South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 12

12—Right to object

        (1)         A person who has an interest in the subject land may within 30 days after notice of intention to acquire the land is given or, if an explanation of the reasons for the acquisition is required, within 30 days after the explanation was provided, by written notice—

            (a)         request the Authority not to proceed with the acquisition of the subject land; or

            (b)         request an alteration in the boundaries of the subject land; or

            (c)         request that a particular part of the subject land be not acquired, or that further land be acquired.

        (2)         For the purposes of this section—

            (a)         the registered representative of claimants to, or holders of, native title in land is taken to have an interest in that land; and

            (b)         the relevant representative Aboriginal body is taken to have an interest in the land if—

                  (i)         the land is native title land; and

                  (ii)         there is no native title declaration for the land; and

                  (iii)         —

                        (A)         there are no registered representatives of claimants to native title in the land; or

                        (B)         an Aboriginal group that claims to hold native title in the land and for which there is no registered representative has, in accordance with the regulations, authorised the representative Aboriginal body to act on its behalf.

        (3)         A request may be made under subsection (1)—

            (aa)         on the ground that acquisition of the land or a particular part of the land is not necessary for the purposes of carrying out the undertaking to which the acquisition relates; or

            (a)         on the ground that acquisition of the land or carrying out the purposes for which the acquisition is proposed would—

                  (i)         seriously impair an area of scenic beauty; or

                  (ii)         destroy, damage or interfere with an Aboriginal site within the meaning of the Aboriginal Heritage Act 1988 ; or

                  (iii)         destroy or impair a site of architectural, historic or scientific interest; or

                  (iv)         prejudice the conservation of flora or fauna that should be conserved in the public interest; or

                  (v)         prejudice some other public interest; or

            (b)         on some other ground stated in the request.

        (4)         The Authority must consider any request made to it under this section and must, within 14 days after receipt of the request, serve notice in writing on the person by whom the request was made, indicating whether it accedes to, or refuses, the request.