South Australia
Land Acquisition Regulations 2004
under the Land Acquisition Act 1969

Contents
1	Short title
2	Commencement
3	Interpretation
4	Forms
5	Authority complies with regulations if executes document under common seal
6	Notice of intention to acquire land
7	Explanation of acquisition scheme may be required
8	Terms and conditions of tenancy at will (section 24(5))
9	Offence of making false statement
Schedule 1—Forms
Schedule 2—Revocation of Land Acquisition Regulations 1991

1—Short title
These regulations may be cited as the Land Acquisition Regulations 2004.
2—Commencement
These regulations will come into operation on 1 September 2004.
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—Authority complies with regulations if executes document under common seal
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.
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; and
	(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; and
	(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; and
	(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 and conditions of tenancy at will (section 24(5))
The terms and conditions on which a person is taken to be in possession of land acquired under the Act as a tenant at will under section 24(5) are—
	(a)	that the tenant, or, where there are more than one, the tenants jointly and severally, are to be taken to have covenanted as follows:
	(i)	on the days and in the manner agreed between the Authority and the tenant, but in default of agreement, then weekly and at the place specified by the Authority for the purpose, to pay rent at a rate that represents a fair economic rate, having regard to the use that, during the currency of the tenancy, will probably be made of the land; and
	(ii)	to keep all fixtures and structures in or on the land in as good a state of repair as those fixtures and structures were at the commencement of the tenancy, reasonable wear and tear and damage by fire, tempest and earthquake only excepted; and
	(iii)	not to make any alteration or addition to the improvements, fixtures or structures in or on the land; and
	(iv)	not to make a use of the land that is, in any material respect, a departure from the use being lawfully made of the land at the commencement of the tenancy; and
	(v)	without affecting the generality of subsubparagraph (iv), 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; and
	(vi)	not to assign, underlet, or charge or part with the possession of the land or any part of the land; and
	(vii)	to permit all duly authorised agents, servants and employees of the Authority at all reasonable times to enter and inspect the land and to make reasonable surveys and other calculations with respect to any undertaking to be carried out by the Authority; and
	(viii)	on the Authority's giving to the tenant or tenants reasonable notice (which must not be less than one month) of determination of the tenancy, and at the expiration of the period of notice, peaceably to surrender the land to the Authority; and
	(ix)	to insure and keep insured, to their full insurable value, in the joint names of the Authority and the tenant or tenants, all improvements, fixtures or structures in or on the land against loss or damage by fire, tempest and earthquake;
	(b)	that the Authority is to be taken to have covenanted with the tenant, or where there are more than one, with the tenants jointly and severally as follows:
	(i)	to permit the tenant or tenants peaceably to hold and use the land until the tenancy is lawfully determined; and
	(ii)	to pay all rates, taxes and other charges and outgoings adjusted, if necessary, in accordance with the date of the commencement of the tenancy;
	(c)	that the Authority may, from time to time, waive, in whole or in part, all or any of the obligations imposed by paragraph (a), on such conditions as it thinks fit;
	(d)	that the obligation imposed by paragraph (b)(i) is binding only so long as the tenant or tenants observe and perform the obligations that are, subject to paragraph (c), imposed by paragraph (a);
	(e)	that the provisions of paragraph (a)(i) apply subject to the operation of section 24(4) of the Act and to any order made under that section.
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.
Penalty: $100.

Schedule 1—Forms
(regulation 4)

Schedule 2—Revocation of Land Acquisition Regulations 1991
The Land Acquisition Regulations 1991 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 19 August 2004
No 173 of 2004
AGO0121/03CS