South Australian Consolidated Acts

HIGHWAYS ACT 1926 - SECT 20BA

20BA—Acquisition in case of hardship

        (1)         The owner of any land may apply to the Minister for the grant, by the Minister, of a certificate in respect of that land and, subject to this section, the Minister may grant such a certificate but no proceedings shall be instituted or heard in any court or tribunal in respect of the grant of such a certificate or the failure or refusal of the Minister to grant such a certificate.

        (2)         The Minister shall not grant a certificate in respect of any land unless, upon such evidence as he considers adequate, he is satisfied that—

            (a)         there is a possibility that the whole or part of the land may be required by the Commissioner for the purposes of this Act; and

            (b)         by reason of that possibility the value of the land is adversely affected; and

            (c)         by reason of the fact that the value of the land is adversely affected, the owner of the land has suffered or may suffer hardship.

        (3)         Upon a certificate being granted under subsection (1) of this section in respect of any land the Commissioner shall acquire that land and this Act shall apply to and in relation to the acquisition by the Commissioner as if—

            (a)         the acquisition had been approved by the Minister; and

            (b)         the land is to be acquired for use in connection with operations which the Commissioner is authorised by this Act to carry out.

        (4)         Nothing in this section shall be read as affecting, limiting or restricting any power or function in relation to land conferred on the Commissioner otherwise than under this section.