South Australian Current Acts South Australian Current Acts (1) Subject to this
Act 1 , the Authority may, at least three months after the first occasion on
which any notice of intention to acquire was given but before the period for
acquisition of the land comes to an end 2 , publish a notice of acquisition in
the Gazette.
(2) On publication of
the notice of acquisition—
(a) the
land vests in the Authority to the extent of the interest specified in the
notice; and
(b) a
mortgage, charge, encumbrance, trust or other interest affecting the land
(except native title) is, to the extent it affects the land subject to the
acquisition, discharged; and
(c) if a
residual interest remains after the acquisition, the interest is modified to
the extent required by the acquisition. 3
(3) The land acquired
under this section may be an easement, right, power, or privilege that did not
previously exist as such in, under, over, or in connection with, land.
(4) A notice of
acquisition must define the subject land as accurately as is reasonably
practicable.
(5) The Authority must
have the notice of acquisition published in a newspaper circulating generally
throughout the State.
(5a) The Authority
must also give notice of the acquisition to the same persons as the notice of
intention to acquire the land but notice need not be given to a person who was
given notice of intention to acquire the land if—
(a) the
notice was given because the person held an interest in the land and the
person no longer holds that interest; or
(b) the
notice was given because the person claimed to hold an interest in the land
and—
(i)
the claim has been abandoned; or
(ii)
a court has determined the claim and found that the
claimant has no interest in the land.
(5b) To avoid doubt, a
notice under subsection (5a) need not be given to a person in the same
way as the notice of intention to acquire land was given to the person.
(6) If the acquisition
may result in the extinguishment of the native title of persons who have not
yet been registered under the law of the Commonwealth or the State as holders
of, or claimants to, native title in land, general notice of the acquisition
must be given to all persons who hold or may hold native title in the land 4
and the notice must include a statement of the special rights of native title
holders to claim compensation under this Act.
Explanatory Notes—
1 See in particular Division 1 of Part 4 which
imposes limitations on the acquisition of native title in land in certain
circumstances.
2 The period for acquisition of the land is the
period of 18 months after the notice of intention to acquire was given (see
section 15(4)) or a longer period fixed under section 15(4a).
3 The acquisition of land under this section
extinguishes native title to the extent permitted by the
Native Title Act 1993 (Cwth) (see sections 24MD(2), (2A) and (3)).
4 For method of service see Part 5
Native Title (South Australia) Act 1994 .