LAND ACQUISITION ACT 1969 - SECT 10
LAND ACQUISITION ACT 1969 - SECT 10
10—Notice of intention to acquire land
(1) Subject to this
Act, if the Authority proposes to acquire land (other than native title), the
Authority must give a notice of intention to acquire the land to each person
whose interest in the land is subject to acquisition, or such of those persons
as, after diligent inquiry, become known to the Authority.
(2) If the Authority
proposes to acquire native title in land, the Authority must—
(a) if
there is a native title declaration for the land—give notice of
intention to acquire the land to the registered representative of the native
title holders and the relevant representative Aboriginal body;
(b) if
there is no native title declaration for the land—
(i)
give a notice of intention to acquire the land to all
persons who hold, or may hold, native title in the land; 1 and
(ii)
in a case to which Part 4 Division 1 applies—
(A) give a copy of the notice of intention
to acquire the land to the Registrar of the ERD Court and the
Commonwealth Registrar; and
(B) as soon as practicable after completing
all requirements for service of the notice, give the Registrar of the
ERD Court, the Commonwealth Registrar, the relevant representative Aboriginal
body and any other prescribed persons a statutory declaration—
• specifying the
steps that have been taken to effect service, the date of each step, and when
the requirements for service were completed; and
• exhibiting any
supporting materials required under the regulations.
(3) The notice of
intention to acquire the land must comply with the following requirements:
(a) it
must define the subject land with reasonable particularity; and
(ab) it
must set out the operation of section 26B; and
(b) if
Part 4 Division 1 applies to the proposed acquisition—it must include a
statement that Aboriginal groups who are not registered, and have not applied
for registration, under the law of the State or the Commonwealth as holders of
or claimants to native title in the land but want to participate in the
negotiations must take the necessary steps under that law to become native
title parties in relation to the relevant land within three months after
service of the notice; and
(c)
if—
(i)
the Authority is the Crown or an instrumentality of the
Crown; and
(ii)
the Authority proposes to acquire native title; and
(iii)
the Authority does not propose to acquire the land for
the purpose of conferring rights or interests on someone other than the Crown
or an instrumentality of the Crown,
it must state that the purpose of the acquisition is to confer rights or
interests in relation to the land on the Crown or an instrumentality of the
Crown.
(4) If the Authority
changes the boundaries of the land it proposes to acquire in any respect, the
Authority must immediately serve a notice of amendment to the notice of
intention to acquire the land on the same persons as the notice of intention
to acquire.
(4a) To avoid doubt, a
notice under subsection (4)—
(a) need
not be given to a person in the same way as the notice of intention to acquire
land was given to the person; and
(b) does
not constitute a new notice of intention to acquire the relevant land.
(5) However, a notice
of amendment need not be given to a person who was given notice of intention
to acquire the land if—
(a) the
notice of intention to acquire was given because the person held an interest
in the land and the person no longer holds that interest; or
(b) the
notice of intention to acquire was given because the person claimed to hold an
interest in the land and—
(i)
the claim has been abandoned; or
(ii)
a court has determined the claim and found that the
claimant has no interest in the land.
(6) A notice of
intention to acquire land does not bind the Authority to acquire the
subject land.
Explanatory Note—
1 For method of service see Part 5
Native Title (South Australia) Act 1994 .