LANDS ACQUISITION ACT 1989
PRE-ACQUISITION DECLARATION
1. Acquisition
In accordance with the Lands Acquisition Act 1989, I am considering the acquisition of the interests in land specified in paragraph 3 for the public purpose described in paragraph 4.
The Commonwealth of Australia is the acquiring authority.
2. The Land
This declaration relates to the whole of the land comprised in Lot 11 in Deposited Plan 1239207
(‘the Land’).
The Land is approximately 8.537 hectares and is located in the State of New South Wales. A plan showing the approximate location of the Land, as ‘The Northern Road’, is set out in the Schedule.
3. The Interests in Land
This declaration relates to the acquisition of all interests in the Land but excluding any interest in the Land or in any improvement upon or in the Land held by:
a. a network operator (as that term is defined in the Electricity Supply Act 1995 (NSW)) under legislation, authorising the network operator to erect, install, operate and maintain a distribution system or transmission system (as relevant, and as those terms are defined in the Electricity Supply Act 1995 (NSW)) that crosses the Land;
b. a telecommunications service provider under the Telecommunications Act 1997, authorising the provider to erect, install, operate and maintain telecommunications works in respect of telecommunications lines that cross the Land; and
c. a competent authority under legislation, authorising the authority to erect, install, operate and maintain works in respect of the provision of gas, water or sewerage that cross the Land (including under the Sydney Water Act 1994 (NSW)).
4. Public Purpose
The public purpose of the acquisition is trade and commerce with other countries, and among the States.
5. Suitability for use for a public purpose
The Land appears to be suitable for use for the public purpose described in paragraph 4.
6. Particulars of Proposed Use
The Land is proposed:
a. to be incorporated as part of the airport site for ‘Sydney West Airport’ set out in Part 1.19A of Schedule 1 of the Airports Regulations 1997; and
b. to be the subject of an airport lease to WSA Co Limited to be granted pursuant to section 13 of the Airports Act 1996,
for the purposes of facilitating the development and future expansion of Western Sydney Airport as envisaged by the Airport Plan for Western Sydney Airport, determined on 5 December 2016.
7. Reasons why the Land appears to be Suitable for the Proposed Use
The reason why the Land appears to be suitable for the use described in paragraph 6 is because of:
a. the Land's location which divides the existing airport site for the Western Sydney Airport, which is the subject of an airport lease granted pursuant to section 13 of the Airports Act 1996 to WSA Co Limited; and
b. the need for, and proposed use of, the land as shown in the indicative airport layout (Stage 1) in Figure 2 of the Airport Plan for Western Sydney Airport, determined on 5 December 2016.
DATED this 28th day of September 2018.
Signed by Elizabeth Hickey, A/g Assistant Secretary
Commonwealth Property Efficiency Branch
Elizabeth Hickey
Assistant Secretary
Property & Construction Division
Department of Finance
Canberra ACT 2600
Schedule – Location of the Land
Note: This Pre-Acquisition Declaration signifies that the Commonwealth is considering acquisition of the interests in land specified in paragraph 3. It does NOT mean that the interests in land have been acquired.