New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 9

9 Power to acquire land etc

(1) The corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Director-General by any environmental planning instrument, acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(2) Without limiting the generality of subsection (1), the corporation may acquire in any manner authorised by that subsection:

(a) any land to which an environmental planning instrument applies and which the Minister considers should be made available in the public interest for any purpose,

(b) any land of which that proposed to be acquired under this Part forms part, or

(c) any land adjoining or in the vicinity of any land proposed to be acquired under this Part, or

(d) a leasehold or any other interest in land.

(3) The corporation may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act and may agree to the condition of any such gift, devise or bequest.

(4) The rule of law against remoteness of vesting shall not apply to any such condition to which the corporation has agreed.

(5) Where the corporation acquires property under subsection (3):

(a) neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Stamp Duties Act 1920 , and

(b) the property, or the value of the property, shall not be included in the dutiable estate of the donor or testator for the purposes of assessing death duty under that Act.