35Acquisition of land within Zone No 9

35 Acquisition of land within Zone No 9

35 Acquisition of land within Zone No 9

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 land within Zone No 9 (being land specified in Column 1 of the Table to this clause) may, by notice in writing, require the public authority specified opposite that land in Column 2 of that Table to acquire that land.

(2) On receipt of a notice referred to in subclause (1), the public authority concerned shall acquire the land.

(3) Until the land referred to in subclause (1) is acquired by the public authority concerned, development for any purpose may, with the consent of the Council, be carried out on that land.

(4) (Repealed)

(5) The Council may, in granting consent, apply conditions requiring—

(a) the removal of the building or work for which it has granted consent,

(b) the reinstatement of the land or removal of any waste materials or refuse, or

(c) compliance with any condition required by the Council,

with or without the payment of compensation by the public authority.

(6) In considering whether to grant consent under subclause (3), the Council must take into consideration—

(a) the effect of the proposed development on the costs of acquisition, and

(b) the imminence of acquisition.

Table

| Column 1 | Column 2 | | Land within Zone No 9 and marked “9 (a)” and “Technical College” on the map | Minister for Education and Training | | Land within Zone No 9 and marked “9 (a)” and “School” on the map | Minister for Education and Training | | Land within Zone No 9 and marked “9 (a)” and “Hospital” on the map | Minister for Health | | Land within Zone No 9 and marked “9 (a)” and “Parking” on the map | The Council | | Land within Zone No 9—Proposed local road and lettered “9 (c)” on the map | The Council | | Land within Zone No 9—Proposed Open Space and lettered “9 (d)” on the map | The Council | | Land within Zone No 9 and marked “9 (a)” and “University Purposes” on the map | University of Wollongong |

cl 35: Am 2008 (571), Sch 3.194 [15]–[19].

Am 3.1.1992; 2006 (193), Sch 1 [33].