Local Government (Land Information) Regulations 2021
S.R. No. 69/2021
Version as at
1 July 2021
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Land information certificate 2
6 Fee for the issue of a land information certificate 4
7 Notice of acquisition 4
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.001
Local Government (Land Information) Regulations 2021
S.R. No. 69/2021
Version as at
1 July 2021
1 Objective
The objective of these Regulations is to prescribe, for the purposes of the Local Government Act 2020—
(a) information to be specified in a land information certificate; and
(b) the fee for the issue of a land information certificate; and
(c) the form of, and particulars required in, an acquisition notice; and
(d) the period of time for giving an acquisition notice to the Chief Executive Officer of the Council.
2 Authorising provision
These Regulations are made under section 325 of the Local Government Act 2020.
3 Commencement
These Regulations come into operation on 1 July 2021.
4 Definitions
In these Regulations—
GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
licensed conveyancer means a person who holds a licence under the Conveyancers Act 2006;
the Act means the Local Government Act 2020.
5 Land information certificate
(1) For the purposes of section 121(1) of the Act, the following is prescribed information for a land information certificate—
(a) a statement containing the following—
"This certificate provides information regarding valuation, rates, charges, other money owing and any orders and notices made under the Local Government Act 2020, the Local Government Act 1989, the Local Government Act 1958 or under a local law of the Council.
This certificate is not required to include information regarding planning, building, health, land fill, land slip, flooding information or service easements. Information regarding these matters may be available from Council or the relevant authority. A fee may be charged for such information.";
(b) the date of issue of the land information certificate;
(c) valuation information consisting of—
(i) the Council valuation of the land using the net annual value, site value and capital improved value systems of valuation; and
(ii) the current level of value date;
(d) information in relation to rates and charges and other money consisting of—
(i) the amount and type of all rates and charges levied on the land (including when the rates and charges are due); and
(ii) any rates and charges levied on the land that are paid or unpaid; and
(iii) the amount of arrears in relation to rates and charges levied on the land (if any); and
(iv) the period for which all rates and charges apply; and
(v) any money owed for works under the Act, the Local Government Act 1989 or the Local Government Act 1958 and, if so, the amount; and
(vi) the potential liability for rates in relation to the land under the Cultural and Recreational Lands Act 1963; and
(vii) the potential liability for the land to become rateable under section 173 or 174A of the Local Government Act 1989; and
(viii) any money owed in relation to the land under section 94(5) of the Electricity Industry Act 2000; and
(ix) any outstanding amount required to be paid for recreational purposes or any transfer of land to the Council for recreational purposes under section 18 of the Subdivision Act 1988 or the Local Government Act 1958; and
(x) any money owed under section 119 of the Act; and
(xi) any environmental upgrade charge in relation to the land which is owed under section 181C of the Local Government Act 1989; and
(xii) any levy amount specified as being due in an assessment notice in relation to the land under section 25 of the Fire Services Property Levy Act 2012;
(e) whether at the date of the land information certificate, any notice or order on the land has continuing application under the Act, the Local Government Act 1989, the Local Government Act 1958 or under a local law of the Council and, if so, the details of the notice or order.
(2) A land information certificate must be signed by—
(a) a member of staff of the Council to whom the power to sign a land information certificate has been delegated; or
(b) a person appointed to be an authorised officer under section 224 of the Local Government Act 1989.
6 Fee for the issue of a land information certificate
For the purposes of section 121(3) of the Act, the prescribed fee is 1·82 fee units.
