South Australian Consolidated Acts

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LAND ACQUISITION ACT 1969 - SECT 24

24—Entry into possession

        (1)         Where an interest in possession in land is vested in the Authority pursuant to this Act, the Authority must diligently endeavour to obtain agreement as to the terms on which it will enter into possession of the subject land.

        (2)         If at the expiration of three months after the publication in the Gazette of the notice of acquisition, the Authority has failed to obtain agreement upon entry into possession of the subject land, it may apply to the Court for—

            (a)         an order that any person be ejected from the subject land; and

            (b)         such further orders as may be just in the circumstances,

and the Court may make any such order.

        (3)         The period of three months referred to in subsection (2) of this section may be extended by agreement of the parties, or by order of the Court.

        (4)         The Court may, on the application of the Authority, order that any person in possession of land after the expiration of three months from the day on which a notice of acquisition in relation to the land was published in the Gazette, shall pay rent to the Court at a rate fixed by the Court.

        (5)         A person who remains in possession of land acquired under this Act after the expiration of three months from the day on which a notice of acquisition in relation to the land was published in the Gazette shall be deemed to be in possession in pursuance of a tenancy determinable at will by the Authority and subject to such terms and conditions as may be prescribed.



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