3 Regional planning council
(1) Whenever the President considers it desirable he may, by proclamation in a
statutory instrument, establish a regional planning council for any region the area of
which shall be specified in the proclamation.

6 Regional plan
(2) The general object of the regional plan shall be to ensure the co-ordinated
development of the region and the plan shall—
(a) indicate the major land uses, including the important public utilities and any major amenity and recreational areas, areas for development, major transportation and communication patterns and measures for the conservation and improvement of the physical environment; and [...]
(3) The regional plan shall indicate the manner in which its proposals are justified by
its inventory and analysis in terms of subsection (1) and by any other information
which it has obtained.

13 Study of planning area
(1) A local planning authority shall—
(a) before preparing any master plan or local plan, undertake a study of the planning area and, to the extent it considers necessary, of any neighbouring area, examining such matters as it considers may be likely to affect the development or redevelopment of the area or the planning of its development or redevelopment; and (b) before altering or replacing any master plan or local plan, undertake, if it thinks fit, a fresh study of the planning area or any part thereof or of a neighbouring area, examining the matters referred to in paragraph (a); and (c) keep under review all matters examined in terms of paragraph (a) or (b).

14 Master plan
(1) Subject to subsection (6), a local planning authority may at any time and shall, if
so directed by the Minister and within such period as he may direct or any extension
thereof granted by him, whether before or after the expiration of such period, prepare
and submit to the Minister a master plan in respect of the area for which it is the local
planning authority or for such part of that area as the Minister may specify:
Provided that, in the case of a scheduled local planning authority, the references in
this subsection to the Minister shall be read and construed as references to the
Minister of Environment and Tourism.
(2) A master plan prepared in terms of subsection (1) shall—
(a) formulate the policies of that authority and its general proposals for the planning area in respect of the co-ordinated and harmonious development or redevelopment and other uses of land, including measures for— [...] (ii) the conservation and improvement of the physical environment,

....

Section 6(1)(a) (exact) The regional planning authority shall before preparing its regional plan prepare an inventory of its assets and resources of the region and to the extent it considers necessary of any contagious area.

7 Preparation, adoption and determination of regional plan
(1) In preparing the regional plan the regional planning council shall consult with
such persons as it may consider appropriate or as the Minister may direct.
(2) After consulting persons in terms of subsection (1) and before submitting the draft
regional plan to the Minister, the regional planning council shall—
(a) place on public exhibition for two months or for such other period as the Minister may direct, a copy of the draft regional plan with a statement indicating the time within which representations in connection with the draft regional plan may be made to the regional planning council; and
(b) give public notice of the place or places at which, and the period for which, the draft regional plan will be exhibited in terms of paragraph (a) and the time within which representations in connection with the draft regional plan may be made to the regional planning council; and
(c) advise the persons consulted in terms of subsection (1) of the matters referred to in paragraph (b) and of its intention to adopt, subject to subsection (3), the draft regional plan as exhibited.
(3) At the expiration of the period referred to in paragraph (b) of subsection (2) for the making of representations the regional planning council shall—
(a) reconsider the draft regional plan in the light of any representations received in terms of subsection (2); and
(b) thereafter adopt the draft regional plan with any modifications it considers desirable and submit such draft to the Minister, together with copies of all such representations received and a report— (i) examining the inventory and analysis in terms of subsection (1) of section six; and (ii) summarizing any such representations received and t

15 Publicity in connection with master plan
(1) In formulating, and before finally determining the contents of, the master plan, the
local planning authority shall take such steps as will, in its opinion, ensure that there
is adequate consultation in connection with the matters proposed to be included in the
master plan.
(2) After adopting the master plan but before submitting it in terms of subsection (1)
of section sixteen, the local planning authority shall—
(a) place on public exhibition for two months a copy of the draft master plan with a statement indicating the time within which objections to, or representations in connection with, the draft master plan may be made to the Minister, with copies thereof being sent to the local planning authority; and
(b) give public notice of the place or places at which, and the period for which, the draft master plan will be exhibited in terms of paragraph (a) and the time within which objections to, or representations in connection with, the draft master plan may be made in terms of paragraph (a).
(3) Subsections (1) and (2) shall not apply to a scheduled local planning authority.
16 Submission and determination of master plan
(1) At the expiry of the period referred to in paragraph (b) of subsection (2) of section
fifteen for the making of objections or representations, the local planning authority shall submit to the Minister— [...[ (c) a report on the objections and representations received in terms of section fifteen indicating therein the views of the local planning authority on such objections and representations.

6 Regional plan
(2) The general object of the regional plan shall be to ensure the co-ordinated
development of the region and the plan shall—
(a) indicate the major land uses, including the important public utilities and any major amenity and recreational areas, areas for development, major transportation and communication patterns and measures for the conservation and improvement of the physical environment; and [...]
14 Master plan
(1) Subject to subsection (6), a local planning authority may at any time and shall, if
so directed by the Minister and within such period as he may direct or any extension
thereof granted by him, whether before or after the expiration of such period, prepare
and submit to the Minister a master plan in respect of the area for which it is the local
planning authority or for such part of that area as the Minister may specify:
Provided that, in the case of a scheduled local planning authority, the references in
this subsection to the Minister shall be read and construed as references to the
Minister of Environment and Tourism.
(2) A master plan prepared in terms of subsection (1) shall—
(a) formulate the policies of that authority and its general proposals for the planning area in respect of the co-ordinated and harmonious development or redevelopment and other uses of land, including measures for— [...]
(d) indicate the parts of the planning area which are of high scenic value and should be protected.
(5) The master plan shall consist of a written statement with the proposals therein
being illustrated on a map showing such topographical details and property
boundaries as are appropriate to the scale of the map and being accompanied by such
other maps, diagrams, illustrations and descriptive matter as the local planning
authority considers appropriate.

