Local Government (Land Information) Regulations 2021

The central concept is the land information certificate - a document a council issues upon request and payment of the prescribed fee. It is not a comprehensive property report. Its statutory purpose is to give a snapshot of the financial and regulatory encumbrances that arise directly under local government legislation. The certificate must contain valuation data using three systems: net annual value, site value, and capital improved value, together with the current level of value date. It must also list all rates and charges levied on the land, amounts paid or unpaid, arrears, and the period to which they relate. Additionally, the certificate must disclose any money owed for works under any of the three Local Government Acts, potential liability under the Cultural and Recreational Lands Act 1963, potential rateability under sections 173 or 174A of the Local Government Act 1989, amounts under the Electricity Industry Act 2000, outstanding recreational land obligations under the Subdivision Act 1988 or the Local Government Act 1958, amounts under section 119 of the 2020 Act, any environmental upgrade charges under section 181C of the 1989 Act, and any levy amount due under the Fire Services Property Levy Act 2012. Finally, it must note any continuing notice or order under the three Local Government Acts or a council local law.

The second concept is the acquisition notice. This is a mandatory return lodged by the new owner or their agent within one month of acquiring the land. It is not optional. The prescribed particulars are extensive and include personal details of both transferor and transferee (including email addresses), property identifiers (street address, lot/plan, volume/folio, crown allotment, municipal property number, area), financial details of the transfer (contract date, GST, total price, deposit, possession date, whether terms sale), residential character and bedroom count, contact details of legal practitioners or conveyancers, and a certification clause. The stand-out requirement is the property code: a closed list of approximately 100 numeric codes organised into categories such as residential, commercial, industrial, primary production, infrastructure, community services, and sport. The code must be selected from the list; there is no free text option. This code feeds into council rating databases and may affect how the property is valued and assessed.

A third concept is the fee unit system. The Regulations do not set a dollar amount for the certificate fee. Instead, they specify 1.82 fee units. The actual dollar amount is determined each financial year by the Treasurer under the Monetary Units Act 2004, published before 1 June in the preceding financial year. This means the fee floats annually. The Explanatory Details section of the Regulations explains the calculation method, rounding to the nearest 10 cents. For 2021-22 the fee was about $27.35, but it will change over time without any amendment to the Regulations themselves.

The GST concept also appears. The Regulations define GST by reference to the Commonwealth A New Tax System (Goods and Services Tax) Act 1999, which has implications for the total sale price disclosed in the acquisition notice. Similarly, the definition of licensed conveyancer cross-references the Conveyancers Act 2006, establishing who can certify the notice. The mandatory disclaimer on the land information certificate is itself a statutory concept: it warns the recipient that planning, building, health, landfill, landslip, flooding and service easement information is not included. This disclaimer protects the council from liability for omissions that fall outside the prescribed scope but also forces the diligent purchaser to conduct additional searches separately and at their own cost.

The Regulations primarily affect three groups. Councils must establish administrative systems to generate land information certificates that include all the prescribed content, charge the correct fee by referencing the current fee unit value, and accept and process acquisition notices within one month of lodgement. The signing requirement for certificates is specific: only a staff member to whom the power has been delegated, or a person appointed as an authorised officer under section 224 of the Local Government Act 1989, may sign. This creates a compliance obligation for councils to maintain up-to-date delegations and officer appointments. For acquisition notices, councils must receive the information and likely update their rating databases, voters rolls, and property records based on the code and residence details. The property code in particular requires councils to map the prescribed codes to their own internal systems, and the code list covers many specific uses (e.g. 544 horse stud/stables, 545 piggery, 546 kennel/cattery) that may not precisely align with a council’s existing categories.

Transferees (the new property owners) bear the obligation to give the acquisition notice within one month. This is not automatic; it requires active compliance. For an individual buying a home, the duty will usually be handled by their conveyancer or solicitor, but the legal obligation rests on the transferee. The notice demands the transferee’s date of birth and principal place of residence (including an address if the acquired land is not the principal residence), which goes to voter roll preparation. This is a privacy intrusion that serves an administrative convenience for councils - it avoids them having to separately ask for voter enrolment details. For companies, the ACN is required instead. The transferee must also certify the accuracy of the information provided. If they use an agent, that agent must be an Australian legal practitioner or licensed conveyancer (as defined by the Conveyancers Act 2006). Real estate agents are not listed as certifying parties, so they cannot lodge the notice on behalf of the transferee unless they are also a licensed conveyancer.

