The following are a summary of those controls which can affect non urban land values in South Australia.


Local councils often adopt a different rate for rural land. Part XII of the Local Government Act, 1934 provides that a differential rating can be declared by reference to the use of the land or whether the land is situated within or outside a township. Usually, local councils with a council area which contains a large amount of non urban land will adopt the land value option under- Division 3 of Part XII.


The valuer should be aware of the following:

The appropriate act is the Electricity Trust of SA Act Amendment Act, 1987. Power lines which run across a non urban property must be kept clear of "naturally occurring" vegetation by the Trust. All other vegetation must be cleared by the landowner. The trust may have power to remove vegetation near a public supply line. The landowner cannot erect buildings near the line.


These local government controls are the same as for urban landowners. The rural landowner must apply to the local council for permission to subdivide and develop the land. However, there are more stringent controls on land use where the land is within a waterboard catchment area.


For example, the Hills Face Zone near Adelaide. In this situation there may be drastic controls on land uses. A development application must be completed and lodged in accordance with the Planning Act, 1982.


The undertaking of certain mining operations requires that a development application be lodged. A landowner must apply for permission to mine minerals on the landowner's own land. This is done by applying for a licence to prospect, pegging a claim and lastly, applying for a mining lease.

A mining operator must notify a landowner of his intention to enter the land and to carry out mining operations. The landowner is entitled to receive compensation for any financial loss, hardship and inconvenience suffered by him as a consequence of the mining operation - The Mining Act, s61. Certain restrictions are placed on prospectors and mining companies' operations adjacent to buildings, watering points and land under cultivation.

Certain mining operations constitute development under the Planning Act, 1982 and in such a case a DA is required to be lodged with local council. These controls also apply to quarrying.


There is a concession for "remote area housing". The Federal
Government sets a statutory annual rental for remote area housing - Fringe Benefits Tax Assessment Act, 1986. "Remote area housing" is defined under a complicated definition in the act. There are no concessions to the primary producer for Capital Gains Tax.


Agricultural tenants and sharefarmers have specific legal rights under the Agricultural Holdings Act, 1891. The Act only applies to land not the subject of a crown lease or any tenancy under a lease for a term of not more than 21 years at a fixed rent. The tenant has a general right to
compensation for improvements he/she made on the holding upon quitting the holding at the termination of the tenancy - s6.

The tenant must give the landlord notice of his/her intention to make the improvements not more than 3 months nor less than 2 months before beginning to execute the improvements. A tenant has a right of sale of his/her holding but he/her must give notice to the landlord of this intention. The tenant cannot subdivide the holding except with the
consent of the landlord. The landlord has the right to elect to purchase the tenancy for the consideration agreed to be paid by a proposed purchaser.


Native animals and protected animals with some exceptions. The exceptions include crows and dingos. The controlling Act is the National Parks and Wildlife Act, 1972. "Controlled animals" cannot be released from captivity or control otherwise than by permit.


Native and protected plants are protected under the National Parks and Wildlife Act, 1972. The Native Vegetation Management Act, 1985 regulates the clearance of native vegetation and makes it an offence to clear native vegetation contrary to the Act. Native vegetation refers to plant or plants of a species indigenous to SA. The definition of "clearance" is broad and includes:

Exemptions include:

The Native Vegetation Management Act, 1985 also establishes the Native Vegetation Authority to which application must be made for the clearance of native vegetation if the clearance does not fall within any of the exceptions above. If the authority refuses consent the landowner may be entitled to a payment by the minister for compensation after he has entered into a Heritage Agreement over the land not cleared.


Every occupier of private land must take reasonable and effective measures to eradicate proclaimed noxious plants from the land. A Pest Control Board is responsible for the destruction of pest plants on all lands owned by the Board and on all public roads within its control areas.


There is a duty on every council to take all prescribed steps for the destruction and suppression of noxious insects within the area under the Noxious Insects Act, 1934.


The Water Resources Act, 1991 provides for the assessment,
conservation and development of the water resources of SA particularly, "watercourses". A "watercourse" is defined to include an river, stream, creek or channel in which water is contained or flows whether permanently, intermittently or occasionally.

It also provides for proclaimed watercourses. The E and WS Department can advise the valuer whether or not a particular watercourse is a proclaimed watercourse.

Amongst other watercourses the River Murray is a proclaimed watercourse. S26 provides that it is an offence to divert or take water from a proclaimed watercourse however, the owner of any land upon or adjacent to a proclaimed watercourse has the right to divert to take, without charge, water from that watercourse for the use of himself, his family and employees for domestic purposes and for providing drinking water for grazing stock on that land.

A person may apply for a licence to divert or take water from a proclaimed watercourse. Such a licence can be sought and obtained from the E and WS Department. A licence will provide for, amongst other things, the amount of water which may be diverted or take. The amount may be reduced by the minister by notice in the gazette.

It is an offence to carry out any works on land upon or adjacent to which passes any proclaimed watercourse, without a permit in the prescribed form. In respect of watercourses which are not proclaimed watercourses s635 of the Local Government Act, 1934 makes it an offence to, without permit, deposit anything in a watercourse, obstruct a watercourse or do anything that might result in the obstruction of a watercourse, alter the course of a watercourse or remove rock, sand or soil from the bed or banks of a watercourse.

Pursuant to s636 of the LGA, a council may give notice to a landowner to undertake specified work for the purposes of removing obstructions from the watercourse, making good damage to the watercourse or otherwise maintaining the watercourse in good condition. It is an offence not to comply with such a notice.


The rights and responsibilities of the landowner come under the Country Fires Act, 1976 and the State Disaster Act, 1980.


The Shearers Accommodation Act, 1971 sets minimum standards for shearers' accommodation which must be observed when 4 or more shearers (other than family members) are employed in or about a shearing shed.


The extent of legal controls is shown by the following list of Acts which directly and indirectly control and affect farm produce: