South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
13A—Entitlement to compensation—Category C project works corridors
(1) Subject to this
section, the Minister is, in respect of the acquisition of a
statutory easement over land within a Category C project works corridor,
liable to pay compensation to any person who is the holder of an estate or
interest in the land that is subject to the easement on the relevant date (and
an entitlement to compensation under this section with respect to a particular
easement does not arise before the relevant date).
(2) The compensation
will be determined—
(a) as
if the Minister had acquired the easement on the relevant date; and
(b) as
if the acquisition had occurred in accordance with the Land
Acquisition Act 1969 .
(3) In connection with
the operation of subsection (2)
, the Minister must make an offer of compensation within 6 weeks after
the relevant date and that offer will be taken to have been made under
section 23A of the Land
Acquisition Act 1969 (and then the succeeding provisions of that Act will
apply in relation to the processes for arriving at an amount to be paid as
compensation and, if relevant, interest but without affecting any possession
of land already obtained under an easement by virtue of this Act).
(4) In this
section—
"relevant date" means—
(a) in
relation to a parcel of land where the Minister has issued a
works finalisation declaration—the date on which the
works finalisation declaration is issued to the owner of the parcel of land;
or
(b) if paragraph (a)
does not apply before 19 December 2014—19 December 2014;
"works finalisation declaration" means a statement in writing issued by the
Minister in relation to a particular parcel of land to the owner of the land
in which the Minister declares, in connection with land within a
project works corridor that comprises part of that parcel, that no further
work is to be undertaken as part of the implementation of the Project under
this Act.