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SA Onkaparinga Council Acquiring Land - Property Rights?

Discussion in 'Property Law Forum' started by Leon Rowley, 20 July 2015.

  1. Leon Rowley

    Leon Rowley Member

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    Considering the numerous compulsory provisions of legislation LAA 1969 as per the link http://www.austlii.edu.au/au/legis/sa/consol_act/laa1969174/ together with the direction given in:

    LAND ACQUISITION ACT 1969 - SECT 8
    8— Real Property Act does not derogate from application of Act

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

    I am confused as to why the Onkaparinga Council claim the subject easements were acquired pursuant to this alone: http://www5.austlii.edu.au/au/legis/sa/consol_act/rpa1886178/s96.html

    This has further been exacerbated by official government and agency including the Ombudsman and ICAC Commissioner advising that there has been no administrative error or unlawful acquisition of easement land.

    Can government or its agencies acquire land or property rights in South Australia, without complying with the only legislation for the purpose and without negotiating compensation in accordance with the provisions of the LAA 1969?
     
  2. Ivy

    Ivy Well-Known Member

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  3. Leon Rowley

    Leon Rowley Member

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    Thanks Ivy, but All responsible officers are saying that the easements were not acquired by compulsory acquisition and that Land Acquisition Act 1969 did not apply, there is no other legislation for the acquisition of land or property rights in SA. They claim the acquisitons were made pursuant to Sec 96 Transfers of Real Property Act 1886 alone, yet even the ICAC wrote, that RPA 1886 was not an Act concerned with the acqusition of land or property rights, but that it was not neccessary for Council to comply with LAA 1969. That is my dilemma.
     

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