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?
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?