South Australian Consolidated Acts South Australian Consolidated Acts23—Negotiation of compensation
(1) The Authority must
negotiate in good faith with interested persons about the compensation payable
for the acquisition of land under this Act.
(3) If a party to the
negotiations holds or held, or claims to hold or to have held, native title in
the land, and either the party or the Authority requests the ERD Court to do
so, the Court must mediate between the parties to assist in obtaining their
agreement on the matters at issue between them.
(4) The Authority may
offer non-monetary compensation.
Example—
The non-monetary compensation might take the form of a transfer of land, the
provision of goods or services, or the carrying out of work for the
re-instatement or improvement of land remaining in the claimant's ownership
after the acquisition.
(5) If a party to the
negotiations who is the holder of native title in the land requests
non-monetary compensation, the Authority must—
(a)
consider the request; and
(b)
negotiate in good faith with the party in relation to the request.
(6) The Authority's
liability to pay compensation under this Act for the acquisition of land is
reduced by the value of non-monetary compensation provided at the request of,
or by agreement with, the person to whom the liability is owed.