LOCAL PLANNING AUTHORITIES
10 Local planning authorities
(1) Subject to this section, the following shall be local planning authorities—
(a) every municipal council or town council for the area under its jurisdiction;
(b) every rural district council or local board for the area under its jurisdiction:
Provided that—
(i) a rural district council or local board shall not be a local planning authority for the purposes of Part IV or VI unless the Minister, subject to paragraphs
(c) and (d), has, by statutory instrument, authorized the rural district council or local
board to be a local planning authority for such purposes;
(ii) where the Minister has issued a notice in terms of proviso (i), the rural
district council or local board shall exercise the powers of a local planning authority
to such extent and subject to such conditions as are specified in the notice;
(iii) where the area under the jurisdiction of a rural district council or local
board includes an area referred to in Part III of the Schedule the Minister shall, before
issuing a notice in terms of proviso (i), consult with the Minister of Environment and
Tourism;
(c) the Minister of Environment and Tourism—
(i) subject to paragraph (d), for the purposes of Parts IV and V, for any
area referred to in Part I of the First Schedule; and
(ii) for the purposes of preparing a local plan and making proposals for its
alteration, repeal or replacement and for no other purpose, for any area referred to in
Part II of the Schedule:
Provided that the Minister of Environment and Tourism may, by statutory
instrument, establish an authority, consisting of such persons as may be specified in
that notice, to be the local planning authority for such area or any part of such area as
is specified in that notice, and the authority so established shall be the local planning
authority for the area specified in that notice for the appropriate purposes specified in
subparagraph (i) or (ii), as the case may be, or for such of those purposes as may be
specified in that notice;
SCHEDULE (Sections 10 and 18)
PART I
AREAS FOR WHICH MINISTER OF ENVIRONMENT AND TOURISM IS
LOCAL PLANNING AUTHORITY FOR
PURPOSES OF PARTS III AND IV
Any area which does not fall within the area under the jurisdiction of a
local authority and which is parks and wild life land or forest land other than the
following—
(a) parks and wild life land—
(i) Bangala;
(ii) Manjirenji;
(iii) Mbaze Pan;
(iv) Manjinji Pan;
(v) Umzingwane Dam;
(b) forest land—
(i) Gwaai;
(ii) Fuller.
PART II
AREAS FOR WHICH MINISTER OF ENVIRONMENT AND TOURISM IS
LOCAL PLANNING AUTHORITY FOR
PURPOSES OF LOCAL PLANS
1. The following parks and wild life lands—
(a) Chimanimani;
(b) Chipinga “A”;
(c) Kyle;
(d) Mushandike;
(e) Ngezi;
( f ) Rhodes Nyanga;
(g) Robert McIlwaine;
(h) Sebakwe;
(i) That portion of Zambezi within the area under the jurisdiction of the
Kariba Local Board.
2. Any forest land or any parks and wild life land not referred to in
paragraph 1 which the Minister, after consultation with the Minister of Environment
and Tourism, specifies by notice in the Gazette for the purposes of this Part.
PART III
AREAS FOR WHICH MINISTER SHALL APPOINT ADDITIONAL MEMBERS
TO LOCAL PLANNING AUTHORITY
1. All forest lands and parks and wild life lands not specified in Part I.
2. The Eland Sanctuary in the Chimanimani District.

6 Regional plans
(1) The regional planning council shall—
(a) before preparing its regional plan, prepare an inventory of the assets and resources of the region and, to the extent it considers necessary, of any contiguous area; and
(b) thereafter, if it thinks fit or if the Minister so directs, institute a further inventory of the region or any part thereof; and in such inventory the matters which may be expected to affect the development of the region or the planning of its development shall be examined and an analysis made and the regional planning council shall thereafter keep all such matters under review.
(2) The general object of the regional plan shall be to ensure the co-ordinated development of the region and the plan shall—
(a) indicate the major land uses, including the important public utilities and any major amenity and recreational areas, areas for development, major transportation and communication patterns and measures for the conservation and improvement of the physical environment; and
(b) state the relationship of the proposals in the regional plan to the major proposals for the use of land in neighbouring areas which may be expected to affect the region; and
(c) indicate the manner in which any costs involved in implementing the regional plan should be met.
(3) The regional plan shall indicate the manner in which its proposals are justified by its inventory and analysis in terms of subsection (1) and by any other information which it has obtained.
(4) In preparing the regional plan the regional planning council shall have regard to—
(a) the requirements of subsection (3); and
(b) the phasing of any development, the order of priorities in respect of the proposals and the reasons therefor; and
(c) the resources likely to be available.

14 Master plans
(3) In preparing the master plan, the local planning authority shall—
(a) consult with neighbouring local planning authorities and local authorities and any other statutory or other body whose activities or plans may affect the master plan, with the object of ensuring co-ordination of policies; and
(b) have regard to—
(i) the information obtained in the study in terms of section thirteen and any other information obtained by that authority; and
(ii) the provisions of any regional plan, whether in operation or in the course of preparation, which may affect the planning area or, in the absence of such plan, the relationship between the planning area and the surrounding area; and
(iii) the current economic and social circumstances prevailing in the area and the surrounding areas; and
(iv) the phasing of any development in terms of the master plan, the order of priorities in respect of the proposals and the reasons therefor; and
(v) the resources likely to be available.

Section 2 -Interpretation
“agricultural purposes” includes forestry, fruit-growing and animal husbandry, including the keeping of poultry, bees or fish;

PART II
ACQUISITION OF LAND
Section - 3 Acquisition of land by President
(1) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may compulsorily acquire—
[substituted by Act 14/2001 with effect from 12th June 2001.]
(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).
(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.
[substituted by Act 14/2001 with effect from 12th June 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]

Section 9 - Recommendation as to declaration of demarcated forest
The Commission shall not recommend to the President that he exercise his power to
declare any land demarcated forest where the recommendation relates to land which
is—
(a) parks and wild life land, unless the Parks and Wild Life Board
established in terms of the Parks and Wild Life Act [Chapter 20:14] has been
consulted;
(b) Communal Land, unless the Minister responsible for the
administration of the Communal Land Act [Chapter 20:04], and any rural district
council established for the area concerned have been consulted;
(c) within the area under the jurisdiction of a local authority, unless the local authority has been consulted.

