South Australian Current Acts

LAND ACQUISITION ACT 1969 - SECT 23

23—Negotiation of compensation

        (1)         The Authority and the claimant must negotiate in good faith in relation to the compensation payable for the acquisition of land under this Act.

        (3)         If a party to the negotiations holds or held, or claims to hold or to have held, native title in the land, and either the party or the Authority requests the ERD Court to do so, the Court must mediate between the parties to assist in obtaining their agreement on the matters at issue between them.

        (4)         The Authority may offer non-monetary compensation.

Example—

The non-monetary compensation might take the form of a transfer of land, the provision of goods or services, or the carrying out of work for the re-instatement or improvement of land remaining in the claimant's ownership after the acquisition.

        (5)         A party to the negotiations who is the holder of native title in the land may request non-monetary compensation, and the Authority must give due consideration to any such request.

        (6)         The Authority's liability to pay compensation under this Act for the acquisition of land is reduced by the value of non-monetary compensation provided at the request of, or by agreement with, the person to whom the liability is owed.

        (7)         The Authority must, at the request of the claimant and in accordance with any requirements set out in the regulations, convene a conference (a "valuers conference") between valuers who have made a valuation of the subject land (and the Authority may convene such a conference at any other time the Authority considers appropriate).

        (8)         The primary purpose of a valuers conference is to determine, if possible, a valuation of the subject land that is acceptable to both valuers (having regard to any factors that may affect the original valuations of the land), and to determine those matters of fact and opinion on which they agree and those on which they disagree, and the reasons for any disagreement.

        (9)         Subject to this Act and the regulations, a valuers conference is to be conducted in accordance with procedures determined by the Authority.

        (10)         The regulations may make further provision in relation to a valuers conference (including, to avoid doubt, requiring a report of the valuers conference to be prepared and provided to the Authority and the claimant).