Planning and Development Act 2005

The Commission is to hold for the purposes of the relevant region planning scheme, Swan Valley Planning Scheme or improvement plan any land acquired by it under this Part and may, subject to subsections (2) and (3), dispose of or alienate that land —

for or in furtherance of the provisions or likely provisions of the relevant region planning scheme, Swan Valley Planning Scheme or improvement plan; or

if that land is no longer required by the Commission.

Subject to subsection (3), except with the consent of the Governor, the Commission is not to dispose of or alienate any land compulsorily acquired by it other than for or in furtherance of the provisions or likely provisions of the relevant region planning scheme, Swan Valley Planning Scheme or improvement plan.

In exercising a power to dispose of or alienate land conferred by this section, the Commission is to have regard to the general principle that in such cases land acquired by the Commission should, if in the opinion of the Minister it is practicable and appropriate to do so, be first offered for sale at a reasonable price determined by the Minister to the person from whom that land was so acquired.

In relation to a part of a lot purchased or taken by the Commission in accordance with section 190(2) or 191(1A), in subsection (1), the reference to the purposes of the relevant region planning scheme or the Swan Valley Planning Scheme is a reference to the purposes for which the part of the lot was purchased or taken.