South Australia
Land Acquisition Regulations 1991
under the Land Acquisition Act 1969

Contents
1	Citation
2	Commencement
3	Revocation
4	Interpretation
5	Forms
6	Authority complies with regulations if executes document under common seal
6A	Time within which adequacy of compensation may be disputed
7	Terms and conditions of tenancy at will pursuant to s. 24(5)
8	Offence of making false statement
Schedule 1—Forms
Legislative history

1—Citation
These regulations may be cited as the Land Acquisition Regulations 1991.
2—Commencement
These regulations will come into operation on 1 July 1991.
3—Revocation
All regulations previously made under the Land Acquisition Act 1969 are revoked.
4—Interpretation
In these regulations—
the Act means the Land Acquisition Act 1969.
5—Forms
	(1)	The forms set out in the Schedule must—
	(a)	be used for the purposes specified in the Schedule; 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 the Schedule 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.
6—Authority complies with regulations if executes document under common seal
Notwithstanding the method of execution prescribed by the forms contained in the Schedule, 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.
6A—Time within which adequacy of compensation may be disputed
	(1)	For the purposes of section 23B(2) of the Act, a notice disputing the adequacy of an offer of compensation made by an Authority must be given to the Authority by the claimant within two months after the making of the offer.
	(2)	The period may be extended by agreement between the Authority and the claimant or by order of the Court.
7—Terms and conditions of tenancy at will pursuant to s. 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.
8—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 5)

Form 1:	Notice of intention to acquire land	
Form 2:	Notice of intention to acquire native title in land for purpose of conferring rights or interests on third party	
Form 3:	Notice of amendment of notice of intention to acquire land	
Form 4:	Notice of determination not to proceed with acquisition of land	
Form 5:	Notice of acquisition	
Form 6:	Offer of compensation	
Form 7:	Notice of intention to enter land	
Form 8:	Notice of intention to enter into temporary occupation of land	
Form 9:	Notice to deliver documents for inspection	

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1991	81	Gazette 20.6.1991 p1958	1.7.1991:  r 2 	
1995	190	Gazette 12.10.1995 p1029	9.5.1996: r 2	
Provisions varied
New entries appear in bold.
Provision	How varied	Commencement	
r 6A	inserted by 190/1995 r 3	9.5.1996	
Sch	substituted by 190/1995 r 4	9.5.1996