30Acquisition of land

30 Acquisition of land

30 Acquisition of land

(1) This clause applies to land within Zone No 9 (a) or 9 (b) and land referred to in Schedule 6.

(2) The owner of any land within a zone or referred to in a schedule specified in Column 1 of the Table to this subclause may, by notice in writing, require the public authority specified in Column 2 of the Table opposite the description of that zone or schedule to acquire that land.

| Column 1 | Column 2 | | Schedule 6 | Director of Environment and Planning | | Zone No 9 (a) Roads (Main Roads Proposed) | Commissioner for Main Roads | | Zone No 9 (b) Roads (Local Roads Proposed) | Council |

(3) Upon receipt of a notice referred to in subclause (2), the public authority concerned shall, subject to subclauses (4) and (5), acquire that land.

(4) The council shall not be required to acquire land, the subject of a notice referred to in subclause (2), where the land is required to be dedicated to the council as a condition of development consent or subdivision approval.

(5) The Commissioner for Main Roads shall not be required to acquire land, the subject of a notice referred to in subclause (2), unless—

(a) a development application has been made in respect of the land,

(b) the development, the subject of the development application, consists of development for a purpose for which development could have been carried out on the land prior to the appointed day, and

(c) the council has refused its consent to the development application on the basis that the Commissioner for Main Roads has not concurred in the development.