Local Government Amendment
(Independent Valuation) Bill 2002
Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Local Government Act 1993 to prevent
local councils from entering into certain transactions with councillors (or
persons with whom councillors are associated) unless the consideration received
by the council is equal to, or exceeds, the current market value of the subject of
the transaction.

Outline of provisions

Schedule 1 inserts Division 1A into Part 3 of Chapter 6 of the Local Government
Act 1993 to deal with certain dispositions of public land to a councillor or to a
person with whom the councillor is associated.

Proposed section 55A sets out the transactions to which Division 1A applies
and the situations when a councillor is taken to be associated with a person. The
Division applies to the sale or other disposition of public land (otherwise than by
means of a public auction or public tender) and to grants of certain leases,
licences or other estates in or over public land.

Proposed section 55B provides that a council may not enter into certain
transactions unless the consideration received by the council under the
transaction is equal to, or exceeds, the current market value of the land, lease,
licence or other estate the subject of the transaction. The section also provides a
definition of current market value.

Proposed section 55C gives any person the power to bring proceedings in the
Land and Environment Court to set aside a transaction entered into in
contravention of section 55B.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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