Section 35 - Demarcated forest
(1) Each of the areas described in Parts I and II of the Third Schedule is hereby
declared to be a demarcated forest which shall be known by the name specified in the
Third Schedule.
(2) Subject to this Act, the President may, on the recommendation of the
Commission, by notice in a statutory instrument, amend the Third Schedule for the
purpose of—
(a) declaring a new demarcated forest and specifying the name thereof;
(b) changing the name of any demarcated forest;
(c) adding any area to a demarcated forest;
(d) subtracting any area from a demarcated forest;
(e) abolishing any demarcated forest.
(3) No land shall be declared to be demarcated forest unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 4 - Functions of Parks and Wild Life Management Authority
(1) Subject to this Act, the functions of the Authority shall be—
[...] (c) to determine whether the President should exercise any of his powers
in terms of subsection (2) of section twenty-two, subsection (2) of section twenty-six,
subsection (2) of section thirty-one, subsection (2) of section thirty-six or subsection
(2) of section forty-one;
[...]

Section 22 - National parks
[…] (2) Subject to this Act the President may, on the recommendation of the Authority,
by notice in a statutory instrument, amend the First Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new national park and specifying the name thereof;
(b) changing the name of any national park;
(c) adding any area to a national park;
(d) subtracting any area from a national park;
(e) abolishing any national park.

Section 26 - Botanical reserves and botanical gardens
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by
notice in a statutory instrument, amend the Second Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new botanical reserve or a new botanical garden and
specifying the name thereof;
(b) changing the name of any botanical reserve or botanical garden;
(c) adding any area to a botanical reserve or botanical garden;
(d) subtracting any area from a botanical reserve or botanical garden;
(e) abolishing any botanical reserve or botanical garden.

Section 31 - Sanctuaries and designated animals
[...] (2) Subject to this Act the President may, on the recommendation of the Authority,
by notice in a statutory instrument, amend the Third Schedule for the purpose of—
[amended by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new sanctuary and specifying the name thereof;
(b) changing the name of any sanctuary;
(c) adding any area to a sanctuary;
(d) subtracting any area from a sanctuary;
(e) abolishing any sanctuary;
( f ) specifying any animals as being designated animals in relation to a
particular sanctuary or removing any animal from the list of animals specially
protected in a particular sanctuary.

Section 36 - Safari Areas
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by
notice in a statutory instrument, amend the Fourth Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new safari area and specifying the name thereof;
(b) changing the name of any safari area;
(c) adding any area to a safari area;
(d) subtracting any area from a safari area;
(e) abolishing any safari area.

Section 41 - Recreational Parks
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by
notice in a statutory instrument, amend the Fifth Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting any new recreational park and specifying the name
thereof;
(b) changing the name of any recreational park;
(c) adding any area to a recreational park;
(d) subtracting any area from a recreational park;
(e) abolishing any recreational park.

Section 42 - Designation of land within recreational park which may be alienated or leased
(1) Subject to subsections (2) and (3), the Minister, on the recommendation of the Authority may, by notice in a statutory instrument, designate within a recreational park any area or areas of land which may be alienated or leased for the erection of hotels, restaurants, rest camps, caravan parks, camping grounds, shops, service stations and other buildings and facilities for the accommodation, recreation, enjoyment or convenience of visitors or for such other purpose as he deems fit and may in like manner revoke such designation. [insertion by Act 19 of 2001 with effect from the 1st June, 2002.]

Section - 6 Additions to and subtractions from Communal Land
(1) Subject to this Act, the Forest Act [Chapter 19:05] and the Parks and Wild Life Act [Chapter 20:14], the President may, by statutory instrument—
(a) declare that any State Land shall form part of Communal Land;
(b) after consultation with any rural district council established for the area concerned, declare that any land within Communal Land shall cease to form part of Communal land.

Sectioon 8 - Occupation and use of Communal Land for agricultural or residential purposes
(1) Subject to this Act and the Regional, Town and Country Planning Act [Chapter 29:12] and any order issued in terms thereof, a person may occupy and use Communal Land for agricultural or residential purposes with the consent of the rural district council established for the area concerned.
(2) Subject to subsection (3) and the Regional, Town and Country Planning Act [Chapter 29:12] and any order issued in terms thereof, when granting consent in terms of subsection (1), a rural district council shall—
(a) where appropriate, have regard to customary law relating to the allocation, occupation and use of land in the area concerned; and
(a1) consult and co-operate with the chief appointed to preside over the community concerned in terms of the Traditional Leaders Act [Chapter 29:17]; and [inserted by Act 25 of 1998 with effect from 1st January, 2000 ]
(b) grant consent only to persons who, according to the customary law of the community that has traditionally and continuously occupied and used land in the area concerned, are regarded as forming part of such community or who, according to such customary law, may be permitted to occupy and use such land: Provided that, if no community has traditionally and continuously occupied and used land in the area concerned, the district council shall grant consent only to such class of persons as the Minister, by notice in writing to the district council, may specify.

PART III
PROCEDURE FOR COMPULSORY ACQUISITION OF LAND
Section - 5 Preliminary notice of compulsory acquisition
(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 agricultural land required for resettlement purposes;
[amended by Act 15 of 2000 with effect from 7th November, 2000.]
and
(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). [...]

Section 9 - Recommendation as to declaration of demarcated forest
The Commission shall not recommend to the President that he exercise his power to declare any land demarcated forest where the recommendation relates to land which is—
(a) parks and wild life land, unless the Parks and Wild Life Board established in terms of the Parks and Wild Life Act [Chapter 20:14] has been consulted;
(b) Communal Land, unless the Minister responsible for the administration of the Communal Land Act [Chapter 20:04], and any rural district council established for the area concerned have been consulted;
(c) within the area under the jurisdiction of a local authority, unless the local authority has been consulted.

