Division 3Division 3 Owner-initiated acquisition in cases of hardship
21 Definition of “land designated for acquisition for a public purpose”
(1) For the purposes of this Division, land is designated for acquisition by an authority of the State for a public purpose if:(a) an authority of the State has, in connection with an application for development consent or building approval, given the local authority or other person dealing with the application written notice that the land has been designated by the authority of the State for future acquisition by it for a public purpose, or(b) the land is reserved by an environmental planning instrument for use exclusively for a purpose referred to in section 26 (1) (c) of the Environmental Planning and Assessment Act 1979 and the instrument (or some other environmental planning instrument) specifies that authority as the authority required to acquire the land.(2) For the purposes of subsection (1) (a), a notice given by an authority of the State constitutes notice that the land has been designated for future acquisition by that authority only if the notice states that the authority will acquire the land at some future time or that the land is affected by a proposal of that authority that requires the acquisition of the land at some future time.(3) For the purposes of subsection (1) (b), land is reserved by an environmental planning instrument for use exclusively for a purpose referred to in section 26 (1) (c) of the Environmental Planning and Assessment Act 1979 only if:(a) the land is expressly set apart by that instrument for use exclusively for such a purpose, or(b) the land is expressly set apart by that instrument for use for such a purpose and also for other purposes, but those other purposes do not constitute a reasonable use of the land.The aims, objectives, policies and strategies of that instrument are to be taken into account in determining whether those other purposes constitute a reasonable use of the land.
(4) The Minister administering the Environmental Planning and Assessment Act 1979 is to institute any relevant proceedings under that Act to enable the designation of the public authority required to acquire land referred to in subsection (1) (b) in any case in which the relevant authority has not been designated.(5) Pending the designation of the relevant authority, the relevant authority is (if the land is required to be acquired under this Division) to be such authority as is determined by order in writing of the Minister administering the Environmental Planning and Assessment Act 1979.(6) A notice of a kind referred to in subsection (1) (a) is to be ignored for the purposes of this section unless it is given after the commencement of this section. However, a reference in subsection (1) (b) to a reservation extends to a reservation effected before that commencement.
22 Owners of land to whom Division applies
(1) This Division applies to the following owners of designated land:(a) a person who has the fee simple estate in the land,(b) a person who has become entitled to exercise a power of sale of the land.(2) This Division does not apply to an owner of land which is:(a) an authority of the State, or(b) a public company (within the meaning of the Corporations Act 2001 of the Commonwealth), or(c) a subsidiary (within the meaning of the Corporations Act 2001 of the Commonwealth) of such a public company.
23 Owner who suffers hardship may require authority of the State to acquire land designated for acquisition
(1) The owner of land to whom this Division applies may require an authority of the State, by notice in writing given to that authority, to acquire that land under this Act if:(a) the land is designated for acquisition by that authority for a public purpose, and(b) the owner considers that he or she will suffer hardship if there is any delay in the acquisition of the land under this Act.(2) The authority of the State must (subject to this Division) acquire the land within 90 days after the owner gives that authority notice under this section (or such longer period as that authority and the owner may agree on in writing).(3) If there is more than one owner of the land concerned, the notice under this section must be given by all the owners. It is sufficient if any one of those owners will suffer hardship.(4) An authority of the State is not required to acquire (under this Division) more land than it requires for the public purpose for which the land was designated or more interests in the land than it requires for that purpose.(5) A notice under this section must be in the form prescribed by the regulations or (if no such form is prescribed) in the form approved by the Minister.
(1) An authority of the State is not required to acquire land under this Division unless it is of the opinion that the owner will suffer hardship (within the meaning of this section) if there is any delay in the acquisition of the land under this Act.(2) An owner of land suffers hardship if:(a) the owner is unable to sell the land, or is unable to sell the land at its market value, because of the designation of the land for acquisition for a public purpose, and(b) it has become necessary for the owner to sell all or any part of the land without delay:(i) for pressing personal, domestic or social reasons, or(ii) in order to avoid the loss of (or a substantial reduction in) the owner’s income.(3) However, if the owner of the land is a corporation to which this Division applies, the corporation does not suffer hardship unless it has become necessary for the corporation to sell all or any part of the land without delay:(a) for pressing personal, domestic or social reasons of an individual who holds at least 20 per cent of the shares in the corporation, or(b) in order to avoid the loss of (or a substantial reduction in) the income of such an individual.
25 Method of acquisition under this Division
(1) Land required to be acquired under this Division is to be acquired by compulsory process.(2) However, nothing in this Division prevents the land concerned from being acquired by agreement instead of compulsory process within the period required by this Division.(3) Division 1 (Pre-acquisition procedures) does not apply to an acquisition of land under this Division.
26 Compensation for acquisition under this Division
The special value of land, any loss attributable to severance or disturbance and solatium (as referred to in Part 3) need not be taken into account in connection with an acquisition of land under this Division, despite anything to the contrary in that Part.
27 Authority of the State may lift designation of land
An authority of the State is not required to acquire land under this Division if, before it is required to acquire the land:(a) in the case of land designated for acquisition as referred to in section 21 (1) (a)—that authority gives the owner of the land written notice that the land is no longer designated by that authority for future acquisition, or(b) in the case of land designated for acquisition as referred to in section 21 (1) (b)—that authority gives the owner a written undertaking that it will use its best endeavours to remove the relevant reservations and a written notice that the land is no longer designated by that authority for future acquisition.