Policy 3.2.7 Disposition of Land

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ISLANDS TRUST CONSERVANCY POLICY MANUAL 
 
ISLANDS TRUST CONSERVANCY 
BOARD POLICY 
 
 
 
 
Policy number:  3.2.7 
 
Title:  Disposition of Land Policy  
 
Approved By: Islands Trust Conservancy Board    
 
    Date:  March 24, 2003 Resolution #: TFB 03/555 
 
Revised  Date:  August 9, 2006    Resolution #: TFB 06/859 
 
Revised    Date:  November 24, 2011 Resolution#: TFB 11/1269 
 
PURPOSE 
This  policy  establishes  how  the Islands  Trust  Conservancy  Board will  dispose  of  land  and 
interests in lands that it owns or holds.  
 
Under this Policy, disposition includes: 
 
• the transfer of land or interests in land owned or held by the Islands Trust Conservancy 
by any means, including by sale or donation,  
• the granting of interests in land respecting land owned by the Islands Trust Conservancy, 
including by way of lease, license, easement, statutory right of way or covenant, and 
• any transfer or release of an interest in land held by the Islands Trust Conservancy over 
land  owned  by  a  third  party,  including  under  a  lease,  license,  covenant,  easement  or 
statutory right of way. 
Related Legislation 
The Islands Trust Act allows the Islands Trust Conservancy Board to dispose of land as follows:  
41 (2) (c) For  the  purpose  of  carrying  out  the  object  of  the  Trust,  the Islands  Trust 
Conservancy  Board may...subject to section 44(2), acquire, hold and dispose of 
land and other property. 

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ISLANDS TRUST CONSERVANCY POLICY MANUAL 
 
41 (3) for the purposes  of  acquiring, holding  and  disposing  of  land and  other property 
under (2) (c), the Islands Trust Conservancy may use the money, land and other 
property of the trust fund. 
44 (1) The Islands Trust Conservancy must prepare and submit to the minister, at least 
once every 5 years, a plan for the trust fund respecting 
a) policies  on  acquisition,  management  and  disposal  of  property  of  the trust 
fund, 
b) policies on investment of money of the trust fund, 
c) goals for major acquisitions of property by the trust fund, and 
d) other matters as required by the Minister. 
44 (2) The Islands  Trust  Conservancy must  not,  without  the  prior  approval  of  the 
minister, acquire, hold or dispose of land except in accordance with a trust fund 
plan under subsection (1) that has been approved by the minister. 
 
Policy 
1. The Islands  Trust Conservancy  Board will  consider  disposition  of  land  or  an  interest  in 
land based on a proposal from another government agency, conservation agency or from 
Islands Trust  Conservancy staff.  The  proposal  to  the  Board  will  be  accompanied  by  a 
preliminary staff report stating: 
a) the  purpose  of  the  proposed  disposition  and  the  intended  use  of  the  land  if 
transferred or sold; 
b) any  legal  or other  significant  impediments  to the  disposition  as  proposed,  including 
any  conditions  contained  in  the  original  donation,  bequest  or  endowment  of  the 
land or

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