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
(a) land that is to be made available for any public purpose for which
it is reserved or zoned under an environmental planning instrument,
(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
(2) A council may not give a proposed acquisition notice under the
Land Acquisition (Just Terms Compensation)
Act 1991 without the approval of the
179 Restriction on compulsory acquisition of land for
(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
180 Special provisions relating to land containing
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