South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 20

20—Application for determination if no agreement

        (1)         If agreement is not reached between the Authority and the native title parties within six months after notice of intention to acquire the land is given, any party may apply to the ERD Court for a resolution of the matter.

        (2)         On an application under this section, the ERD Court may determine whether the Authority may acquire the land and, if so, the conditions on which the acquisition is to proceed (but a final determination of compensation cannot be made at this stage). ¹

        (3)         A determination may, if the parties agree—

            (a)         reserve a question that is not reasonably capable of being determined immediately for further negotiation between the parties; or

            (b)         provide for determination of such a question by arbitration or in some other specified manner.

        (4)         If a question is referred to arbitration or some other form of non-judicial dispute resolution, and procedural or other difficulties arise, the ERD Court may—

            (a)         give directions to resolve the difficulties; or

            (b)         remove the dispute into the ERD Court and resolve the question itself.

        (5)         If, on an application under this section, the ERD Court is satisfied that the Authority has not negotiated in good faith, the Court must not make a determination on the application in favour of the Authority.

        (6)         An application under this section does not prevent negotiations from continuing between the Authority and the native title parties and, if agreement is reached between them before the ERD Court makes its determination, the application lapses.

        (7)         The ERD Court must make its determination under this section as quickly as practicable.

Note—

1         Compensation is determined under Division 2 of Part 4.