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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Current version for 1 July 2019 to date (accessed 16 September 2019 at 22:50)
Schedule 2
Schedule 2 Provisions relating to planning bodies
(Sections 2.3, 2.11, 2.12, 2.16, 2.20)
Part 1 Preliminary
1   Definitions
(cf previous cl 268C of EPA Reg)
In this Schedule:
appoint means nominate in relation to a council nominee of a Sydney district or regional planning panel.
member means the chairperson, council nominee or other member of a planning body.
planning body means any of the following:
(a)  the Independent Planning Commission,
(b)  a Sydney district planning panel,
(c)  a regional planning panel,
(d)  a local planning panel,
(e)  a panel established by the Minister or Planning Secretary under section 2.3.
Part 2 Independent Planning Commission—public hearings and procedure
2   Definitions
In this Part:
chairperson means the person appointed by the Minister as the chairperson of the Commission.
Commission means the Independent Planning Commission.
3   Public hearings by Commission
(cf previous cl 268R of EPA Reg)
(1)  The Commission must conduct a public hearing if (and only if):
(a)  the Commission is requested to do so by the Minister under section 2.9 (1) (d), or
(b)  the Minister has determined in a gateway determination that the Commission is to conduct a public hearing into a planning proposal for provisions of a local environmental plan.
(2)  The Commission must give reasonable notice of the public hearing:
(a)  by advertisement published in such manner as the Commission thinks fit, and
(b)  by notice in writing to any public authorities that the Commission thinks are likely to have an interest in the subject-matter of the public hearing.
(3)  The notice of a public hearing must contain the following matters:
(a)  the subject-matter of the public hearing,
(b)  the time, date and place of the public hearing,
(c)  a statement that submissions may be made to the Commission in relation to the subject-matter concerned not later than the date specified in the notice (being a date not less than 14 days after the notice is given),
(d)  if the public hearing relates to an application for development consent—a statement of the effect the public hearing will have on any appeal rights in relation to the application.
(4)  If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that part of any public hearing is to take place in private and give directions as to the persons who may be present.
4   Attendance of witnesses and production of documents at public hearings
(cf previous cl 268Q of EPA Reg)
(1)  The chairperson of the Commission may require a person:
(a)  to attend a public hearing of the Commission to give evidence, or
(b)  to produce to the Commission a document that is relevant to a public hearing conducted by the Commission,
at a time, date and place specified in a notice given to the person.
(2)  A person must not, without reasonable excuse, fail to comply with a requirement to attend a public hearing, or to produce a document.
Maximum penalty: $11,000.
(3)  The Commission may permit a person appearing as a witness before the Commission to give evidence by tendering a written statement.
5   Commission may restrict publication of evidence
(cf previous cl 268U of EPA Reg)
(1)  If the Commission is satisfied that it is desirable to do so in the public interest because of the confidential nature of any evidence or matter or for any other reason, the Commission may direct that evidence given before the Commission or contained in documents lodged with the Commission is not to be published or may only be published subject to restrictions.
(2)  A person must not, without reasonable excuse, fail to comply with a direction given by the Commission under this clause.
Maximum penalty: $11,000.
6   Reports by Commission after public hearing
(cf previous cl 268V of EPA Reg)
(1)  The Commission must provide a copy of its findings and recommendations after a public hearing held by it (a final report):
(a)  to the Minister or to such other person or body as the Minister may direct, and
(b)  in the case of proposed development the subject of an application for development consent—to the consent authority and to any public authority whose concurrence is required to the development, and
(c)  to such other persons as the Commission thinks fit.
(2)  A final report must contain a summary of any submissions received by the Commission in relation to the subject-matter of the public hearing.
(3)  A final report is to be made publicly available on the NSW planning portal within a reasonable time after it has been provided to the Minister or to a person or body directed by the Minister.
(4)  This clause does not apply if the public hearing relates to proposed development the subject of an application for development consent for which the Commission is the consent authority.
7   Annual report by Commission
(cf previous cl 268W of EPA Reg)
(1)  The Commission must provide to the Minister an annual report on its operations in the preceding year.
