Highways Act 1926

If the Commissioner is of opinion that it is desirable to widen or to make any deviation of any road the Commissioner may, with the consent of the Minister, cause to be prepared a plan showing—

the existing boundaries of the road (which said boundaries are hereinafter in this section referred to as old boundaries);

and

the boundaries of the road as they would exist after the widening of the road (which said boundaries are hereinafter in this section referred to as new boundaries);

and

all buildings, fences and other structures and all wells, dams and other water supplies then existing upon or in any land between any such old boundary and any such new boundary.

The

Commissioner shall give notice in writing to the following persons:

the owner of any land which is situated between any such old boundary and any such new boundary;

the occupier of any such land;

any person who, pursuant to the Real

Property Act 1886 or the Registration of Deeds Act 1935 is registered as the mortgagee or encumbrancee of any such land.

The notice under subsection (2) must—

state that it is the intention of the Commissioner to deposit the plan as provided by this section; and

set out the effect of such deposit and of this section; and

be accompanied by a copy of the plan or of the portion of the plan that includes the land to which the notice relates; and

state that the person to whom the notice is given may object in writing to the proposed widening of the road within the time, being not less than one month, specified in the notice.

The

Commissioner shall consider every such objection and may, after considering every such objection, adopt the plan for the purposes of this section with such alterations as appear necessary to the

Commissioner. No such plan shall be adopted unless the Minister approves of the adoption thereof.

After adopting the plan as aforesaid, the Commissioner shall—

serve upon every person aforesaid a copy of the plan or portion thereof as aforesaid;

deposit a copy of the plan with the Registrar-General, the Surveyor-General, and the council of the district in which the road is situated;

give notice in the Gazette of the adoption of the plan, and shall serve upon every such person a notice stating the day from which the deposit shall become effective (which said day is hereinafter in this section referred to as the day of deposit).

At any time after the day of deposit—

the

Commissioner may, subject to the approval of the Minister, acquire any land between any such old boundary and any such new boundary;

where the whole of such land is clear of buildings the owner of any such land may, on giving one month's notice in writing to the

Commissioner, require the Commissioner to acquire the land and the

Commissioner shall thereupon be liable to pay compensation for the land to the persons entitled thereto.

Any compensation payable by the Commissioner on the acquisition of any land pursuant to subsection (5) of this section shall not include—

the value of any building, fence or other structure or any well, dam or other water supply erected or constructed upon or in the land after the day of deposit; or

any enhancement of the value of the land by reason of any alteration of, addition to or repair of any building, fence, other structure, well, dam or other water supply carried out after the day of deposit and without the consent of the Commissioner.

For the purposes of this section and of any proceedings thereunder—

the plan deposited by the Commissioner shall be prima facie evidence as to what buildings, fences and other structures and wells, dams and other water supplies were erected or constructed upon or in the land at the day of deposit; and

it shall lie upon the person claiming compensation to prove that any alteration, addition or repair referred to in paragraph (b) of subsection (6) of this section was carried out with the consent of the

Commissioner.

The

Commissioner may by notice in writing consent to any owner erecting any building, fence or structure or well, dam, or other water supply upon or in any such land after the day of deposit and in any such notice the Commissioner may agree to any special arrangements as to the removal of the building, fence or structure or well, dam, or other water supply upon the acquisition of the land by the

Commissioner or otherwise as appears just to the Commissioner.

The

Commissioner may by notice in writing consent to any owner adding to, altering or repairing any building, fence or structure or well, dam or other water supply upon or in any such land, after the day of deposit and in any such notice the Commissioner may agree to any special arrangements in relation to any such addition, alteration or repair as shall apply upon the acquisition of the land by the

Commissioner or otherwise as appears just to the Commissioner.

Any notice required by this section to be given to or served upon any person may be given or served—

by delivering the notice to that person; or

by sending the notice by registered post to the last-known place of abode or business of the person, but where any notice is required to be given to or served upon any person whose address is unknown the notice may be given or served by publishing it or a notice substantially to the same effect once in the Gazette and once in a daily newspaper circulating generally in

South Australia.

If any notice required by this section to be given to or served upon any person is given to or served upon that person, the notice shall be binding upon all persons claiming by, from or under that person and upon all successors in title or occupancy of that person.

In this section—

building includes a part of a building;

owner means—

the registered proprietor under the Real

Property Act 1886 of any estate of freehold in possession;

as regards land not under the Real

Property Act 1886, any person who is seised of any estate of freehold in possession, or if the said estate is subject to redemption under any mortgage, the person who upon payment of moneys secured by such mortgage would be entitled to a conveyance of such an estate;

as regards land belonging to the Crown, any person who has agreed to purchase the land from the Crown or is the lessee of the land under any lease granted by the Crown;

structure includes part of a structure.