Adopted by Council on 7 February 2011

Policy Goals 

The principle aim of this policy is to define the circumstances and factors that will be assessed by Council in respect to the sale of Council owned property. The purpose of this policy is to serve as an accountability mechanism to the community.  

It is Council’s position that the sale of Council owned property will be via public auction unless circumstances exist that justify an alternative method of sale.  

All sales of Council owned property shall be consistent with the Local Government Best Practice Guideline for the Sale and Exchange of Land prepared by the Department of Planning and Community Development.     

Policy Implementation

1. Requests Made to Council
   Where individuals make direct approaches to Council to purchase an unimproved Council owned property then the Sale of Council Owned Property Procedure shall solely apply.  Such procedure requires Council to consider the potential sale of the property in accordance with the Local Government Act 1989.   Where individuals make direct approaches to Council to purchase occupied or improved Council owned property then the Sale of Council Owned Property Procedure shall apply only after the application of this policy, particularly in respect as to whether the asset is surplus to Council or community requirements.  
2. When Initiated by Council
   When the potential sale of occupied or unoccupied Council owned improved or unimproved property has been initiated by Council then the Sale of Council Owned Property Procedure shall apply only after the application of this policy.  
3. Sale to the Crown
   The Council may resolve from time to time that this policy does not apply in respect of any sale of property undertaken in accordance with Section 191 of the Local Government Act 1989.  
4. Surplus to Council Requirements
   As part of its consideration of an application of the Sale of Council Owned Property Procedure, the Council will determine whether a property is surplus to Council requirements. 
   Accordingly, Council will give consideration to the following questions:-
   1. Is the property sale essential to meet fiscal imperatives?
   2. Is the property portfolio overweighed?
   3. Does the property support best practice service delivery?
   4. Does the property have an effective operating cost structure and capital replacement provisions?
   5. Is ownership the best form of tenure?
   6. Will the property sale realize a significant amount of capital or contribute to significant economic development potential?  
5. The process for determining whether a property is surplus to Council requirements may be undertaken before or concurrently with Clause 5 of this policy.   If the property is not deemed surplus to Council requirements, consideration of sale of the property will not continue and the applicant will be notified of this result.  
6. Surplus to Community Requirements
   In the event Council forms the opinion that a Council owned property is surplus to its requirements, Council will invite community organisations and the general public to comment on whether a property is surplus to community requirements.  The notice inviting community comment will be included in the public notice inviting submissions in accordance with the provisions of Section 223 of the Local Government Act 1989 and the application of the Sale of Council Owned Property Procedure.   The process for determining whether a property is surplus to community requirements may be undertaken concurrently with Clause 4 of this policy.  
7. Sale to Community Organisations
   Community organisations will be given first opportunity to express an interest in purchasing properties that have been deemed to be surplus to Council and community requirements.  This will be done simultaneously with Clause 5 of this policy, via a public notice in the local newspaper.  
8. Application of Sale of Council Owned Property Procedure
   The Sale of Council Owned Property Procedure applies after Council resolves that a property is surplus to council or community requirements, or as otherwise provided in this policy.  
9. Method of Sale
   In the event that Council favours selling a property to a community organisation as a result of an expression of interest process or the sale was not initiated by Council, then the sale may occur by private treaty.    If the sale was initiated by Council and Council does not favour selling the property to a community organisation, then the property must first be put to sale by public auction.
10. Authorisation of Chief Executive Officer
    After complying with this policy and relevant procedures, the Council may authorise the Chief Executive Officer to enter into a contract for the sale of a property. Unless otherwise resolved by Council, the Chief Executive Officer must not accept a sale price less than 90% of a sworn valuation obtained in accordance with Section 189 of the Local Government Act 1989.  
11. Real Estate Services
    When Council requires the provision of real estate services, quotations or tenders for such services will be sought in accordance with Council procurement procedures.   This policy has been reviewed after giving proper consideration to all the rights contained within the Charter of Human Rights and Responsibilities Act 2006; and any reasonable limitation to human rights can be demonstrably justified.