(2)  An annual report is to be made publicly available on a government website within a reasonable time after it has been provided to the Minister.
8   Regulations
The regulations may make provision for or with respect to the following:
(a)  the procedures of the Commission, including the procedures for public hearings relating to any or all, or a class, of its functions,
(b)  without limiting paragraph (a), providing that parties are not to be represented (whether by an Australian legal practitioner or any other person) or are to be represented only in specified circumstances,
(c)  requiring the provision of information to the Commission for the purposes of a public hearing or the exercise of any of its other functions,
(d)  the provision of information or reports by the Commission.
Part 3 Sydney district and regional planning panels—constitution
9   Constitution of Sydney district planning panels
The following Sydney district planning panels are constituted for the parts of the Greater Sydney Region (within the meaning of the Greater Sydney Commission Act 2015) situated within the local government areas specified in relation to each panel:
(a)  Sydney Eastern City Planning Panel—local government areas of Bayside, Burwood, Canada Bay, Inner West, City of Randwick, Strathfield, Waverley and Woollahra.
(b)  Sydney North Planning Panel—local government areas of Hornsby, Hunter’s Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Northern Beaches, City of Ryde and City of Willoughby.
(c)  Sydney South Planning Panel—local government areas of Canterbury-Bankstown, Georges River and Sutherland Shire.
(d)  Sydney Central City Planning Panel—local government areas of City of Blacktown, Cumberland, City of Parramatta and The Hills Shire.
(e)  Sydney Western City Planning Panel—local government areas of City of Blue Mountains, City of Campbelltown, Camden, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Penrith and Wollondilly.
10   Constitution of regional planning panels
The following regional planning panels are constituted for the parts of the State situated within the local government areas specified in relation to each panel:
(a)  Hunter and Central Coast Regional Planning Panel—local government areas of Central Coast, Cessnock City, Dungog, Lake Macquarie City, Maitland City, Mid-Coast, Muswellbrook, Newcastle City, Port Stephens, Singleton and Upper Hunter Shire.
(b)  Northern Regional Planning Panel—local government areas of Armidale Regional, Ballina, Bellingen, Byron, Clarence Valley, Coffs Harbour City, Glen Innes Severn Shire, Gunnedah, Gwydir, Inverell, Kempsey, Kyogle, Lismore City, Liverpool Plains, Moree Plains, Nambucca, Narrabri, Port Macquarie-Hastings, Richmond Valley, Tamworth Regional, Tenterfield, Tweed, Uralla and Walcha.
(c)  Southern Regional Planning Panel—local government areas of City of Albury, Bega Valley, Coolamon, Cootamundra-Gundagai Regional, Eurobodalla, Goulburn Mulwaree, Greater Hume Shire, Hilltops, Junee, Kiama, Lockhart, Queanbeyan-Palerang Regional, Shellharbour City, Shoalhaven City, Snowy Monaro Regional, Snowy Valleys, Temora, Upper Lachlan Shire, Wagga Wagga City, Wingecarribee, Wollongong City and Yass Valley.
(d)  Western Regional Planning Panel—local government areas of Balranald, Bathurst Regional, Berrigan, Bland, Blayney, Bogan, Bourke, Brewarrina, Broken Hill City, Cabonne, Carrathool, Central Darling, Cobar, Coonamble, Cowra, Dubbo Regional, Edward River, Federation, Forbes, Gilgandra, Griffith City, Hay, Lachlan, Leeton, City of Lithgow, Mid-Western Regional, Murray River, Murrumbidgee, Narrandera, Narromine, Oberon, Orange City, Parkes, Walgett, Warren, Warrumbungle Shire, Weddin and Wentworth.
Part 4 Provisions relating to members of planning bodies
11   Terms of office of members
(cf previous Sch 3, cl 5; Sch 4, cl 4)
(1)  A member of a planning body holds office, subject to this Act and the regulations, for such period (not exceeding 3 years) as is specified in the member’s instrument of appointment.
(2)  That period may be determined by reference to the occurrence of a specified event or the completion of the exercise of particular functions of the planning body.
(3)  A member is eligible (if otherwise qualified) for re-appointment.
