QLDIn ForceRegulation
Local Government Regulation 2012
sec.140Notice of intention to sell land for overdue rates or charges
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### sec.140 Notice of intention to sell land for overdue rates or charges
This section applies if—
there are overdue rates or charges on land; and
the liability to pay the overdue rates or charges is not the subject of court proceedings; and
some or all of the overdue rates or charges have been overdue for at least—
generally—3 years; or
if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or
if the rates or charges were levied on a mining claim—3 months.
The local government may, by resolution, decide to sell the land.
If the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to sell the land.
A notice of intention to sell is a document, signed by the chief executive officer, stating—
that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and
the day on which the resolution was made; and
the terms of the resolution; and
a description of the location and size of the land, as shown in the local government’s land record; and
details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and
details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including—
details of the rate at which interest is payable on the rates or charges; and
a description of the way the interest is calculated; and
the total amount of overdue rates or charges and the interest, as at the date of the notice; and
a copy, or a general outline, of sections 141 to 144 .
(sec.140-ssec.1) This section applies if— there are overdue rates or charges on land; and the liability to pay the overdue rates or charges is not the subject of court proceedings; and some or all of the overdue rates or charges have been overdue for at least— generally—3 years; or if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or if the rates or charges were levied on a mining claim—3 months.
(sec.140-ssec.2) The local government may, by resolution, decide to sell the land.
(sec.140-ssec.3) If the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to sell the land.
(sec.140-ssec.4) A notice of intention to sell is a document, signed by the chief executive officer, stating— that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and the day on which the resolution was made; and the terms of the resolution; and a description of the location and size of the land, as shown in the local government’s land record; and details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— details of the rate at which interest is payable on the rates or charges; and a description of the way the interest is calculated; and the total amount of overdue rates or charges and the interest, as at the date of the notice; and a copy, or a general outline, of sections 141 to 144 .
- (a) there are overdue rates or charges on land; and
- (b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and
- (c) some or all of the overdue rates or charges have been overdue for at least— (i) generally—3 years; or (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or (iii) if the rates or charges were levied on a mining claim—3 months.
- (i) generally—3 years; or
- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or
- (iii) if the rates or charges were levied on a mining claim—3 months.
- (i) generally—3 years; or
- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or
- (iii) if the rates or charges were levied on a mining claim—3 months.
- (a) that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and
- (b) the day on which the resolution was made; and
- (c) the terms of the resolution; and
- (d) a description of the location and size of the land, as shown in the local government’s land record; and
- (e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and
- (f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— (i) details of the rate at which interest is payable on the rates or charges; and (ii) a description of the way the interest is calculated; and
- (i) details of the rate at which interest is payable on the rates or charges; and
- (ii) a description of the way the interest is calculated; and
- (g) the total amount of overdue rates or charges and the interest, as at the date of the notice; and
- (h) a copy, or a general outline, of sections 141 to 144 .
- (i) details of the rate at which interest is payable on the rates or charges; and
- (ii) a description of the way the interest is calculated; and