Section - 35 Demarcated forest
(1) Each of the areas described in Parts I and II of the Third Schedule is hereby
declared to be a demarcated forest which shall be known by the name specified in the
Third Schedule.
(2) Subject to this Act, the President may, on the recommendation of the
Commission, by notice in a statutory instrument, amend the Third Schedule for the
purpose of—
(a) declaring a new demarcated forest and specifying the name thereof;
(b) changing the name of any demarcated forest;
(c) adding any area to a demarcated forest;
(d) subtracting any area from a demarcated forest;
(e) abolishing any demarcated forest.
(3) No land shall be declared to be demarcated forest unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.
(4) Any notice made in terms of paragraph (a), (b) or (c) of subsection (2) shall be
laid before Parliament as soon as may be after it has been published and if a
resolution is passed within the next twenty-eight days on which Parliament has sat
next after the notice is laid before it requesting the President to rescind or vary the
notice, it shall forthwith be rescinded or varied, as the case may be, by further
statutory instrument but without prejudice to the validity of anything previously done
thereunder.
(5) No notice may be made in terms of paragraph (d) or (e) of subsection (2) unless
the proposal to make such notice has been approved by Parliament.

Section 37 - Owner of private land may apply for protection of forest
(1) The owner of any private land who has placed or intends to place such land or any portion of such land under a system of forest management approved by the Commission may make application to the Minister for a declaration that such land or such portion of such land shall be protected under this Act.
(2) Upon receipt of an application in terms of subsection (1), the Minister shall require the Commission—
(a) to submit a report on the area to which the application relates and to cause a sketch plan to be produced together with a written description, approved by the Surveyor-General, of the boundaries of such area;
(b) to cause a certified copy of such report, together with a copy of the plan attached thereto, to be deposited in the office of the local authority for the area and of the mining commissioner in whose district the area is situate. Such report and plan shall be available at such office during office hours for inspection by members of the public, free of charge;
(c) to cause—
(i) in the case of an indigenous forest, three months’ notice; or
(ii) in the case of a plantation, whether already established at the date of the application or to be established thereafter, one month’s notice;
of the intention to declare such area to be protected under this Act to be published on three consecutive occasions in the Gazette and in a newspaper circulating in the district in which the area is situate and to call upon any person who has any objection to the proposed declaration to lodge his objection in writing with the Minister within three months or one month, as the case may be, of the last
publication of the notice in terms of this paragraph.
(3) The Minister after consideration of the application and objections, if any, may, if he is satisfied that the public interest will not be prejudiced thereby, by statutory instrument, declare that the area of private land described in such notice shall be protected under this Act.
(4) The Minister may at any time revoke any declaration issued in terms of this section if he is satisfied that the private land to which it relates is no longer under a system of forest management approved by the Commission or if the owner so requests.

Section 40 - Expropriation of land for forest and certain other purposes
Whenever, in the opinion of the President, any area of land is required for the
production of forest produce, either by the conservation and management of forest
produce existing on such land or by means of plantations, the President may
expropriate such land on payment to the owner of the land of such sum as may be
mutually agreed upon or, failing agreement, as may be fixed by arbitration:
Provided that the power of expropriation conferred by this section may only be
exercised if the expropriation is recommended by the Environment Board established
in terms of section19 of the Environmental Management Act [Chapter 20:26]
[Amended by Section 142 of Act 13 of 2002 with effect from the 17th March 2003.]

Section 66 - Power of Commission to make by-laws
(1) Subject to subsection (3), the Commission may make by-laws providing for any matter which, in the opinion of the Commission, is necessary or expedient for the proper control and good management of any demarcated forest.
(2) By-laws in terms of subsection (1) may provide for the control or prohibition of—
(a) the use of land in a demarcated forest for residence, cultivation, grazing, camping or picnicking;
(b) the entry of persons into a demarcated forest, subject to the rights of the public to travel on public roads;
(c) the use by persons of facilities provided in demarcated forests, including the prohibition of the use of facilities otherwise than on the basis, terms and conditions on which they are provided.
(2a) By-laws made in terms of subsection (1) may provide penalties for contraventions thereof, but no such penalty shall exceed a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 20th May, 2002.]
(3) By-laws made in terms of subsection (1) shall not have effect until they have been approved by the Minister and published in a statutory instrument.
(4) The Forest (Demarcated Forests) (Land Use) Regulations, 1970, published in Rhodesia Government Notice No. 382 of 1970, shall be deemed to be by-laws made by the Commission in terms of this section.

Section 4 - Functions of Parks and Wild Life Management Authority
[...]
(3) The Authority shall not recommend to the President that he exercise his powers to constitute any land a park area or a part thereof where the recommendation relates to land which is—
(a) forest land, unless the Minister responsible for the administration of the Forest Act [Chapter 19:05] has been consulted;
(b) Communal Land, unless the Minister responsible for the administration of the Communal Land Act [Chapter 20:04] has been consulted;
(c) within the area under the jurisdiction of a local authority, unless the local authority has been consulted.

Secrion 22 - National Parks
[...] (3) No land shall be constituted as a national park or part of a national park in terms
of subsection (2) unless it is—
(a) State land; or
(b) trust land and K43:K50the trustees thereof have consented thereto.
(4) Any notice made in terms of paragraph (a), (b) or (c) of subsection (2) shall be laid before Parliament as soon as may be after it has been published in a statutory instrument and, if a resolution is passed within the next twenty-eight days on which Parliament has sat next after the notice is laid before it requesting the President to rescind or vary the notice, it shall forthwith be rescinded or varied, as the case may be, by further notice in a statutory instrument but without prejudice to the validity of
anything previously done thereunder.
(5) No notice may be made in terms of paragraph (d) or (e) of subsection (2) unless the proposal to make such notice has been approved by Parliament.

