Land Acquisition Regulations 2019

These regulations may be cited as the

Land Acquisition

Regulations 2019.

In these regulations, unless the contrary intention appears—

Act means the Land Acquisition

Act 1969.

The forms set out in

Schedule 1 must—

be used for the purposes specified in

Schedule 1; and

be completed in accordance with the instructions contained in the forms.

The name of a person signing a form set out in

Schedule 1 must be written legibly under or alongside the signature of that person.

Where the space provided in a form is insufficient to contain all the required information—

the information must be set out in an annexure to the form;

and

the annexure must have an identifying mark such as a letter or numeral; and

the space in the form must contain the statement "See Annexure" together with the distinguishing mark for the annexure, or words to similar effect.

A person preparing a notice or offer under these regulations may annex to the notice or offer a map or plan of any land referred to in the notice or offer.

A map or plan annexed to a notice or offer in accordance with subregulation (4) has the effect of being part of the notice or offer.

Despite the method of execution prescribed by the forms contained in Schedule 1, it is to be taken to be a sufficient compliance with these regulations if a notice or offer, in any of those forms, is executed by an Authority under its common seal, or by signature (including an electronic signature) of the Authority or, if applicable, the Authority’s delegate, or in any other manner permitted by law.

For the purposes of section 10(2)(b)(ii)(B) of the Act, the following supporting materials must be exhibited:

in the case of service by publication in a newspaper or relevant special-interest publication in accordance with the

Native Title (South Australia)

Act 1994—a copy of an extract from the publication containing the notice and identifying the name of the publication and the date of publication;

in the case of service by giving a copy of the notice personally or by post or by some other agreed method in accordance with the

Native Title (South Australia)

Act 1994—a copy of the notice so served.

For the purposes of section 11(2)(b)(iii)(B) and

12(2)(b)(iii)(B) of the Act, an Aboriginal group must authorise the representative Aboriginal body to act on its behalf as follows:

the authorisation must be in writing;

the authorisation must—

name the persons comprising the Aboriginal group claiming native title or otherwise define the Aboriginal group sufficiently clearly so that it can be ascertained whether any particular person is a member of the group;

and

state that the Aboriginal group does not have, and is not part of another Aboriginal group that has, a registered representative;

and

define the land to which the claim relates with sufficient particularity to enable the boundaries of the area covered by the claim and any areas within those boundaries that are not covered by the claim to be readily identified; and

state the nature of the rights conferred by the native title claimed and the nature of activities that may be carried out pursuant to those rights; and

state the factual basis on which it is asserted that the Aboriginal group holds the native title claimed;

the authorisation must expressly authorise the representative

Aboriginal body to act under section 11 and 12 of the Act on behalf of the group in relation to a specified notice of intention to acquire land to which the native title claim relates;

the authorisation must be signed by a member of the group authorised to sign on behalf of the group following either—

a process of decision making recognised by the traditional laws or customs of the Aboriginal group; or

a process of decision making agreed to and adopted by the

Aboriginal group in relation to the decision or in relation to decisions of that kind.

For the purposes of section 24(7)(b) of the Act, the terms and conditions determined by the Authority must, subject to any order of the Court to the contrary, include terms and conditions that—

prevent improvements affixed to the land or attached to any part of the premises, or any fixtures and fittings, from being removed without the permission of the Authority; and

require the premises to be used in the same manner as the existing use of the premises as at the date of acquisition (but only where that use was a lawful use); and

require the occupier of the land to maintain (at least) the following insurance:

building insurance;

plate glass insurance (commercial tenants);

public liability insurance; and

exclude any warranty of fitness for purpose in relation to the premises; and

provide that statutory rates and taxes are the responsibility of the Authority after the date of possession; and

allow the Authority to review the rent payable no more than once every 12 months; and

require the tenant, at the tenant’s cost, to keep all fixtures and structures on the land in good state and repair; and

allow the Authority to enter the land to carry out any works the

Authority reasonably believes are necessary (including a requirement that the

Authority must use reasonable endeavours to minimise any disruption to the tenant); and

provide that maintenance and repairs, should they be required, are the responsibility of the Authority; and

prevent the tenant from assigning, underletting, or charging or parting with the possession of the land or any part of the land;

and

without limiting paragraph (b), require the tenant not to do, or to permit or suffer to be done, on the land anything that may be or become a nuisance or annoyance to the Authority or to the occupiers of any neighbouring property.

Nothing in this regulation limits any other terms and conditions that may be determined by the Authority under section 24(6) of the

Act.

Nothing in this regulation prevents the Authority from waiving, conditionally or unconditionally, a requirement under a term or condition referred to in this regulation.

A person who, in a notice in writing served on an Authority pursuant to section 12 of the Act, knowingly makes a statement that is false in a material particular, is guilty of an offence.

Maximum penalty: Maximum penalty: $100.

Pursuant to section 23(10) of the Act, the following provisions apply in relation to a valuers conference convened, or to be convened, under that section:

no later than 2 weeks prior to the conference, each valuer must provide the other or others a copy of any valuation of the subject land made by the valuer;

the valuers must, in accordance with any requirements determined by the Authority (including requirements as to manner and form), prepare and provide to the Authority and the claimant a joint valuers statement in respect of the subject land;

a joint valuers statement must include a summary of matters of fact and opinion on which the valuers agree and those on which they disagree, and the reasons for any disagreement;

a joint valuers statement is, unless otherwise ordered by the

Court, admissible in proceedings between the Authority and the claimant.

The Authority must cover the costs of convening a settlement conference under section 23BA of the Act, including the costs of engaging the conference coordinator.

For the purposes of section 23BA(2)(b) of the Act, a conference coordinator must be qualified as a legal practitioner and be of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the

State).

For the purposes of section 23BA(4) of the Act, the reasonable costs of the claimant will be taken to be the professional costs reasonably incurred by the claimant in preparing for, or in the course of, a settlement conference, not exceeding—

in the case of legal costs—the applicable scale of costs (if any) of a court or tribunal of this State; and

in the case of costs relating to the services of a valuer, or other professional costs—the generally accepted industry rate (if any) applicable to such services.

For the purposes of section 26A(1) of the Act, the amount of

$50 000 is prescribed.

For the purposes of section 26B(1) of the Act, the amount of $10

000 is prescribed.