<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2021-11-17" />
  <sessionName>Fifty-Fourth Parliament, Second Session (54-2)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="8322" />
  <endPage num="8685" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Answers to Questions</name>
    <subject>
      <name>South Road Upgrade</name>
      <text id="20211117b329579ff783494680001507">
        <inserted>
          <heading>South Road Upgrade</heading>
        </inserted>
      </text>
      <talker role="member" id="5376" kind="question">
        <name>Ms STINSON</name>
        <house>House of Assembly</house>
        <electorate id="">Badcoe</electorate>
        <questions>
          <question date="2021-10-15" qonNum="862">
            <name>South Road Upgrade</name>
          </question>
        </questions>
        <text id="20211117b329579ff783494680001508">
          <inserted>862 <by role="member" id="5376">Ms STINSON (Badcoe)</by> (15 October 2021).  With regards to land acquisition funds access:</inserted>
        </text>
        <text id="20211117b329579ff783494680001509">
          <inserted>(a)&amp;#x9;From the point when a landowner agrees to sell their property to the government, how long will it take for that landowner to have access to the proceeds of that sale? That is, how long will they wait to access funds that they can withdraw to purchase another property?</inserted>
        </text>
        <text id="20211117b329579ff783494680001510">
          <inserted>(b)&amp;#x9;Is it true it will take two months, or longer, for a landowner to have access to the proceeds of their home after they sell it to government? What is being done to ensure this wait is shortened?</inserted>
        </text>
      </talker>
      <talker role="member" id="4843" kind="answer">
        <name>The Hon. C.L. WINGARD</name>
        <house>House of Assembly</house>
        <electorate id="">Gibson</electorate>
        <portfolios>
          <portfolio id="">
            <name>Minister for Infrastructure and Transport</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Recreation</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2021-10-15" qonNum="862">
            <name>South Road Upgrade</name>
          </question>
        </questions>
        <text id="20211117b329579ff783494680001511">
          <inserted>
            <by role="member" id="4843">The Hon. C.L. WINGARD (Gibson—Minister for Infrastructure and Transport, Minister for Recreation, Sport and Racing):</by>  I have been advised:</inserted>
        </text>
        <text id="20211117b329579ff783494680001512">
          <inserted>There are two ways in which an owner can access funds related to the acquisition of their property.</inserted>
        </text>
        <text id="20211117b329579ff783494680001513">
          <inserted>In the first instance, once a Notice of Intention has been issued, the authority and the property owner may reach a negotiated settlement before a compulsory acquisition. In this scenario, a standard settlement process would occur whereby the owner will engage a conveyancer and the authority will do the same. It is a matter for the conveyancers to determine how quickly the settlement can occur, however generally in most cases it can take 4 to 6 weeks from when the contract is executed.</inserted>
        </text>
        <page num="8414" />
        <text id="20211117b329579ff783494680001514">
          <inserted>Where a property is compulsorily acquired, pursuant to section 23A of the Land Acquisition Act 1969, the authority must within seven days after making an offer of compensation, pay the amount offered into the Court.</inserted>
        </text>
        <text id="20211117b329579ff783494680001515">
          <inserted>The claimant has a right to remove the funds paid into Court without impacting their right to claim additional compensation. The claimant can have their lawyer make an application for the funds to be removed or can request the Department for Infrastructure and Transport (DIT) instruct the Crown Solicitor's Office (CSO) to make the application on the claimants' behalf at no cost to them.</inserted>
        </text>
        <text id="20211117b329579ff783494680001516">
          <inserted>Once the application is made it is out of DIT's control as to how long an order is made by the Court considering all relevant consents, including that of the mortgagee is required.</inserted>
        </text>
        <text id="20211117b329579ff783494680001517">
          <inserted>In both a negotiated settlement and compulsory acquisition, DIT does everything possible to ensure the claimant receives their compensation as soon as possible.</inserted>
        </text>
      </talker>
    </subject>
  </proceeding>
</hansard>