{"id":"lands-for-public-purposes-acquisition-act-1914","name":"Lands for Public Purposes Acquisition Act 1914","slug":"lands-for-public-purposes-acquisition-act-1914","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105690,"registerId":"sa-lands-for-public-purposes-acquisition-act-1914-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Lands for Public Purposes Acquisition Act 1914","content":"South Australia\nLands for Public Purposes Acquisition Act 1914\nAn Act to provide for the acquisition by the Crown of lands for public purposes, and for purposes consequent thereon and incidental thereto.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tAct not to apply to public parks\n4\tGovernor may declare any purpose to be a public purpose\n5\tAppointment of promoter of undertaking and holder of lands\n6\tPower to acquire lands required for a public purpose\n7\tIncorporation of Compulsory Acquisition of Land Act 1925\n8\tPromoter of the undertaking to have powers of promoters under incorporated Acts\n11\tProceedings to be adopted where land vests in His Majesty\n17\tPower to dispose of surplus land\n18\tMoneys to be paid out of funds voted by Parliament\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Lands for Public Purposes Acquisition Act 1914.\n2—Interpretation\nIn this Act, unless inconsistent with the context or some other meaning is clearly intended—\nconvey means convey, transfer, release, assign, or otherwise assure, according to the exigencies of the case;\nland includes messuages, tenements, and hereditaments and houses and buildings, and also includes any estate or interest (legal or equitable) in land, and any easement, right, power, or privilege in, under, over, affecting, or in connection with land;\nowner includes, with respect to any land, any person having any estate or interest (legal or equitable) in the land, or any easement, right, power, or privilege in, under, over, affecting, or in connection with the land, or by the Compulsory Acquisition of Land Act 1925 enabled to sell and convey such estate, interest, easement, right, power, or privilege;\nproclamation means proclamation made by the Governor and published in the Government Gazette;\npromoter of the undertaking means the promoter of the undertaking appointed by the proclamation with regard to the particular public purpose;\npublic purpose means a purpose declared by the Governor, by proclamation under this Act, to be a public purpose.\n3—Act not to apply to public parks\nThis Act does not apply to any lands which—\n\t(a)\tare, or are situated within, a public park or park lands, or a place reserved or dedicated for the use and enjoyment of the inhabitants of the State, or any part thereof; and\n\t(b)\tare vested in, or are under the control of, any Municipal Corporation or Municipal or District Council.\n4—Governor may declare any purpose to be a public purpose\nThe Governor may by proclamation declare any of the following purposes to be a public purpose, namely—\n\tI\tthe providing of offices and other buildings and premises for carrying on the Government of the said State or any Department or Departments of the Government of the said State;\n\tII\tany work or undertaking which the Government of the said State are by any Act or law empowered to carry out, but for which there is no power (except this Act) to acquire land;\n\tIII\tany purpose which both Houses of Parliament, during the same or different sessions of any Parliament, resolve shall be a public purpose within the meaning of this Act,\nand thereupon such purpose shall be deemed to be an undertaking within the meaning of the Compulsory Acquisition of Land Act 1925 and the Acts amending that Act, as if it were an undertaking authorised by Act of Parliament.\n5—Appointment of promoter of undertaking and holder of lands\nBy the proclamation whereby a purpose is declared to be a public purpose, or by a subsequent proclamation, the Governor—\n\t(a)\tmay appoint some person, or the holder for the time being of some specified office, to be, in respect of such public purpose, the promoter of the undertaking for the purposes of this Act; and\n\t(b)\tmay nominate a person, or the holder for the time being of a specified office, being in the case of such holder a body corporate, to be the person to whom all land to be acquired under this Act for the said public purpose shall be conveyed, and in whom the same shall vest.\n6—Power to acquire lands required for a public purpose\nWhen the Governor has, by proclamation, declared any purpose to be a public purpose, the promoter of the undertaking may take and acquire, either by agreement or compulsorily, any land which is required for the said purpose: Provided that—\n\t(a)\tno land shall be taken or acquired under this Act unless the Governor has in writing directed that the same shall be so acquired; and\n\t(b)\tall land acquired under this Act shall be conveyed to and shall vest in the person or officer, if any, nominated in that behalf by proclamation, as provided by section 5, or, if no person or officer is so nominated, then to and in His Majesty the King.