Land Acquisition Regulations 2019 (SA)

South Australia Land Acquisition Regulations 2019 under the Land Acquisition Act 1969

Contents 1 Short title 3 Interpretation 4 Forms 5 Execution of documents by Authority 6 Notice of intention to acquire land 7 Explanation of acquisition scheme may be required 8 Terms of tenancy 9 Offence of making false statement 10 Valuers conference 11 Settlement conference 12 Prescribed amount (section 26A of Act) 13 Prescribed amount (section 26B of Act) 14 Prescribed amount (section 26C of Act) 15 Prescribed period (section 26D of Act) 15A Report requirements (section 26EA of Act) 16 Prescribed amount (section 26H of Act) Schedule 1—Forms Legislative history

1—Short title These regulations may be cited as the Land Acquisition Regulations 2019. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Land Acquisition Act 1969. 4—Forms (1) The forms set out in Schedule 1 must— (a) be used for the purposes specified in Schedule 1; and (b) be completed in accordance with the instructions contained in the forms. (2) The name of a person signing a form set out in Schedule 1 must be written legibly under or alongside the signature of that person. (3) Where the space provided in a form is insufficient to contain all the required information— (a) the information must be set out in an annexure to the form; and (b) the annexure must have an identifying mark such as a letter or numeral; and (c) the space in the form must contain the statement "See Annexure" together with the distinguishing mark for the annexure, or words to similar effect. (4) A person preparing a notice or offer under these regulations may annex to the notice or offer a map or plan of any land referred to in the notice or offer. (5) A map or plan annexed to a notice or offer in accordance with subregulation (4) has the effect of being part of the notice or offer. 5—Execution of documents by Authority Despite the method of execution prescribed by the forms contained in Schedule 1, it is to be taken to be a sufficient compliance with these regulations if a notice or offer, in any of those forms, is executed by an Authority under its common seal, or by signature (including an electronic signature) of the Authority or, if applicable, the Authority's delegate, or in any other manner permitted by law. 6—Notice of intention to acquire land For the purposes of section 10(2)(b)(ii)(B) of the Act, the following supporting materials must be exhibited: (a) in the case of service by publication in a newspaper or relevant special-interest publication in accordance with the Native Title (South Australia) Act 1994—a copy of an extract from the publication containing the notice and identifying the name of the publication and the date of publication; (b) in the case of service by giving a copy of the notice personally or by post or by some other agreed method in accordance with the Native Title (South Australia) Act 1994—a copy of the notice so served. 7—Explanation of acquisition scheme may be required For the purposes of section 11(2)(b)(iii)(B) and 12(2)(b)(iii)(B) of the Act, an Aboriginal group must authorise the representative Aboriginal body to act on its behalf as follows: (a) the authorisation must be in writing; (b) the authorisation must— (i) name the persons comprising the Aboriginal group claiming native title or otherwise define the Aboriginal group sufficiently clearly so that it can be ascertained whether any particular person is a member of the group; and (ii) state that the Aboriginal group does not have, and is not part of another Aboriginal group that has, a registered representative; and (iii) define the land to which the claim relates with sufficient particularity to enable the boundaries of the area covered by the claim and any areas within those boundaries that are not covered by the claim to be readily identified; and (iv) state the nature of the rights conferred by the native title claimed and the nature of activities that may be carried out pursuant to those rights; and (v) state the factual basis on which it is asserted that the Aboriginal group holds the native title claimed; (c) the authorisation must expressly authorise the representative Aboriginal body to act under section 11 and 12 of the Act on behalf of the group in relation to a specified notice of intention to acquire land to which the native title claim relates; (d) the authorisation must be signed by a member of the group authorised to sign on behalf of the group following either— (i) a process of decision making recognised by the traditional laws or customs of the Aboriginal group; or (ii) a process of decision making agreed to and adopted by the Aboriginal group in relation to the decision or in relation to decisions of that kind. 8—Terms of tenancy (1) For the purposes of section 24(7)(b) of the Act, the terms and conditions determined by the Authority must, subject to any order of the Court to the contrary, include terms and conditions that— (a) prevent improvements affixed to the land or attached to any part of the premises, or any fixtures and fittings, from being removed without the permission of the Authority; and (b) require the premises to be used in the same manner as the existing use of the premises as at the date of acquisition (but only where that use was a lawful use); and (c) require the occupier of the land to maintain (at least) the following insurance: (i) building insurance; (ii) plate glass insurance (commercial tenants); (iii) public liability insurance; and (d) exclude any warranty of fitness for purpose in relation to the premises; and (e) provide that statutory rates and taxes are the responsibility of the Authority after the date of possession; and (f) allow the Authority to review the rent payable no more than once every 12 months; and (g) require the tenant, at the tenant's cost, to keep all fixtures and structures on the land in good state and repair; and (h) allow the Authority to enter the land to carry out any works the Authority reasonably believes are necessary (including a requirement that the Authority must use reasonable endeavours to minimise any disruption to the tenant); and (j) provide that maintenance and repairs, should they be required, are the responsibility of the Authority; and (k) prevent the tenant from assigning, underletting, or charging or parting with the possession of the land or any part of the land; and (l) without limiting paragraph (b), require the tenant not to do, or to permit or suffer to be done, on the land anything that may be or become a nuisance or annoyance to the Authority or to the occupiers of any neighbouring property. (2) Nothing in this regulation limits any other terms and conditions that may be determined by the Authority under section 24(6) of the Act. (3) Nothing in this regulation prevents the Authority from waiving, conditionally or unconditionally, a requirement under a term or condition referred to in this regulation. 