{"id":"aukus-land-acquisition-act-2024","name":"AUKUS (Land Acquisition) Act 2024","slug":"aukus-land-acquisition-act-2024","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31587,"registerId":"sa-aukus-land-acquisition-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"AUKUS (Land Acquisition) Act 2024","content":"South Australia\nAUKUS (Land Acquisition) Act 2024\nAn Act to facilitate the AUKUS submarine project by providing for the acquisition of certain land.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tApplication of Act\n5\tCertain requirements not to apply in relation to Act\nPart 2—Acquisition of project land\n6\tAcquisition of project land\n7\tRevocation of status of project land as community land\n8\tClosure of roads\nPart 3—Compensation\n9\tCompensation\nPart 4—Miscellaneous\n10\tDuties of Registrar‑General\n11\tStamp duty not payable\n12\tRegulations\nSchedule 1—Project land\n1\tProject land\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the AUKUS (Land Acquisition) Act 2024.\n2—Commencement\nThis Act comes into operation on a day to be fixed by proclamation.\n3—Interpretation\nIn this Act—\nproject land means the land specified in Schedule 1;\nroad has the same meaning as in the Local Government Act 1999;\nUrban Renewal Authority means the Urban Renewal Authority under the Urban Renewal Act 1995.\n4—Application of Act\n\t(1)\tThis Act has effect despite any other Act or law of the State.\n\t(2)\tThis Act applies to land notwithstanding the provisions of the Real Property Act 1886.\n\t(3)\tThe Land Acquisition Act 1969 and the Local Government Act 1999 do not apply to the acquisition or vesting of the project land under this Act.\nNote—\nNothing in this Act affects the operation of any Commonwealth law or authorises the Minister to affect any right, title or interest held by the Crown in right of the Commonwealth.\n5—Certain requirements not to apply in relation to Act\nExcept as may be prescribed by the regulations, no—\n\t(a)\tassessment, decision, consent, approval, authorisation, certificate, licence, permit or permission; or\n\t(b)\tconsultation, notification or other procedural step,\nis required under a law of the State in connection with any action taken under this Act or the performance of functions under this Act.\nPart 2—Acquisition of project land\n6—Acquisition of project land\n\t(1)\tThe project land is, by force of this section, vested in the Urban Renewal Authority in fee simple and, subject to subsection (2), free from all dedications, encumbrances, estates and interests.\n\t(2)\tDespite subsection (1), the project land remains subject to the following easements (being easements entered on the relevant certificate of title before the commencement of this section):\n\t(a)\tin relation to that part of the project land referred to in Schedule 1 clause 1(a)—\n\t(i)\tthe easement(s) over the land marked B on F256772 for Sewerage Purposes to South Australian Water Corporation;\n\t(ii)\tthe easement(s) over the land marked D on F256772 to Distribution Lessor Corporation (subject to Lease 8890000);\n\t(iii)\tthe easement(s) over the land marked T on F256772 to Transmission Lessor Corporation of 1 undivided 2nd part (subject to Lease 9061500) and Electranet Pty. Ltd. of 1 undivided 2nd part;\n\t(iv)\tthe easement(s) over the land marked V on F256555 for sewerage purposes to South Australian Water Corporation;\n\t(v)\tthe easement(s) over the land marked W on F256555 for water supply purposes to South Australian Water Corporation;\n\t(b)\tin relation to that part of the project land referred to in Schedule 1 clause 1(b)—\n\t(i)\tthe easements(s) over the land marked E on DP 87145 for electricity supply purposes to Distribution Lesser Corporation (subject to lease 8890000);\n\t(ii)\tthe easement(s) over the land marked T on DP 87145 to Transmission Lessor Corporation of 1 undivided 2nd part (subject to Lease 9061500) and Electranet Pty. Ltd. of 1 undivided 2nd part;\n\t(iii)\tthe easement(s) over the land marked H and Q (no purposes listed) on DP87145;\n\t(c)\tin relation to that part of the project land referred to in Schedule 1 clause 1(c)—\n\t(i)\tthe easement(s) over the land marked T on F256772 to transmission lessor corporation of 1 undivided 2nd part (subject to lease 9061500) and Electranet Pty. Ltd of 1 undivided 2nd part;\n\t(ii)\tthe easement(s) over the land marked V on F256555 for sewerage purposes to South Australian Water Corporation;\n\t(iii)\tthe easement(s) over the land marked W on F256555 for water supply purposes to South Australian Water Corporation.\n7—Revocation of status of project land as community land\nThe classification of any part of the project land as community land under the Local Government Act 1999 is, by force of this section, revoked.\nNote—\nSee Chapter 11 Part 1 Division 3 of the Local Government Act 1999.\n8—Closure of roads\n\t(1)\tAny road comprising part of the project land is, on the vesting of the project land under section 6 and by force of this section, closed.\n\t(2)\tThe dedication of any part of the project land as a road is, on the vesting of the project land under section 6 and by force of this section, revoked.\nPart 3—Compensation\n9—Compensation\n\t(1)\tThe City of Port Adelaide Enfield is entitled to compensation for the acquisition of the project land under this Act in an amount equal to the market value of the project land.\n\t(2)\tWithout limiting subsection (1), compensation under this section may consist of, or include, non-monetary compensation.\n\t(3)\tThe Urban Renewal Authority must cause a valuation of the project land to be undertaken for the purpose of determining the market value of the project land.