\n7—Incorporation of Compulsory Acquisition of Land Act 1925\n\t(1)\tFor the purposes of taking and acquiring land under this Act and for the purposes of all matters incidental to or connected with such taking and acquiring the Compulsory Acquisition of Land Act 1925 is incorporated with this Act, but where any provision of that Act is inconsistent with any provision of this Act the provision of this Act shall prevail.\n\t(2)\tFor the purposes of the said Act—\nthe promoter shall mean the promoter of the undertaking as defined by section 2 of this Act and the special Act shall mean this Act.\n8—Promoter of the undertaking to have powers of promoters under incorporated Acts\nAnything to be done or suffered, or which may be done or suffered, by the promoters of an undertaking or any number of them, by virtue of the enactments incorporated herewith, shall or may be done or suffered by the promoter of the undertaking as defined by section 2 of this Act.\n11—Proceedings to be adopted where land vests in His Majesty\n\t(1)\tWhen any land acquired under this Act vests in His Majesty the King, the Governor may cause the grant or other muniment or muniments of title, and the instrument or document whereby the land is conveyed to His Majesty, to be lodged with the Registrar-General.\n\t(2)\tThe Registrar-General shall make any entry in the Register Book or other book in the Lands Titles or General Registry Office necessary or proper to evidence the vesting of the land in His Majesty.\n\t(3)\tIf any of such land is under the provisions of the Real Property Act 1886 the Registrar-General shall, upon receiving the transfer or other instrument whereby the same is conveyed to His Majesty, make an entry on the folium relating thereto in the Register Book as follows: \"Cancelled, the land [or part of the land] having been acquired by the Crown\". Thereafter the land referred to in this subsection shall, for the purposes of the Real Property Act 1886 and until again alienated from the Crown, be dealt with and regarded in all respects as if it had never been alienated from the Crown.\n\t(4)\tUpon receiving the grant of the land in any such case as mentioned in subsection (3) of this section, the Registrar-General shall cancel the same by endorsing thereon the words—\"Cancelled, the within land [or part of the within land] having been acquired by the Crown\"; and if the land is not the whole of the land comprised in the grant or certificate of title, the Registrar-General shall, without fee, issue a fresh certificate of title for the balance of the land so comprised.\n17—Power to dispose of surplus land\n\t(1)\tWhen it appears to the Governor that any land taken or acquired for any public purpose is no longer required for such purpose, such land may, with the consent of the Governor—\n\t(a)\tbe used for any other public purpose; or\n\t(b)\tbe sold, exchanged for other land, or otherwise disposed of.\n\t(2)\tFor the purpose of carrying out any sale, exchange, or disposition of such land, the person in whom the same is vested, or, if vested in His Majesty the King, the Governor, may execute any and every assurance, deed, instrument, and writing, and do all such other things as may be necessary or expedient; and it shall not be necessary for the person paying any moneys in respect of any such transaction to prove the consent of the Governor to such transaction, nor to inquire whether a proper case has arisen for the exercise of any power under this section.\n\t(3)\tMoneys received in consideration of the sale, exchange, or disposition of any such land shall be paid into the General Revenue of the said State, unless such land was paid for out of moneys voted by Parliament for some particular public purpose, in which case such moneys shall be paid to the Treasurer to the credit of the said public purpose.\n\t(4)\tNothing in this section shall be deemed to interfere with any power of leasing any such lands by virtue of any enactment relating to Crown lands.\n\t(5)\tThe Governor shall in the month of July in every year cause a report to be prepared stating—\n\t(a)\tparticulars of all lands (if any) with regard to which, during the period ending on the preceding thirtieth day of June, any of the powers conferred by this section have been exercised; and\n\t(b)\thow such lands have respectively been dealt with under this section; and\n\t(c)\tthe price or other consideration, and the other terms and conditions (if any), in each case.