Transferors are affected because their details (name, address, email) must be disclosed. While they are not the party giving the notice, they must cooperate with the transferee to provide accurate contract and property details. The transfer details include the deposit amount and whether the purchase is a terms sale - information that is proprietary and commercially sensitive but must be handed to the council. The notice is also a mechanism for councils to identify the correct current owner for rating purposes, so a transferor who fails to ensure the notice is given may face continued rating liability even after they have sold.

Professionals - Australian legal practitioners, licensed conveyancers, and agents of the parties - are directly in the compliance chain. They may be the ones preparing and lodging the acquisition notice and certifying its accuracy. The Regulations do not exempt them from the one-month deadline; any delay exposes the transferee to potential consequences under the parent Act (which may include offences or late lodgement fees). The close list of acceptable certifiers means a purchaser using a conveyancing company that is not licensed under the Conveyancers Act 2006 cannot lodge the notice themselves through that company. In effect, the Regulations reinforce the monopoly of qualified conveyancers and lawyers over the transfer notification process, adding a small compliance cost to every Victorian property transaction.

The key duty is on a council to issue a land information certificate that contains all the prescribed information when a person applies and pays the prescribed fee. This duty arises under section 121 of the Act, and the Regulations tell the council exactly what to put in. Importantly, the council has no discretion to omit items; the certificate must include the valuation data, the rates and charges breakdown, the arrears, the potential liabilities under the various cited Acts, and any continuing notices or orders. The council also has the right to charge the fee as calculated from 1.82 fee units. There is no provision for waiving, reducing, or refunding the fee, so the council’s revenue from certificate fees is fixed by this multiplier. The council’s signing obligation is also a duty: only authorised personnel can sign, and a certificate signed by an unauthorised person may be invalid or expose the council to a challenge.

The acquisition notice duty is on the transferee: they must give it within one month. The duty is to provide all prescribed particulars and to have the information certified by the transferee or an authorised professional. The notice must include the property code from the list. The duty is not merely to give notice but to give notice with the correct content. There is no de minimis protection - a missing subparagraph or an inaccurate code could be non-compliance. The transferee also has the right to delegate the preparation and lodgement to their Australian legal practitioner or licensed conveyancer, but the ultimate legal responsibility remains on the transferee. The duty to give the notice is triggered by "acquisition" - a term not defined in the Regulations but likely defined in the Act as the date of registration of the transfer or settlement. Practitioners should verify the exact date under the Act.

The Regulations also create a right to rely on the certificate but only within its limited scope. Because the certificate explicitly excludes planning, building, health, and environmental matters, a purchaser who relies solely on the land information certificate without conducting further searches has no recourse against the council for matters outside that scope - the disclaimer is statutory and part of the certificate. The council has no duty to warn about off‑plan issues. Similarly, the transferee has a right to have the council process the acquisition notice without unreasonable delay, though the Regulations do not specify a processing timeframe.

For the transferor, there is no express duty under these Regulations, but the practical effect is that they must ensure the transferee receives the correct property and contract details to populate the notice. A transferor who provides inaccurate information to the transferee may cause the transferee to breach the duty, and the transferor could face liability under the general law (misrepresentation, contractual obligation) but that is outside these Regulations.

The certification clause in the acquisition notice imposes a duty of accuracy on the signatory. This is a representation to the council that the information is correct. A false certification could attract penalties under the parent Act (such as providing false information to a council), and potentially under the Crimes Act 1958 (Vic) for false statements. For professionals, this duty aligns with their professional obligations under the Conveyancers Act 2006 or the Legal Profession Uniform Law.

The Regulations themselves do not create any penalties. They are a subordinate instrument that prescribes forms, content, fees, and timeframes. Enforcement for failure to comply flows from the parent Local Government Act 2020. The Act’s section 325 authorises the Regulations, but the penalty provisions for non-compliance with sections 121 and 122 must be found in the Act itself. While the Regulations do not recite them, typical enforcement tools include a council’s ability to refuse to issue a certificate if the fee is not paid, and a possible offence for failing to give an acquisition notice within the prescribed period. The Act likely contains provisions making it an offence to fail to give a required notice or to give false or misleading information. The one-month period is tight, and a transferee who misses it may face a penalty infringement notice or prosecution under the Act. The maximum penalty could be a fine of a certain number of penalty units.

