The Minister, the Roads and Maritime Services (RMS) or local councils may acquire land:
- that is to be made available for any public purpose for which it is reserved or zoned under an environment planning instrument (see s.177 Roads Act 1993), or
- that forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired for the purpose of opening, widening or constructing a road or road work see s.203 Roads Act 1993.
The RMS may also require land that it proposes to declare to be RMS development land.
Land that is authorised may be acquired by agreement or compulsory process in accordance with the Land Acquisition (Just Term Compensation) Act 1991 see s.178 Roads Act 1993.
In respect to Torrens Title land, a Request form 11R (PDF 131 KB) must be completed and lodged in NSW LRS requesting the Registrar General to note that a proposed acquisition notice (or its withdrawal or amendment) has been issued, affecting the land specified in the request.
In respect of Old System land, an instrument should be lodged in NSW LRS for registration in the General Register of Deeds together with a registration copy prepared in accordance with cl.4(1) Conveyancing (General) Regulation 2003. Alternatively NSW LRS will prepare the registration copy for an additional fee.
A Request form 11R (PDF 131 KB) for Torrens title land may be lodged in NSW LRS to note that a proposed acquisition notice (or its withdrawal or amendment) has been issued. In respect of Old System land an instrument should be lodged for registration in the General Register of Deeds.
Note A council may not prepare a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister for Local Government.
Acquisition by road authorities (not the Crown) road authorities must lodge a deposited plan of survey of the proposed road with NSW LRS.
Private application for acquisition of public road
any person, may apply for acquisition of land designated for the purpose of a public road.
acquisition plans should comply with the normal requirements for a Deposited Plan.