(4)  A member of the Independent Planning Commission may not hold office as a member for more than 6 years in total.
(4A)  Despite any other provision of this clause, the Minister may, by instrument in writing, extend the term of appointment of a member of the Independent Planning Commission for the purpose of enabling the member to complete a function as a member after the time that the term would otherwise end.
(5)  A State member of a Sydney district planning panel may not hold office as a member of that panel for more than 9 years in total.
(6)  A member of a local planning panel may not hold office as a member of that panel for more than 6 years in total.
12   Full-time or part-time office
(cf previous Sch 3, cl 6; Sch 4, cl 5)
(1)  The Minister may appoint a member of the Independent Planning Commission on either a full-time or part-time basis. The Minister may change the basis of the appointment during the member’s term of office.
(2)  The office of a member of any other planning body is a part-time office.
13   Deputy chairperson—Sydney district or regional planning panels
(cf previous Sch 4, cl 7)
(1)  A Sydney district planning panel or a regional planning panel may elect a deputy chairperson from among its State members (either for the duration of the person’s term of office as a member or for a shorter term).
(2)  The deputy chairperson vacates office as deputy chairperson if he or she:
(a)  is removed from that office by the panel, or
(b)  resigns that office by instrument in writing addressed to the panel, or
(c)  ceases to be a member of the panel.
14   Remuneration of members
(cf previous Sch 3, cl 7; Sch 4, cl 6; cl 268L of EPA Reg)
(1)  A member of a planning body (other than a full-time member of the Independent Planning Commission) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(2)  A full-time member of the Independent Planning Commission is entitled to be paid:
(a)  remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b)  such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
15   Alternate members (except for Independent Planning Commission)
(cf previous Sch 4, cl 8; cl 268M of EPA Reg)
(1)  In this clause:
appointing authority for a member of a planning body means the Minister, the Planning Secretary or the council that appointed the member.
planning body does not include the Independent Planning Commission.
(2)  The appointing authority may, from time to time, appoint a person to be the alternate of a member of a planning body, and may revoke any such appointment.
(3)  The Minister may direct appointing authorities to appoint persons as alternates of members of local planning panels.
(4)  A person is not eligible to be appointed as the alternate of a member of a planning body unless the person is eligible to be appointed as that member.
(5)  In the absence of a member, the member’s alternate may, if available, act in the place of the member.
(6)  While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(7)  A person may be appointed as the alternate of 2 or more members, but may represent only one of those members at any meeting of the planning body.
(8)  In the case of State members of a Sydney district or regional planning panel or members of a local planning panel, a number of persons may be appointed as the alternate of one or more members. The person who may act in the place of a member on any particular occasion is the person determined by the chairperson of the panel concerned.
(9)  A person while acting in the place of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(10)  If the chairperson of a planning body is appointed from among a number of members of the body, the alternate of a member who is the chairperson does not have the member’s functions as chairperson unless the appointing authority authorises the alternate to exercise those functions.
16   Removal from office of members
(cf previous Sch 3, cl 8; Sch 4, cl 9)
(1)  The Minister may remove a member of a planning body (other than a local planning panel) from office at any time for any reason and without notice. However, the Minister must provide a written statement of the reasons for removing the member from office and make the statement publicly available.
(2)  The Minister may remove a member of a planning body from office if the Independent Commission Against Corruption, in a report referred to in section 74C of the Independent Commission Against Corruption Act 1988, recommends that consideration be given to the removal of the member from office because of corrupt conduct by the member.
(3)  In the case of a council nominee of a Sydney district or regional planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the council nominee from office and make the statement publicly available.
(4)  In the case of a member of a local planning panel, the applicable council may remove the member from office at any time for any reason and without notice. However, the general manager of the applicable council must provide a written statement of the reasons for removing the member from office and make the statement publicly available.