For the land information certificate, the council is exposed to risk if it issues a certificate that omits required information. The Act may impose a duty of care or statutory liability on councils for negligent misstatement. However, the certificate’s disclaimer (required by the Regulations) reduces that risk by expressly telling the applicant that the certificate does not cover many important matters. The disclaimer is not a waiver of liability for errors within the certificate’s scope; a council that misstates the rates owed could still be liable.

The acquisition notice certification is a key enforcement point. The certification states that the information provided is accurate. If a transferee or their certifier knowingly includes false information, that could constitute an offence under the Act (e.g. giving false information to a council). The Regulations do not specify a penalty, but the Act likely does. Practitioners should check section 122 and any associated penalty provisions. For companies, liability may extend to officers under the Act’s corporate liability provisions.

There is no enforcement mechanism in the Regulations for the registration of the notice itself. The notice is simply given to the council; it is not lodged with Land Use Victoria or the Registrar of Titles. Its primary purpose is to update the council’s internal records and voters roll. Failure to give the notice does not invalidate the transfer of title, but it may mean the council continues to rate the previous owner, creating financial confusion and risk for both transferor and transferee.

The sunset provision (10 years) also acts as a form of regulatory oversight. If the Regulations are not remade by 29 June 2031, the prescribed forms, fee, and timeframes cease to have effect. Councils would then have no prescribed content for certificates or notices, potentially creating a vacuum until new regulations are made. That would be a de facto enforcement of periodic review.

The Regulations are a dense web of cross-references to at least 12 other Victorian and Commonwealth statutes. The land information certificate must disclose potential liabilities under the Cultural and Recreational Lands Act 1963, potential rateability under sections 173 and 174A of the Local Government Act 1989, and money owed under section 94(5) of the Electricity Industry Act 2000. It must also disclose any outstanding obligations under section 18 of the Subdivision Act 1988 or the Local Government Act 1958, any amounts under section 119 of the 2020 Act, any environmental upgrade charges under section 181C of the Local Government Act 1989, and any levy under section 25 of the Fire Services Property Levy Act 2012. This means that a practitioner reading the certificate must understand the substantive obligations created by all those Acts to determine whether the certificate is accurate. The certificate is only as reliable as the council’s internal data on these cross-referenced liabilities.

The acquisition notice interacts directly with the Conveyancers Act 2006. Only licensed conveyancers or Australian legal practitioners can certify the notice on behalf of the transferee. This excludes unlicensed conveyancers (who might operate legally under other exemptions) and real estate agents from the certification role. The notice also requires the transferee’s date of birth and principal place of residence address for the purpose of preparing voters rolls, linking to the Electoral Act 2002 (Vic) and the Commonwealth Commonwealth Electoral Act 1918 via the council’s role in maintaining voter enrolments.

The GST component is defined by reference to the Commonwealth A New Tax System (Goods and Services Tax) Act 1999. The acquisition notice requires the GST amount and total sale price including GST. This information is likely used by the council for rating purposes (e.g. to assess whether the property has changed use or value) but also means the council receives tax‑sensitive financial data that could be subject to privacy constraints.

The fee for the land information certificate is not a dollar amount but a number of fee units, defined under the Monetary Units Act 2004. This Act requires the Treasurer to publish the fee unit value before 1 June each financial year, and the Regulations’ Explanatory Details note that for 2021-22 it was $15.03. Councils must apply the correct multiplier for the current financial year. Getting it wrong could mean the certificate is not issued for the prescribed fee, potentially making it invalid or subject to challenge.

The certificate also references potential liabilities under the Local Government Act 1958, Local Government Act 1989, and the Local Government Act 2020. This creates an interaction whereby older legislation still has some ongoing effect for notices, orders, and works debts, even though those Acts have been largely repealed. The certificate must disclose any continuing notices under any of these Acts or under a council local law, which means practitioners need to be aware that older statutory regimes are not entirely dormant.

Finally, the sunset clause under the Subordinate Legislation Act 1994 means the Regulations have a finite life. This is not an interaction with another regulatory regime but a procedural constraint that forces periodic re-evaluation. The interaction with the Subordinate Legislation Act is a structural check on the instrument’s long-term impact.

The Regulations are published as Version No. 001, meaning there have been no amendments since they were made on 29 June 2021 and came into operation on 1 July 2021. The Table of Amendments in the Endnotes confirms there are no amendments made by statutory rules, subordinate instruments, or Acts. The Regulations are in their original form as approved by the Governor in Council. There are no amendments not yet in operation.

