South Australian Consolidated Acts

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LAND ACQUISITION ACT 1969 - SECT 23A

23A—Offer of compensation and payment into court

        (1)         When the Authority gives notice of the acquisition of land, it must make an offer to the person or persons whom it believes to be entitled to compensation for the acquisition, stating the amount of compensation the Authority is prepared to pay.

        (2)         The offer must (where appropriate) differentiate between, and quantify, the component of compensation representing the value of the acquired land and the component referable to disturbance or other compensable matters.

        (3)         The Authority must, within seven days after making an offer of compensation, pay the amount offered into the Court.

        (3a)         However, if the Authority has already paid an amount into the ERD Court under Division 1 in relation to the proposed acquisition, the Authority is required only to pay into the Court the amount (if any) by which the amount of the offer exceeds the amount already paid into the ERD Court.

        (4)         Until compensation paid into Court under this section is applied by order of the Court, the money must be invested by the proper officer of the Court in an authorised trustee investment (bearing interest that compounds at intervals of one month or less) and the interest and other accretions accruing on the investment—

            (a)         must be paid to—

                  (i)         the person who would, but for the acquisition of the land, have been entitled to the rents and profits of the land; or

                  (ii)         a body constituted under the law of the State or the Commonwealth as trustee for the claimants to whom the compensation is offered; or

            (b)         must be dealt with in some other manner specified by the Court.



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