Acquisition of Land in the Public Interest Act, 1996
- Commenced on 3 June 1996
- [This is the version of this document at 1 June 2020.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Acquisition of Land in the Public Interest Act, 1996.
2. InterpretationIn this Act–“acquire in the public interest”, in relation to land, means the acquisition or taking possession of land for its development or utilisation to promote the public welfare or benefit or for public defence, safety, order, morality or health or for town and country planning;“Court” means the Supreme Court;“Curator” means the Curator of Vacant Estates;“date of acquisition”, in relation to land acquired under section 6, means the date on which the notice in respect of the land is published in the Gazette under that section;“date of vesting”, in relation to land acquired under section 6, means the date on which the land is vested in the Republic under section 9;“dealing” includes a lease or a mortgage;“interest”, in relation to land, means a right, power, privilege, mortgage or a beneficial interest, in over or in connection with the land;“land” includes an interest in land and building on land;“mortgage”, includes a charge and a privilege and mortgagee and mortgagor shall be construed accordingly;“mortgagee”, means in relation to a mortgage, means the person (including the Republic) for the time being entitled to the moneys secured by the mortgage;“notice of acquisition” in relation to land acquired under section 6, means the notice in respect of the land published in the Gazette under that section;“notice of intended acquisition”, in relation to land acquired under this Act, means the notice in respect of the land published in the Gazette under section 4(1)(a);“owner” includes a person having an interest in land.
Part II – Acquisition of land
3. Acquisition of land in the public interest
4. Notice of intended acquisition
5. Notice to treat
6. Compulsory acquisition of land
7. Contravention of article 26 of the Constitution
8. Legality of acquisition
9. Effect of notice of acquisition
Part III – Compensation
10. Conversion of interest into compensation
11. Court may adjust rights
12. Claims for compensation
13. Land subject to mortgageWhere a land acquired under section 6 was subject to a mortgage immediately before the date of vesting of that land in the Republic—
14. Rejected claims
15. Principles of determinationIn the determination of the amount of compensation payable in respect of land acquired under section 6 effect shall be given to the principles set out in the Schedule.
16. Determination of claims under section 12 by agreement
17. Proceed by claim in Court
18. Compensation deemed to be payable
19. Rules of CourtThe Chief Justice may make rules with respect to the practice and procedure of the Court in relation to proceedings under sections 8, 11, 13, 14 and 17 and till such rules are made the provisions of the Seychelles Code of Civil Procedure relating to actions before the Supreme Court shall apply.
20. Payment of compensation
21. Deposit of compensation in the treasury
22. Interests on compensation
Part IV – Miscellaneous
23. Power to examine land or to take possession of land
24. Survey signed by Director of Surveys conclusive evidenceA survey purporting to be signed by the Director of Surveys showing the boundaries of an area of land which has been or is acquired under this Act shall be received as conclusive evidence of the boundaries of that area.
25. Persons in possession of landWhere a person was in possession of land acquired under section 6 immediately before the date of vesting in that land, the Minister may enter into an agreement with that person under which that person is permitted to remain in possession of the land on such terms and conditions as are specified in the agreement.
26. Withdrawal from acquisition
27. Payment to be a good dischargeAll payments and deposits made on behalf of the Republic by virtue of this Act are good and valid discharges to the Republic and the Republic is not bound to see to the application of the money paid or deposited.
28. Compliance with the Civil CodeWhere land is acquired under section 6, the provisions of Article 545 of the Civil Code shall be deemed to have been complied with for all purposes.
29. Registration of interest
30. Registration where only one part of land is acquiredWhere land is acquired under this Act, being land which forms part, but not all, of a parcel of land which is registered under the Land Registration Act, the Land Registrar on being notified that the land had been so acquired and when satisfied that the land has been surveyed in accordance with the Land Survey Act shall—
31. Where owner of land is not knownWhere the Minister is unable to ascertain, on information available to the Minster, the owner of any land intended to be acquired under this Act, the Curator shall be deemed to be owner of the land for the purpose of this Act.
32. Service of notice
33. Ranking of applicationWhere more than one person is entitled to compensation in respect of different interests in the land vested under section 9 or on different grounds under this Act, payment of compensation shall rank in the following order—
34. Option to purchase or lease
35. Domaine public not affectedThe powers under this Act shall not be exercised in relation to land within the boundaries of a domaine public as defined under the Delineation and Classification of Domaine Public Act.
36. RegulationsThe Minister may make regulations prescribing all matters which in this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
37. Repeal of Cap. 105The Land Acquisition Act is hereby repealed.
38. SavingsAny reference in any other law to the Lands Acquisition Act shall be construed and have effect as if it was a reference to the Acquisition of Lands in the Public Interest Act, 1996.
History of this document
03 June 1996
|Acquisition of Land in the Public Interest Regulations, 1998||Statutory Instrument 59 of 1998|