Authorities can come onto any land temporarily without having to acquire the land. The authority must give seven days written notice and can then come onto the land and commence work. This does not apply to land that is:
- a garden or orchard
- within 500 yards of a house
- within 500 yards of land acquired under the Land Acquisition Act 1969 (SA)
An authority temporarily occupying land may amongst other things, take soil samples, deposit material, make and use roads on the land or erect workshops for temporary use [Land Acquisition Act 1969 s 28].
Anyone affected by a temporary occupation can apply to the court for an order that the authority acquire her or his interest in the land, or within three months, apply for compensation. Special provisions apply to native title land. The Land and Valuation Division of the Supreme Court is the court with jurisdiction to hear disputes under this Act.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.