Environment Conservation Act, 1989 (Act No. 73 of 1989)Part VIII : General Provisions34. Compensation for loss |
| 1) | If in terms of the provisions of this Act limitations am placed on the purposes for which land may be used or on activities which may be undertaken on the land the owner of, and the holder of a real right in, such land shall have a right to recover compensation from the Minister or competent authority concerned in respect of actual loss suffered by him consequent upon the application of such limitations. |
| 2) | The amount so recoverable shall be determined by agreement entered into between such owner or holder of the real right and the Minister or competent authority, as the case may be, with the concurrence of the Minister of State Expenditure. |
| 3) | In the absence of such agreement the amount so to be paid shall be determined by a court referred to in section 14 of the Expropriation Act, 1975 (Act No. 63 of 1975), and the provisions of that section and section 15 of that Act shall mutatis mutandis apply in determining such amount. |