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]. A notice of acquisition does not bind the Authority to complete the acquisition of land [s 10(6)]. The Authority may decide not to proceed with the acquisition.
An owner who has received a notice of intention to acquire land must, within 14 days of receiving the notice, notify the Authority of any other person who, to the owner’s knowledge, has an interest in the land, and the nature of the interest [s 10A(1)]. A person who, without reasonable excuse, refuses or fails to notify the Authority of another person’s interest in the land is guilty of an offence [s 10A(2)].
Any person who has an interest in the land has 30 days after receiving the notice to ask the Authority, in writing, to explain the reasons for the acquisition and to provide details of any statutory land acquisition scheme [s 11(1)]. The Authority must give this information. Typical reasons for compulsory acquisition include road widening, drain building or other public works. The Authority may provide information by letter, or by making available plans, relevant models or other specifications in relation to the land acquisition [s 11(3)].
Within 30 days after receiving either the notice of intention to acquire land or the explanation of the reasons for the acquisition, a person may object by serving written notice on the Authority requesting:
This request can be made on any of the following grounds or any other ground:
Within 14 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 [s 12(4)].
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 [s 12A(1)]. An application for review must be made within 7 days of being served with the Authority's decision [s 12A(2)].
SACAT must complete the proceedings on a review of the Authority's decision within 21 days of receiving the application [s 12A(3)].
There is no right of appeal to the Supreme Court from a decision of SACAT.
An owner who has received a 'notice of intention to acquire land' must inform any prospective buyers, tenants or mortgagees of that fact. It is an offence not to disclose this information [s 13(2)].
The notice of intention to acquire land process does not apply to native title land. In this case, notice must be given to the registered representative of the native title holders and the relevant representative Aboriginal body [s 10(2)(a)]. The method of service is governed by the Native Title (South Australia) Act 1994 (SA) [s 10 Explanatory Note].