Environmental Planning and Assessment Act 1979

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.

Without limiting the generality of subclause (1), the Planning Ministerial Corporation may acquire in any manner authorised by that subclause—

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

any land of which that proposed to be acquired under this clause forms part, or

any land adjoining or in the vicinity of any land proposed to be acquired under this clause, or

a leasehold or any other interest in land.

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.

The rule of law against remoteness of vesting does not apply to any such condition to which the Planning Ministerial Corporation has agreed.

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.

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.