New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 32

32 Acquisition and development of land within Zone No 6 (d), 9 (a) or 9 (b)

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) The owner of land within Zone No 6 (d), 9 (a) or 9 (b) may, by notice in writing, require:

(a) in the case of land within Zone No 6 (d) or 9 (b)-the council, or

(b) in the case of land within Zone No 9 (a)-the Roads and Traffic Authority,

to acquire the land.

(2) On receipt of a notice referred to in subclause (1) relating to land within Zone No 6 (d) or 9 (b), the council shall acquire the land.

(3) On receipt of a notice referred to in subclause (1) relating to land within Zone No 9 (a), the Roads and Traffic Authority must acquire the land if:

(a) the land is vacant, or

(b) the land is not vacant but:

(i) the land is included in a 5 year works program of the Authority or such other works program of the Authority as has been publicly notified by the Authority, or

(ii) the Authority has decided not to give concurrence to an application for consent to the carrying out of development on the land, or

(iii) the Authority is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time,

but the Authority is not required to acquire the land if it might reasonably be required to be dedicated under section 94 of the Act as a condition of consent to a development application.

(4) A person may, with the consent of the council, carry out development on land within Zone No 9 (a), not being land that is included in a works program referred to in subclause (3) (b) (i) for a purpose for which development may be carried out on land in an adjoining zone.

(6) Land acquired under this clause may be developed, with the consent of the council, for any purpose, until such time as it is required for the purpose for which it was acquired.

(7) In this clause:
"vacant land" means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings, other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.