The exposure draft and accompanying Regulatory Impact Statement (RIS) were publicly exhibited for community feedback, with 10 submissions received by the close of the submission period on 3 June 2021.

Based on a careful review of all submissions received, it is not planned to make further changes to the draft Regulations. It is proposed that the Local Government (Land Information) Regulations 2021 (proposed Regulations) will be made to come into effect on 1 July 2021 (a link to the new regulations will be provided when available).

The proposed Local Government (Land Information) Regulations 2021, will prescribe:

  • information to be included in a Land Information Certificate (LIC) and the fee that councils can charge for providing the certificate; and
  • the information to be included in the Notice of Acquisition (NOA) and period within which the NOA must be submitted.

Thank you to all those who provided valuable feedback during consultation of these Regulations. Attached is a copy of the final regulations, the ‘Notice of Decision’ from the Minister for Local Government, to make the proposed Regulations and the ‘Statement of Reason’, being the analysis and response to the submissions received.

Overview

From July 2021, the Local Government Act 2020 (the new Act) will legislate the requirement for purchasers to provide information to councils about the acquisition of land (notices of acquisition, NOA) and for councils to provide a land information certificate (LIC) to a person on request.

As part of the Victorian Government’s extensive reform of the local government framework, the new Act has been introduced to improve local government democracy, accountability and service delivery for all Victorians.

The new Act is mainly replacing the Local Government Act 1989 (the current Act). While many elements of the old legislation are changing, the requirements relating to NOA and LICs will not materially change from the current Act to the new Act.

The Victorian Government is introducing New Local Government (Land Information) Regulations 2021 (proposed Regulations) to support the administration of the new Act. These will replace, with limited changes, elements of the current Local Government (General) Regulations 2015 relating to NOA and LICs that are being repealed.

The objectives of the proposed regulations are to prescribe for the purposes of the new Act:

  • information specified to be included in a land information certificate; and
  • the fee for the issue of a land information certificate; and
  • the form of and particulars required in an acquisition notice; and
  • the period of time for giving an acquisition notice to the Chief Executive Officer of the Council.

Privacy Collection Notice

The Department of Jobs, Precincts and Regions (DJPR) is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws. The information you provide will be used to enable LGV to find out the level of guidance and support required by the local government sector.

Your contact details may be used by DJPR or its contracted service providers under confidentiality agreements to engage with you about your experience with DJPR. This web page will be visible to the general public. The information you provide will be made available to Local Government Victoria, DJPR, Minister for Local Government, and other Ministers, Peak Sector Bodies, Project Control Board members (LGV Senior officers, Peak Sector bodies) Project Operational Group (LGV staff) Other Councils and the general public (identity of Council removed unless by prior consent).

If all requested information is not received, DJPR will be unable to understand the requirements of Councils and Peak Sector bodies in order to provide the relevant guidance material, presentation material and fact sheets.