New South Wales Consolidated Regulations

WAGGA WAGGA LOCAL ENVIRONMENTAL PLAN 1985 - REG 22

22 Acquisition of reserved land

(1) The owner of any land shown hatched on the map and within:

(a) the Open Space Zone,

(b) the Special Uses Zone and lettered “Sewerage Treatment Works”,

(c) the Special Uses Zone and lettered “school”,

(d) the Special Uses Zone and lettered “proposed motorway”,

may, by notice in writing, require:

(e) in the case of land referred to in paragraphs (a) and (b), the council,

(f) in the case of land referred to in paragraph (c), the Minister for Education, and

(g) in the case of land referred to in paragraph (d), The Commissioner of Main Roads,

to acquire that land.

(2) Subject to subclause (3), on receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(3) Land to which this clause applies may be developed for any purpose, with the consent of the council, until the land is acquired by the public authority concerned where the council is satisfied that the carrying out of that development will not adversely affect the usefulness of the land for the purposes for which it has been zoned.

(4) The council shall not grant consent referred to in subclause (3) to the development of land to be acquired by the Commissioner for Main Roads unless it obtains the concurrence of the Commissioner for Main Roads.

(5) In considering whether to grant concurrence under subclause (4), the Commissioner for Main Roads shall take into consideration:

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

(b) the imminence of acquisition, and

(c) the cost associated with the reinstatement of the land for the purposes for which the land has been zoned.