19Classification and
reclassification of public land as operational land
(1)
The public land referred to in Schedule 5 is
classified or reclassified as operational land for the purposes of the Local Government Act 1993, subject to
this clause.
(2)
In accordance with section 30 of the Local Government Act 1993, a parcel of
land described in Part 2 of Schedule 5, to the extent (if any) that it is a
public reserve, ceases to be a public reserve on the commencement of the
relevant amending plan and, by the operation of that plan, is discharged from
any trusts, estates, interests, dedications, conditions, restrictions or
covenants affecting the land or any part of the land, except for:
(a1)
those (if any) specified in relation to the land
in Part 2 of Schedule 5, and
(a)
any reservations that except land out of a Crown
grant relating to the land, and
(b)
reservations of minerals (within the meaning of
the Crown Lands Act
1989).
(3)
Before the relevant amending plan inserted a
description of land in Part 2 of Schedule 5, the Governor approved of
subclause (2) applying to the land.
(4)
In this clause, the
relevant amending plan, in relation to land described in
Part 2 of Schedule 5, means this plan or, if the description of the land is
inserted into that Part by another local environmental plan, that
plan.
(4A)
Land described in Part 3 of Schedule 5:
(a)
to the extent (if any) that the land is a public
reserve, does not cease to be a public reserve, and
(b)
continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants by which it was
affected before its classification, or reclassification, as the case requires,
as operational land.
(5)
Land described in Part 1 of Schedule 5 is not
affected by the amendments to section 30 of the Local
Government Act 1993 made by the Local Government Amendment
(Community Land Management) Act
1998.
cl 19: Am
24.12.2004.
21Reservation of land for public
purposes, its interim use and its acquisition
(1)
In this clause:
the
RTA means the Roads and Traffic Authority constituted under
the Transport Administration Act
1988.
the
SRA means the State Rail Authority.
vacant
land means land on which, immediately before the day on
which a notice under subclause (2) is given, there were no buildings other
than fences, greenhouses, conservatories, garages, summer houses, private boat
houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay
sheds, stables, fowl houses, pig sties, barns or the
like.
(2)
The owner of any land within Zone 5 (b) may, by
notice in writing, require:
(a)
the RTA to acquire that land if it is marked
“Arterial Road” on the zoning map, or
(b)
the SRA to acquire that land if it is marked
“Rail” on the zoning map, or
(c)
the Council to acquire other land nominated for
another purpose on the zoning map.
(3)
On receipt of a notice under subclause (2), the
public authority concerned shall acquire the land if:
(a)
in the case of land marked “Arterial
Road” or “Rail” on the zoning map, the land is included in
the 5-year works program of the RTA or the SRA, respectively, current at the
time of the notice, or
(b)
in the case of land referred to in subclause (2)
(c), the land is included in a section 94 contributions plan or a Council
adopted works program current at the time of the notice,
or
(c)
in the case of land marked “Arterial
Road” or “Rail” on the zoning map, the RTA or the SRA,
respectively, has decided not to give its concurrence under subclause (5) (a)
to an application to carry out development on the land, or
(d)
the Council has decided not to grant consent to
develop the land on the basis of the matters specified in subclause (6),
or
(e)
the public authority required to acquire the land
is of the opinion that the owner of the land will suffer hardship if the land
is not acquired within a reasonable timeframe.
(4)
Despite subclause (3), the public authority
concerned need not acquire the land if it might reasonably be required to be
dedicated for the purpose for which it has been reserved, as marked on the
zoning map.
(5)
Despite any other provision of this plan:
(a)
land referred to in subclause (2) (a) and (b) may
be developed only with the concurrence of the RTA and the SRA, respectively,
and
(b)
land referred to in subclause (2) (c) may be
developed with the consent of the Council for any purpose which may be carried
out in an adjacent zone.
(6)
In deciding whether to grant concurrence for
consent to proposed development, the public authority concerned must take the
following matters into consideration:
(a)
the need to carry out development on the land for
the purpose nominated on the zoning map,
(b)
the imminence of acquisition,
(c)
the likely additional cost to the authority
concerned resulting from the carrying out of the proposed
development.
cl 21: Am 2005 No 64,
Sch 2.41.