land acquisition

Reviews of decisions made under the Land Acquisition Act 1969

From 5 July 2018, SACAT will have review jurisdiction under the Land Acquisition Act 1969. This will enable reviews of certain decisions relating to the proposed acquisition of land.

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions of a person authorised to compulsory acquire land (for example the Commissioner of Highways):

  • To refuse a request not to proceed with the acquisition of the subject land;
  • To refuse a request for an alteration of the boundaries of the subject land;
  • To refuse a request that a particular part of the subject land not be acquired, or that further land be acquired.

The decision must first have been considered by the relevant authority before the decision can be reviewed by SACAT.

Applications of this kind will be handled by SACAT’s Administrative and Disciplinary Stream.

Time Limits

An application for review of a decision must be lodged:

  • Within 7 days after receiving notice of the refusal of your request

SACAT must complete the proceedings started by your application for review within 14 days of receiving it.

There is no right of appeal to the Supreme Court from a decision of SACAT under this Act.

Before applying to SACAT for a review of a Land Acquisition Authority decision you must:

  1. Have a copy of the decision which you want to challenge – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘acquisition’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au , or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options.

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
  • Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of public at the Tribunal.

Relevant legislation:

Land Acquisition Act 1969 (SA)