New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 36

36 Acquisition of land within Zone No 9 (a), 9 (b), 9 (c) or 9 (d)

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 9 (a), 9 (b), 9 (c), or 9 (d) may, by notice in writing, require:

(a) in the case of land within Zone No 9 (a), 9 (c) or 9 (d)-the council or the public authority for which the land has been reserved, and

(b) in the case of land within Zone No 9 (b)-The Commissioner for Main Roads,

to acquire the land.

(2) On receipt of a notice referred to in subclause (1), the council, public authority or the Commissioner, as the case may be, shall acquire the land.

(3) Notwithstanding clause 10A, land which is within a zone referred to in subclause (1) may be developed for any purpose with the consent of the council.

(4) The council may, in granting consent under subclause (3), apply conditions requiring:

(a) the removal of the building or work for which it has granted consent, or

(b) the reinstatement of the land or removal of any waste materials or refuse,

with or without the payment of compensation by the public authority.

(5) The council must not grant consent, referred to in subclause (3), to the development of land to be acquired by a public authority under subclause (2), unless it has taken the following into consideration:

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

(b) the imminence of acquisition,

(c) the costs of reinstatement of the land for the purpose for which the land is to be acquired.