70Acquisition of land

70 Acquisition of land

70 Acquisition of land

(1) This clause applies to land within Zone No 5 or 6 (a).

(2) The owner of any land to which this clause applies zoned as specified in Column 1 of the Table to this subclause may, by notice in writing, require the body specified in Column 2 of the Table opposite that zoning to acquire that land.

Table

| Column 1 | Column 2 | | Special Uses (Main Road | RTA | | Special Uses (University) | Southern Cross University | | Recreation Zone | Council |

(3) On receipt of such a notice, the Council or the Southern Cross University must acquire the land to which the notice relates.

(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 imposed in accordance with section 94 of the Act.

(5) The RTA, on receipt of a notice referred to in subclause (2), must acquire land zoned Special Uses (Main Road) 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 receipt of the notice, or

(ii) the RTA has decided not to give concurrence under clause 72 (2) 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 time,

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

(6) 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.

(7) In this clause and clause 72—

RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, there were no buildings, other than fences.

cl 70: Am 14.6.2002.