12/2017 (s. 67)] AN ACT to empower the President and other authorities to acquire land and other immovable property compulsorily in certain circumstances; to make special provision for the compensation payable for agricultural land required for resettlement purposes; to provide for the establishment of the Derelict Land Board; to provide for the declaration and acquisition of derelict land; and to provide for matters connected with or incidental to the foregoing. [long title amended by section 22 of Act 15 of 2000]
In this Act— “ acquiring authority ” means— (a) the President, or any Minister duly authorised by the President, acting in terms of subsection (1) or (2) of section three; or (b) the President or any person acting in terms of section four; or (c) the person empowered or required by any enactment to acquire land , take materials from land or pay compensation therefor, where the enactment applies any provision of this Act to such acquisition, taking of materials or payment of compensation; or (d) in relation to anything required or permitted to be done by an acquiring authority in terms of this Act or an enactment referred to in paragraph (c), including the capacity to institute proceedings in terms of this Act and to sue and be sued either in his own official capacity or in the name of the acquiring authority, any person duly authorised by the acquiring authority for that purpose; [definition substituted by section 2 of Act 14 of 2001] “ agricultural land required for resettlement purposes ” [definition inserted by section 2 of Act 15 of 2000 and repealed by Act 8 of 2006] “ agricultural purposes ” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish; “ Chief Land Officer ” means the Chief Land Officer referred to in section forty; “ Compensation Committee ” means the Compensation Committee established by section twenty-nine A; [definition amended by section 2 of Act 15 of 2000] “ Derelict Land Board ” means the Derelict Land Board established by section thirty; “ designated rural land ” [definition repealed by section 2 of Act 15 of 2000] “ designated valuation officer ” means a person who is designated as a valuation officer in terms of subsection (1) of section forty-eight; [definition inserted by section 2 of Act 15 of 2000] “ fair compensation ”, in relation to the acquisition of specially Gazetted land , means compensation fixed by the Compensation Committee in accordance with the provisions of section twenty-nine C; [definition substituted by section 2 of Act 15 of 2000 and amended by Act 8 of 2006] “ improvements ”, in relation to specially Gazetted land , means any of the improvements prescribed in Part I of the Schedule; [definition inserted by section 2 of Act 15 of 2000 and amended by Act 8 of 2006] “ land ” includes— (a) anything permanently attached to or growing on land; and (b) any interest or right in land; “ member ” means a member of the Derelict Land Board , including the chairman, appointed in terms of section thirty; “ Minister ” means the Minister of Special Affairs in the President's Office responsible for Lands, Land Reform and Resettlement or any other Minister to whom the President may, from time to time, assign the administration of this Act; “ piece of land ” means a piece of land registered as a separate entity in a Deeds Registry, and includes anything permanently attached to or growing on such land and any interest or right in such land ; “ preliminary notice ” means a notice referred to in subsection (1) of section five; Provided that in the case of specially Gazetted land , the notice identifying that land shall be deemed to be a preliminary notice for the purposes of sections 5(3), (5), (6), (7) and (8); [proviso inserted by section 7 of Act 8 of 2006] “ rural land ” means any land other than land which is— (a) Communal Land; or (b) in a municipal area, town area or local government area; (c) in a town ward of a rural district council or an area declared to be a specified area in terms of the Rural District Councils Act [Chapter 29:13] ; or (d) in the area of any township as defined in the Land Survey Act [Chapter 20:12] ; or (e) State land the layout of which has been approved in terms of section 43 of the Regional, Town and Country Planning Act [Chapter 29:12] ; or (f) State land specified in the Third Schedule to the Agricultural and Rural Development Authority Act [Chapter 18:01] ; “ specially Gazetted land ” means agricultural land referred to in section 16B(1)(a)(i)(ii) or (iii) of the Constitution, and the term “specially Gazetted shall be construed accordingly; [definition inserted by section 7 of Act 8 of 2006] “ structure ” includes any wall, fence, dam, earthwork, well, borehole or other permanent improvement on or to land . (2) [subsection repealed by section 2 of Act 14 of 2001] (3) Any reference in this Act to the acquisition of land shall, unless inconsistent with the context, be construed as including a reference to the taking of materials from land . (4) [subsection repealed by section 2 of Act 14 of 2001]
(1) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may compulsorily acquire— (a) any land , where the acquisition is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public; (b) any rural land , where the acquisition is reasonably necessary for the utilization of that or any other land — (i) for settlement for agricultural or other purposes; or (ii) for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources; or (iii) for the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph (i) or (ii). [subsection amended by section 3 of Act 14 of 2001] (2) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may acquire any land that has been declared derelict in terms of section forty-two. [subsection amended by section 3 of Act 14 of 2001] (3) Subsections (1) and (2) shall not empower an acquiring authority to acquire— (a) minerals which are the subject of rights; or (b) rights; acquired in terms of the Mines and Minerals Act [Chapter 21:05] . (4) Notwithstanding subsections (1) and (2), no Communal Land, materials from Communal Land or interest or right in Communal Land may be acquired by an acquiring authority otherwise than in accordance with the Communal Land Act [Chapter 20:04]
Nothing in this Act shall preclude the President or any other person from resuming ownership of any land in accordance with any condition contained in a title deed to the land .
