26Local land criteria for vesting transferable Crown land in local councils

#### 26 Local land criteria for vesting transferable Crown land in local councils 26 Local land criteria for vesting transferable Crown land in local councils > > (1) For the purposes of section 4.6 (2) of the Act, the following criteria are prescribed— > > > > > (a) whether the land provides, or has demonstrated potential to provide, a public good predominantly for residents in the local government area of the local council concerned, or in adjacent local government areas, in a way that is consistent with local planning instruments, > > > > > (b) whether the land use is consistent with the functions of local government or could be used for activities consistent with those functions, > > > > > (c) whether the land is managed, or has identified potential to be managed, as a community asset by a local council or some other body. > > > (2) A good is not a public good for the purposes of subclause (1) (a) if— > > > > > (a) residents can be prevented or excluded from using it, or > > > > > (b) one resident’s enjoyment of it will reduce another person’s enjoyment of it. > > > (3) Additional local land criterion for racecourse land For the purposes of section 4.6 (2) of the Act, the following criterion is prescribed in relation to transferable Crown land that is dedicated, reserved or used for horse racing, harness racing or greyhound racing— > > > > > • whether, in the opinion of the Minister for Racing, the land is of significance to that racing industry as a whole in the State. > > > (4) The criterion prescribed in subclause (3) applies in addition to the criteria prescribed in subclause (1). > > **cl 26:** Am 2018 (317), cl 3.