43Acquisition of certain lands

43 Acquisition of certain lands

43 Acquisition of certain lands

(1) This clause applies to land within Zone No 5 (a), 6 (a), 7 (f1), 8 (a), or 9 (a).

(2) The owner of any land shown on the zoning map as described below may, by notice in writing, require the public authority specified in respect of that land to acquire it—

(a) within Zone No 5 (a) (Special Uses Zone) and lettered “Cemetery”, “Garbage Depot”, “Drainage” or “Sewage Treatment Works”—the council, or

(b) within Zone No 5 (a) (Special Uses Zone) and lettered “Education” or “School”—the Minister administering the Education Act 1990 (unless the land is reserved for private education), or

(c) within Zone No 6 (a) (Open Space Zone)—the council, or

(d) within Zone No 7 (f1) (Coastal Lands (f1) Zone) listed in Schedule 9—the corporation constituted by section 8(1) of the Act, or

(e) within Zone No 8 (a) (National Parks and Nature Reserve Zone)—the Minister administering the National Parks and Wildlife Act 1974, or

(f) within Zone No 9 (a) (Proposed Road Zone)—the Minister administering the Roads Act 1993.

(3) On receipt of such a notice, the public authority concerned is to acquire the land, subject to subclause (4).

(4) The council need not take any action with respect to acquiring land within Zone No 5 (a) (Special Uses Zone) or Zone No 6 (a) (Open Space Zone) for 90 days (or for such other period as may be agreed between the owner and the council before that period expires) after receiving a notice requiring acquisition of land if the council, within 14 days after receiving the notice, notifies the owner that it is reviewing the zoning of the land. The council need not acquire the land pursuant to the notice if the land is rezoned, or the council serves notice on the owner that it has decided to prepare a local environmental plan to rezone the land, before the period of 90 days (or the agreed period) expires.

(5) 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 council as a condition of development consent or subdivision approval.