Communal Land Rights Act, 2004 (Act No. 11 of 2004)Chapter 1 : Definitions and Application of Act2. Application of Act |
| 1) | This Act applies to- |
| a) | State land which is beneficially occupied and State land which- |
| i) | at any time vested in a government contemplated in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), before its repeal or of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei, or in the South African Development Trust established by section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936), but not land which vested in the former South African Development Trust and which has been disposed of in terns of the State Land Disposal Act, 1961 (Act No. 48 of 1961); |
| ii) | was listed in the schedules to the Black Land Act, 1913 (Act No. 27 of 1913), before its repeal or the schedule of released areas in terms of the Development Trust and Land Act, 1936 (Act No. 18 of 1936); before its repeal; |
| b) | land to which the KwaZulu-Natal Ingonyama Trust Act, 1994 (Act No. 3 KZ of 1994), applies, to the extent provided for in Chapter 9 of this Act; |
| c) | land acquired by or for a community whether registered in its name or not; and |
| d) | any other land, including land which provides equitable access to land to a community as contemplated in section 25(5) of the Constitution. |
| 2) | The Minister may, by notice in the Gazette, determine land contemplated in subsection (1)(d) and may in such notice specify which provisions of this Act apply to such land. |