New South Wales Consolidated Regulations

WARRINGAH LOCAL ENVIRONMENTAL PLAN 2000 - REG 35

35 How will reserved land be acquired?

(1) The owner of any reserved land may, by notice in writing, require the responsible authority to acquire that land:

(a) In the case of land reserved for public open space, the responsible authority is the Council.

(b) In the case of land reserved for regional open space, the responsible authority is the corporation.

(c) In the case of land reserved for local roads, the responsible authority is the Council.

(d) In the case of land reserved for arterial roads, the responsible authority is the Roads and Traffic Authority.

(2) Upon receipt of a notice referred to in subclause (1), the public authority concerned shall acquire any reserved land to which it applies, subject to subclauses (3) and (4).

(3) The Council need not take any action to acquire land referred to in subclause (1) (a) for 90 days (or for such other period as may be agreed between the owner and the Council before that period expires) after receiving the notice if the Council, within 14 days after receiving the notice, notifies the owner that it is reviewing the planning controls applying to the land.

(4) The Council need not acquire land referred to in subclause (1) (a) pursuant to the notice if the land has ceased to be reserved land, or the Council has decided to prepare a local environmental plan to remove the reservation of the land, before the period of 90 days (or the agreed period) expires.

Note: Land is acquired by mutual agreement between the landowner and the responsible authority. In the event that mutual agreement cannot be reached land is acquired in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .