Part 1186 For what purposes may a council acquire land?
(1) A council may acquire land (including an interest in land) for the purpose of exercising any of its functions.(2) Without limiting subsection (1), a council may acquire:(a) land that is to be made available for any public purpose for which it is reserved or zoned under an environmental planning instrument, or(b) land which forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired under this Part.(3) However, if the land acquired is, before its acquisition, community land vested in a council, the acquisition does not discharge the land from any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land or any part of the land immediately before that acquisition.
187 How does a council acquire land?
(1) Land that a council is authorised to acquire under this Part may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.(2) A council may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.
188 Restriction on compulsory acquisition of land for re-sale
(1) A council may not acquire land under this Part by compulsory process without the approval of the owner of the land if it is being acquired for the purpose of re-sale.(2) However, the owner’s approval is not required if:(a) the land forms part of, or adjoins or lies in the vicinity of, other land acquired at the same time under this Part for a purpose other than the purpose of re-sale, or(b) the owner of the land cannot be identified after diligent inquiry has been made and at least 6 months has elapsed since that inquiry was made.(3) For the purposes of subsection (2) (b), diligent inquiry has the meaning given by the regulations, and includes the giving of notice of the proposed acquisition to the New South Wales Aboriginal Land Council and to the relevant Local Aboriginal Land Council.
Land may be acquired by a council under this Part even if it lies wholly or partly outside the council’s area.
190 Special provisions relating to land containing minerals
Division 4 of Part 8 of the Public Works Act 1912 applies to a council and land acquired by a council in the same way as that Division applies to a Constructing Authority and land acquired by a Constructing Authority.