Local Government Act 1993

A council may acquire land (including an interest in land) for the purpose of exercising any of its functions.

Without limiting subsection (1), a council may acquire—

land that is to be made available for any public purpose for which it is reserved or zoned under an environmental planning instrument, or

land which forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired under this Part.

However, if the land acquired is, before its acquisition, community land vested in a council, the acquisition does not discharge the land from any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land or any part of the land immediately before that acquisition.