\nEvery such report shall be laid before both Houses of Parliament within fourteen days after it has been prepared if Parliament is in session, and if not, then within fourteen days after the commencement of the next session.\n18—Moneys to be paid out of funds voted by Parliament\nThe moneys required for the purposes of this Act shall be paid out of moneys voted by Parliament for the purposes of this Act, or out of moneys so voted for the public purpose for which the particular land is taken or acquired.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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 and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1914\n1154\nThe Lands for Public Purposes Acquisition Act 1914\n24.9.1914\n24.9.1914\n1935\n2246\nStatute Law Revision Act 1935\n19.12.1935\n19.12.1935\n1966\n77\nNational Parks Act 1966\n1.12.1966\n26.1.1967 (Gazette 26.1.1967 p210)\n1972\n56\nNational Parks and Wildlife Act 1972\n27.4.1972\n3.7.1972 (Gazette 29.6.1972 p2689)\n1990\n9\nReal Property Act Amendment Act 1990\n12.4.1990\nSch—21.5.1990 (Gazette 17.5.1990 p1358)\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 570.\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\ns 11\n\n\ns 11(1)\namended by 29/2016 Sch 2\n4.7.2016\ns 11(3)\namended by 9/1990 s 42 (Sch)\n21.5.1990\ns 11(4)\namended by 9/1990 s 42 (Sch)\n21.5.1990\n\namended by 29/2016 Sch 2\n4.7.2016\nHistorical versions\nReprint No 1—21.5.1990\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — the actual text of the legislation was not provided due to a website error. No comparison between original and current intent can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the Act's title and historical knowledge, not actual provisions","Cannot assess amendment history, operative sections, schedules, or definitions","The Act may be repealed or superseded, adding uncertainty"],"plain_english_summary":"The Lands for Public Purposes Acquisition Act 1914 (SA) was a state law authorising compulsory purchase of private land for public uses (roads, schools, hospitals, etc.), affecting landowners by allowing forced sale with an entitlement to compensation. \n\nThe original text couldn’t be retrieved from the government site (link broken), and the Act may have been repealed or superseded by later law (notably the Land Acquisition Act 1969)."},"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":4,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original scope as a machinery Act for land acquisition. The legislative history shows only technical amendments (particularly to section 11 regarding land registration procedures in 1990 and 2016) and consequential amendments from related statutes (National Parks Acts). There is no evidence of significant scope creep — it remains focused on acquisition for public purposes and disposal of surplus land, exactly as described in the 1914 long title."},"complexity_factors":["Short statute (only 18 sections, with gaps in numbering suggesting repeals)","Heavy reliance on incorporation by reference — the entire Compulsory Acquisition of Land Act 1925 is 'incorporated' into this Act, meaning you need to read two Acts together to understand the full scheme","Archaic legal terminology throughout ('messuages', 'tenements', 'hereditaments', 'muniments of title') that requires historical knowledge to interpret","Defined terms section (section 2) uses circular and expansive definitions — 'land' includes virtually every conceivable interest in land, and 'owner' is similarly broad","Gaps in section numbering (sections 9, 10, 12-16 missing) indicating repeals or amendments that create uncertainty about what was removed","Conditional logic in section 6 requiring both a Governor's proclamation AND a written direction before land can be acquired","Nested conditions in section 17(3) for handling sale proceeds — different rules depending on whether original purchase was from general revenue or specific parliamentary vote","References to obsolete constitutional concepts ('His Majesty the King') and repealed legislation (Real Property Act 1886 provisions since amended)"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law from 1914 that gives the government power to buy or take private land for public use — things like building government offices, schools, hospitals, roads, or other state projects. It sets up the legal machinery for **compulsory acquisition** (forcing a sale when the owner doesn't want to sell) as well as voluntary purchases.