\n\t(4)\tThe following provisions apply in relation to a valuation of the project land under subsection (3):\n\t(a)\tthe valuation must be conducted by an independent licensed valuer jointly agreed upon by the Urban Renewal Authority and the City of Port Adelaide Enfield (or, if a valuer cannot be so agreed upon within 30 days, by an independent licensed valuer appointed by the Valuer‑General);\n\t(b)\tthe valuer is to act as an expert and not as an arbitrator;\n\t(c)\tthe costs of the valuation are to be borne by the Urban Renewal Authority.\n\t(5)\tFor the purposes of this section, a reference to the market value of the project land will be taken to be a reference to the estimated amount for which the project land should exchange immediately before the commencement of section 6 between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion.\nPart 4—Miscellaneous\n10—Duties of Registrar‑General\n\t(1)\tThe Registrar‑General must, at the direction of the Minister, take such action as may be required by the Minister for or in connection with—\n\t(a)\tthe issue, alteration, correction or cancellation of certificates or other documents of title; or\n\t(b)\tthe making, recording, alteration, correction or cancellation of entries or endorsements in the Crown land register or in the Register Books, as may be necessary or expedient for the purposes of this Act; or\n\t(c)\tthe deposit of any plan in the Lands Titles Registration Office.\n\t(2)\tIf the Minister directs the Registrar‑General to take action under this Act to give effect to a determination or action of the Minister, the Minister will, if required by the Registrar‑General—\n\t(a)\tfurnish the Registrar‑General with any map or plan required by the Registrar‑General to give effect to the determination or action; or\n\t(b)\tfurnish the Registrar‑General with any document required by the Registrar‑General in relation to the determination or action.\n11—Stamp duty not payable\nNo stamp duty is payable under a law of the State in respect of the acquisition of the project land under this Act.\n12—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tmodify or exclude the application of any Act (or a provision of an Act) or law in connection with operation of this Act; and\n\t(b)\tbe of general or limited application; and\n\t(c)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(d)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(e)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body.\nSchedule 1—Project land\n1—Project land\nThe project land is comprised of the following:\n\t(a)\tthe whole of the land contained in Certificate of Title Volume 6282 Folio 169;\nNote—\nThis land is Allotment (Reserve) 777 on Deposited Plan 87145.\n\t(b)\tthe whole of the land contained in Certificate of Title Volume 6088 Folio 193;\nNote—\nThis land is Allotment (Reserve) 501 on Deposited Plan 87145.\n\t(c)\tthe whole of the land contained in Certificate of Title Volume 6282 Folio 172;\nNote—\nThis land is Allotment (Reserve) 801 on Deposited Plan 76925.\n\t(d)\tthe whole of the land contained in Certificate of Title 6231 Folio 22.\nNote—\nThis land is Allotment (Road) 601 on Deposited Plan 121984.\n\nThis map is provided for ease of reference only.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2024\n13\nAUKUS (Land Acquisition) Act 2024 \n16.5.2024\n30.5.2024 (Gazette 30.5.2024 p1285)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The full text of the Act was not available for review, so no comparison between original intent and enacted provisions can be made. The score of 'false' reflects an inability to determine change, not a conclusion that scope remained the same."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error","Analysis is based solely on the Act's title, making meaningful complexity assessment impossible","Land acquisition legislation is typically moderately complex (constitutional acquisition powers, compensation frameworks, appeals processes), but this cannot be confirmed without the actual text","AUKUS-related legislation may intersect federal and state jurisdiction, potentially adding legal complexity — but again, unverifiable from available content"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've attempted to analyse — the **AUKUS (Land Acquisition) Act 2024** (South Australia) — could **not be retrieved**. The link provided returned a **404 \"Page Not Found\" error** from the South Australian legislation website, meaning the actual text of the Act was not accessible.\n\n### What we know from the title alone:\n- This Act relates to **AUKUS** — the trilateral security partnership between **Australia, the United Kingdom, and the United States**, which includes plans for nuclear-powered submarines to be based at **OSBORNE in South Australia** and potentially **HMAS Stirling in Western Australia**.\n- A **land acquisition** Act would typically give the government legal powers to **compulsorily acquire (take ownership of) private or other land** to make way for AUKUS-related infrastructure — such as submarine bases, support facilities, or construction yards.\n- This would likely affect **landowners, businesses, and residents** in areas earmarked for AUKUS development, particularly around **Osborne Naval Shipyard** in South Australia.\n\n### ⚠️ Important caveat:\nWithout the actual legislative text, **no reliable legal analysis can be provided**. The summary above is based solely on the Act's title. Do not rely on this for legal decisions."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act is targeted to acquire and vest the specific parcels listed in Schedule 1 in the Urban Renewal Authority to facilitate the AUKUS submarine project, with express overrides of State property laws (s4) and preservation of Commonwealth Crown rights (note to s4). It does not expand beyond those listed lands or purport to alter Commonwealth interests; its scope is limited to title, easements, compensation and related administrative steps (s6, s9, s10)."