New South Wales Consolidated Regulations

BLACKTOWN LOCAL ENVIRONMENTAL PLAN 1988 - REG 17

17 Acquisition of land in Zone No 5 (a), 5 (c), 6 (a) or 6 (c)

(1) The owner of land within Zone No 5 (a), 5 (c), 6 (a) or 6 (c) may, by notice in writing, require:

(a) in the case of land:

(i) within Zone No 5 (a) and marked on the map “Community Uses”, “Council Purposes”, “Drainage” or “Parking”, or

(ii) within Zone No 5 (c) or 6 (a),

the council,

(b) in the case of land within Zone No 5 (a) and marked on the map “School” or “Technical College”, the Minister for Education and Training,

(c) in the case of land within Zone No 5 (a) and marked on the map “Corridor” (excluding that land described in Schedule 3) and land within Zone No 6 (c), the Minister for Planning,

(d) in the case of land within Zone No 5 (a) and marked on the map “Water, Sewerage and Drainage” or “W S & D”, the Sydney Water Corporation,

(e) in the case of land within Zone No 5 (a) and marked on the map “Ambulance”, the Department of Health,

(f) in the case of land within Zone No 5 (a) and marked on the map “P.C.C.”, Integral Energy Australia,

(g) in the case of land within Zone No 5 (a) and marked on the map “Railways”, Rail Corporation New South Wales,

(h) in the case of land within Zone No 5 (a) and marked on the map “Telecom”, Telstra Corporation Limited, and

(i) in the case of land within Zone No 5 (a) marked on the map “Drainage (Sydney Water Corporation)” or Drainage (W.B.)”, the Sydney Water Corporation,

(k) in the case of land within Zone No 5 (a) and marked on the map “Public Transport Corridor”, the Minister for Planning,

to acquire the land.

(2) Subject to subclauses (3) and (5), on receipt of a notice referred to in subclause (1), the Minister or public authority concerned shall acquire the land.

(3) Nothing in this plan other than subclause (4) shall require the council to acquire any land within Zone No 6 (a) or land within Zone No 5 (a) and marked on the map “Community Uses”:

(a) where the land may be required to be provided as a condition of approval to the carrying out of development on land in the vicinity and in the same ownership, or

(b) if, in the opinion of the council, the need for the open space or community use has not yet been created by residential development within the vicinity.

(4) Subclause (3) does not apply to land within Zone No 6 (a) and shown lettered “District Open Space” on the map.

(4A) Nothing in this plan requires the council to acquire any land within Zone No 5 (a) situated within the land shown edged heavy black on the map marked “ Blacktown Local Environmental Plan 1988 (Amendment No 5) ”, if the land may be required to be provided as a condition of consent to the carrying out of development on land in the vicinity and in the same ownership as that land.