Planning and Development Act 2005

In section 187(1), the reference to the provisions of section 174(1) includes those provisions as applied by section 186(2).

The Commission may purchase any of the following land —

land within a proposed planning control area;

land that would be brought within a planning control area as a result of a proposed change to the area;

land within a planning control area.

The Commission may compulsorily take any land within a planning control area under and subject to the Land Administration Act 1997 Part 9 as if the land were required for a public work (as defined in the Public Works Act 1902 section 2).

Sections 191(3) and 192 apply with any necessary modifications to the taking of land under subsection (3) as they apply to the taking of land under section 191.

For the purposes of subsection (4), in section 192(1)(a), the reference to the relevant planning scheme is to be read as a reference to the declaration of the planning control area under section 112.

The Commission —

must hold any land acquired by the Commission under this section for the purpose, or for any 1 or more of the purposes, for which the land is required as referred to in section 112(1); and

may dispose of or alienate the land —

for that purpose or 1 or more of those purposes; or

if the land is no longer required for that purpose or any of those purposes.

Land acquired under subsection (3) can be disposed of or alienated under subsection (6)(b)(ii) only with the Governor’s consent.

Section 196(3) applies to the power to dispose of or alienate land conferred by subsection (6)(b) as it applies to a power conferred by section 196.

In section 197, references to the purposes of a region planning scheme include the purposes, or any 1 or more of the purposes, for which land within a planning control area is required as referred to in section 112(1).