Section 6: Investigation of land
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Investigation of land
(1) Subject to section 9, where land is likely to be acquired compulsorily
and the Minister is satisfied that—
(a) an investigation of the land is necessary to determine its suitability for the purpose for which it would be acquired;
(b) it is not possible to obtain access to the land by private agreement; and
(c) the conditions of section 8 (1) (a) and (b) of the Constitution are
fulfilled,
he shall give notice to that effect in 2 issues of the Gazette and in 2 issues
of 2 daily newspapers, there being in each case an interval of at least 7 days
between the first and second publications.
L3 – 3 [Issue 1]
Land Acquisition Act
(2) A notice published under subsection (1) shall—
(a) state the approximate extent of the land;
(b) describe the boundaries of the land;
(c) state the purpose for which the land is likely to be acquired; and
(d) in the case of an acquisition on behalf of a person under section 5, state the name, address and occupation of the person for
whom the land may be acquired.
(3) On or about the day of the first publication of the notice specified in
subsection (1), a copy of the notice shall be served by the authorised officer
on the owner of the land likely to be acquired and on the owner of any other
land that may be entered by the authorised officer for the purposes of this
section.
(4) Subject to subsection (6), the authorised officer or any person delegated by him may, 14 days after the date of the last publication of a notice
under subsection (1), in relation to any land specified in the notice—
(a) enter, survey and take or mark levels;
(b) dig, bore into or take samples of the subsoil;
(c) set out boundaries and the intended line of any work proposed
to be done;
(d) place marks and cut trenches;
(e) if necessary, cut down and clear away any standing crop, fence,
tree or bush; and
(f) with the concurrence of the Central Water Authority, set up and
maintain gauges in any stream or watercourse.
(5) For the purpose of exercising any power vested in him under subsection (4), the authorised officer may do any act specified in subsection (4) (a)
or (e) in relation to any other land.
(6) The authorised officer shall not enter on any land for the purposes of
this section except—
(a) at reasonable hours; and
(b) after having previously given the owner and the occupier at least
48 hours’ written notice.
Ask juris about this section Official source
Questions this section answers
- Does the Minister have to publish a notice before investigating land that might be acquired?
- How much written notice must I be given before an officer enters my land to investigate it?
- How many days after the Gazette notice can an authorised officer start surveying and digging on my land?