Division 1 Acquisition of land generally

177   Power to acquire land generally

(1)  The Minister, RMS or a council may acquire land for any of the purposes of this Act.

(2)  Without limiting subsection (1), the Minister, RMS or 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 that forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired for the purpose of opening, widening or constructing a road or road work.

(3)  Without limiting subsection (1), RMS may also acquire land that it proposes to declare to be RMS development land.

178   Procedure for acquiring land

(1)  Land that is authorised to be acquired under this Division 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.

179   Restriction on compulsory acquisition of land for resale

(1)  Land may not be acquired by compulsory process under this Division 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 the land forms part of, or adjoins or lies in the vicinity of, other land acquired at the same time under this Division for a purpose other than the purpose of re-sale or if the land is proposed to be RMS development land.

180   Special provisions relating to land containing minerals

Division 4 of Part 8 of the Public Works Act 1912 applies to the Minister, RMS and a council, and to land acquired by the Minister, RMS or a council, in the same way as it applies to a constructing authority within the meaning of that Act and to land acquired by a constructing authority.