LOCAL GOVERNMENT (FINANCE, PLANS AND REPORTING) REGULATION 2010 No. 124 - SECT 74 74 Notice of intention to sell land for overdue rates or charges

LOCAL GOVERNMENT (FINANCE, PLANS AND REPORTING) REGULATION 2010 No. 124 - SECT 74

(1) This section applies if--

(a) there are overdue rates or charges on land; and

(b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and

(c) some or all of the overdue rates or charges have been overdue for at least--

(i) generally--3 years; or

(ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges--1 year; or

(iii) if the rates or charges were levied on a mining claim--3 months.

(2) The local government may, by resolution, decide to sell the land.

(3) If the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to sell the land.

(4) A notice of intention to sell is a document, signed by the chief executive officer, stating--

(a) that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and

(b) the day on which the resolution was made; and

(c) the terms of the resolution; and

(d) a description of the location and size of the land, as shown in the local government's land record; and

(e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and

(f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including--

(i) details of the rate at which interest is payable on the rates or charges; and

(ii) a description of the way the interest is calculated; and

(g) the total amount of overdue rates or charges and the interest, as at the date of the notice; and

(h) a copy, or a general outline, of sections 75 to 78.