Section 26 - Bothanic reserves
[...] (3) No land shall be constituted as a botanical reserve or botanical garden or as part
of a botanical reserve or botanical garden in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.
(4) Any notice made in terms of subsection (2) shall be laid before Parliament as soon as may be after it has been published in a statutory instrument and, if a resolution is passed within the next twenty-eight days on which Parliament has sat next after the notice is laid before it requesting the President to rescind or vary the notice, it shall forthwith be rescinded or varied, as the case may be, by further notice in a statutory instrument, but without prejudice to the validity of anything previously
done thereunder.

Section 31 - Sanctuaries
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Third Schedule for the purpose of—
[amended by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new sanctuary and specifying the name thereof;
(b) changing the name of any sanctuary;
(c) adding any area to a sanctuary;
(d) subtracting any area from a sanctuary;
(e) abolishing any sanctuary;
( f ) specifying any animals as being designated animals in relation to a particular sanctuary or removing any animal from the list of animals specially protected in a particular sanctuary.
(3) No land shall be constituted as a sanctuary or as part of a sanctuary in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 36 - Safari areas
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Fourth Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting a new safari area and specifying the name thereof;
(b) changing the name of any safari area;
(c) adding any area to a safari area;
(d) subtracting any area from a safari area;
(e) abolishing any safari area.
(3) No land shall be constituted as a safari area or as part of a safari area in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

Section 41 - Recreational Parks
[...] (2) Subject to this Act the President may, on the recommendation of the Authority, by notice in a statutory instrument, amend the Fifth Schedule for the purpose of—
[insertion by Act 19 of 2001 with effect from the 1st June, 2002.]
(a) constituting any new recreational park and specifying the name thereof;
(b) changing the name of any recreational park;
(c) adding any area to a recreational park;
(d) subtracting any area from a recreational park;
(e) abolishing any recreational park.
(3) No land shall be constituted as a recreational park or as part of a recreational park
in terms of subsection (2) unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.
(4) Any notice made in terms of subsection (2) shall be laid before Parliament as soon as may be after it has been published in a statutory instrument and, if a resolution is passed within the next twenty-eight days on which Parliament has sat next after the notice is laid before it requesting the Minister to rescind or vary the notice, it shall forthwith be rescinded or varied, as the case may be, by further notice in a statutory instrument, but without prejudice to the validity of anything previously done
thereunder.

Section 9 - Permits to occupy and use Communal Land
(1) A rural district council may, with the approval of the Minister, issue a permit authorizing any person or class of persons to occupy and use, subject to the Regional, Town and Country Planning Act [Chapter 29:12] and any order issued in terms thereof, any portion of Communal Land within the area of such rural district council, where such occupation or use is for any of the following purposes—
(a) administrative purposes of the State or a local or like authority;
(b) religious or educational purposes in the interests of inhabitants of the area concerned;
(c) hospitals, clinics or other such establishments for the benefit of inhabitants of the area concerned;
(d) hotels, shops or other business premises;
(e) any other purpose whatsoever which, in the opinion of the rural district council, is in the interests of inhabitants of the area concerned;

Section 37 - Owner of private land may apply for protection of forest
[...]
(3) The Minister after consideration of the application and objections, if any, may, if
he is satisfied that the public interest will not be prejudiced thereby, by statutory
instrument, declare that the area of private land described in such notice shall be
protected under this Act.

Section 72(2) [Extract] :Where agricultural land, or any right or interest in such land, is required
for a public purpose, including—
(b) land reorganisation, forestry, environmental conservation or the utilisation
of wild life or other natural resources; the land, right or interest may be compulsorily acquired by the State by notice published in the Gazette identifying the land, right or interest, whereupon the land, right or interest vests in the State with full title with effect from the date of publication of the notice

Section 35 - Demarcated forest
[…]
(3) No land shall be declared to be demarcated forest unless it is—
[…]
(b) trust land and the trustees thereof have consented thereto.

Section 37 - Owner of private land may apply for protection of forest
(3) The Minister after consideration of the application and objections, if any, may, if
he is satisfied that the public interest will not be prejudiced thereby, by statutory
instrument, declare that the area of private land described in such notice shall be
protected under this Act.

Section 22 - National Parks
[...] (3) No land shall be constituted as a national park or part of a national park in terms
of subsection (2) unless it is— […]
(b) trust land and the trustees thereof have consented thereto.

Section 26 - Bothanic reserves
[...] (3) No land shall be constituted as a botanical reserve or botanical garden or as part
of a botanical reserve or botanical garden in terms of subsection (2) unless it is— [...]
(b) trust land and the trustees thereof have consented thereto.

Section 31 - Sanctuaries
[...]
(3) No land shall be constituted as a sanctuary or as part of a sanctuary in terms of subsection (2) unless it is— [...]
(b) trust land and the trustees thereof have consented thereto.

Section 36 - Safari areas
[...](3) No land shall be constituted as a safari area or as part of a safari area in terms of subsection (2) unless it is—
[...]
(b) trust land and the trustees thereof have consented thereto.

Section 41 - Recreational Parks
[...] (3) No land shall be constituted as a recreational park or as part of a recreational park
in terms of subsection (2) unless it is—
[...]
(b) trust land and the trustees thereof have consented thereto.