\n\n**Who it affects:**\n\n- **Landowners** — anyone who owns property in South Australia could have their land acquired if the government decides it's needed for a public purpose\n- **Government departments** — they can use this Act to get land for their projects\n- **The \"promoter of the undertaking\"** — a fancy term for the government officer or agency appointed to handle a specific land acquisition project\n\n**Key features:**\n\n- The **Governor** (acting on ministerial advice) can declare almost any government project to be a \"public purpose\" by publishing a notice in the Government Gazette\n- Once declared, the appointed \"promoter\" can acquire land either by **agreement** (negotiating a price) or **compulsorily** (forcing the sale)\n- The Act borrows heavily from another law — the *Compulsory Acquisition of Land Act 1925* — which sets out the detailed rules for valuations, compensation, and disputes\n- **Important protection:** Land in public parks or under local council control is protected — this Act can't touch it\n- **Surplus land rules:** If the government acquires land but later doesn't need it all, they can sell the leftovers or use them for something else, with the money usually going back to government revenue\n- **Parliamentary oversight:** Money for acquisitions must come from funds voted by Parliament, and the Governor must report annually to Parliament on any surplus land sales\n\n**Why it matters:**\n\nThis is the foundational law that lets the South Australian government build infrastructure and deliver public services. Without it, the state would struggle to assemble land for hospitals, schools, transport corridors, or government buildings when owners refuse to sell. It balances the government's need to act for the public good with some safeguards (parliamentary funding, parkland protection, and compensation rules borrowed from the 1925 Act)."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been altered by later amendments and related legislation. Procedural and registration provisions in s11 were amended (see Real Property Act Amendment 1990 s42 (Sch) and Real Property (Electronic Conveyancing) Amendment 2016 Sch 2), and interactions with national/state park legislation appear in the legislative history (National Parks Act 1966; National Parks and Wildlife Act 1972). These changes affect vesting/registration mechanics and electronic conveyancing processes, while the core power to declare public purposes and acquire land (ss4–7, 17–18) remains."},"complexity_factors":["Governor has broad discretionary power to declare a \"public purpose\" (s4) and to appoint a promoter and nominee for vesting (s5), concentrating decision-making in the executive.","Acquisition may be by agreement or compulsory process, but requires a written direction from the Governor before land may be taken (s6(a)), adding a formal precondition.","This Act incorporates the Compulsory Acquisition of Land Act 1925 (s7), creating cross‑Act interactions and potential inconsistency rules (s7(1)).","Vesting and registration procedures require Registrar‑General entries and special handling under the Real Property Act framework (s11; see amendments listed in legislative history).","Post‑acquisition disposal powers include reuse for other public purposes, sale or exchange, and an annual reporting obligation to Parliament (s17(1),(2),(5)).","Financial provisioning is routed through parliamentary appropriation rules (s18), so acquisitions depend on budgetary decisions.","Exclusion of lands vested in municipal control and public parks narrows application but requires attention to overlapping land regimes (s3).","Legislative amendments over time (Real Property Act amendments 1990; electronic conveyancing amendments 2016; National Parks Acts 1966/1972 noted in history) affect procedure and interoperability with other land laws."],"plain_english_summary":"This Act lets the Governor declare a purpose a “public purpose” and appoint a promoter to acquire land for that purpose, either by agreement or by compulsory acquisition, and to vest that land in a nominated holder or the Crown. It incorporates the Compulsory Acquisition of Land Act 1925 and sets out registration, disposal and reporting steps. Parliament provides the money; the Governor decides which purposes qualify and when land is surplus. It therefore changes who can compel sale, who pays compensation, and the administrative steps for vesting and disposing of land."}},"importantCases":[],"_links":{"self":"/api/acts/lands-for-public-purposes-acquisition-act-1914","history":"/api/acts/lands-for-public-purposes-acquisition-act-1914/history","analysis":"/api/acts/lands-for-public-purposes-acquisition-act-1914/analysis","conflicts":"/api/acts/lands-for-public-purposes-acquisition-act-1914/conflicts","importantCases":"/api/acts/lands-for-public-purposes-acquisition-act-1914/important-cases","documents":"/api/acts/lands-for-public-purposes-acquisition-act-1914/documents"}}