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Agricultural (Commercial) Land Reform Amendment Act, 2002 (No. 13 of 2002).

Country/Territory
Namibia
Document type
Legislation
Date
2002
Source
FAO, FAOLEX
Long title
An Act to amend the Agricultural (Commercial) Land Reform Act, 1995, so as to define or further define certain expressions; to provide for the reconstitution of the Commission; to extend the grounds for the vacation of office of members of the Commission; to further regulate the procedure at meetings of the Commission; to further regulate the constitution and functions of committees of the Commission; to provide for the payment of remuneration to members of committees of the Commission and certain other persons; to further provide for administrative assistance to the Commission; to provide that the passing to another person of the controlling interest in a company or close corporation owning agricultural land be deemed to be an alienation of such land and to provide for such passing of the controlling interest to be void without a certificate of waiver having been first obtained; to restrict the exemptions applicable to the State’s preferent right to purchase agricultural land; to provide that an offer to sell agricultural land to the State may be withdrawn and to provide for the period within which such offer may be so withdrawn; to provide that the Minister and the owner of agricultural land offered to the State may agree to extend the period within which certain acts related to such offer are to be performed; to regulate the period of validity of certificates of waiver; to provide for a right of appeal against the decision of the Minister in certain circumstances; to repeal provisions relating to the purchase of farming units by lessees and the outright sale of farming units to qualified persons; to further regulate the power to enter and inspect farming units; to impose a duty on the Registrar of Companies and the Registrar of Close Corporations to in certain circumstances report changes in the controlling interest of companies and close corporations owning agricultural land; to criminalise the sale of agricultural land to foreign nationals and certain nominee owners without the consent of the Minister; to extend the exemptions applicable to the acquisition of agricultural land by foreign nationals; to provide for the payment of certain expenses from the Fund; and to substitute certain expressions; to amend the Agricultural (Commercial) Land Reform Second Amendment Act, 2001, so as to amend the short title of the said Act; and to provide for matters incidental thereto.
Subject
Land & soil
Keyword
Agricultural land Land reform Land tenure Transfer Institution Legal proceedings/administrative proceedings Inspection
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act provides for further definitions of certain expressions and various amendments concerning functions and powers and organizational structure of the Land Reform Advisory Commission of the Agricultural (Commercial) Land Reform Act, 1995. The definition in section 1 of "alienate" in relation to agricultural land is modified. various amendments concern functions and powers and organizational structure of the Land Reform Advisory Commission. In section 17 a new subsection 5(a) is inserted. This provision concerns the withdrawal of an offer to sell land to the State. New subsection sets out procedural requirements for the purchase or decline of an offer to sell land to the State.

Full text
English
Website
www.parliament.gov.na

References - Legislation

Amends

Agricultural (Commercial) Land Reform Act, 1995.

Legislation | Namibia | 1995 (2014)

Keyword: Equity, Agricultural land, Basic legislation, Land reform, Expropriation, Land tenure, Ownership, Foreign land tenure, Court/tribunal, Lease, Subdivision of land, Institution

Source: FAO, FAOLEX