Section 72(2) [Extract] :Where agricultural land, or any right or interest in such land, is required for a public purpose, including—
(b) land reorganisation, forestry, environmental conservation or the utilisation of wild life or other natural resources;
the land, right or interest may be compulsorily acquired by the State by notice published in the Gazette identifying the land, right or interest, whereupon the land, right or interest vests in the State with full title with effect from the date of publication of the notice

PART II
ACQUISITION OF LAND
Section - 3 Acquisition of land by President
(1) Subject to this Act, the President, or any Minister duly authorised by the President for that purpose, may compulsorily acquire—
[substituted by Act 14/2001 with effect from 12th June 2001.]
(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).
(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.
[substituted by Act 14/2001 with effect from 12th June 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]

Section 23(5): On receipt of an application made in terms of subsection (1) the President may, if he is satisfied that it is in the public interest to do so, authorize the Board to do all or
any of the following—
(a) acquire the national monument or relic;
(b) acquire any land in connection with a national monument which it is necessary or desirable to acquire;
(c) acquire any right over land in the vicinity of a national monument which it is necessary or desirable to acquire in connection therewith.

39 Protection of forest or trees from cutting
(1) Whenever, in respect of any land not being a State forest, the President deems it expedient in the public interest that any tree or the whole or any part of a forest or plantation shall be protected, the President may, by proclamation, declare such tree or such forest, part of a forest or plantation to be protected.

40 - Expropriation of land for forest and certain other purposes
Whenever, in the opinion of the President, any area of land is required for the production of forest produce, either by the conservation and management of forest produce existing on such land or by means of plantations, the President may expropriate such land on payment to the owner of the land of such sum as may be mutually agreed upon or, failing agreement, as may be fixed by arbitration:
Provided that the power of expropriation conferred by this section may only be exercised if the expropriation is recommended by the Environment Board established in terms of section19 of the Environmental Management Act [Chapter 20:26]
[Amended by Section 142 of Act 13 of 2002 with effect from the 17th March 2003.]

117 Compulsory acquisition of land, etc., in national parks, etc.
(1) Where any person who is authorized in terms of any law to acquire compulsorily any land, interest in land or materials from any land intends to exercise such rights in respect of land within a national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park, he shall give the Minister not less than thirty days’ notice of the intention to exercise those rights and shall specify the date on which he proposes to exercise those rights.
[...] (4) Where the President considers that it is in the public interest to do so, he may
assent to the proposed exercise of any rights referred to in subsection (1) notwithstanding that the exercise will unduly interfere with the purposes for which the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park concerned was constituted and may fix such terms and conditions as he considers to be necessary or desirable.

118 Servitudes in respect of national parks, etc.
[...] (2) If the Minister is of the opinion that the servitude in respect of which his approval is sought—
(a) will not unduly interfere with the purposes for which the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park is constituted, he may approve of the grant of a servitude in, over, under or through any such place; or
(b) will unduly interfere with the purposes for which the national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park is constituted but that the servitude concerned will be in the public interest, he shall refer the matter to the President who may assent to the grant of the servitude.

Section 120 - Expropriation of land for national parks, etc.
(1) Whenever it appears to the President that any land or an interest in or right over land is required for the purpose of protecting, establishing or extending a national park, botanical reserve, botanical garden, sanctuary, safari area or recreational park, it shall be lawful for the Minister, on the authority of the President, to acquire such land, interest or right:
Provided that the powers conferred by this subsection shall not include the power to acquire, whether compulsorily or by agreement, any Communal Land or any interest in or right over Communal Land, otherwise than in accordance with the Communal Land Act [Chapter 20:04].
(2) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the exercise by the Minister of his rights in terms of subsection (1).

Section 72(3) [Extract] : Where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose referred to in subsection (2)—
(a) subject to section 295(1) and (2), no compensation is payable in respect of
its acquisition, except for improvements effected on it before its acquisition;

PART V
CLAIMS FOR AND ASSESSMENT AND PAYMENT OF COMPENSATION
Section 16 - Duty to pay compensation
Subject to this Part and Part VA, an acquiring authority shall pay fair compensation within a reasonable time—
(a) to the owner of any land which is not agricultural land required for resettlement purposes and to any other person who suffers loss or deprivation of rights as a result of any action taken by the acquiring authority in respect of the acquisition of that land in terms of this Act;
(b) to the owner of any agricultural land required for resettlement purposes and to any other person whose right or interest in the land has been acquired in terms of this Act.

Section 20 - Assessment of compensation for land other than designated rural land
(2) Compensation shall be assessed in terms of subsection (1) so as to endeavour to arrive at compensation that is fair and reasonable, having regard to—
(a) the right of the claimant to be compensated for his loss; and
(b) the general public interest in the acquisition of the land concerned;

Section 23(3)[Extract]: A notice referred to in subsection (2) shall—
(a) specify the monument or relic or describe the nature and extent of the land or right, as the case may be, which the Board intends to acquire; and
(b) call upon any person affected by the acquisition of the monument, relic, land or right to submit to the Board in writing—
(i) any representations he may wish to make to the President; and
(ii) a detailed claim for compensation for any loss or deprivation of rights or any expense or loss which he may reasonably incur or suffer directly as a result of the acquisition of the monument, relic, land or right, as the case may be;
Section 23(9): Compensation shall be payable by the Board to any person who reasonably incurs any expense directly as a result of submitting a claim for compensation referred to in subparagraph (ii) of paragraph (b) of subsection (3) or who suffers loss or deprivation
of rights by the acquisition of any thing in terms of subsection (7).
(10) Parts V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply,
mutatis mutandis, to the payment of compensation in terms of subsection (9):

39 Protection of forest or trees from cutting
[...]
(2) The owner of any forest, plantation or tree in respect of which the President has
exercised his power under subsection (1) shall be entitled to compensation for any
loss resulting therefrom in such sum as may be mutually agreed upon or, failing
agreement, as may be determined by arbitration.

Section 40 - Expropriation of land for forest and certain other purposes
Whenever, in the opinion of the President, any area of land is required for the production of forest produce, either by the conservation and management of forest produce existing on such land or by means of plantations, the President may expropriate such land on payment to the owner of the land of such sum as may be mutually agreed upon or, failing agreement, as may be fixed by arbitration:
Provided that the power of expropriation conferred by this section may only be exercised if the expropriation is recommended by the Environment Board established in terms of section19 of the Environmental Management Act [Chapter 20:26]
[Amended by Section 142 of Act 13 of 2002 with effect from the 17th March 2003.]

