National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003)Chapter 6 : Acquisition of Rights in or to Land80. Acquisition of private land by State |
| (1) | The Minister, acting with the concurrence of the Cabinet member responsible for land affairs, may acquire land, or any right in or to land, which has been or is proposed to be declared as or included in a national protected area, by— |
| (a) | purchasing the land or right; |
| (b) | exchanging the land or right for other land or rights; or |
| (c) | expropriating the land or right in accordance with the Expropriation Act, 1975 (Act No. 63 of 1975), and subject to section 25 of the Constitution, if no agreement is reached with the owner of the land or the holder of the right in or to the land. |
| (2) | The MEC, acting with the approval of the Executive Council of the province, may acquire private land, or any right in or to private land, which has been or is proposed to be declared as or included in a provincial protected area, by— |
| (a) | purchasing the land or right; |
| (b) | exchanging the land or right for other land or rights; or |
| (c) | expropriating the land or right in accordance with the Expropriation Act, 1975, and subject to section 25 of the Constitution, if no agreement is reached with the owner of the land or the holder of the right in or to the land. |