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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
ocal Government Amendment
(Independent Valuation) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Government Act 1993 No 30 2
Schedule 1 Amendment 3
b02-700-p01.92
New South Wales
ocal Government Amendment
(Independent Valuation) Bill 2002
No , 2002
A Bill for
An Act to amend the Local Government Act 1993 to make provision with respect
to the valuation of certain land to be sold by local councils; and for other
purposes.
Clause 1 Local Government Amendment (Independent Valuation) Bill 2002
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Local Government Amendment (Independent
4
Valuation) Act 2002.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Amendment of Local Government Act 1993 No 30
8
The Local Government Act 1993 is amended as set out in
9
Schedule 1.
Page 2
Local Government Amendment (Independent Valuation) Bill 2002
Amendment Schedule 1
Schedule 1 Amendment 1
2
(Section 3)
3
Chapter 6 What are the service functions of councils?
4
Insert after Division 1 of Part 3:
Division 1A Restrictions on transactions concerning 5
public land 6
7
55A Application of Division
8
(1) This Division applies to and in respect of any transaction by
9
which a council:
10
(a) sells or otherwise disposes of public land, or
11
(b) grants a lease, licence or other estate in or over public
12
land (other than a lease, licence or other estate for a
13
term not exceeding 5 years that is in terms that prohibits
14
its assignment),
15
to a councillor or to a person with whom a councillor is
16
associated.
17
(2) For the purposes of this Division, a person is associated with
18
a councillor:
19
(a) if the person is the councillor's spouse or de facto
20
partner, or is otherwise a relative of the councillor, or
21
(b) if the person is a partner or employee of the councillor,
22
or
23
(c) if the person is a company of which the councillor is a
24
shareholder or director.
25
55B Transactions to be for current market value
26
(1) A council may not enter into a transaction to which this
27
Division applies (otherwise than by means of a public auction
28
or public tender) unless the consideration received by the
29
council under the transaction is equal to, or exceeds, the
30
current market value of the land, lease, licence or other estate
31
the subject of the transaction.
Page 3
Local Government Amendment (Independent Valuation) Bill 2002
Schedule 1 Amendment
1
(2) Subject to section 55C, a contravention of subsection (1) does
2
not invalidate a transaction to which this Division applies.
3
Note. A contravention, or a threatened or apprehended contravention, of
4
subsection (1) may be dealt with by proceedings brought in the Land and
5
Environment Court under section 673 or 674.
6
(3) Section 55 applies to an invitation for a public tender referred
7
to in subsection (1) in the same way as it applies to an
8
invitation for a tender for a contract referred to in section 55
9
(1), and so applies despite section 55 (3).
10
(4) In this section:
11
current market value, in relation to:
12
(a) land the subject of a transaction to which this Division
13
applies, or
14
(b) a lease, licence or other estate in or over land the subject
15
of a transaction to which this Division applies,
16
means the market value of the land, lease, licence or estate, as
17
set out in the most recent determination by the Valuer-
18
General of the market value of the land, lease, licence or
19
estate, being a determination of the market value of the land,
20
lease, licence or estate as at a date occurring within 6 months
21
before the date of the transaction.
22
market value has the same meaning as it has in the Land
23
Acquisition (Just Terms Compensation) Act 1991.
24
55C Setting aside of certain transactions
25
(1) Any person may bring proceedings in the Land and
26
Environment Court to set aside a transaction to which this
27
Division applies.
28
(2) Proceedings under this section may not be brought more than
29
6 years after the transaction was entered into by the council
30
concerned.
31
(3) If, in any proceedings under this section in relation to a
32
transaction, the Land and Environment Court is satisfied:
33
(a) that the transaction is a transaction to which this
34
Division applies, and
35
(b) that the transaction has been entered into in
36
contravention of section 55B (1), and
Page 4
Local Government Amendment (Independent Valuation) Bill 2002
Amendment Schedule 1
1
(c) where the transaction involves the sale or other disposal
2
of land, or the granting of a lease, licence or other estate
3
in or over public land, to a person with whom a
4
councillor is associated--that the councillor was aware,
5
at the time the transaction was entered into:
6
(i) that the transaction was a transaction to which
7
this Division applies, and
8
(ii) that the transaction was being entered into in
9
contravention of section 55B (1),
10
the Court may make an order setting aside the transaction and
11
may make such further orders as it considers appropriate to
12
revest the land, or the relevant estate in or over the land, in the
13
council.
14
(4) Pending the determination of proceedings under this section,
15
the Land and Environment Court may make such orders as it
16
considers appropriate to prevent any further dealing with the
17
land to which the proceedings relate.
18
(5) Nothing in this section affects an estate or interest in land
19
under the provisions of the Real Property Act 1900 that has
20
been the subject of a transaction to which this Division applies
21
entered into:
22
(a) between a council and a councillor, or
23
(b) between a council and a person with whom a councillor
24
is associated,
25
if the registered proprietor of that estate or interest (not being
26
the councillor or a person with whom the councillor is
27
associated) has acquired the estate or interest in good faith and
28
for value.
Page 5
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