Section 12 - Compensation
(1) Where as a result of—
(a) a declaration in terms of section six; or
(b) the setting aside of any land in terms of section ten; or
(c) the grant of any servitude in terms of section eleven;
any person is dispossessed of or suffers any diminution of his right to occupy or use any land—
(i) he shall, so far as is reasonable and practicable, be given a right to occupy or use alternative land; or
(ii) if no alternative land is available and no agreement has been reached as to compensation, Parts V and VIII of the Land Acquisition Act [Chapter 20:10], shall apply, mutatis mutandis, in respect of such dispossession or diminution.
(2) Any compensation payable in terms of subsection (1) shall be paid from the Consolidated Revenue Fund, which is hereby appropriated to the purpose.

Section 2 -“environmental impact assessment” means an evaluation of a project to determine its impact on the environment and human health and to set out the required environmental monitoring and management procedures and plans;

97 Projects for which environmental impact assessment required
(1) The projects listed in the First Schedule are projects which must not be implemented unless in each case, subject to this Part
(a) the Director-General has issued a certificate in respect of the project in terms of section one hundred, following the submission of an environmental impact assessment report in terms of section ninety-nine; and
(b) the certificate remains valid; and
(c) any conditions imposed by the Director-General in regard to the issue of the certificate are complied with.

FIRST SCHEDULE (Section 2 and 97)
PROJECTS THAT REQUIRE ENVIRONMENTAL IMPACT ASSESSMENT
1. Dams and man-made lakes.
2. Drainage and irrigation— [...]
3. Forestry— [...]
(a) conversion of forest land to other use;
(b) conversion of natural woodland to other use within the catchment area of reservoirs used for water supply, irrigation or hydropower generation or in areas adjacent to the Parks and Wild Life Estate
4. Housing developments
5. Industry— [...]
6. Infrastructure— [...]
7. Mining and quarrying— [...]
8. Petroleum production, storage and distribution— [...]
9. Power generation and transmission— [...]
10. Tourist, resorts and recreational developments— [...]
(a) resort facilities and hotels;
(b) marinas;
(c) safari operations.
11. Waste treatment and disposal— [...]
12. Water supply— [...]
(a) groundwater development for industrial, agricultural or urban water supply;
(b) major canals;
(c) cross-drainage water transfers;
(d) major pipelines;
(e) water withdrawals from rivers or reservoirs.

Section 22 - Claims for compensation: land other than designated rural land
(1) Any person who wishes to claim compensation payable in terms of this Part in respect of the acquisition of land other than agricultural land required for resettlement purposes shall submit a written claim for compensation specifying in detail—
[amended by Act 15 of 2000 with effect from 7th November, 2000.]
(a) the nature of his loss or deprivation of rights; and
(b) the amount of compensation claimed by him and the basis on which he has calculated that amount and any actual expense or loss which has been or may reasonably be incurred or suffered directly as a result of the action taken by the acquiring authority.
(2) A claim for compensation in respect of the acquisition of land other than agricultural land required for resettlement purposes shall be submitted within sixty days, or such longer period as the acquiring authority may for good cause allow, from the date on which the preliminary notice is served on the claimant or, if the preliminary notice is not served on him, from the date of the publication of the preliminary notice in the Gazette.

Section 23 Compulsory acquisition of monuments and relics (1) Where the Board wishes to acquire— (a) a national monument or relic; or (b) any land in connection with a national monument; or (c) any right over any land in the vicinity of a national monument; and is unable to do so by agreement upon reasonable terms with the owner of the monument, relic or land affected, it may, subject to this section, apply to the President for authority to acquire that monument, relic, land or right, as the case may be. (2) Before making application in terms of subsection (1) the Board shall serve notice on any person who it appears to the Board may suffer loss or deprivation of rights by the acquisition of the monument, relic, land or right concerned: Provided that, if the whereabouts of any such person are unknown to the Board after diligent inquiry, the Board may— (a) in the case of an immovable, publish the notice concerned in the Gazette and in a newspaper circulating in the area in which the land is situated; or (b) in the case of a movable, serve the notice concerned on the person in whose possession the thing is found.

Section 35(3): No land shall be declared to be demarcated forest unless it is—
(a) State land; or
(b) trust land and the trustees thereof have consented thereto.

7 Preparation, adoption and determination of regional plan
(1) In preparing the regional plan the regional planning council shall consult with
such persons as it may consider appropriate or as the Minister may direct.
(2) After consulting persons in terms of subsection (1) and before submitting the draft
regional plan to the Minister, the regional planning council shall—
(a) place on public exhibition for two months or for such other period as the Minister may direct, a copy of the draft regional plan with a statement indicating the time within which representations in connection with the draft regional plan may be made to the regional planning council; and
(b) give public notice of the place or places at which, and the period for which, the draft regional plan will be exhibited in terms of paragraph (a) and the time within which representations in connection with the draft regional plan may be made to the regional planning council; and
(c) advise the persons consulted in terms of subsection (1) of the matters referred to in paragraph (b) and of its intention to adopt, subject to subsection (3), the draft regional plan as exhibited.
(3) At the expiration of the period referred to in paragraph (b) of subsection (2) for the making of representations the regional planning council shall—
(a) reconsider the draft regional plan in the light of any representations received in terms of subsection (2); and
(b) thereafter adopt the draft regional plan with any modifications it considers desirable and submit such draft to the Minister, together with copies of all such representations received and a report— (i) examining the inventory and analysis in terms of subsection (1) of section six; and (ii) summarizing any such representations received and t

15 Publicity in connection with master plan
(1) In formulating, and before finally determining the contents of, the master plan, the
local planning authority shall take such steps as will, in its opinion, ensure that there
is adequate consultation in connection with the matters proposed to be included in the
master plan.
(2) After adopting the master plan but before submitting it in terms of subsection (1)
of section sixteen, the local planning authority shall—
(a) place on public exhibition for two months a copy of the draft master plan with a statement indicating the time within which objections to, or representations in connection with, the draft master plan may be made to the Minister, with copies thereof being sent to the local planning authority; and
(b) give public notice of the place or places at which, and the period for which, the draft master plan will be exhibited in terms of paragraph (a) and the time within which objections to, or representations in connection with, the draft master plan may be made in terms of paragraph (a).
(3) Subsections (1) and (2) shall not apply to a scheduled local planning authority.
16 Submission and determination of master plan
(1) At the expiry of the period referred to in paragraph (b) of subsection (2) of section
fifteen for the making of objections or representations, the local planning authority shall submit to the Minister— [...[ (c) a report on the objections and representations received in terms of section fifteen indicating therein the views of the local planning authority on such objections and representations.

