54Acquisition of land within Zone 9 (c)

54 Acquisition of land within Zone 9 (c)

54 Acquisition of land within Zone 9 (c)

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 any land within Zone 9 (c) may, by notice in writing, require the Roads and Traffic Authority (the RTA) to acquire the land.

(2) On receipt of such a notice, the RTA must acquire the land if—

(a) the land is vacant, or

(b) the land is not vacant but—

(i) the land is included in the 5-year works program of the RTA current at the time of the receipt of the notice, or

(ii) the RTA has decided not to give concurrence required by subclause (3) to an application for consent to the carrying out of development on the land, or

(iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable period of time,

but the RTA is not required to acquire the land if it might reasonably be required to be dedicated for public road.

(3) A person may, with development consent, carry out development on land within Zone 9 (c) if—

(a) the development may be carried out on land in an adjoining zone, or

(b) the development is compatible with development which may be carried out on land in an adjoining zone.

(4) (Repealed)

(5) Land acquired under this clause may be developed, with development consent, for any purpose, until such time as it is required for the purpose for which it was acquired.

(6) In this clause—

vacant land means land on which, immediately before the day on which a notice under subclause (1) is given, there were no buildings other than fences.

cl 54: Am 2008 (571), Sch 3.9 [4]–[6].