20Acquisition of land reserved for roads

20 Acquisition of land reserved for roads

20 Acquisition of land reserved for roads

(1) In this clause and clause 21—

vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, or an application for development consent pursuant to clause 21 (1) is lodged, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, tables, fowl houses, pig sties, barns or the like.

(2) The owner of any vacant land within Zone No 5 (c) may, by notice in writing, require—

(a) the RTA, in the case of land that is included in the 5 year works programme of the RTA current at the time of the receipt of the notice or that is at Gipps Street, Claremont Meadows, or

(b) the corporation, in any other case, to acquire the land.

(3) The owner of any land within Zone No 5 (c) that is not vacant may, by notice in writing, require the RTA to acquire the land if—

(a) the land is included in the 5 year works programme of the RTA current at the time of the receipt of the notice, or

(b) (Repealed)

(c) 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.

(4) On receipt of a notice under this clause, the RTA or the corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.

cl 20: Am 2008 (486), Sch 1 [4]; 2021 (716), Sch 1.17[1].