South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 23C

23C—Reference of matters into court

        (1)         The Authority or a claimant may refer a question arising in the course of negotiations into Court.

        (2)         On the reference of a matter into the Court, the Court may—

            (a)         if of the opinion that the question should be the subject of further negotiation—adjourn the matter to allow further negotiation to take place; or

            (b)         make any order necessary to resolve the question.

        (3)         In particular—

            (a)         if there is a dispute about whether the claimant is interested in the subject land, or the nature of the claimant's interest—the Court may, subject to subsection (4), declare whether the claimant has an interest in the subject land and, if so, the nature of the interest; and

            (b)         the Court may make orders for compensation that the Court finds to be justified on the claim; and

            (c)         the Court may make other orders that may be just in the circumstances of the case.

        (4)         If a claimant claims compensation on the basis that native title exists or existed in the subject land but the existence of the native title has not been established by a native title declaration, the Court will not itself proceed to determine the native title question but—

            (a)         if the Authority does not dispute that native title exists or exists in the subject land as claimed—determine the claim for compensation on the basis that native title exists or existed as the claimant asserts; or

            (b)         if the claim to native title in the subject land is disputed—defer consideration of the matter—

                  (i)         to allow the claimant a reasonable opportunity to make a native title claim under the appropriate law of the Commonwealth or the State; and

                  (ii)         if a native title claim is made, to allow time for the resolution of the claim.

        (5)         If a claimant fails to avail itself of an opportunity allowed under subsection (4), the Court may reject the claim for compensation (but the rejection of a claim under this subsection does not preclude a further claim for compensation if the claimant's claim to hold native title in the subject land is later established).