New South Wales Consolidated Acts

TRANSPORT ADMINISTRATION ACT 1988 - SECT 124

124 Acquisition of national park and other park land

(1) In this section:
"Project park land" means land shown as Project park land on sheets 1-6 of the plan marked “Parramatta Rail Link Project Park Land” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for the Transport Administration Amendment (Parramatta Rail Link) Act 2000 ) when the Bill was introduced into the Legislative Assembly, a copy of which is also lodged in the office of each rail authority.

(2) Any power that a rail authority has under this Act to acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 extends to authorise the acquisition of the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.

(3) Nothing in the National Parks and Wildlife Act 1974 (in particular sections 37, 40, 47Z and 47ZB), Parramatta Park Trust Act 2001 or the regulations under those Acts prevents a rail authority from acquiring by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 the whole or any part of the Project park land for the purposes of or in connection with the Parramatta Rail Link.

(4) Section 29 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 and section 9 (2) of the Parramatta Park Trust Act 2001 do not apply to any such acquisition of Project park land.

(5) When any land that is Project park land vests in a rail authority pursuant to its acquisition as provided by this section, any reservation of the land as a national park or regional park under the National Parks and Wildlife Act 1974 is revoked. This subsection does not limit the operation of section 20 (1) of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of such an acquisition of land.

(6) A rail authority may not acquire as provided by this section any part of the Project park land that forms part of Lane Cove National Park unless and until the land described below is reserved as part of Lane Cove National Park in accordance with Part 4 of the National Parks and Wildlife Act 1974 :

Land situated at Marsfield, in the Local Government Area of Ryde, Parish of Hunters Hill and Field of Mars, County of Cumberland and State of New South Wales being Lot 2 in Deposited Plan 841477 (being land in part of Crown Reserve in R89885 for Public Recreation, Gazette No. 99 dated 6 August 1976 Folio 3380) and Lot 4 in Deposited Plan 881923 (being land in Certificate of Title Folio Identifier 4/881923).

(7) A rail authority may acquire the land described in subsection (6) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purpose of facilitating that land’s reservation as part of Lane Cove National Park.

(8) A rail authority may not acquire as provided by this section any part of the Project park land unless and until approval for the construction of the Parramatta Rail Link has been obtained under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979 .

(9) If land that forms part of the trust lands of the Parramatta Park Trust under the Parramatta Park Trust Act 2001 is acquired under this section, the Minister administering that Act is to use the Minister’s best endeavours to ensure that Schedule 1 to that Act is amended to reflect the acquisition of that land.