The instrument has a 10-year sunset under section 5 of the Subordinate Legislation Act 1994, so it will expire on 29 June 2031 unless it is re-made by a subsequent instrument. Practitioners should note that the fee unit value changes annually by operation of the Monetary Units Act 2004, but that is not an amendment to the Regulations themselves - it is a change in the value of an external reference. The prescribed fee of 1.82 fee units remains constant; only the dollar amount fluctuates.

The Regulations were made under section 325 of the Local Government Act 2020. That section is a general regulation-making power, so the Regulations could be amended by an Executive Council order without amending the Act itself. Any future amendment would likely appear as a new Statutory Rule and be reflected in a new version number (002, etc). As at the date of the instrument (version 001), none have occurred.

The absence of amendment history means there is no judicial or administrative interpretation that has triggered a legislative response. The Regulations are still relatively new (less than four years old at the time of writing). Users should check the current version on the Victorian legislation website for any subsequent amendments. The Endnotes advise that the in-force version can be found at www.legislation.vic.gov.au.

The Regulations themselves have not been the subject of any reported litigation as of the instrument’s publication. The Endnotes include no Table of Amendments and no reference to court decisions. Because the Regulations are subordinate legislation that merely prescribed forms, fees, and timeframes, they are unlikely to be directly challenged unless they are alleged to be ultra vires the parent Act. No such challenge is recorded.

However, the underlying provisions of the Local Government Act 2020 (sections 121 and 122) may have been litigated, and the meaning of “acquisition” or the adequacy of a land information certificate could be tested in disputes about rates or property transactions. For example, a purchaser who relies on a certificate that omits a required item might sue the council for negligent misstatement. But those would be claims under the general law, not direct challenges to the validity of the Regulations.

The lack of litigation history for this specific instrument is not surprising. Most challenges in local government law involve rating valuations, planning decisions, or enforcement actions, not the administrative machinery of certificate content and notice periods. The Regulations are designed to be purely procedural and ministerial, leaving little room for interpretive dispute. The word “prescribed” appears throughout, and the instrument sets out fixed lists and formulas.

That said, the property code list is extensive and granular. A dispute could arise if a council misclassifies a property (e.g. a rural lifestyle property with a dwelling classified as a vacant rural site) and the transferee challenges the rating consequences. That challenge would likely be against the council’s rating decision, not against the Regulations directly. The Regulations merely provide the code; the council applies it.

Practitioners should monitor the Victorian Civil and Administrative Tribunal (VCAT) for cases involving land information certificates or acquisition notices, though any such cases would probably be reported under the parent Act rather than the Regulations.

The most significant trap is the limited scope of the land information certificate. The mandatory disclaimer (required by regulation 5(1)(a)) explicitly excludes planning, building, health, landfill, landslip, flooding information, and service easements. A conveyancer who obtains only the land information certificate and believes they have completed due diligence is at risk. The Act and Regulations do not require the council to disclose these matters, and the certificate itself warns you. This shifts the search obligation onto the applicant and imposes additional costs to obtain separate certificates from the council or other authorities (usually for a separate fee). The potential liability for failing to conduct these other searches falls on the purchaser or their adviser, not the council.

The property code list in regulation 7(1)(f) is a closed set of about 100 codes. There is no “other” or “miscellaneous” code. If the property use does not fit any listed code, the transferee must select the closest match, which could be subjective and may lead to the property being miscategorised for rating purposes. For example, a data centre may be nearest to “320 General warehouse” or “220 Office premises”, but neither is accurate. The council may later reassess the rating category, leading to backdated charges or a dispute. The codes are detailed (e.g., 525 dairy cattle, 411 gravel/stone, 820 indoor sports), but modern mixed-use or unique properties may fall through the cracks.

The one‑month deadline for the acquisition notice starts from “acquisition” (not settlement date but acquisition as defined in the Act - likely the date of registration of the transfer). It is shorter than most practitioners expect for post-settlement paperwork. A delay of even a few days and the notice may be late, potentially exposing the transferee to penalties under the Act. The obligation is not suspended while awaiting a certificate of title or registration. The transferee must give the notice even if the transfer is not yet registered, or they must do so promptly after registration.

The certification requirement is a two‑edged sword. The certification must be made by the transferee, their Australian legal practitioner, or their licensed conveyancer. A real estate agent cannot certify, even if they handled the sale. If a transferee is unrepresented, they must certify themselves - which means they warrant the accuracy of all details, including complex financial data like GST amount and total sale price. An error in the sale price or property code could lead to liability. For professionals, certifying the notice means they assume responsibility for the accuracy of information provided by the client, and they should verify it rather than simply pass through the client’s figures.

