COUNCIL GIFTING/SELLING LAND

 

Local Government Act 1993

Version current from 20 November 2023 to date (accessed 22 January 2024 at 12:57)

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178.   Sale, exchange and disposal of public land

(1)  A council may sell, lease, donate, exchange or otherwise dispose of public land owned by it in accordance with this section.

(2)  Public land that is leased for any period by a council remains public land during that period.

(3)  A resolution of the council to sell, lease, donate, exchange or otherwise dispose of public land is to be passed by an absolute majority.

(4)  If a council intends to sell, lease, donate, exchange or otherwise dispose of public land, the general manager is to–

(a) publish that intention on at least 2 separate occasions in a daily newspaper circulating in the municipal area; and

(ab) display a copy of the notice on any boundary of the public land that abuts a highway; and

(b) notify the public that objection to the proposed sale, lease, donation, exchange or disposal may be made to the general manager within 21 days of the date of the first publication.

(5)  If the general manager does not receive any objection under subsection (4) and an appeal is not made under section 178A , the council may sell, lease, donate, exchange or otherwise dispose of public land in accordance with its intention as published under subsection (4) .

(6)  The council must –

(a) consider any objection lodged; and

(b) by notice in writing within 7 days after making a decision to take or not to take any action under this section, advise any person who lodged an objection of –

(i) that decision; and

(ii) the right to appeal against that decision under section 178A .

(7)  The council must not decide to take any action under this section if –

(a) any objection lodged under this section is being considered; or

(b) an appeal made under section 178A has not yet been determined; or

(c) the Appeal Tribunal has made a determination under section 178B(b) or (c) .

(8)  .  .  .  .  .  .  .  .