❓ A parliamentary question regarding the procedures for local governments disposing of Crown land, the commonality of offering land to adjoining landowners, and the beneficiary of the sale proceeds. The answer clarifies the roles of DOLA and the Local Government Act.
AnsweredQoN 1318Legislative Assembly
QuestionView source ↗
(1) What procedures must be followed when a Local Government body wishes to dispose of, by way of sale, Crown land vested in the Local Government body for a public purpose?
(2) Is it common or usual for such land to be offered only to adjoining landowners rather than placing on the open market for sale by tender or auction?
(3) Who is the beneficiary of the proceeds from the sale of such land and, if it is the State Treasury, under what circumstances is Local Government able to retain all or some of the proceeds from the sale of land that was previously vested in it?
(2) Is it common or usual for such land to be offered only to adjoining landowners rather than placing on the open market for sale by tender or auction?
(3) Who is the beneficiary of the proceeds from the sale of such land and, if it is the State Treasury, under what circumstances is Local Government able to retain all or some of the proceeds from the sale of land that was previously vested in it?
AnswerView source ↗
Answered
19 February 2002
Responded by
Minister for Planning and Infrastructure
Response time
77 days
1.
Local governments cannot sell Crown land. This is the function of the Department of Land Administration (DOLA). If a local government wishes to sell Crown land under its management, DOLA may, depending on the circumstances, first sell it to the local government. Section 3.58 of the
Local Government Act 1995
then governs disposal of property owned by the local government.
2.
DOLA may sell Crown land directly to adjoining landowners under certain circumstances. The
Land Administration Act 1997
provides for direct sale and amalgamations where the Minister for Lands considers that a parcel of Crown land 'is unsuitable for retention as a separate location or lot, or for subdivison and retention as separate location or lots, because of its geographical location, potential use, size, shape or any other reason based on good land use planning priniciples'.
3.
Section 10 (5) of the
Land Administration Act 1997
requires that proceeds of sale of Crown land be credited to the Consolidated Fund. There are no standing arrangements for sales proceeds to be appropriated from the Consolidated Fund to local governments.
Local governments cannot sell Crown land. This is the function of the Department of Land Administration (DOLA). If a local government wishes to sell Crown land under its management, DOLA may, depending on the circumstances, first sell it to the local government. Section 3.58 of the
Local Government Act 1995
then governs disposal of property owned by the local government.
2.
DOLA may sell Crown land directly to adjoining landowners under certain circumstances. The
Land Administration Act 1997
provides for direct sale and amalgamations where the Minister for Lands considers that a parcel of Crown land 'is unsuitable for retention as a separate location or lot, or for subdivison and retention as separate location or lots, because of its geographical location, potential use, size, shape or any other reason based on good land use planning priniciples'.
3.
Section 10 (5) of the
Land Administration Act 1997
requires that proceeds of sale of Crown land be credited to the Consolidated Fund. There are no standing arrangements for sales proceeds to be appropriated from the Consolidated Fund to local governments.
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