(1) Where an acquiring authority intends to acquire any land otherwise than by agreement, he shall— (a) publish once in the Gazette and once a week for two consecutive weeks, commencing with the day on which the notice in the Gazette is published, in a newspaper circulating in the area in which the land to be acquired is situated and in such other manner as the acquiring authority thinks will best bring the notice to the attention of the owner, a preliminary notice — (i) describing the nature and extent of the land which he intends to acquire and stating that a plan or map of such land is available for inspection at a specified place and at specified times; and (ii) setting out the purposes for which the land is to be acquired; and (iii) calling upon the owner or occupier or any other person having an interest or right in the land who— (A) wishes to contest the acquisition of the land , to lodge a written objection with the acquiring authority within thirty days from the date of publication of the notice in the Gazette; or (B) wishes to claim compensation in terms of Part V for the acquisition of the land , to submit a claim in terms of section twenty-two, where the land is not specially Gazetted land ; and [subparagraph amended by section 3 of Act 15 of 2000 and amended by section 7 of Act 8 of 2006] (b) serve on the owner of the land to be acquired and the holder of any other registered real right in that land whose whereabouts are ascertainable after diligent inquiry at the Deeds Registry and, if necessary, in the appropriate companies register, notice in writing providing for the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (a): [paragraph substituted by section 3 of Act 15 of 2000] Provided that in respect of specially Gazetted land the publication of a preliminary notice in the Gazette and once a week for two consecutive weeks (commencing on the day on which the notice in the Gazette is published) in a newspaper circulating in the area in which the land to be acquired is situated, shall be deemed to constitute service of notice in writing on the owner of the land to be acquired and the holder of any other registered real right in that land . [proviso inserted by section 2(1)(a) of Act 1 of 2004 and amended by section 7 of Act 8 of 2006] (2) Where the acquiring authority has published a preliminary notice in the Gazette in respect of any land , no person shall, while the notice remains in force in terms of subsection (4)— (a) subdivide or apply in terms of section 40 of the Regional, Town and Country Planning Act [Chapter 29:12] ; for a permit to subdivide such land; or (b) construct permanent improvements therein or thereon; or (c) dispose of such land ; without the permission in writing of the acquiring authority . (3) The acquiring authority may, by notice in writing served on the owner or occupier of any land specified in a preliminary notice , at any time on or after the date of publication of the preliminary notice in the Gazette, prohibit on such land any activity that he may specify. (4) A preliminary notice or a notice in terms of subsection (3) shall remain in force for a period of ten years from the date of publication of the notice in the Gazette: Provided that any period during which an application to the Administrative Court in terms of section seven, or any action in any other court in relation to the acquisition of the land in question, is pending or undetermined shall not be counted as part of the period of ten years referred to in this subsection. [subsection substituted by section 4 of Act 14 of 2001, and amended by section 14 of Act 7 of 2004] (5) A copy of the preliminary notice shall be lodged with— (a) the Registrar of Deeds, who shall thereafter not register any transfer of any land described in such notice to any person other than the acquiring authority unless— (i) the preliminary notice ceases to be in force in terms of subsection (4); or [subparagraph amended by section 7 of Act 8 of 2006] (ii) in pursuance of a valid contract of sale entered into prior to the date the preliminary notice was published in the Gazette; or (iii) the consent in writing of the acquiring authority has been given; and (b) the Director