9—Offence of making false statement A person who, in a notice in writing served on an Authority pursuant to section 12 of the Act, knowingly makes a statement that is false in a material particular, is guilty of an offence. Maximum penalty: $100. 10—Valuers conference Pursuant to section 23(10) of the Act, the following provisions apply in relation to a valuers conference convened, or to be convened, under that section: (a) no later than 2 weeks prior to the conference, each valuer must provide the other or others a copy of any valuation of the subject land made by the valuer; (b) the valuers must, in accordance with any requirements determined by the Authority (including requirements as to manner and form), prepare and provide to the Authority and the claimant a joint valuers statement in respect of the subject land; (c) a joint valuers statement must include a summary of matters of fact and opinion on which the valuers agree and those on which they disagree, and the reasons for any disagreement; (d) a joint valuers statement is, unless otherwise ordered by the Court, admissible in proceedings between the Authority and the claimant. 11—Settlement conference (1) The Authority must cover the costs of convening a settlement conference under section 23BA of the Act, including the costs of engaging the conference coordinator. (2) For the purposes of section 23BA(2)(b) of the Act, a conference coordinator must be qualified as a legal practitioner and be of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State). (3) For the purposes of section 23BA(4) of the Act, the reasonable costs of the claimant will be taken to be the professional costs reasonably incurred by the claimant in preparing for, or in the course of, a settlement conference, not exceeding— (a) in the case of legal costs—the applicable scale of costs (if any) of a court or tribunal of this State; and (b) in the case of costs relating to the services of a valuer, or other professional costs—the generally accepted industry rate (if any) applicable to such services. 12—Prescribed amount (section 26A of Act) For the purposes of section 26A(1) of the Act, the amount of $50 000 is prescribed. 13—Prescribed amount (section 26B of Act) For the purposes of section 26B(1) of the Act, the amount of $10 000 is prescribed. 14—Prescribed amount (section 26C of Act) For the purposes of section 26C(1) of the Act, the amount of $10 000 is prescribed. 15—Prescribed period (section 26D of Act) (1) For the purposes of section 26D(1)(b) of the Act— (a) if the acquired land was occupied by the owner of the land as the person's principal place of residence at the time the notice of intention to acquire land was given—the period of 24 months from the date of acquisition, or from the date of settlement in the case of an acquisition by agreement, is prescribed; or (b) in any other case—the period of 12 months from the date of acquisition, or from the date of settlement in the case of an acquisition by agreement, is prescribed. (2) For the purposes of section 26D(1)(c) of the Act, the replacement land must be in South Australia. (3) For the purposes of section 26D(2) of the Act, the stamp duty and registration fees are payable in relation to the purchase of replacement land up to, but not exceeding, the market value of the acquired land. (4) Pursuant to section 26D(4) of the Act, where the acquired land was not occupied by the owner of the land, the replacement land— (a) must be of a generally similar nature to the acquired land; and (b) must be purchased under the same ownership structure as the acquired land. 15A—Report requirements (section 26EA of Act) (1) For the purposes of section 26EA(1)(b) of the Act, a report submitted to the Public Works Committee of the Parliament by the Authority must include— (a) details of the general location of the proposed tunnel construction and, if available, the tunnel's layout; and (b) a plan setting out the location of the underground land to be acquired; and (c) details of any premises in relation to which a dilapidation report will be prepared under section 26EA(1)(c) of the Act. (2) For the purposes of section 26EA(1)(b)(i) of the Act, an engineer's report must— (a) be prepared by a prescribed engineer; and (b) set out the monitoring or other measures that are necessary in relation to any prescribed buildings to reasonably mitigate any anticipated impacts resulting from the construction of the relevant tunnel; and (c) comply with any requirements relating to manner and form determined by the Authority. (3) For the purposes of section 26EA(1)(c) of the Act, a dilapidation report must— (a) be prepared by a person who holds a qualification or has experience of a kind determined by the Authority; and (b) set out the physical condition of any premises specified in a report submitted under section 26EA(1)(a) of the Act, including internal and external photographs or video footage of the premises; and (c) be prepared no earlier than three months, or such other time as may be specified by the Authority, before the commencement of construction of the section of the tunnel relevant to the particular premises; and (d) comply with any requirements relating to manner and form determined by the Authority. (4) A dilapidation report under section 26EA(1)(c) of the Act may, if the Authority considers it necessary or appropriate, be updated at any time. (5) In this regulation— prescribed building means a building that, in the opinion of the Authority, is particularly sensitive to vibration or settlement arising from construction activities, including (but not limited to) schools, hospitals and underground fuel infrastructure, but does not include structures or other infrastructure relating to the provision of utility services; prescribed engineer means a person who— (a) holds a qualification of a kind determined by the Authority; and (b) who, since obtaining the relevant qualification, has had no less than 10 years' experience as an engineer in that field of qualification. 16—Prescribed amount (section 26H of Act) For the purposes of section 26H(3) of the Act, the amount of $50 000 is prescribed.