New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 59

59 Acquisition of coastal land

Note: Nothing in this clause is to be construed as requiring a public authority to acquire land-see section 27 (3) of the Act.

(1) This clause applies to land within Zone 7 (1) or 7 (4) shown by hatching (but not cross-hatching) on the map.

(2) The owner of any land to which this clause applies may, by notice in writing, require the corporation to acquire the land.

(3) On receipt of a notice referred to in subclause (2), the corporation must acquire the land, unless the land may be required to be provided as a condition of consent to the carrying out of development.

(4) Despite any other provision of this plan, development may be carried out only with development consent on land to which this clause applies and only for the purpose of the following:

(a) agriculture (and buildings incidental to the use of the land for agriculture),

(b) dams,

(c) drainage,

(d) dwelling houses.

(6) Before granting consent under subclause (4), the Council must take into consideration the following:

(a) the need for the proposed development on the land,

(b) the impact of the proposed development on the existing and likely future use of the land,

(c) the need to retain the land for its existing or likely future use,

(d) the effect of the proposed development on the cost of acquisition,

(e) the imminence of acquisition,

(f) the cost to reinstate the land for the purpose for which the land is to be acquired.