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Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter III : Electricity Licences and Registration

26. Expropriation

 

(1) The State may, in order to facilitate the achievement of the objectives of this Act, expropriate land, or any right in, over or in respect of land, on behalf of a licensee in accordance with section 25 of the Constitution and section 2 of the Expropriation Act, 1975 (Act No. 63 of 1975).

 

(2) The Minister must prescribe the procedure to be followed in giving effect to subsection (1).

 

(3) The State may exercise the powers contemplated in subsection (1) only if—
(a) a licensee is unable to acquire land or a right in, over or in respect of such land by agreement with the owner; and
(b) the land or any right in, over or in respect of such land is reasonably required by a licensee for facilities which will enhance the electricity infrastructure in the national interest.

 

[Section 26, previously section 27, renumbered by section 16(b) of Act No. 28 of 2007]