7 Notice of acquisition
(1) For the purposes of section 122(1)(a) of the Act, the acquisition notice is in the prescribed form if it contains the following prescribed particulars—
(a) personal details consisting of—
(i) the full name of the transferor (and if applicable, the full name of the trust and trustee or, in the case of a company, the transferor's ACN); and
(ii) the full name of the transferee (and if applicable, the full name of the trust and trustee or, in the case of a company, the transferee's ACN); and
(iii) the address and email address of the transferee at the time of transfer; and
(iv) the address and email address of the transferor at the time of transfer; and
(v) whether the land will be the transferee's principal place of residence; and
(vi) if the land will not be the principal place of residence under subparagraph (v), the address of the transferee's principal place of residence (for the purpose of preparing voters' rolls); and
(vii) the addresses for correspondence to, or service on, the transferee (if different from the land being acquired) and of the transferor; and
(viii) in the case of an individual, the date of birth of the transferee (for the purpose of preparing voters' rolls);
(b) property details in relation to the land consisting of—
(i) the flat or unit number, street number, name of street or road, suburb, town or district and postcode; and
(ii) Lot number and Plan number; and
(iii) Volume and Folio; and
(iv) the name of the municipal district; and
(v) Crown Allotment Number; and
(vi) Section or Portion, Parish; and
(vii) Municipal Property Number
(if known); and
(viii) area of the land (including any accessory units) and unit of entitlement;
(c) transfer details in relation to the land consisting of—
(i) the date of contract, the GST amount, the total sale price (including GST), the deposit and the date of possession or transfer; and
(ii) whether or not the purchase is a terms sale;
(d) whether or not the property is a residential property and, if so, the number of bedrooms;
(e) contact details and certification, including—
(i) the name, telephone number and email address of the transferee's Australian legal practitioner, licensed conveyancer or agent (if any); and
(ii) the name, telephone number and email address of the transferor's Australian legal practitioner, licensed conveyancer or agent (if any); and
(iii) provision for the certification by the transferee or Australian legal practitioner, licensed conveyancer or agent of the accuracy of the information provided;
(f) the relevant property code, being one of the following—
Residential land
100 Vacant site
101 Development site
102 Subdivisional land
103 Rural lifestyle site
Single residential
110 Dwelling
112 Row house/terrace
117 Rural lifestyle
Multiple occupation
120 Unit
125 Flat
126 Car park
Retirement/aged care
140 Retirement unit
141 Retirement complex
142 Aged care complex
Commercial
200 Commercial site
Retail
210 Single retail
211 Multi retail
212 Mixed use
213 Shopping centre
214 National retail
215 Service station
216 Multi-service station
Office
220 Office premises
Tourist accommodation
230 Hotel/motel
234 Caravan park
Hospitality
240 Licensed premises/restaurant
Entertainment
250 Entertainment complex
251 Cinema complex
Personal services
270 Health surgery
271 Health clinic
275 Veterinary clinic
Vehicle parking/sales
280 Ground parking
281 Multi-level parking
284 Car yard
Industrial
300 Industrial site
Manufacturing
310 Factory
311 Processing factory
Warehouse
320 General warehouse
321 Open storage
325 Coolstore/coldstore
331 Abattoirs
Extractive industries
Quarry
410 Sand
411 Gravel/stone
412 Manufacturing materials
413 Soil
Primary production
Native vegetation
500 Bush
Agriculture
510 Cropping
Livestock grazing
520 Domestic grazing
521 Non-native animals
522 Native animals
523 Sheep
524 Beef cattle
525 Dairy cattle
Livestock—special purpose
540 Feed lot
541 Poultry
544 Horse stud/stables
545 Piggery
546 Kennel/cattery
Horticulture
550 Market garden
551 Orchard/groves
561 Vineyard
562 Plant/nursery
Infrastructure
600 Vacant land
Gas or fuel
610 Wells
Electricity
620 Power station
Community services
Health
710 Public hospital
711 Private hospital
Education
720 Kindergarten
721 Government school
722 School camps
723 Private school
725 University
726 TAFE
Religious
740 Place of worship
Community
750 Hall
Sport
800 Sport vacant
820 Indoor sports
821 Outdoor sports
(2) For the purposes of section 122(1)(b) of the Act, the prescribed period is one month after acquisition of the land.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Local Government (Land Information) Regulations 2021, S.R. No. 69/2021 were made on 29 June 2021 by the Governor in Council under section 325 of the Local Government Act 2020, No. 9/2020 and came into operation on 1 July 2021: regulation 3.
The Local Government (Land Information) Regulations 2021 will sunset 10 years after the day of making on 29 June 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Local Government (Land Information) Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.