Authorities can come onto any land temporarily without having to acquire the land. Authorities may temporarily occupy land for purposes authorised by the Land Acquisition Act 1969 (SA) and may do any of the following [s 28(1)]:
- take stone, gravel or earth from the land (except for mining purposes [s 28(1a)])
- deposit material on the land
- make cuttings or excavations on the land
- make and use roads on the land
- manufacture on the land any materials required for those purposes
- erect temporary workshops, sheds and buildings on the land.
The Authority must give at least 7 days written notice to the owner and occupier of the land can then enter the land and commence work [s 28(2)].
Land that can be occupied by the Authority through temporary occupation includes land that is:
- within 500 metres of land acquired under the Land Acquisition Act 1969 (SA), and
- not a garden, orchard or plantation attached or belonging to a house,
- not a park, planted walkway, avenue or ornamentally planted grounds, and
- not within 500 metres of a residence [s 28(5)].
Anyone affected by a temporary occupation can apply to the Supreme Court for an order that the Authority acquire her or his interest in the land [s 28(3)], or within three months, apply for compensation [s 29]. Special provisions apply to native title land.
Temporary occupation : Last Revised: Thu Oct 15th 2026
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