},"complexity_factors":["Broad non‑application/override of other State laws (s4(1)–(3)) increases legal interaction complexity with existing frameworks.","Explicit retention of specified easements while vesting fee simple title to the Urban Renewal Authority (s6(1)–(2); Schedule 1) adds drafting and implementation detail.","Large procedural exemptions removing statutory approvals, consultations, and notifications unless regulations allow otherwise (s5) creates administrative and compliance uncertainty.","Compensation mechanism requires an independent licensed valuer, expert determination standard, and valuation costs borne by the Authority (s9(3)–(4)), but allows non‑monetary compensation (s9(2)), complicating settlement options.","Registrar‑General must act at Ministerial direction to alter titles and registers (s10), concentrating operational discretion in the executive.","Regulation‑making power can modify or exclude other Acts and delegate determinations to Minister or other persons (s12(2)(a),(e)), expanding administrative reach and potential variability.","Exemption from stamp duty (s11) and revocation of community‑land status (s7) produce fiscal and local government impacts to be reconciled.","Closure and de‑dedication of roads occurring by force of vesting (s8) has immediate cadastral and access consequences tied to the vesting event."],"plain_english_summary":"This Act vests the specific parcels listed in Schedule 1 in the Urban Renewal Authority to enable the AUKUS submarine project, revoking any community‑land classification and closing roads on those parcels. It disapplies many State land and procedural laws, requires the Authority to procure a market valuation and compensate the City of Port Adelaide Enfield (monetary or non‑monetary), directs title and registry adjustments, and exempts stamp duty."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the AUKUS submarine project through specific land acquisition. The scope has not expanded beyond the four identified parcels of land in Port Adelaide Enfield. While the Act contains broad regulation-making powers (s.12) and a sweeping 'despite any other Act' clause (s.4), these are standard enabling provisions for this type of special-purpose acquisition legislation rather than evidence of scope creep. The Act does not create ongoing institutional structures or extend to future acquisitions."},"complexity_factors":["Short length (12 sections plus Schedule)","Only 3 defined terms in the interpretation section ('project land', 'road', 'Urban Renewal Authority')","Minimal cross-referencing — primarily references to external Acts (Local Government Act 1999, Real Property Act 1886, Land Acquisition Act 1969) to state they don't apply","Straightforward conditional logic: single main condition in s.6(2) preserving specific easements, with clear sub-paragraphs for each land parcel","No nested exceptions or complex provisos — the easement preservation in s.6(2) is the only significant qualification to the main vesting provision","Specific land identification via Schedule 1 using standard title references (Volume/Folio numbers) rather than complex descriptive boundaries"],"plain_english_summary":"**What this law does:**\n\nThis Act allows the South Australian government to take ownership of specific parcels of land needed for the AUKUS submarine project — the defence partnership between Australia, the UK, and the US. The land is transferred automatically (\"by force of this section\") to the Urban Renewal Authority, a government body, without needing to follow the usual land acquisition processes.\n\n**Who it affects:**\n\n- **The City of Port Adelaide Enfield**: This local council currently owns or controls the land (mostly reserves and roads). They lose ownership but receive compensation equal to market value.\n- **Utility companies**: Some easements (legal rights to use land for pipes, wires, etc.) remain in place for SA Water, ElectraNet, and electricity distribution companies.\n- **The general public**: Any public roads on this land are automatically closed, and any \"community land\" status (which usually protects public open space) is revoked.\n\n**Key features:**\n\n- **Bypasses normal rules**: The Act explicitly overrides other laws, including the usual *Land Acquisition Act 1969* and *Local Government Act 1999*. No planning approvals, environmental assessments, or public consultations are required.\n- **Automatic transfer**: The land vests in the Urban Renewal Authority the moment the Act starts, free of most restrictions.\n- **Compensation**: The council gets paid market value, determined by an independent valuer agreed by both parties (or appointed by the Valuer-General if they can't agree).\n- **No stamp duty**: The transfer doesn't attract stamp duty (a tax usually payable on property transactions).\n\n**Why it matters:**\n\nThis is a \"fast-track\" law that prioritises defence infrastructure over usual planning and property rights. It shows how governments can use legislation to override standard legal protections when they deem it necessary for major national security projects. The Act strips away procedural safeguards that normally apply when government takes private or council-owned land."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aukus-land-acquisition-act-2024","history":"/api/acts/aukus-land-acquisition-act-2024/history","analysis":"/api/acts/aukus-land-acquisition-act-2024/analysis","conflicts":"/api/acts/aukus-land-acquisition-act-2024/conflicts","importantCases":"/api/acts/aukus-land-acquisition-act-2024/important-cases","documents":"/api/acts/aukus-land-acquisition-act-2024/documents"}}