South Australian Current Acts South Australian Current Acts62A—Right to require acquisition of land
(1) If the activities
of a tenement holder on land substantially impair the owner's use and
enjoyment of the land, the owner may apply to the Supreme Court for an order
under this section.
(2) The Court may, on
an application under this section, if the Court considers it to be just and
appropriate in the circumstances of the particular case—
(a) make
an order transferring the owner's land to the holder of the relevant
mineral tenement; and
(b)
order the holder of the relevant mineral tenement to pay to the owner, by way
of compensation, after taking into account (to such extent as the Court
considers appropriate) any compensation or other amounts that have been paid
to the owner under the other provisions of this Act—
(i)
an amount equivalent to the market value of the land; and
(ii)
a further amount the Court considers just by way of
compensation for disturbance; and
(c) make
such other ancillary or related orders as the Court thinks fit.
(3) This section does
not apply in relation to an exploration licence.