of Physical Planning and the appropriate local planning authority as defined in section 2 of the Regional, Town and Country Planning Act [Chapter 29:12] . (6) Where, after a preliminary notice has been published in the Gazette, the land described in the notice is transferred in pursuance of a valid contract of sale entered into prior to the date of publication of the preliminary notice , it shall not be necessary to publish a further preliminary notice in respect of that land nor to serve a further copy of the preliminary notice upon the person to whom the land has been transferred. (7) An acquiring authority may at any time— (a) withdraw a preliminary notice , by publishing notice of its withdrawal in the Gazette and serving notice of its withdrawal on every person on whom the preliminary notice was served; (b) withdraw a notice in terms of subsection (3), by serving written notice of its withdrawal on every person on whom the first-mentioned notice was served. (8) Any person who, after a preliminary notice has been published in the Gazette and while that notice is in force in terms of subsection (4), demolishes, damages, alters or in any other manner impairs the land described in that preliminary notice without the permission in writing of the acquiring authority , otherwise than in the exercise of rights acquired in terms of the Mines and Minerals Act [Chapter 21:05] , shall be guilty of an offence and liable to— (a) a fine (i) equivalent to so much of the amount of the prejudice caused to the land in relation to the purpose for which it is to be acquired as is ascertainable in monetary terms; or (ii) not exceeding level ten; whichever is the greater amount; or (b) imprisonment for a period not exceeding two years; or to both such fine and such imprisonment. [paragraphs (a) and (b) substituted by section 2(1)(b) of Act 1 of 2004] (9) The fact that a preliminary notice — (a) or a notice in terms of subsection (3) has lapsed— (i) before the substitution of subsection (4) by the Land Acquisition Amendment Act, 2000, or the Land Acquisition Amendment Act, 2001; or (ii) in terms of subsection (4); shall not prevent the acquiring authority from issuing a fresh notice in terms of subsection (1) or (3), as the case may be, in respect of the same land after a period of one year from the date when such notice lapsed or, if so agreed by the acquiring authority and the owner of the land concerned, at any earlier time; or (b) or a notice in terms of subsection (3) has been withdrawn in terms of subsection (7), whether before, on or after the date of commencement of the Land Acquisition Amendment Act, 2000, or the Land Acquisition Amendment Act, 2001, shall not prevent the acquiring authority from issuing a fresh notice in terms of subsection (1) or (3), as the case may be, in respect of the same land ; 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 five 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. [subsection substituted by section 4 of Act 14 of 2001 and amended by section 2 of Act 10 of 2002 and section 14 of Act 7 of 2004]
(1) Where— (a) an acquiring authority has served a preliminary notice of intention to acquire part only of a piece of land ; and (b) the owner considers that the acquisition of that part will render the remainder of the piece of land unsuitable for the purpose for which, immediately prior to the date of the service on him of that notice or of a notice in terms of subsection (3) of section seven, whichever is the earlier, it was being used or was bona fide intended to be used; the owner may call upon the acquiring authority to acquire the whole of that piece of land and the acquiring authority shall, subject to subsection (2), comply therewith unless the preliminary notice expires in terms of paragraph (a) of subsection (4) of section five or is withdrawn in terms of subsection (7) of that section. (2) If the acquiring authority considers that the acquisition of a part of any piece of land referred to in subsection (1) will not render the remainder of such piece of land unsuitable as referred to in that subsection, the matter shall be referred to the Administrative Court, which may make such order as it thinks fit.
