Sale of Council Land

Sale of Council Land Under the Local Government Act 2020

From time to time, Council may propose to sell land that it owns.  Anysale of Council-owned land is undertaken in accordance with the Local Government Act 2020 and is subject to strict legislative requirements designed to ensure transparency, accountability and community participation.

Legislative Authority

The sale of Council land is governed by section 114 of the Local Government Act 2020, which sets out mandatory requirements that Council must comply with before land can be sold, exchanged or transferred.

When does section 114 apply?

Section 114 applies whenever Council proposes to:

  • Sell Council-owned land;
  • Exchange land;
  • Transfer land without consideration; or
  • Transfer land for nominal amount.

What Must Council Do Before Selling Land?

Before Council can proceed with the sale of land, section 114(2) of the Act requires Council to complete the following steps:

1.  Public Notice of Intention to Sell

Council must give public notice of its intention to sell the land at least four weeks before the sale occurs.  This notice must be published:

  • On Council's website; and
  • In any other manner prescribed by regulation.
2.  Community Engagement

Council must undertake a community engagement process in accordance with its adopted Community Engagement Policy and Procedure, allowing community members the opportunity to be informed and to provide feedback on the proposed sale.

3.  Independent Valuation

Council must obtain a written valuation of the land from a suitably qualifies valuer (as defined under section 13DA(2) of the Valuation of Land Act 1960).  The valuation must be no more than six months old at the time the land is sold.

Decision Making

Following completion of the statutory requirements, Council will consider the proposed sale at a Council meeting.

Council may decide to proceed with, amend, or not proceed with the sale after taking into account:

  • Community feedback;
  • Strategic and service considerations;
  • Financial and governance implications; and
  • Compliance with legislative obligations.

Transparency and Accountability

The requirements under section 114 of the Local Government Act 2020 are designed to ensure that decisions relating to Council land are made transparently, with appropriate community involvement and sound financial management.

Further Information

Public notices relating to proposed sales of Council land will be published on this page.  For further information, please refer to the Local Government Act 2020, section 114, or contact Council for assistance.

Public Notices for Sale of Council Land

No current Public Notices for Sale of Council Land

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