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.]