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LOCAL GOVERNMENT ACT 1993 - SECT 188 Restriction on compulsory acquisition of land for re-sale

LOCAL GOVERNMENT ACT 1993 - SECT 188

Restriction on compulsory acquisition of land for re-sale

188 Restriction on compulsory acquisition of land for re-sale

(1) A council may not acquire land under this Part by compulsory process without the approval of the owner of the land if it is being acquired for the purpose of re-sale.
(2) However, the owner's approval is not required if--
(a) the land forms part of, or adjoins or lies in the vicinity of, other land acquired at the same time under this Part for a purpose other than the purpose of re-sale, or
(b) the owner of the land cannot be identified after diligent inquiry has been made and at least 6 months has elapsed since that inquiry was made.
(3) For the purposes of subsection (2)(b),
"diligent inquiry" has the meaning given by the regulations, and includes the giving of notice of the proposed acquisition to the New South Wales Aboriginal Land Council and to the relevant Local Aboriginal Land Council.