LOCAL GOVERNMENT ACT 1999 - SECT 201

LOCAL GOVERNMENT ACT 1999 - SECT 201

201—Sale or disposal of local government land

        (1)         A council may sell or otherwise dispose of an interest in land—

            (a)         vested in the council in fee simple; or

            (b)         vested in the council as lessee.

        (2)         However, a council cannot dispose of community land or land forming a road or part of a road except as follows:

            (a)         the council may dispose of community land—

                  (i)         if the land is to be amalgamated with 1 or more other parcels of land and the amalgamated land is to be (or to continue to be) community land; or

                  (ii)         in any other case—after revocation of its classification as community land;

            (b)         the council may dispose of land that formed a road or part of a road after the closure of the road under the Roads (Opening and Closing) Act 1991 ;

            (c)         the council may grant a lease, licence, authorisation or permit under this Act;

            (d)         the council may grant an easement (including a right of way) over community land;

            (e)         the council may grant an easement (excluding a right of way) over a road or part of a road.

        (3)         If—

            (a)         State government financial assistance was given to the council to acquire community land; and

            (b)         the council has not resolved to use the proceeds of the sale or disposal of the land for the acquisition or development of other land for public or community use or for the provision of community facilities,

the Minister may as a condition of approving revocation of its classification with a view to sale or other disposal require the council to pay to the Crown, or to apply for a purpose specified by the Minister, on the sale or disposal of the land, an amount not exceeding the amount that bears the same proportion to the sale price (in the case of a sale) or to the value of the land (in the case of another form of disposal) as the amount of State government financial assistance bore to the purchase price (in the case of a purchase) or to the value of the land (in the case of another form of acquisition) at the time that the council acquired the land.