Restriction on power to sell, exchange or transfer without consideration land
114 Restriction on power to sell, exchange or transfer without consideration land
S. 114 (Heading) amended by No. 23/2024 s. 10(1).
S. 114(1) substituted by No. 23/2024 s. 10(2).
Except where section 116 applies, a Council must comply with this section if the Council—
sells land; or
exchanges land; or
transfers land without consideration; or
transfers land for a nominal amount.
S. 114(2) amended by No. 23/2024 s. 10(3)(a).
Before dealing with land in a manner described in subsection (1), the Council must—
S. 114(2)(a) amended by No. 23/2024 s. 10(3)(b).
at least 4 weeks prior to dealing with the land, publish notice of intention to do so—
on the Council's Internet site; and
in any other manner prescribed by the regulations for the purposes of this subsection; and
undertake a community engagement process in accordance with its community engagement policy; and
S. 114(2)(c) amended by No. 23/2024 s. 10(3)(c).
obtain from a person who holds the qualifications or experience specified under section 13DA(2) of the Valuation of Land Act 1960 a valuation of the land which is made not more than 6 months prior to dealing with the land.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- City of Melbourne (Electoral) Regulations 2022 · under sections 325 and 326
- Local Government (Electoral) Regulations 2020 · under sections 325 and 326
- Local Government (Governance and Integrity) Regulations 2020 · under section 325
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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