(1) Where an objection to a proposed acquisition has been lodged in terms of subparagraph A of subparagraph (iii) of paragraph (a) of subsection (1) of section five, the acquiring authority shall— (a) before any acquisition takes place; or (b) not later than thirty days after the coming into force of an order made in terms of section eight; apply to the Administrative Court for an order authorizing or confirming the acquisition, as the case may be. (2) An application in terms of subsection (1) shall be accompanied by a statement setting out the purpose of the acquisition. (3) The acquiring authority shall give notice of an application in terms of subsection (1) to the owner of the land concerned and to every other person on whom the relevant preliminary notice has been served as soon as is reasonably practicable after the application has been lodged with the Administrative Court: [subsection substituted by section 5 of Act 15 of 2000] Provided that in respect of agricultural land required for resettlement purposes — (a) the publication in the Gazette of a notice of the application and particulars of where and the time within which any related documentation may be collected by the owner of the land to be acquired and the holder of any other registered real right in that land shall be deemed to constitute sufficient service of the notice of the application upon the owner and any other party concerned in the application; (b) it shall not be necessary for the purposes of proviso (a) to identify by name the holder of any registered real right in the land who is not the owner of the land . [proviso inserted by section 4 of Act 1 of 2004] (3a) The Administrative Court shall have jurisdiction in the first instance to hear and determine any application (whether or not made at the same time as the application for an order referred to in subsection (1)) to review the proceedings and decisions of the acquiring authority on any of the grounds specified in section 27 of the High Court Act [Chapter 7:06] , and may exercise in relation to such application the same powers that the High Court has on review of civil proceedings or decisions. [subsection inserted by section 4 of Act 1 of 2004] (4) The Administrative Court shall not grant an order referred to in subsection (1) unless it is satisfied— (a) that the acquisition of the land is reasonably necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the utilization of that or any other property for a purpose beneficial to the public generally or to any section of the public; or (b) where the acquisition relates to rural land , that the acquisition is reasonably necessary for the utilization of that or any other land — (i) for settlement for agricultural or other purposes; or (ii) for purposes of land reorganization, forestry, environmental conservation or the utilization of wild life or other natural resources; or (iii) for the relocation of persons dispossessed in consequence of the utilization of land for a purpose referred to in subparagraph (i) or (ii); (c) where the acquisition relates to only part of a piece of land , that the acquisition will not render the remainder of that piece of land unsuitable for the purpose for which it was being used or was bona fide intended to be used immediately before the acquisition. (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 . [subsection inserted by section 3 of Act 10 of 2002] (5) Where the Administrative Court refuses to grant an order referred to in subsection (1), the Administrative Court shall— (a) order the acquiring authority to withdraw the preliminary notice and any notice served in terms of subsection (3) of section five; and (b) if the acquiring authority has already acted in terms of section eight or nine, order the acquiring authority to return the land acquired. (6) The failure for any reason whatsoever to determine an application in terms of this section or the refusal by the Administrative Court to grant an order in terms of this section authorising or confirming the acquisition of any land , whether before, on or after the date of commencement of the Land Acquisition Amendment Act, 2000, or the Land Acquisition Amendment Act, 2001, shall— (a) not affect the validity of a preliminary notice issued in respect of that land if the notice is still in force in terms of subsection (4) of section five, nor prevent the acquiring authority from making a fresh application in respect of that land in terms of section seven; (b) where the preliminary notice has lapsed, not prevent the acquiring authority from issuing a fresh preliminary notice in terms of section five and subsequently acquiring that land in terms of this Act: Provided that the acquiring authority shall not be entitled to acquire the same land on the same grounds as those on which the Administrative Court had refused the original application. [subsection substituted by section 4 of Act 14 of 2001]
