Compulsory Acquisition of Land
The process of compulsory acquisition of land is covered in the Land Acquisition Act 1969 (SA).
Land is usually acquired for infrastructure projects such as constructing new roads, railways, schools and sporting facilities.
An Authority, such as the Commissioner of Highways or a local council, can acquire land whether the owner of that land agrees or not. 'Land' includes an 'interest' in land which includes 'an easement, right, power, or privilege in, under, over, affecting, or in connection with, the land' [s 6].
The power to acquire land is authorised by numerous Acts of Parliament. Examples of acquiring authorities and the relevant legislation include:
- Commissioner of Highways - Highways Act 1926 (SA), s 20(1)(a)
- Council - Local Government Act 1999 (SA), s 191
- South Australian Housing Trust - South Australian Housing Trust Act 1995 (SA), s 33
- Rail Commissioner - Rail Commissioner Act 2009 (SA), s 9
- Minister for Infrastructure and Transport - Passenger Transport Act 1994 (SA), s 23
- Minister for Education, Training and Skills - Education and Children's Services Act 2019 (SA), s 6
- Minister for Climate, Environment and Water - Marine Parks Act 2007 (SA), s 22
- Minister for Climate, Environment and Water - Wilderness Protection Act 1992 (SA), s 5
- Coordinator General's Office - State Development Coordination and Facilitation Act 2025 (SA), s 39
The Department for Infrastructure and Transport provides detailed information about land acquisition and the process on its website.
Compulsory Acquisition of Land : Last Revised: Fri Oct 16th 2026
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