New South Wales Consolidated Acts

LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 - SECT 10A

10A Minimum period of negotiation for acquisition by agreement before initiation of compulsory acquisition process

(1) This section applies to land that is affected by a proposal for acquisition by an authority of the State, other than a proposal to acquire--

(a) Crown land, or

(b) an easement, or right to use land, under the surface for the construction or maintenance of works, or

(c) a stratum under the surface for the construction of a tunnel.

(2) The authority of the State is to make a genuine attempt to acquire the land by agreement for at least 6 months before giving a proposed acquisition notice.

(3) The owner of the land and the authority of the State may agree to a shorter or longer period of negotiation for the acquisition of the land by agreement.

(4) The Minister responsible for the authority of the State may approve a shorter period of negotiation, but only if the Minister is satisfied that the urgency of the matter or other circumstances of the case make it impracticable to have any longer period of negotiation. Any such approval requires the concurrence of the Minister administering this Act (being concurrence given for the particular approval or given generally for an approval of that kind).

(5) This section does not prevent a continuation of negotiation after the giving of a proposed acquisition notice.

(6) The authority of the State is not required to comply with this section if--

(a) the owner of the land notifies the authority that the owner is not prepared to negotiate with the authority for the acquisition of the land by agreement, or

(b) the owner of the land cannot be located after the making of reasonable inquiries.

(7) Nothing in this section gives rise to, or can be taken into account in, any civil cause of action.