181Council may sell land to recover unpaid rates or charges

181 Council may sell land to recover unpaid rates or charges (a) any amount due to a Council for, or in respect of, rates or charges (including enforcement costs and interest) in respect of any rateable land is more than 3 years overdue; and S. 181(1)(b) amended by No. 30/2022 s. 14(1). (b) no current arrangement, including a payment plan, exists for the payment of the amount to the Council; and (c) the Council has a Court order requiring the payment of the amount (or part of the amount). (2) The Council may sell the land, or cause the land to be transferred to itself, for an amount equal to or more than the estimated value of the land as set out in a written valuation of the land by a valuer that was made not more than 6 months before the date of the sale or transfer. S. 181(3) amended by No. 94/2009 s. 31(1). (3) In subsection (2), ***valuer*** means a person who holds the qualifications or experience specified under section 13DA(2) of the **Valuation of Land Act 1960**. S. 181(4) amended by No. 30/2022 s. 14(2). (4) For the purposes of subsection (1)(b), an arrangement is not current if any term of the arrangement or the payment plan is not being complied with. (5) Before selling the land, or causing it to be transferred, the Council must— (a) if it appears from the Register kept under the **Transfer of Land Act 1958** or from any memorial in the office of the Registrar‑General that a person has an estate or interest in the land, serve on that person a notice requiring the payment of the amount referred to in subsection (1) accompanied by a copy of this section; and (b) ensure that public notice of its intention to conduct the sale, or carry out the transfer, is given; and (c) if the land is to be sold by auction, notify in writing any person who must be served with a notice under paragraph (a) of when and where the auction will be held. (6) The Council must comply— (a) with subsections (5)(a) and (b) at least 4 weeks before the date of the sale or transfer; and (b) with subsection (5)(c) at least 14 days before the date of the auction. (7) The Council may recover the following amounts from the proceeds of a sale of land (or if the land is transferred, may offset from the transfer amount the following amounts)— (a) all expenses incurred in connection with the sale or transfer; (b) the amount referred to in subsection (1) and any enforcement expenses and interest associated with that amount; (c) any other amount due to it for, or in respect of, rates or charges (including enforcement costs and interest) in respect of the land. (8) If any amount remains after the Council has recovered (or offset) everything it is permitted to recover (or offset) under subsection (7), it must then— (a) use that remaining amount to discharge, in their order of priority, any mortgages and other charges in respect of the land, whether registered or not, that it has notice of; and (b) pay any amount remaining to each person who appears to have an estate or interest in the land— (i) in accordance with that person's estate or interest; or (ii) if 2 or more people appear to have an estate or interest but it is not possible to determine from the Register or memorials how their estates or interests stand in relation to each other, in equal shares. (9) If any person who is entitled to an amount under subsection (8) cannot be found after reasonable efforts have been made to find her, him or it, the Council may use the amount for its general purposes. (10) If no person appears to have an estate or interest in land that has been sold or transferred under this section, the Council may use for its general purposes any amount that remains after it has recovered (or offset) everything it is permitted to recover (or offset) under subsection (7), and paid everything it is required to pay under subsection (8)(a). (11) If land that is sold or transferred under this section is land under the **Transfer of Land Act 1958**, the Registrar of Titles— (a) must register a transfer of land under this section if the transfer is in a form approved by her or him; and (b) must cancel any mortgages or charges registered as encumbrances on the land when registering the transfer of land; and (c) may dispense with the production of the certificate of title for the purpose of registering the transfer. (12) The registration of the transfer vests in the transferee all the estate and interest in the land. S. 181AA inserted by No. 30/2022 s. 15. 181AA Ministerial guidelines relating to payment of rates and charges (1) The Minister may issue guidelines in relation to— (a) the meaning of hardship for the purposes of section 170; and (b) the meaning of financial hardship for the purposes of sections 171, 171A and 172A; and (c) the content of hardship policies and financial hardship policies; and (d) the circumstances in which a Council may apply the hardship policies and financial hardship policies; and (e) the process for applying for a payment plan; and (f) the waiver of interest on unpaid rates or charges under sections 171, 171A and 172; and (g) any other matters covered by sections 170, 171, 171A, 171B, 172, 180 and 181. (2) Before issuing guidelines, the Minister must consult with— (a) the Minister responsible for administering the **Essential Services Commission Act 2001**; and (b) the Essential Services Commission. (3) A Council must comply with guidelines issued under this section. (4) The Minister must publish guidelines issued under this section— (a) in the Government Gazette; and (b) on the Department's Internet site. Pt 8 Div. 2A (Heading and ss. 181A–181J) inserted by No. 39/2015 s. 4.