Regulations in relation to Acquisition of Agricultural Land by Foreign Nationals, 1996


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Agricultural (Commercial) Land Reform Act, 1995

Regulations in relation to Acquisition of Agricultural Land by Foreign Nationals, 1996

Government Notice 257 of 1996

  • Published in Government Gazette 1411 on 19 September 1996
  • Commenced on 19 September 1996
  • [This is the version of this document at 15 November 2017.]
  • [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
as amended by

Government Notice 120 of 2014 (GG 5530) came into force on date of publication: 13 August 2014

GN 120/2014 (GG 5530) says that it is amending the Regulations relating to the Acquisition of Land by Foreign Nationals contained in GN 257/1996, but this statement seems to be an error. The Regulations relating to the Acquisition of Land by Foreign Nationals contained in GN 257/1996 contain only one form, which has no number. GN 120/2014 inserts a Form 1A and a Form 4 after Form 3. The General Regulations in GN 272/196 contain a Form 1 and a Form 2, but no Form 3. Thus, the numbers of the forms in 120 GN 120/2014 do not fit correctly with either of these sets of regulations. However, the forms in GN 120/2014 appear to concern sale and waiver in general (in terms of section 17 of Act 6 of 1995) rather than being relevant only to foreign nationals (in terms of section 58 of Act 6 of 1995). Nevertheless, since the amending Government Notice purports to be adding forms to these regulations, the forms in question are included here.

There are other errors in GN 120/2014. It states “In these regulations “the Regulations” means the regulations in relation to Acquisition of Agricultural Land by foreign nationals, published under Government Notice No. 257 of 19 September 1996 as amended by Government Notice Nos. 272 of 17 October 1996, 243 of 15 December 2001, 259 of 29 December 2001, 128 of 1 June 2004, 181 of 15 December 2005, 120 of 3 July 2007, 143 of 1 August 2007, and 241 of 6 September 2013.” This statement is incorrect. Regulations relating to the Acquisition of Agricultural Land by Foreign Nationals were published in GN 257/1996, but all of the other Government Notices referred to concern other sets of regulations issued under the Act – with the exception of GN 143/2007, which is not a regulation but a notice issued under regulation 3 of the Land Valuation and Taxation Regulations concerning the dates for a general valuation of agricultural land.
An application for the consent of the Minister of Lands, Resettlement and Rehabilitation in terms of section 58 of the Agricultural (Commercial) Land Reform Act, 1995 shall be made in the following form:

Forms

[Editorial note: The forms have not been reproduced]
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History of this document

15 November 2017 this version
Consolidation
19 September 1996