Section 4(3): The Authority shall not recommend to the President that he exercise his powers
to constitute any land a park area or a part thereof where the recommendation relates
to land which is—
(a) forest land, unless the Minister responsible for the administration of
the Forest Act [Chapter 19:05] has been consulted;
(b) Communal Land, unless the Minister responsible for the
administration of the Communal Land Act [Chapter 20:04] has been consulted;
(c) within the area under the jurisdiction of a local authority, unless the
local authority has been consulted. Section 22 - National Parks
[...] (3) No land shall be constituted as a national park or part of a national park in terms
of subsection (2) unless it is— […]
(b) trust land and the trustees thereof have consented thereto.

Section 26 - Bothanic reserves
[...] (3) No land shall be constituted as a botanical reserve or botanical garden or as part
of a botanical reserve or botanical garden in terms of subsection (2) unless it is— [...]
(b) trust land and the trustees thereof have consented thereto.

Section 31 - Sanctuaries
[...]
(3) No land shall be constituted as a sanctuary or as part of a sanctuary in terms of subsection (2) unless it is— [...]
(b) trust land and the trustees thereof have consented thereto.

Section 36 - Safari areas
[...](3) No land shall be constituted as a safari area or as part of a safari area in terms of subsection (2) unless it is—
[...]
(b) trust land and the trustees thereof have consented thereto.

Section 41 - Recreational Parks
[...] (3) No land shall be constituted as a recreational park or as part of a recreational park
in terms of subsection (2) unless it is—
[...]
(b) trust land and the trustees thereof have consented thereto.

Section 5 - Constitution of Commission and terms of office of commissioners
(1) The Commission shall consist of not less than three and not more than eight
commissioners appointed by the Minister after consultation and in accordance with
any directions the President may give him.

Section 8 - Duties of Commission
(1) Subject to this Act, the functions of the Commission shall be— [...]
(g) the determination of whether the President should exercise any of his
powers in terms of section thirty-five and to make a recommendation thereon to the
President;
(h) the investigation of any matter relating to the use or occupation of the
Forest Estate and the making of recommendations thereon to the President where it
considers such use or occupation is inconsistent with this Act;

Section 5 Establishment and composition of Parks and Wild Life Management Authority Board
(1) The operations of the Authority shall, subject to this Act, be controlled and
managed by a board to be known as the Parks and Wild Life Management Authority
Board.
(2) The Board shall consist of not fewer than six members and not more than twelve
members appointed by the Minister, after consultation with the President and subject
to such directions as the President may give, for their ability and experience in
matters relating to wild life conservation or for their suitability otherwise for
appointment.
(3) Of the members appointed in terms of subsection (2)—
(a) five shall be chosen for their experience or professional qualifications in the following fields or areas of competence —
(i) wild life conservation; and
(ii) environmental conservation; and
(iii) tourism; and
(iv) financial and business management; and
(v) human resources management; and
(b) one shall be a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07].

Section 72(3): Where agricultural land, or any right or interest in such land, is compulsorily
acquired for a purpose referred to in subsection (2)—
(b) no person may apply to court for the determination of any question relating
to compensation, except for compensation for improvements effected on the
land before its acquisition, and no court may entertain any such application;
and
(c) the acquisition may not be challenged on the ground that it was
discriminatory in contravention of section 56.

PART III

Procedure for Compulsory Acquisition of Land Section 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 $20,000; whichever is the greater amount; or

(b) imprisonment for a period not exceeding two years; or to both such fine and such imprisonment.

Section 23(11), (12): No person upon whom a notice in terms of subsection (2) has been served shall dispose of the monument, relic, land or right concerned unless—
(a) the Board consents in writing; or
(b) the Board has notified the person concerned in writing that—
(i) the President has declined to authorize the acquisition of; or
(ii) the Board no longer wishes to acquire; the monument, relic, land or right, as the case may be;
or
(c) a period of six months has elapsed since the notice was served.
(12) Any person who contravenes subsection (11) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.

Section 3(3): Occupation of Gazetted land without lawful authority
(1) Subject to this section, no person may hold, use or occupy Gazetted land without lawful authority.
(2) Every former owner or occupier of Gazetted land—
(a) 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;
(b) 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—
(i) 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;
(ii) the owner or occupier shall cease to occupy his or her living quarters after the period referred to in
proviso (i).
(3) If a former owner or occupier of Gazetted land who is not lawfully authorised to occupy, hold or use that
land does not cease to occupy, hold or use that land after the expiry of the appropriate period referred to in
subsection (2)(a) or (b), or, in the case of a former owner or occupier referred to in section 2(b), does not cease to
occupy his or her living quarters in contravention of proviso (ii) to section 2(b), he or she shall be guilty of an
offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or
to both such fine and such imprisonment.
(4) Any person, other than a person referred to in subsection (2), who contravenes subsection (1), shall be
guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two
years or to both such fine and such imprisonment.
(5) A court which has convicted a person of an offence in terms of subsection (3) or (4) shall issue an order
to evict the person convicted from the land to which the offence relates.