(1) Subject to section seven, the acquiring authority may, not less than thirty days after the date of publication of the preliminary notice in the Gazette, acquire, by order describing the nature and extent of the land affected and served on the owner of the land concerned, all or any of the land described in that notice: Provided that— (i) the acquiring authority may, with the consent of the owner of the land to be acquired and the holder of any other registered real right therein whose whereabouts are ascertainable after diligent inquiry at the Deeds Registry and, if necessary, in the appropriate companies register, acquire land not specified in the preliminary notice , and, where the land is not specially Gazetted land , any such person shall be given a reasonable opportunity to submit a claim for compensation in terms of section twenty-two accordingly; [proviso substituted by section 6 of Act 15 of 2000 and amended by section 7 of Act 8 of 2006] (ii) if the whereabouts of the owner of any land to be acquired is unknown to the acquiring authority after diligent inquiry, he may acquire the land concerned by notice in the Gazette specifying— (a) the land that is being acquired; and (b) the name of the registered owner of such land ; (iii) in the case of agricultural land required for resettlement purposes , the acquiring authority shall acquire the land concerned by notice in the Gazette specifying— (a) the land that is being acquired; and (b) the name of the registered owner of such land . [proviso (iii) substituted by section 5 of Act 1 of 2004] (2) Immediately after making an order in terms of subsection (1), an acquiring authority may exercise any right specified in that order if the exercise of that right does not require the eviction of the owner or occupier of the land concerned: Provided that this subsection shall not permit an acquiring authority , other than the President or a Minister , to do anything which interferes with rights acquired in terms of the Mines and Minerals Act [Chapter 21:05] without the permission in writing of the Minister responsible for mines. [subsection substituted by section 7 of Act 8 of 2006] (3) Subject to ten A, the effect of an order made in terms of subsection (1) shall be that the ownership of the land specified therein shall, subject to subsection (5) of section seven, immediately vest in the acquiring authority whether or not compensation has been agreed upon, fixed or paid in terms of Part V or VA and, subject to section nine, shall be free of all rights and encumbrances except, subject to subsection (4)— (a) such interest or right in the land as may be specified in the order; and (b) any right acquired in terms of the Mines and Minerals Act [Chapter 21:05] ; and (c) any right of the State, a local authority or a statutory body; (d) any restriction on the use or occupation of the land which is in force by virtue of the Regional, Town and Country Planning Act [Chapter 29:12] ; which were enforceable immediately prior to the serving of the order and which bind the acquiring authority thereafter. [subsection amended by section 6 of Act 15 of 2000] (4) An acquiring authority may state in an order made in terms of subsection (1) that the land acquired in terms of that order is to be free of any right referred to in paragraph (b) or (c) of subsection (3) and the land shall thereupon be acquired free of any such right: Provided that an acquiring authority other than the President or a Minister shall not interfere with— (a) any right referred to in paragraph (b) of subsection (3) without the permission in writing of the Minister responsible for mines; or (b) any right referred to in paragraph (c) of subsection (3) without the consent in writing of a Minister or the local authority or statutory body concerned, as the case may be. [paragraph amended by section 6 of Act 15 of 2000] (5) The acquisition by an acquiring authority of part of a piece of land in terms of subsection (1) shall not be construed as a subdivision of that piece of land for the purposes of the Regional, Town and Country Planning Act [Chapter 29:12] . (6) A copy of an order served on the owner of the land referred to in subsection (1) or published in the Gazette in terms of proviso (ii) to subsection (1) shall be served on any other person on whom the preliminary notice was served. (7) Any owner or occupier of the land concerned or other person who, after an order is made in terms of subsection (1), interferes with the exercise by the acquiring authority of any right in terms of subsection (2) or anything done pursuant to the exercise of such right, without the permission in writing of the acquiring authority , otherwise than in the exercise of rights acquired in terms of the Mines and Minerals Act [Chapter 21:05] , shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. [subsection inserted by section 2 of Act 6 of 2002 and amended by section 6 of Act 1 of 2004]
(1) The following provisions shall, subject to subsection (5) of section seven and subsections (2), (3), (4) and (7) of section eight, apply to the vacation by the owner or occupier of land acquired in terms of this Act— (a) in relation to land other than agricultural land required for resettlement purposes , any person who, immediately prior to the date on which an order is made in terms of subsection (1) section eight, owned, occupied, held or used the land to which such order relates shall, if so required by not less than three months’ notice in writing by the acquiring authority , cease to occupy, hold or use that land , and if he fails to do so, he shall be liable to be evicted by order of a competent court; (b) [paragraph repealed by section 7 of Act 8 of 2006] (2) [subsection repealed by section 7 of Act 8 of 2006] (3) [subsection repealed by section 7 of Act 8 of 2006] [section substituted by section 3 of Act 6 of 2002 and amended by section 4 of Act 10 of 2002, section 6 of Act 1 of 2004 and section 7 of Act 8 of 2006]