17   Vacancy in office of member
(cf previous Sch 3, cl 8; Sch 4, cl 9)
(1)  The office of a member becomes vacant if the member:
(a)  dies, or
(b)  completes a term of office and is not re-appointed, or
(c)  resigns the office by instrument in writing addressed to the Minister or, in the case of a council nominee of a Sydney district or regional planning panel or a member of a local planning panel), addressed to the applicable council, or
(d)  is removed from office under this or any other Act, or
(e)  is absent from 3 consecutive meetings of the planning body of which reasonable notice has been given to the member personally or by post, except on leave granted by the planning body or unless the member is excused by the planning body for having been absent from those meetings, or
(f)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g)  becomes a mentally incapacitated person, or
(h)  is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(i)  in the case of a member of a Sydney district planning panel, a regional planning panel or a local planning panel—becomes a councillor, property developer or real estate agent and for that reason is not eligible to be appointed as a member of the panel.
(2)  If the office of a member becomes vacant, a person may, subject to this Act and the regulations, be appointed to fill the vacancy.
18   Chairperson—vacation of office
(cf previous Sch 3, cl 10; Sch 4, cl 11)
(1)  If the chairperson of a planning body is appointed by the Minister or the Planning Secretary from among a number of members of the body, the person vacates office as chairperson if he or she:
(a)  is removed from the office of chairperson by the Minister or the Planning Secretary, or
(b)  resigns the office of chairperson by instrument in writing addressed to the Minister or the Planning Secretary.
(2)  A person vacates office as chairperson of a planning body if the person vacates office as a member of the body.
19   Effect of certain other Acts
(cf previous Sch 3, cl 12; Sch 4, cl 13)
(1)  The statutory provisions relating to the employment of Public Service employees do not apply to the appointment or office of a member.
(2)  If by or under any Act provision is made:
(a)  requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or
(b)  prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
20   Special provision regarding composition of Sydney district or regional planning panel in the case of coastal protection works
(1)  This clause applies where a Sydney district or regional planning panel deals with the determination of a development application regarding coastal protection works on land within the coastal zone (within the meaning of the Coastal Management Act 2016).
(2)  If any State member of the panel (other than the chairperson) does not have expertise in coastal engineering or coastal geomorphology, the Minister is to appoint an alternate of the member who has that expertise, and that alternate member is to act in the place of the State member when the panel deals with the determination of that development application.
Part 5 Provisions relating to procedure of planning bodies
21   General procedure
(cf previous cl 268D of EPA Reg)
(1)  The procedure for the calling of meetings of a planning body and for the conduct of business at those meetings is, subject to this Act, to be as determined by the planning body.
(2)  Subject to this clause, a planning body is not bound by the rules of evidence.
(3)  Nothing in this Schedule derogates from any law relating to Crown privilege.
22   Quorum
(cf previous cl 268E of EPA Reg)
The quorum for a meeting of a planning body is a majority of its members for the time being.
23   Presiding member
(cf previous cl 268F of EPA Reg)
(1)  The chairperson or, in the absence of the chairperson, the deputy chairperson (if any) or a person elected by the members is to preside at a meeting of a planning body.
(2)  In the case of the Independent Planning Commission, the chairperson may appoint a member to preside at a meeting of the Commission, in which case a reference in subclause (1) to the chairperson includes a reference to any such appointed member.
(3)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
24   Voting
(cf previous cl 268G of EPA Reg)
A decision supported by a majority of the votes cast at a meeting of a planning body at which a quorum is present is the decision of the planning body.
25   Meetings
(cf previous cl 268H of EPA Reg)
(1)  The Independent Planning Commission may conduct its meetings in public, and is required to do so for the conduct of any business that is required by the Minister to be conducted in public.
(2)  A planning body (other than the Independent Planning Commission) is required to conduct its meetings in public.
(3)  A planning body is required to record meetings conducted in public (whether an audio/video record, an audio record or a transcription record). The record is required to be made publicly available on the website of or used by the planning body.
(4)  A planning body may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members. Any such meeting is taken to be conducted in public if the meeting is recorded and the record made publicly available as required by subclause (3).
26   Transaction of business outside meetings
(cf previous cl 268I of EPA Reg)
(1)  A planning body may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the planning body for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the planning body.
(2)  For the purposes of the approval of a resolution under this clause, the chairperson and each member of the planning body have the same voting rights as they have at an ordinary meeting of the planning body.
