Anyone who has land acquired is entitled to compensation to the value of the land and any loss suffered. If the value of the land and the amount of compensation is unable to be determined, the Authority must, at the request of the person affected, convene a valuers conference [Land Acquisition Act 1969 (SA) s 23(7)]. The valuers conference is a meeting between valuers who have made separate valuations of the land, to determine a valuation of the land that is acceptable to both valuers.

When a notice of acquisition is served, if an agreement can be reached with the people affected, the authority must file a copy of the agreement in the court. If an agreement cannot be reached either the authority or anyone affected by the notice can apply to the General Division of the Supreme Court to resolve the matter.

Both the authority and the land owner must negotiate in good faith in relation to the compensation payable for the acquisition of land. If the parties fail to negotiate in good faith, the court may take this into account when awarding costs [see Land Acquisition Act 1969 (SA) s 23(1) and s 36(b)(iii)].

A person to whom an offer of compensation is made must respond to the offer in writing within six (6) months from the date of the offer of compensation [see Land Acquisition Act 1969 (SA) s 23AB]. A person may apply for a longer period of time in which to respond to the offer of compensation.

In the event that an amount of compensation does not exceed $50 000, the payment of compensation may be made directly to the land owner in a manner determined by the Authority, rather than being paid into the Supreme Court (see section 26A of the Land Acquisition Act 1969 (SA)).

The authority may also make a payment (up to the sum of $10,000) to the land owner for payment toward professional costs relating to the acquisition of the land, including legal costs, and valuation costs [Land Acquisition Act 1969 (SA) s 26B].

Replacement Land

If the authority has acquired land under the provisions of the Land Acquisition Act 1969 (SA) and the person who was the owner of the acquired land has purchased other land to replace the acquired land (within 24 months of the land acquisition (principal place of residence) or 12 months in any other case) the authority may pay transfer costs in relation to the purchase of the replacement land (i.e. stamp duty, transfer registration fees etc.) [see Land Acquisition Act 1969 (SA) s 26D(2)]. An application for payment of the transfer costs in relation to the replacement land must be made within 24 months of the land acquisition by the authority [s 26D(3)(b)], and the replacement land must be generally similar in nature to the acquired land and purchased in the same ownership structure as the acquired land [see Land Acquisition Act 1969 (SA)s 26D(4) and Land Acquisition Regulations 2019 (SA) r 15].

Residential Tenants

After a notice of intention to acquire land is given to a person who is a residential tenant of the land, but before the land is acquired (or the authority takes possession of the land), the authority may pay the residential tenant a sum for relocation costs (up to the amount of $10,000) [Land Acquisition Act 1969 (SA) s 26C(1)]. If the residential tenant accepts a payment toward relocation costs they will not be eligible for further compensation [s 26C(2)].