Page images
[graphic][subsumed][subsumed][subsumed][merged small][merged small][merged small]

An Act to repeal the Lands Clauses Consolidation Acts,

1847 to 1918, and to make Better Provision for the
Acquisition of Land for Works and Undertakings
of a Public Nature, and for purposes consequent
thereon and incidental thereto.

[Assented to, January 6th, 1926.]
E it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows: PART 1.

PART I. PRELIMINARY PROVISIONS. 1. This Act may be cited as the “ Compulsory Acquisition of Short title. Land Act, 1925."

Cf. 6, 1847, s. 4.

[ocr errors]

2. This Act shall come into force on a date to be fixed by Commencement of proclamation.


Arrangement of

3. The provisions of this Act are arranged as follows :

PART 1.- Preliminary Provisions.
PART 11.—Compensation.
PART Purchase of Land and Determination of

Compensation by Agreement.
PART IV.-Taking of Land and Determination of Disputed

DIVISION 1.-Preliminary Procedure :




Compulsory Acquisition of Land Act.--1925.

DIVISION 11.- Determination of Disputed Claims for

Compensation :
DIVISION 111.---Determination of Compensation where

no Claim made :
Division IV.-Payment and Application of Com-

pensation :
DIVISION V.-Vesting of Land in the Promoters :
DIVISION VI.--Costs under this Part:

DIVISION VII.—General Provisions.

V.—Mortgages, Encumbrances, and Leases.
DIVISION 1.-Mortgages :
DIVISION II.-Encumbrances :

PART VI.--Conveyances.
PART VII.--Powers in Relation to Land.
PART VIII.-Miscellaneous Provisions.

Acts repealed.

4. The Acts mentioned in the Schedule are, to the extent therein mentioned, hereby repealed.

Application and
incorporation of this
6, 1847, s. 1.

5. (1) This Act shall apply to and in respect of every work or undertaking of a public nature authorised by any Act passed since the twenty-sixth day of March, one thousand eight hundred and forty-seven, which authorises the purchase of land or the taking of land compulsorily for the undertaking.

(2) This Act is hereby incorporated with every such Act, and any such Act and this Act shall be read as one Act.

Act to apply notwithstanding Real Property Act.

6. The provisions of this Act shall apply notwithstanding the provisions of the Real Property Act, 1886.

Interpretation of
terms used in this
Cf. ibid., ss. 2, 3.


[ocr errors]

7. (1) In this Act, unless some other meaning is clearly intended

Compensation means any compensation (whether for land

purchased or taken, or for the injurious affection of any land, or otherwise) to which any person is entitled under this Act or the Special Act from the promoters, and includes

the purchase price of any land purchased by agreement : Convey” means convey, transfer, release, assign, surrender,

or otherwise assure, according to the exigencies of the

case :

“ Encumbrance” includes any rent-service, rent-charge, chief

or other rent, or other charge or encumbrance upon land, other than a mortgage :


Compulsory Acquisition of Land Act.



[ocr errors]

Land ” includes any estate or interest (legal or equitable) in 202, 1881, s. 4.

land and any easement, right, power, or privilege in, under, (part).

over, affecting, or in connection with land : “ Lease

includes an agreement for a lease : "Mental defective ” means a mentally defective person within

the meaning of the Mental Defectives Act, 1913, and No. 1122 of 1913.

mental defect” has a corresponding meaning :
Owner," with respect to land, includes any person who, under

this Act or the Special Act, is enabled to sell or convey the

land to the promoters :
Prescribed ” means prescribed or provided for by the Special

“ Promoters,” with respect to an undertaking, means the

persons authorised by the Special Act to execute the

undertaking :
Special Act,” with respect to an undertaking, means the Act

authorising the execution of the undertaking and the

taking of land for the purposes of the undertaking : “ Works” or “ Undertaking ” means the works or undertaking

authorised by the Special Act to be executed, whatever

may be the nature of such works or undertaking. (2) In any Special Act passed before the commencement of Interpretation of

terms defined by this Act, any word or expression defined by The Lands Clauses existing Special Consolidation Act shall have the same meaning as such word or Acts. expression had immediately before the commencement of this Act.

[ocr errors]
[blocks in formation]

Cf. 6, 1847, ss. 22, 63,

COMPENSATION. 8. (1) If any land is purchased or taken under the provisions of Title to compensathis Act or the Special Act by the promoters for the purposes of the Special Act, or is injuriously affected by reason of the execution 68. of the works, every person interested in the land shall, subject to Cf. N.Z., 160, 1908, the provisions of this Act and the Special Act, be entitled to compensation for the same from the promoters. (2) If no claim for the injurious affection of any land is made C. N.S.W., 26, 1900,

8. 43 (3). within five years of the execution of the works, or of the extension or alteration of the works, alleged to cause such injurious affection, such claim shall be deemed to have been waived and abandoned.

8. 35.
Cf. Comm., 26, 1906,
S. 26.

to be deemed the

9. If any question arises respecting the title to any land in respect Party in possession of which any compensation is payable under this Act or the Special owner. Act, the person

in possession of the land as being the owner thereof, 6, 1847, 8. 79. or in receipt of the rents of the land as being entitled thereto, at Cf. Comm., 13, 1906, the time of the land being purchased or taken, shall be deemed to *. 12.

PART 1).

Compulsory Acquisition of Land Act.1925.

Where greater
interest claimed
than from year to
year, lease to be
6, 1847, 8, 109.
Cf. Comm., 13, 1906,

have been entitled to the land until the contrary is shown ; and unless the contrary is so shown, the person so in possession and all persons claiming under him or consistently with his possession, shall be deemed entitled to the compensation and to the interest and dividends of the securities (if any) purchased therewith, and such moneys, interest, and dividends shall be paid and applied accordingly.

10. (1) If any person having a greater interest in any land required for the purposes of the Special Act than as tenant at will claims compensation in respect of any unexpired term or interest under any lease, the promoters may, ky demand in writing, require such

person to produce the lease in respect of which the claim is made, or the oest evidence thereof in his power.

. (2) If the demand is not complied with within twenty-one days after service thereof on the claimant, he shall he deemed to be a tenant holding from year to year, and shall not be entitled to further compensation than as such tenant.


8. 30.

Compensation for
entry and occupa-
tion of land.
Cf. ibid., 8. 31.

11. (1) Where, by reason of the execution of any powers under Part VII. of this Act, the owner or occupier of any land suffers damage he shall be entitled to compensation under this Act.

(2) Where the promoters or any person authorised by them enters into the temporary occupation of any land, the compensation sball include(a) damage of a temporary as well as of a permanent character :

and (b) the value of all clay, stone, gravel, earth, timber, wood,

materials, or things taken for carrying out the undertaking.

Basis of com penisa. tion,

1919, s. 2.

12. In determining the amount of any compensation payable by

the promoters under this Act or the Special Act regard shall be Cf. 1326, 1918, 8. 3 had (subject to this Act and the Special Act) to the following rules : Cf. Imp. Act, c. 57,

(1) In any case where land is taken, regard shall be had toCf. 6, 1847, ss. 49, 63.

(a) the value of the land taken; and
(b) the damage (if any) by reason of the severing of the land

taken from other land of the person entitled to com

pensation ; and (c) the damage (if any) to other land adjoining the land taken

or severed therefrom of the person entitled to compensation by reason of the execution of the works, or of the carrying on or use of the works by the promoters on the

land taken. (2) The value of the land shall, subject as hereinafter provided, be taken to be its value (a) in any case where land is taken, at the beginning of the

period of twelve months prior to the giving by the promoters of the notice to treat ; or

(6) in

« EelmineJätka »