New South Wales Consolidated Regulations

WAVERLEY LOCAL ENVIRONMENTAL PLAN 1996 - REG 34

34 Acquisition of reserved land

(1) This clause applies to land within Zone No 7 (a), 7 (c), 7 (d) or 7 (e).

(2) The owner of any land referred to in subclause (1) may, by notice in writing, require:

(a) in the case of land within Zone No 7 (a), 7 (c) or 7 (e)-the Council, or

(b) in the case of land within Zone 7 (d)-the Corporation,

to acquire the land.

(3) On receipt of a notice referred to in subclause (2), the public authority concerned must acquire the land.

(4) Land to which this clause applies may be developed for any purpose with the consent of the Council until that land is acquired by the Council or another public authority.

(5) The Council must not grant consent as referred to in subclause (4) to the development of land to be acquired by a public authority other than itself, unless it obtains the concurrence of the public authority which is to acquire that land.

(6) In considering whether to grant concurrence required by subclause (5), the public authority concerned must take into consideration:

(a) the effect of the proposed development on the costs of acquisition, and

(b) the imminence of acquisition, and

(c) the costs associated with the reinstatement of the land so that it can be used for the purpose for which it will be acquired.