South Australian Consolidated Acts South Australian Consolidated Acts (1) The Rail
Commissioner may—
(a)
subject to the approval of the Minister—acquire by agreement or
compulsory process any land or interest in land for the purposes of carrying
out railway operations, establishing or maintaining rail infrastructure or any
other purpose connected with this Act; and
Examples—
The powers of acquisition might be used (for example) for any of the following
purposes:
(a) the
erection or installation of plant or equipment for rail infrastructure or
rolling stock;
(b) the
storage of plant, equipment or material used in connection with rail
infrastructure or rolling stock;
(c) the
relocation of residents or businesses displaced by the exercise of any of the
Rail Commissioner's powers.
(b)
subject to the approval of the Minister—sell, transfer, lease or
otherwise deal with or dispose of any land or interest in land vested in the
Commissioner; and
(c)
remove or cut back any tree or other vegetation on or overhanging rail
infrastructure.
(2) The
Land Acquisition Act 1969 applies in relation to the compulsory
acquisition of land under subsection (1).
(3) Subject to
subsection (4), the Development Act 1993 does not apply in relation
to land acquired under this Act.
(4)
Subsection (3) does not apply—
(a) in a
case that involves development in relation to a State heritage place in the
circumstances contemplated by paragraph (e) of the definition
of "development" under the Development Act 1993 (on the basis that the
Development Act 1993 will only apply insofar as is relevant to the State
heritage place); or
(b) in a
case that falls within the ambit of regulations (if any) made for the purposes
of this paragraph.