5Relevant acquisition authority [compulsory]

#### 5 Relevant acquisition authority [compulsory] 5.1 Relevant acquisition authority \[compulsory\] > > (1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions). > > > > Note. > > > > If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land. > > > (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). > > > > | Type of land shown on Map | Authority of the State | > > | Zone RE1 Public Recreation and marked “Local open space” | Council | > > | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | > > | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | > > | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | > > > > Direction. > > > > Land is required to be shown on the Land Reservation Acquisition Map if it is expressly set apart by the Plan exclusively for a public purpose referred to in section 3.14(1)(c) of the Act. However, any such land that is held by an authority of the State, or by a public company or a subsidiary of a public company (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) is not required to be shown on that Map. An authority of the State is to be listed for all land shown on the Land Reservation Acquisition Map, but the land is not to be so reserved and the authority listed unless the authority consents to its being listed. > > > (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. > > **cl 5.1 (previously cl 25):** Am 2007 (600), Sch 2 \[62\]. Renumbered 2007 (600), Sch 2 \[182\]. Am 2011 No 41, Sch 5.52; 2019 (620), Sch 2\[13\]–\[15\]; 2020 No 30, Sch 4.92; 2021 (650), Sch 1\[25\].