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LOCAL GOVERNMENT ACT 1995 - SECT 6.68

LOCAL GOVERNMENT ACT 1995 - SECT 6.68

6.68 .         Exercise of power to sell land

        (1)         Subject to subsection (2), a local government is not to exercise its power under section 6.64(1)(b) (in this Subdivision and Schedule 6.3 referred to as the power of sale ) in relation to any land unless, within the period of 3 years prior to the exercise of the power of sale, the local government has at least once attempted under section 6.56 to recover money due to it.

        (2)         A local government is not required to attempt under section 6.56 to recover money due to it before exercising the power of sale where the local government —

            (a)         has a reasonable belief that the cost of the proceedings under that section will equal or exceed the value of the land; or

            (b)         having made reasonable efforts to locate the owner of the property is unable to do so.

        (3A)         A local government is to ensure that a decision to exercise a power of sale without having, within the period of 3 years prior to the exercise of the power of sale, attempted under section 6.56 to recover the money due to it and the reasons for the decision are recorded in the minutes of the meeting at which the decision was made.

        (3)         Schedule 6.3 has effect in relation to the exercise of the power of sale.

        [Section 6.68 amended: No. 17 of 2009 s. 40.]