Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 3.58

3.58 .         Disposing of property

        (1)         In this section —

        dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not;

        property includes the whole or any part of the interest of a local government in property, but does not include money.

        (2)         Except as stated in this section, a local government can only dispose of property to —

            (a)         the highest bidder at public auction; or

            (b)         the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

        (3)         A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

            (a)         it gives local public notice of the proposed disposition —

                  (i)         describing the property concerned; and

                  (ii)         giving details of the proposed disposition; and

                  (iii)         inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

                and

            (b)         it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

        (4)         The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

            (a)         the names of all other parties concerned; and

            (b)         the consideration to be received by the local government for the disposition; and

            (c)         the market value of the disposition —

                  (i)         as ascertained by a valuation carried out not more than 6 months before the proposed disposition; or

                  (ii)         as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.

        (5)         This section does not apply to —

            (a)         a disposition of an interest in land under the Land Administration Act 1997 section 189 or 190; or

            (b)         a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59; or

            (c)         anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

            (d)         any other disposition that is excluded by regulations from the application of this section.

        [Section 3.58 amended: No. 49 of 2004 s. 27; No. 17 of 2009 s. 10.]