CHAPTER 189
LANDS ACQUISITION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
COMPULSORY ACQUISITION

   3.   Power to acquire property

   4.   Preliminary investigation

   5.   Notice of intention to acquire property

   6.   Notice to yield up and power to take possession

   7.   Service of notices

   8.   Acquisition of portion of land

   9.   Acquisition of portion of house or other building

PART III
COMPENSATION

   10.   Compensation payable for property acquired

   11.   Disputes

   12.   Principles for assessment of compensation

   13.   Repealed

   14.   Effect of decision

PART IV
UNUTILISED AND UNDEVELOPED LAND AND ABSENTEE OWNERS

   15.   Land for which no compensation payable

   16.   Absentee owners

PART V
TRANSFER

   17.   Transfer to President

   18.   Form of transfer

   19.   Entry in register where no transfer available

   20.   Effect of transfer or entry in register

PART VI
COMPENSATION ADVISORY BOARD

   21.   Establishment of board

   22.   Membership of board, committees, etc

   23.   Regulations relating to board

   24.   Minister not bound by recommendation

PART VII
MISCELLANEOUS AND GENERAL

   25.   President may withdraw from acquisition

   26.   Service of notice not admission

   27.   Certain dispositions void

   28.   Penalty for hindering or obstructing

   29.   Regulations

   30.   Repeal and saving

AN ACT

to make provision for the compulsory acquisition of land and other property; and to provide for matters incidental to or connected with the foregoing.

[10th February, 1970]

Act 2 of 1970,

Act 13 of 1994,

SI 110 of 1992.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Lands Acquisition Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“court” means the High Court for Zambia;

“land” includes any interest in or right over land, but shall not include a mortgage or other charge;

“property” includes land, and includes any interest in or right over property, but shall not include a pledge or other charge;

“register” means the appropriate register established in terms of the Lands and Deeds Registry Act;

“Registrar” has the meaning assigned to it in the Lands and Deeds Registry Act;

“rural area” means any area which is not an urban area;

“transfer” includes convey, assign, surrender or otherwise alienate or dispose of land or other property, and “transfer” as a noun shall be correspondingly construed;

“urban area” means the area of a city, municipality or township as defined in the Local Government Act.

PART II
COMPULSORY ACQUISITION

3.   Power to acquire property

Subject to the provisions of this Act, the President may, whenever he is of the opinion that it is desirable or expedient in the interests of the Republic so to do, compulsorily acquire any property of any description.

4.   Preliminary investigation

   (1) Whenever it appears to the President that it may be desirable or expedient to acquire any land, it shall be lawful for any person authorised either generally or specially by the Minister in that behalf and for his servants and agents—

      (a)   to enter upon the land in question or any land in the vicinity thereof and survey and take levels of any such land; or

      (b)   to dig or bore under the sub-soil; or

      (c)   to do all other acts necessary to ascertain whether the land is or may be suitable for the purpose in question; or

      (d)   to clear, set out and mark the boundaries of the land proposed to be acquired and the intended line of the work (if any) proposed to be done thereon:

Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) unless he has previously given such occupier not less than seven days’ notice of his intention so to do.

   (2) As soon as conveniently may be after any entry made under sub-section (1) the Government shall pay for all damage done by the persons so entering. In the case of a dispute as to the amount to be paid, either the Minister or the person claiming payment may refer such dispute to a court having jurisdiction.

5.   Notice of intention to acquire property

   (1) If the President resolves that it is desirable or expedient in the interests of the Republic to acquire any property, the Minister shall give notice in the prescribed form to the persons interested in such property and to the persons entitled to transfer the same or to such of them as shall after reasonable inquiry be known to him.

   (2) Every such notice shall, in addition, invite any person claiming to be interested in such property to submit such claim to the Minister within four weeks of the publication of the Gazette notice in terms of section 7.

6.   Notice to yield up and power to take possession

   (1) The Minister may, by notice under section 5 or by any subsequent notice, direct the persons to whom notice is required by section 5 to be given to yield up possession of such property on the expiration of the period specified in the notice, which period shall be not less than two months from the date of service of the notice:

Provided that where the President certifies that the property in question is urgently required, the persons aforesaid may be required to yield up possession of the property on the expiration of such lesser period as the President may direct.

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