(3)  A resolution approved under this clause is to be recorded in the minutes of the meetings of the planning body and is to be made publicly available on the website of or used by the planning body.
(4)  Papers may be circulated among the members for the purposes of this clause by electronic transmission of the information in the papers concerned.
27   Disclosure of pecuniary interests
(cf previous Sch 3, cl 11; Sch 4, cl 12)
(1)  If:
(a)  a member has a pecuniary interest in a matter being considered or about to be considered at a meeting of the planning body, and
(b)  the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the planning body.
(2)  A member has a pecuniary interest in a matter if the pecuniary interest is the interest of:
(a)  the member, or
(b)  the member’s spouse or de facto partner or a relative of the member, or a partner or employer of the member, or
(c)  a company or other body of which the member, or a nominee, partner or employer of the member, is a member.
(3)  However, a member is not taken to have a pecuniary interest in a matter as referred to in subclause (2) (b) or (c):
(a)  if the member is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or company or other body, or
(b)  just because the member is a member of, or is employed by, a council or a statutory body or is employed by the Crown, or
(c)  just because the member is a member of, or a delegate of a council to, a company or other body that has a pecuniary interest in the matter, so long as the member has no beneficial interest in any shares of the company or body.
(4)  A disclosure by a member at a meeting of the planning body that the member, or a spouse, de facto partner, relative, partner or employer of the member:
(a)  is a member, or is in the employment, of a specified company or other body, or
(b)  is a partner, or is in the employment, of a specified person, or
(c)  has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(5)  Particulars of any disclosure made under this clause must be recorded by the planning body and that record must be open at all reasonable hours to inspection by any person on payment of the fee determined by the planning body.
(6)  After a member has disclosed the nature of an interest in any matter, the member must not:
(a)  be present during any deliberation of the planning body with respect to the matter, or
(b)  take part in any decision of the planning body with respect to the matter.
(7)  For the purposes of the making of a determination by the planning body under subclause (6), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:
(a)  be present during any deliberation of the planning body for the purpose of making the determination, or
(b)  take part in the making by the planning body of the determination.
(8)  A contravention of this clause does not invalidate any decision of the planning body.
(9)  This clause extends to a council nominee of a Sydney district or regional planning panel, and the provisions of Part 2 (Duties of disclosure) of Chapter 14 of the Local Government Act 1993 do not apply to any such nominee when exercising functions as a member of the panel.
28   Code of conduct
(1)  The Minister may approve a code of conduct that is applicable to members of a planning body.
(2)  A code of conduct may relate to any conduct (whether by way of act or omission) in carrying out a member’s functions that is likely to bring the planning body or its members into disrepute.
(3)  The Minister may authorise a planning body to vary a code of conduct in relation to the members of that planning body.
29   Provision of information by planning bodies
(cf previous cl 268NA of EPA Reg)
A planning body must provide the Minister with such information and reports as the Minister may, from time to time, request.
Part 6 Planning Ministerial Corporation—property provisions
30   General land functions of Corporation
(cf previous s 11)
(1)  For the purposes of this Act, the Planning Ministerial Corporation may, in such manner and subject to such terms and conditions as it thinks fit, sell, lease, exchange or otherwise dispose of or deal with land vested in the Corporation and grant easements or rights-of-way over that land or any part of it.
(2)  Without affecting the generality of subclause (1), the Planning Ministerial Corporation may, in any contract for the sale of land vested in it, include conditions for or with respect to:
(a)  the erection of any building on that land by the purchaser within a specified period, or
(b)  conferring on the Corporation an option or right to repurchase that land if the purchaser has failed to comply with a condition referred to in paragraph (a), or
(c)  conferring on the Corporation an option or right to repurchase that land if the purchaser wishes to sell or otherwise dispose of that land before the expiration of a specified period or requiring the purchaser to pay to the Corporation a sum determined in a specified manner where the Corporation does not exercise that option or right, or
(d)  the determination of the repurchase price payable by the Corporation pursuant to a condition referred to in paragraph (b) or (c).
