Environmental Planning and Assessment Act 1979

A relevant authority may, for a planning purpose specified in a subdivision order, acquire subdivision land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

A relevant authority may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.

The following provisions apply if compensation provided for that acquisition is in accordance with the rules set out in a development plan in force in relation to the land—

sections 44(2), 45(3), 49–51, 64, 66(4) and 68(2) of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply in relation to compensation other than monetary compensation,

all or any provisions of Division 4 of Part 3 of that Act do not apply, or apply with modifications, if the development plan so provides.

The rules set out in a development plan may provide that all or any of the provisions of Division 4 of Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 do not apply to the determination of compensation under that plan, or apply with such modifications as are set out in that plan.

If the rules set out in a development plan make provision as referred to in subclause (4), the Valuer-General must determine compensation to be offered to a person under the Land Acquisition (Just Terms Compensation) Act 1991 in respect of land acquired under this clause in accordance with the rules set out in any applicable development plan adopted by a relevant authority for the land.

For the purposes of this clause, a reference in the Land Acquisition (Just Terms Compensation) Act 1991 to an amount of compensation includes a reference to compensation other than monetary compensation and a reference to payment of compensation includes a reference to the provision of such compensation.

Subclauses (3)–(6) have effect despite any provision of the Land Acquisition (Just Terms Compensation) Act 1991.