(1) Where the ownership of any land has vested in an acquiring authority in terms of subsection (1) of section eight, the acquiring authority shall, as soon as practicable thereafter, notify the Registrar of Deeds in writing of that fact and lodge with him— (a) a copy of the order made in terms of that subsection and [paragraph substituted by section 4 of Act 6 of 2002 and amended by section 6 of Act 1 of 2004] (b) if the ownership of part only of a piece of land has vested in the acquiring authority , a diagram signed by a land surveyor showing the extent of the land acquired. (2) Where a servitude has vested in an acquiring authority in terms of subsection (1) of section eight, the acquiring authority shall notify the Registrar of Deeds of that fact and the Registrar of Deeds shall make such entries in his registers and endorsements on deeds registered in the Deeds Registry as he considers necessary, and for that purpose may require the acquiring authority to lodge with him a diagram of the land affected by the servitude showing the nature and extent of the servitude. (3) On receiving notification in terms of subsection (1) the Registrar of Deeds shall, subject to subsection (5) of section seven— (a) if the whole of a piece of land has vested in the acquiring authority , record the acquisition by making the appropriate entries in his registers and an endorsement on the registry duplicate of the title deed of the piece of land concerned and, if at any time the owner’s copy of such deed is lodged in the Deeds Registry for any purpose, he shall cause a similar endorsement to be made thereon; (b) if part only of a piece of land has vested in the acquiring authority and paragraph (b) of subsection (1) has been complied with— (i) issue and register a title deed in respect of that part in a form approved by the Chief Registrar of Deeds and annex thereto the diagram referred to in paragraph (b) of subsection (1); and (ii) endorse the fact of the acquisition on the registry duplicate of the title deed of the piece of land concerned and, if at any time the owner’s copy of such deed is lodged in the Deeds Registry for any purpose, he shall cause a similar endorsement to be made thereon; (c) if part only of a piece of land has vested in the acquiring authority , not register any transfer or real right in respect of the remainder of such piece of land until the title deed referred to in subparagraph (i) of paragraph (b) has been registered. (4) No duty, fee or other charge of office shall be payable in respect of any entry or endorsement or any cancellation of any entry or endorsement made or title deed issued in terms of this section.
(1) Subject to this section, not later than six months after making an order in terms of subsection (1) of section eight the acquiring authority may revoke the order, and thereupon— (a) ownership of the land concerned shall vest again in the person in whom it vested immediately before the order was made; and (b) any rights, interests or encumbrances affected by the order shall continue to apply in all respects as if the order had not been made. (2) A revocation of an order in terms of subsection (1) shall be done by notice in the Gazette, which notice shall— (a) describe the land concerned; and (b) specify the names of the owner of the land concerned and the holder of any registered real right therein: Provided that, unless the whereabouts of the owner or holder are unknown to the acquiring authority after diligent inquiry at the Deeds Registry and, if necessary, in the appropriate companies register, the acquiring authority shall cause a written notice of the revocation to be served on the owner and on the holder as soon as possible after the publication of the notice in the Gazette. (3) As soon as practicable after revoking an order in terms of subsection (1), the acquiring authority shall notify the Registrar of Deeds of the revocation, and subsections (3) and (4) of section ten shall apply, mutatis mutandis, in relation to the revocation. (4) The revocation of an order made in terms of subsection (1) of section eight shall not prevent the acquiring authority from subsequently acquiring the land concerned in accordance with this Act. [section inserted by section 8 of Act 15 of 2000]
(1) Subject to this section, whenever an acquiring authority is empowered to acquire land subject to this Act and it is considered desirable that any land be acquired, any duly authorized representative or employee of the acquiring authority may, whether the acquiring authority has acted in terms of section five or not, enter upon the land at all reasonable times with such men, vehicles and equipment and do such acts thereon as are necessary to ascertain— (a) the suitability of the land for the purposes of the acquiring authority ; and (b) the value and extent of the land . (2) Before any powers conferred by subsection (1) are exercised, not less than fourteen days’ notice in writing shall be given to the occupier, if any, of the land in question unless such notice is waived by the occupier. (3) The acquiring authority shall not have the right to enter any dwelling-house without the permission of the occupant. (4) As little damage and inconvenience as possible shall be caused by the exercise of any of the powers conferred by subsection (1).