Archives: Library Snippets

  • 52 Exclusion and limitation of compensation

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    (1) No compensation shall be payable for any injurious affection of land arising from the operation of any provision of an operative master plan or local plan or an approved scheme which relates to any of the following—(a) requiring any space to be left about a building or fixing the position on the piece of…

  • 51 Compensation in respect of agreement under section 36

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    Where an agreement has been entered into in terms of section thirty-six providing that no action shall be taken in terms of section thirty-five—(a) for twenty-five years, no compensation shall be payable by the local planning authority; or(b) for a period of less than twenty-five years, the agreement may provide for a reduction in the…

  • 50 Liability and claims for compensation

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    (1) Subject to sections fifty-one and fifty-two and of any condition imposed in terms of subparagraph (iv) of paragraph (b) of subsection (8) of section twenty-six, compensation shall be payable by the local planning authority to any person— (a) whose property is injuriously affected by—(i) the coming into operation of any provision in an operative…

  • 49 Use and disposal of land acquired

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    (1) Subject to this section, an authority which has acquired land in terms of this Actor under the provisions of the repealed Act shall use that land— (a) for the purpose for which it was acquired; or(b) if the land was acquired in terms of section forty-seven or section 45 of the repealed Act, for…

  • 48 Acquisition of building subject to building preservation order.

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    (1) Where it appears to the local planning authority that reasonable steps are not being taken for the proper preservation of a building in respect of which a building preservation order has been served, it may, subject to the provisions of this section, acquire by agreement with the owner or by expropriation the building and…

  • 47 Owner may require acquisition of his land

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    (1) Where—(a) any land is reserved in an operative master plan or local plan or an approved scheme for a public open space, cemetery or car park or for housing or for any service provided by the State, a local authority or a statutory body; and(b) the owner of the land is refused a permit…

  • 46 Expropriation of land

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    (1) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] other transection 11, shall, subject to subsection (4) and of section forty-eight and of any condition imposed in terms of subparagraph (iv) of paragraph (b) of subsection (8) of section twenty-six, apply to the expropriation of land in terms of section forty-five.(2)…

  • 45 Powers of acquisition

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    (1) Subject to this Act, land within the area of a local planning authority may be acquired—(a) for the implementation of any proposal, including development, redevelopment or improvement, contained in an operative master plan or local plan or an approved scheme; or(b) in terms of section forty-seven or forty-eight.(2) An acquisition of land in terms…

  • 44 Appeals

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    (1) Any person who is aggrieved by—(a) any decision made or deemed to have been made by a local planning authority in connection with an application for a permit in terms of this Part may, within one month of the notification of such decision; or(b) the refusal of the Minister responsible for agriculture to recommend…

  • 43 Subdivision of State land

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    A proposed layout for the subdivision of State land or Communal Land for public, industrial, commercial, residential or similar purposes shall be referred to theDirector, who shall not approve the proposed layout until—(a) in the case of State land, the local authority concerned;(b) in the case of Communal Land, the Minister responsible for the administration…