Land Acquisition Amendment (Miscellaneous) Act 2019 Update

The Land Acquisition (Miscellaneous) Amendment Act 2019 passed the South Australian Parliament in December last year, amending the existing Land Acquisition Act 1969.

These new laws commenced on 2 July and the most significant changes include: 

  • The introduction of a new Part in the Land Acquisition Act 1969 that addressed the acquisition of underground land where the surface is not affected. 
  • The introduction of Solatium payment, compensating an owner occupier of non-financial disadvantage or loss from needing to relocate up to a maximum of 450,000.
  • The introduction of a compulsory settlement conference before proceedings can begin. 
  • AN amendment allowing for an initial upfront payment of $10,000 for landowners to cover professional fees associated with the acquisition. 

You can see the full range of amendments in the new Land Acquisition Act 1969 and Land Acquisition Regulations 2019 on the Legislation SA Website (see link Land Acquisition Act 1969).

Update to the Valuation of Land Regulations

The Office of the Valuer-General (OVG) wishes to advise that due to the regulations expiry process, which applies to all subordinate legislation after a period of 10 years, on Monday 24 August 2020 the Valuation of Land Regulations 2005 will be revoked, and replaced with the Valuation of Land Regulations 2020. The new regulations were published in the Government Gazette on 23 July 2020 and are currently available for your information on the South Australian Legislation website (see link: Valuation of Land Act 1971).

The 2020 Regulations are largely identical to the 2005 Regulations, with a few minor amendments to reflect the passage of time.

These amendments are: 

  • The removal of Regulation 5, Land to be treated as forming part of State Heritage, as the content is already encompassed in section 22B of the Valuation of Land Act 1971 and therefore this regulation is no longer required.
  • Update to Form 3 – Notice of sale or transfer of land – reference to ‘Christian names’ has been replaced with ‘First names’

Please note that all of the forms falling under Schedule 1 of the 2005 Regulations are being updated to reference the 2020 Regulations.

Should you have any enquiries, please contact OVG on 1300 653 346 or via email to DIT.OVGEnquiries@sa.gov.au.