FAQs

Most land that is owned by Council or under its care and control is set aside for the public to use and enjoy.

All local government land (except roads) that is owned by Council or is under the care, control and management of Council is classified as Community Land under the Local Government Act 1999, unless it has been exempted through legislation, excluded by resolution of Council or the classification has been revoked.

The classification of land as “Community Land” ensures it is looked after for the benefit of the whole community with Council being responsible for actively managing this land. 

Sometimes Council needs to consider whether it is in the long-term interests of the community that the protection of a parcel of land under the Community Land classification should continue. Council (in consultation with the community) may determine that such protection is no longer necessary – potentially enabling the land to be sold.

The Local Government Act 1999 contains important restrictions on the ability of Council to revoke and sell its Community Land. Community Land cannot be sold without first consulting with the broader community and giving the public an opportunity to consider any proposal to sell the land. Council must take into account the views and opinions of the public when Council makes its decision as to whether it will revoke the Community Land status of the land.

There is a further step in the process. The Minister for Local Government must also consider the overall merits of the proposal and decide whether to consent to the revocation and sale and give Council the authority to proceed.

Section 194 of the Local Government Act 1999 requires Council to prepare a report on a proposal to revoke the Community Land classification of any land, to make the report available, to follow the steps set out in its public consultation policy and to consider any submissions before submitting the proposal to the Minister for Local Government for decision. The report describes the proposal, the reasons behind it, where the land is located and the possible future use of the land.

The feedback received from this consultation will be presented to Council to inform and support its decision-making process.