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Temporary occupation

Authorities can come onto any land temporarily without having to acquire the land. Authorities may temporarily occupy land for purposes authorised by law and may:

  • 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;
  • erect temporary workshops, sheds and buildings on the land.

[see Land Acquisition Act 1969 (SA) s 28].

The authority must give seven (7) days written notice and can then come onto the land and commence work.

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; and
  • not a park, planted walkway, avenue or ornamentally planted grounds; and
  • not within 500 metres of a house.

Anyone affected by a temporary occupation can apply to the court for an order that the authority acquire her or his interest in the land, or within three months, apply for compensation. Special provisions apply to native title land. The General Division of the Supreme Court is the court with jurisdiction to hear disputes under this Act [see Land Acquisition Act 1969 (SA) s 29].

Temporary occupation  :  Last Revised: Tue Jul 14th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.