| (1) |
Notwithstanding anything to the contrary contained in any law, an undertaker may, with the approval of the Minister and subject to such conditions as the Minister may impose, by expropriation acquire such land or any such right in, over or in respect of land as such undertaker may require for the exercise of his powers. |
| (2) |
The Minister shall grant such approval only if he is satisfied, after considering a report by the regulator— |
| (a) |
that such undertaker is unable to acquire any such land or right on reasonable terms, other than terms relating to compensation, by agreement with the owner; and |
| (b) |
that such land or right is reasonably required by such undertaker for the exercise of the powers referred to in subsection (1): |
Provided that neither the Minister nor the regulator may make a finding regarding compensation payable to the owner: Provided further that where such an undertaker and the owner cannot reach agreement as to the compensation, such compensation shall be determined in accordance with the provisions of the Expropriation Act, 1975, referred to in subsection (4).
| (a) |
Before furnishing its report under subsection (2), the regulator shall at a public hearing determine whether such an undertaker is unable to acquire such land or right on reasonable terms, other than terms relating to compensation, by agreement with the owner and whether the land or right in question is so required by such undertaker. |
| (b) |
The regulator shall give at least 14 days' notice of the hearing to such undertaker and to the owner concerned, who shall be entitled at such a hearing to raise his objections against the expropriation |
| (c) |
The regulator shall notify the said owner and undertaker of its findings. |
| (4) |
Upon the approval of the Minister to such acquisition being granted, the provisions of sections 7 to 23 inclusive of the Expropriation Act, 1975 (Act No. 63 of 1975), shall mutatis mutandis apply in connection with such acquisition, and in such application any reference in those sections— |
| (a) |
to the "Minister" and the "State" shall be construed as a reference to the undertaker in question; |
| (b) |
to "section 2" shall be construed as a reference to this section. |
| (5) |
If the owner of any land agrees to such land or any right in, over or in respect of such land being acquired by such undertaker for the exercise of any power referred to in subsection (1), but is not prepared to accept the compensation offered for it, the parties may agree to the land or right being acquired by the undertaker subject to the determination of the compensation payable in accordance with the provisions of sections 12, 14 and 15 of the Expropriation Act, 1975, depending on which provisions would have been applicable if the land or right had been expropriated in terms of the provisions of the said Act: Provided that in any such case the date of notice, as defined in section 1 of the said Act, shall be deemed to be the date on which that agreement was concluded: Provided further that if an application for such determination of the compensation is not made within six months, or such longer period as the parties may agree to, after that date, to the appropriate court, the compensation offered by such undertaker shall be the compensation payable for the acquisition of such land or right. |
Older Persons Act, 2006
