Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)13. Minister may order payment of certain amounts |
(1)
| (a) | The Minister may order any owner of land in writing to pay an amount determined by the Minister, to a land user in respect of the increase or likely increase in the value of the land of such owner as a result of the beneficial effect on that land of a soil conservation work which has been constructed by such land user. |
| (b) | Any such order shall only be issued by the Minister if— |
| (i) | the construction of the soil conservation work concerned has been required in terms of a direction; and |
| (ii) | the land user by whom the soil conservation work concerned has been constructed, has requested the Minister in writing to so order the owner of the land concerned. |
| (c) | In determining the amount which is payable by an owner of land in terms of paragraph (a), the Minister shall, in addition to any other relevant circumstance, also take into consideration— |
| (i) | the actual cost of the construction of the soil conservation work concerned; and |
| (ii) | which portion of such cost has been paid to the land user concerned by way of a subsidy in terms of a scheme. |
| (d) | If any owner of land fails to pay the amount owing by him in terms of paragraph (a), to the other owner concerned within 90 days of the date on which the Minister ordered the payment of that amount in writing, such land user may recover the amount due from such owner by way of a civil action in any competent court. |
| (2) |
| (a) | The Minister may order any owner of land in writing to pay an amount determined by the Minister, to an owner of other land in respect of the decrease or likely decrease in the value of the land of such other owner as a result of the detrimental effect on that land of a soil conservation work which has been constructed by the first-mentioned owner on his land. |
| (b) | Any such order shall only be issued by the Minister if— |
| (i) | the construction of the soil conservation work concerned has been required in terms of a direction; and |
| (ii) | the owner of the land the value of which has decreased or is likely to decrease as a result of the alleged detrimental effect of the soil conservation work concerned, has requested the Minister in writing to so order the owner of the land on which that soil conservation work has been constructed. |
| (c) | In determining the amount which is payable by an owner of land in terms of paragraph (a), the Minister shall, in addition to any other relevant circumstance, also take into consideration |
| (i) | the actual cost of the construction of the soil conservation work concerned; and |
| (ii) | which portion of such cost has by way of a subsidy in terms of a scheme been paid to the owner by whom the soil conservation work concerned has been constructed. |
| (d) | If any owner of land fails to pay the amount owing by him in terms of paragraph (a), to the other owner concerned within 90 days of the date on which the Minister ordered the payment of that amount in writing, such other owner may recover the amount due from the first-mentioned owner by way of a civil action in any competent court. |