South Australian Current Acts South Australian Current Acts (1) Subject to this
section, if the Authority acquires an interest in land that confers a right of
possession, the Authority must, as soon as is reasonably practicable after a
notice of acquisition is published in relation to the land, give written
notice to the occupier of the land of the date on which the Authority will
enter into
possession of the land (the "possession date"), being—
(a) in
the case of land relating to a declared acquisition project—the date
specified by the Authority (being a day on or after the date on which notice
is given under this subsection); or
(b) in
any other case—a date not less than 90 days after the date on which
the notice of acquisition is published.
(2) If the Authority
acquires an interest in land consisting of an easement or other interest that
does not confer a right of possession, the Authority must, as soon as is
reasonably practicable after a notice of acquisition is published in relation
to the land, give written notice to the occupier of the land of the date from
which the Authority may enter onto the land.
(3) Subject to
subsection (3a), if the relevant land is vacant at the time the notice of
acquisition is published, the Authority may enter into possession from the
date the notice is so published.
(3a) If at the time
the notice of acquisition is published there are chattels or other personal
property (not being a fixture) on vacant land, the Authority may enter into
possession 30 days after the date the notice is so published.
(4) If an occupier of
land to whom a notice was given under subsection (1) ceases to occupy the
land before the date specified in the notice, the Authority may enter into
possession of the relevant land from the time the occupier ceases to occupy
the land.
(5) A notice under
subsection (1) may be varied to fix an earlier or later possession date
on the application, or with the agreement, of the person to whom the notice
was given.
(6) If an occupier to
whom a notice under subsection (1) is given remains in occupation of the
relevant land after the date on which the notice of acquisition is published,
the occupier will be taken to occupy the land pursuant to a tenancy, the terms
and conditions of which are as determined by the Authority from time to time.
(6a) Except where the
Authority determines otherwise, rent is payable in relation to a tenancy
referred to in subsection (6) from 90 days after the date on which
the notice of acquisition is published (however, nothing in this subsection
authorises the Authority to charge rent for the 90 days immediately
following the date on which the notice of acquisition is published).
(7) The terms and
conditions determined by the Authority under subsection (6) must—
(a) fix
the amount of rent payable to the Authority in relation to the tenancy (not
exceeding a reasonable market rate); and
(b)
comply with any requirements set out in the regulations.
(7a) To avoid doubt,
the Residential Tenancies Act 1995 or the
Retail and Commercial Leases Act 1995 (as the case requires) does not
apply in relation to a tenancy referred to in subsection (6).
(8) The Authority or a
person to whom a notice is given under subsection (1) may refer 1 or
more of the following matters into the Court:
(a) a
refusal by the Authority to fix a later possession date;
(b) a
matter relating to the amount of rent payable in relation to the relevant
tenancy;
(c) a
matter relating to any other term or condition of the relevant tenancy
determined under subsection (6).
(8a) A matter referred
to in subsection (8)(a) may only be referred into the Court within a
period of 60 days after—
(a) the
date on which the notice of acquisition is published; or
(b) the
date on which written notice of the possession date is given to a person under
subsection (1),
whichever is the later.
(8b)
Subsection (8) does not apply to, or in relation to, a declared
acquisition project.
(9) On the reference
of a matter into the Court, the Court may—
(a) if
of the opinion that the question should be the subject of further
negotiation—adjourn the matter to allow further negotiation to take
place; or
(b) make
such orders as the Court considers appropriate to resolve the matter
(including, to avoid doubt, orders fixing the amount of rent payable in
relation to the relevant tenancy).
(10) The Authority may
enter into possession of the relevant land on or after the possession date
despite the commencement of proceedings under this section.
(11) Without limiting
the ways in which the Authority may recover rent owed to the Authority, the
Authority may deduct rent owed by a person to the Authority under this section
from compensation payable to the person under this Act.
(12) Despite any other
Act or law, the Authority is not liable for injury, damage or loss occurring
on, or in relation to, land acquired under this Act prior to the Authority
entering into possession of the land.
(13) For the purposes
of this section, land will be taken to be
"vacant" at a particular time if the land—
(a) is
residential land on which no person is lawfully residing at the time; or
(b) is
non-residential land that is not genuinely being used for income producing
purposes at the time; or
(c) is
primary production land that is not actively being used for grazing, cropping,
horticultural, horse keeping, intensive animal keeping, animal husbandry or
other primary production purposes at the time; or
(d) is
land, or land of a class, prescribed by the regulations for the purposes of
this paragraph.
(14) For the purposes
of this section, the storage of chattels or other personal property on land by
a person does not, of itself, constitute the person residing on the property,
the use of the property for income producing purposes or the use of the land
for a primary production purpose.
(15) In this
section—
"declared acquisition project" means an acquisition project, or
acquisition project of a class, declared by the relevant Minister by notice in
the Gazette to be included in the ambit of this definition;
"relevant Minister" means—
(a) in
the case of an acquisition of land authorised by a special Act, the
administration of which is committed to a Minister—that Minister; or
(b) in
any other case—the Minister.