(3)  A condition included in a contract of sale pursuant to subclause (2) does not merge in the transfer of title to the land, the subject of the contract of sale, on completion of the sale.
(4)  In addition to other functions conferred or imposed on the Planning Ministerial Corporation under this or any other Act, the Corporation may, for the purposes of this Act:
(a)  manage land vested in the Corporation, and
(b)  cause surveys to be made and plans of surveys to be prepared in relation to land vested in the Corporation or in relation to any land proposed to be acquired by the Corporation, and
(c)  demolish, or cause to be demolished, any building on land vested in the Corporation of which it has exclusive possession, and
(d)  provide, or arrange, on such terms and conditions as may be agreed upon for the location or relocation of utility services within or adjoining or in the vicinity of land vested in the Corporation, and
(e)  subdivide and re-subdivide land and consolidate subdivided or re-subdivided land vested in the Corporation, and
(f)  set out and construct roads on land vested in the Corporation or on land of which the Corporation has exclusive possession, or on any other land with the consent of the person in whom it is vested, and
(g)  erect, alter, repair and renovate buildings on and make other improvements to or otherwise develop land vested in the Corporation or any other land, with the consent of a person in whom it is vested, and
(h)  cause any work to be done on or in relation to any land vested in the Corporation or any other land, with the consent of the person in whom it is vested, for the purpose of rendering it fit to be used for any purpose for which it may be used under any environmental planning instrument that applies to the land, and
(i)  by notification published in the Gazette, dedicate any land vested in the Corporation as a reserve for public recreation or other public purposes and fence, plant and improve any such reserve.
(5)  In the exercise of any function under subclause (4) (f), consultations are to be held with Roads and Maritime Services, the relevant council and such other persons as the Minister determines.
(6)  In relation to any land (whether vested in the Planning Ministerial Corporation or not), the Corporation may exercise any function that is necessary or convenient to be exercised in, or for any purpose of, the application of any part of a Development Fund established under Division 7.3.
31   Power of Corporation to acquire land etc
(cf previous ss 9, 10, 11, 12)
(1)  The Planning Ministerial Corporation may, for the purposes of this Act or pursuant to any function conferred or imposed on the Minister or the Planning Secretary by an 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 subclause (1), the Planning Ministerial Corporation may acquire in any manner authorised by that subclause:
(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, or
(b)  any land of which that proposed to be acquired under this clause forms part, or
(c)  any land adjoining or in the vicinity of any land proposed to be acquired under this clause, or
(d)  a leasehold or any other interest in land.
(3)  The Planning Ministerial 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 does not apply to any such condition to which the Planning Ministerial Corporation has agreed.
(5)  If the Planning Ministerial Corporation acquires property under subclause (3), neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Duties Act 1997.
(6)  For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under this clause is taken to be for an authorised work and the Planning Ministerial Corporation is, in relation to that authorised work, taken to be the Constructing Authority. Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed by the Planning Ministerial Corporation.
32   Notification of interests
(cf previous s 12)
(1)  The Registrar-General must, at the request of the Planning Ministerial Corporation made in a manner approved by the Registrar-General and on payment of the fee prescribed under the Real Property Act 1900, make, in the Register kept under that Act, a recording appropriate to signify:
(a)  that land specified in the request is held subject to a condition authorised under clause 30, or
(b)  that a recording made pursuant to paragraph (a) has ceased to have effect.
(2)  The Planning Ministerial Corporation is not to make a request pursuant to subclause (1) (a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not to be concerned to inquire whether any such request has been made for that purpose.
(3)  Where a recording pursuant to subclause (1) (a) has been made in respect of any land, the Registrar-General must not register under the Real Property Act 1900 a transfer of that land to or by a person other than the Planning Ministerial Corporation unless it would be so registrable if this Schedule had not been enacted and unless:
(a)  a recording pursuant to subclause (1) (b) has been made in respect of the land, or
(b)  the consent of the Corporation to the transfer has been endorsed on the transfer.
(4)  When a recording is made pursuant to subclause (1) in respect of any land, the Planning Secretary must notify the council in whose area the land is situated of the recording.