New South Wales Repealed Regulations

This legislation has been repealed.

PARRAMATTA LOCAL ENVIRONMENTAL PLAN 2001 - REG 12

12 Acquisition and development of reserved land

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 reserved for future acquisition may, by notice in writing, request the appropriate acquisition authority to acquire that land.

(2) The appropriate acquisition authority for reserved land is indicated in the Table below:

Table

Zone	Acquisition authority
Open Space (Proposed) 9 (a)	Parramatta City Council
Transport (Proposed) 9 (b)	RTA
Local Road (Proposed) 9 (c)	Parramatta City Council
Environment Protection (Proposed) 9 (d)	Parramatta City Council

(3) Subject to subclauses (4) and (6), on receipt of a notice referred to in subclause (1), the appropriate acquisition authority shall acquire the land.

(4) The Council is not required to acquire land to which a notice under subclause (1) relates unless:

(a) the notice is served in accordance with the expenditure program included in the Council's section 94 contributions plan or a works program current at the time of the receipt of the notice, or

(b) the Council has decided not to grant consent to the carrying out of development on the land, or

(c) the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired.

(5) The RTA is not required to acquire land the subject of a notice referred to in subclause (1):

(a) unless:

(i) a development application has, since the land last became subject to this clause, been made in respect of the land, and

(ii) the RTA has refused to grant its concurrence to the proposed development, or

(b) unless the land is vacant land, or

(c) unless the RTA has publicly indicated that it proposes to carry out development on the land within the next 5 years, or

(d) unless the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired.

(6) Development may, with development consent, be carried out on land the subject of a notice referred to in subclause (1) that is not required to be acquired if the development is permissible on land within an adjacent or adjoining zone.

(7) Until:

(a) land the subject of a notice referred to in subclause (1) that is required to be acquired is acquired by the appropriate acquisition authority, or

(b) land that has been acquired under this clause is developed for the purpose for which it has been acquired,

development may, with development consent, be carried out on the land for any purpose, where the consent authority is satisfied that the development will not adversely affect the usefulness of the land for the purpose for which it has been reserved.