Underground land acquisition is one of the measures we need to put in place before tunnelling works can start. This is to protect the integrity and ongoing operation of the new River Torrens to Darlington (T2D) Project tunnels.
The Land Acquisition Act (1969) was amended in July 2020 to make sure new tunnels being built could be protected.
With underground land acquisition, the land from 10 metres (or 3 storeys) beneath a property will be acquired. Importantly, the ownership of the land at the surface level (to 10 metres below the surface) will not be affected as it does not need to be acquired. The property owner can continue to live in, work in or rent their property like they do today.
Watch the video to learn about underground land acquisition.
If we were not acquiring underground land from 10 metres deep to build the tunnels, we would have needed to acquire and demolish approximately another 300 homes and businesses to complete the T2D Project.
The updated design of the T2D Project identifies the proposed alignment of where the tunnels will be located underground.
In early 2025, we will be able to confirm underground acquisition requirements. At that time, we will directly contact relevant landowners to start the process and share more information about what is involved. That may include a property survey to confirm the exact boundaries of properties along the tunnel alignment.
The Department for Infrastructure and Transport will engage privately and sensitively with those whose properties are affected by underground land acquisition.
Frequently asked questions
Property and ownership
Will I receive compensation for underground land acquisition?
Under the Land Acquisition Act 1969, no compensation is payable for underground acquisition because there is no loss of use of your land.
With underground land acquisition, the property at the surface level to 10 metres below the surface does not need to be acquired. This means as a property owner, you can continue to live in, work in or rent your property like you do today.
Entitlement to limited compensation only exists if property owners own a lawful well or a right to take the water from the underground land using a lawful well, subject to requirements specified in the Land Acquisition Act 1969.
An application for compensation must be made within six months after the publication of a Notice of Acquisition to acquire Underground Land.
What if I have an existing cellar or pool on my property, will that be impacted by the tunnelling works?
No, the tunnels will run deep underground, from around 10 metres to around 25 metres below the surface.
Can I still renovate or build in the future?
Yes, you will still be able to renovate or build in the future, including building a swimming pool or underground cellar, provided the relevant development approvals are in place.
Do you need to acquire all of the land from 10 metres below the surface of my property or only part of it?
It depends on where your property is located relative to the tunnels. Only the underground land (from 10 metres below the surface) that is needed for the project will be acquired. A land survey will determine what underground land is required.
The underground land (from 10 metres below the surface) will either be fully or partially acquired:
- Full underground land acquisition means that from a depth of 10 metres below the surface, the underground land contained within all of the property’s boundaries will be acquired.
- Partial underground land acquisition means that from a depth of 10 metres below the surface, a portion of the underground land within the property’s boundaries will be acquired.
Will a new Certificate of Title be issued?
Yes. Once the land survey has been completed, plans will be developed, the area of underground land will be acquired, and a new Certificate of Title (CT) will be issued for your property.
Property access and surveys
Do you need to survey my property?
Yes. A survey is a requirement of the underground land acquisition process to allow us to create a new Certificate of Title for the land 10 metres and below the surface.
Why do you need to access my property?
In order to accurately survey a property, we need a line of sight to all boundaries of the property. This is sometimes only possible from within the property boundary.
It is important to note that we generally will not need to enter inside your home or business, only the outside of the property.
If I have a well, will I need to notify the Department for Infrastructure and Transport as part of the survey works?
Yes, the Department for Infrastructure and Transport will need to be advised prior to undertaking the survey if you have ownership of a well that provides access to underground water.
Other
I am still concerned about a tunnel being constructed underneath my house. What options do I have?
While the construction of tunnels will not impact properties above them, the State Government is prepared to consider purchasing property that is an owner-occupied principal place of residence at the time of receiving the initial acquisition notification letter from the Department for Infrastructure and Transport.
Please contact the Department for Infrastructure and Transport within 28 days of receiving this letter if you would like more information about this option.
If I take up that option, what am I entitled to?
Your property would be purchased by the State Government at market value.
Unlike compulsory acquisition, this does not include assistance in finding an alternative property, or other entitlements under the Land Acquisition Act 1969, such as reasonable professional fees incurred, solatium payment or reimbursement of stamp duty.