Local Government Act 2020 Requirements

Powers in Relation to Land is covered in Part 5, Division 4 of the Local Government Act 2020 and the provisions for these requirements commences on 1 July 2021.

The use of land is important in the direct and indirect provision of services. Seeking to meet changing community needs, council may amend its use of land through acquisition, disposal and leasing but there are certain powers and restrictions that apply.

Parts of the Local Government Act 2020 relating to Powers in Relation to Land:

Purpose

To enable Council to compulsorily acquire land required for its purposes.

Making all land acquisitions subject to the Land Acquisition and Compensation Act 1986.

Changes to the 1989 Act

All land purchases and compulsory acquisitions are subject to Council’s Community Engagement Policy.

Purpose

To validate Council’s rights to certain unregistered easements.

Purpose

To ensure that Council obtains a valuation of land within 6 months prior to sale.

To ensure that Council publishes a notice of intention to sell land at least 4 weeks prior to the sale.

To ensure that Council undertakes a community engagement process under its Community Engagement Policy before deciding on the sale of land.

Changes to the 1989 Act

The notice of intention to sell is to be published on Council’s website and any other media prescribed in regulations. This modernises the form of communication to the public.

The community engagement under a Community Engagement Policy replaces the statutory procedures in Section 223 of the 1989 Act. A more deliberative and targeted engagement is encouraged.

Purpose

To restrict the lease of Council land to a term of not more than 50 years.

Proposals for leases with a term of more than one year where the actual rent or a market rent is greater the $100,000 per annum or leases having a term of 10 years or more must be included in the Council budget. If not included in the budget, a proposal for a lease of this type is subject to a community engagement process in accordance with Council’s Community Engagement Policy.

Changes to the 1989 Act

The actual rent or market rent for type of lease to be included in the budget or subject to a community engagement process has been increased from $50,000 to $100,000. Only materially significant lease proposals are subject to being included in the budget or a community engagement process.

The requirement to include a lease proposal in the budget or to undertake a community engagement process in accordance with Council’s Community Engagement Policy replaces the statutory procedures in Section 223 of the 1989 Act. A more deliberative and targeted engagement is encouraged.

Purpose

Enables Councils to transfer, exchange or lease land to certain bodies, including the Crown, a Minister or a public body, with or without financial consideration.

Transitional Arrangements

Local Government Act 2020

Provisions commence 1 July 2021

Local Government Act 1989

Provisions replaced and repealed 1 July 2021

Section 112 – Acquisition and compensation

Section 187 – Acquisition and compensation

Section 113 – Creation of easements

Section 187A – Creation of easements

Section 114 – Restriction on power to sell or exchange land

Section 189 - Restriction on power to sell land

Section 115 – Lease of land

Section 190 - Restriction on power to lease land

Section 116 – Transfer, exchange or lease of land without consideration

Section 191 – Transfer, exchange or lease of land without consideration

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