Environmental Planning and Assessment Act 1979 No 203
Historical version for 3 March 2008 to 30 June 2008 (accessed 20 May 2013 at 23:04)
Current version
9 Power to acquire land etc
(1) The corporation may, for the purposes of this Act or pursuant to
any function conferred or imposed on the Minister or the Director-General by
any environmental planning instrument, acquire land by agreement or by
compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act
1991.
(2) Without limiting the generality of subsection (1), the corporation
may acquire in any manner authorised by that subsection:(a) any land to which an environmental planning instrument applies and
which the Minister considers should be made available in the public interest
for any purpose,
(b) any land of which that proposed to be acquired under this Part
forms part, or
(c) any land adjoining or in the vicinity of any land proposed to be
acquired under this Part, or
(d) a leasehold or any other interest in
land.
(3) The corporation may acquire, by gift inter vivos, devise or
bequest, any property for the purposes of this Act and may agree to the
condition of any such gift, devise or bequest.
(4) The rule of law against remoteness of vesting shall not apply to
any such condition to which the corporation has
agreed.
(5) Where the corporation acquires property under subsection
(3):(a) neither an instrument that effects the acquisition nor any
agreement pursuant to which the property is acquired is chargeable with duty
under the Stamp Duties Act
1920, and
(b) the property, or the value of the property, shall not be included
in the dutiable estate of the donor or testator for the purposes of assessing
death duty under that Act.