South Australian Consolidated Acts

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LAND ACQUISITION ACT 1969 - SECT 12A

12A—Right of review

        (1)         A person who makes a request under section 12 in relation to a proposed acquisition may, within 7 days of being served with a notice indicating that the Authority has refused the request, or within such longer period as the Minister may in his or her absolute discretion allow in any particular case, apply in writing to the Minister for a review of the decision.

        (2)         An application for review must be made in a manner and form determined by the Minister.

        (3)         On receiving an application under this section the Minister will conduct the review or will appoint a suitable person to conduct the review on the Minister's behalf.

        (4)         The merits or otherwise of the undertaking to which the proposed acquisition relates cannot be called into question in a review under this section.

        (5)         The person conducting a review under this section may conduct the review in such manner as he or she thinks fit, including the holding of public hearings if he or she thinks appropriate.

        (6)         If the Minister conducts the review, it must be completed within 14 days of the Minister's receipt of the application.

        (7)         If the review is conducted by a person on the Minister's behalf, the review must be completed, and the reviewer's report furnished to the Minister, within 14 days of his or her appointment.

        (8)         On completion of a review, the Minister may confirm, vary or reverse the decision the subject of the review.

        (9)         A decision made on a review, or the manner in which a review is conducted, is not itself subject to review by a court or tribunal.

        (10)         In this section—

"Minister" means the Minister responsible for the administration of the Act under which the Authority in question is empowered to make the proposed acquisition.



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