New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 45

45 Acquisition and development of land reserved for roads

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 any land within Zone No 5 (d) may, by notice in writing, require the RTA to acquire the land.

(2) On receipt of such a notice, the RTA must acquire the land if:

(a) the land is vacant, or

(b) the land is not vacant but:

(i) the land is included in the 5 year works programme of the RTA current at the time of the receipt of the notice, or

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

(iii) the RTA 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 RTA is not required to acquire the land if it might reasonably be required to be dedicated for a public road.

(3) A person may, with the consent of the Council, carry out development on land within Zone No 5 (d):

(a) for a purpose for which development may be carried out on land in an adjoining zone, or

(b) for any other purpose which is compatible with development which may be carried out on land in an adjoining zone.

(5) 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.

(6) In this clause:
"the RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .
"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.