South Australian Consolidated Acts

LAND ACQUISITION ACT 1969 - SECT 28

28—Temporary occupation

        (1)         The Authority may temporarily occupy and use any land to which this section applies for purposes authorised by an Act and may—

            (a)         take therefrom any stone, gravel, earth or other material; or

            (b)         deposit any material on the land; or

            (c)         make cuttings or excavations on the land; or

            (d)         make and use roads on the land; or

            (e)         manufacture on the land any materials required for those purposes; or

            (f)         erect workshops, sheds and buildings of a temporary character on the land.

        (1a)         However, the Authority is not authorised to take stone, gravel, earth or other material from land for the purpose of—

            (a)         extracting, producing or refining minerals from it; or

            (b)         processing it by non-mechanical means. ¹

        (2)         The Authority must, at least 7 days before entering into temporary occupation of land under subsection (1), give notice to the owner and occupier of the land. ²

        (3)         A person interested in the land may apply to the Court for an order that the Authority acquire his interest in the land.

        (4)         The Court, if it is satisfied that it is just to do so may order the Authority to acquire the interest upon such terms and conditions as may be determined by the Court, and may make such incidental or consequential orders as the Court thinks fit.

        (5)         The land to which this section applies is land that is—

            (a)         within 500 metres of the boundaries of land acquired under this Act; and

            (b)         is not a garden, orchard or plantation attached or belonging to a house, or a park, planted walk, avenue or ground ornamentally planted; and

            (c)         is not within 500 metres of a place genuinely used as a place of residence.

Notes—

1         The purpose is to ensure that the authorisation conferred by subsection (1)(a) does not amount to an authorisation to mine within the meaning of the Native Title Act 1993 (Cwth). See the definition of "mine" in section 253 of that Act.