The fee unit trap applies to the land information certificate fee. The Regulation says 1.82 fee units, but the dollar amount changes each financial year. A council that charges last year’s dollar amount (or a flat dollar amount not updated) is not charging the prescribed fee, and the certificate may not be validly issued. A challenge could arise if a purchaser claims the certificate was not issued for the prescribed fee and therefore does not satisfy the Act. Councils must have systems to update the fee annually. Practitioners should confirm the current value of a fee unit before paying the fee.

GST and total sale price in the acquisition notice are required even if the transaction is GST-free or input-taxed. The notice asks for the “GST amount” and “total sale price (including GST)”. For a residential property sold by a non‑registered vendor at nil GST, the practitioner must still enter a figure - likely zero, but the notice does not state the fields are optional. The form requires a numeric entry. A blank field may be rejected. This creates a need to document the GST status properly.

Finally, the principal place of residence question in the acquisition notice is used for voter roll preparation. If the transferee does not intend to live at the property (e.g., an investor), they must provide the address of their actual principal place of residence. Failure to do so accurately could affect their electoral enrolment. This is a privacy intrusion but is prescribed by regulation.

For a council, compliance requires establishing a standard process for issuing land information certificates. The council must ensure every certificate contains all items in regulation 5(1)(a) through (e) - including the prescribed disclaimer, valuation data, rates and charges breakdown (including arrears, periods, and over a dozen specific items), and details of any continuing notices or orders. The council must also verify that the certificate is signed by a delegated staff member or an authorised officer under section 224 of the Local Government Act 1989. The fee must be calculated annually by checking the value of a fee unit published by the Treasurer under the Monetary Units Act 2004, then multiplying 1.82 by that value and rounding to the nearest 10 cents. The council should publish the current fee on its website and update it on 1 July each year. The certificate should be issued promptly - the Regulations do not specify a timeframe, but the Act may imply a reasonable time.

For the acquisition notice, compliance falls on the transferee (or their agent). The first step is to determine the precise date of acquisition under the Act - usually the date of registration of the transfer. The one‑month clock starts from that date. The transferee must prepare a notice containing all particulars listed in regulation 7(1)(a) through (f). This includes full names (with trust/trustee details or ACN for companies), addresses and emails of both parties, whether the land is the transferee’s principal place of residence (and if not, the actual residence address), transferee’s date of birth, property identifiers (street address, lot/plan, volume/folio, crown allotment, municipal property number, area), transfer details (contract date, GST amount, total sale price, deposit, possession date, whether terms sale), residential status and bedroom count, contact details of any legal practitioner or conveyancer, and the property code from the list.

The transferee or their legal practitioner/licensed conveyancer must then certify the accuracy of the information. The certification clause is part of the prescribed form. The notice can be in any format, so long as it contains all prescribed particulars. No specific paper form is mandated; electronic lodgement should be acceptable. The notice must be given to the Chief Executive Officer of the council within one month.

For the certifying professional, compliance requires verifying the accuracy of the information provided by the client. For property details, cross-check against the title search, contract of sale, and any conveyancing documents. For the property code, consider the actual land use at the time of acquisition, not the intended future use. If the property is vacant but will be developed, the appropriate code is likely “100 Vacant site” (for residential) or one of the commercial/industrial vacant codes. The code selected must reflect the current use as at acquisition, not the planning zone or development approval. For mixed-use properties, the code list provides some specific options (e.g., “212 Mixed use” under commercial retail) but not for all combinations. The practitioner should select the most appropriate code and document the reasoning.

All parties should retain copies of the notice and evidence of delivery to the council (e.g., email receipt, postal record). If the notice is late, the transferee should still give it as soon as possible, but they may face penalties under the Act. The practitioner should advise the client of the one‑month deadline well before settlement.

For the transferor, compliance is passive: they should ensure the contract and settlement documents contain all information that will be needed for the notice, and cooperate with the transferee. They may wish to include a clause in the contract requiring the transferee to provide evidence of the acquisition notice being given, as a safeguard against continued rating liability.

Finally, councils and practitioners should monitor any updates to the Regulations. While there have been no amendments to date, changes to the property code list, fee unit calculation, or the one‑month period could occur. The Regulations will sunset in 2031, so the entire compliance regime will need to be re-examined at that time.