To begin the process the authority must serve upon each person with an interest in the land a notice of intention to acquire land [Land Acquisition Act 1969 (SA) s 10]. Any person affected has thirty days after receiving the notice, to ask the authority to explain in writing the reasons and any details of any scheme that the acquisition may be proposed under s 11 of the Land Acquisition Act 1969 (SA). The authority must give this information. Typical reasons for compulsory acquisition include road widening, drain building or other public works.
Within thirty days after receiving either, the notice of intention to acquire land or the reasons of the proposal, a person may object by serving written notice on the authority requesting:
- it not to proceed
- alteration to the boundaries
- that any part of the land not be acquired or that further land be acquired.
In addition, a person can request that the authority not acquire the land on the grounds that the acquisition and any undertaking would:
- seriously impair an area of scenic beauty
- destroy or affect a site of architectural, historical or scientific interest
- adversely affect the conservation of flora and fauna that should be conserved
- adversely prejudice any other public interest.
See Land Acquisition Act 1969 (SA) s 12.
Within fourteen days of receiving a request, the authority must consider the matter and serve a written notice on the person indicating whether or not it agrees with the request.
Where a person has made a request and the authority does not agree with the request, the person can apply to the South Australian Civil and Administrative Tribunal (SACAT) for a review of that decision [see s 12A(1)]. An application for review must be made within 7 days of being served with the authority's decision to refuse [see s 12A(2)].
A decision of SACAT in this instance is not subject to further appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 (SA).
The notice of intention to acquire land process does not apply to native title land. In this case, notice must be given to the native title holders or their registered representatives. The method of service is governed by the Native Title (South Australia) Act 1994.
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