Council meeting agenda - 4 June 2012 - Clarence City Council

CLARENCE CITY COUNCIL - GOVERNANCE- 4 JUNE 2012 236
� provide essential infrastructure to support, sustain and enhance community
safety and social well-being;
� develop and implement plans and programs that respond to community safety
and well-being issues;
� prepare plans to create a sense of place for local communities;
� develop and implement Asset Management Plans that respond to the identified
needs of local communities;
� facilitate the provision of needed public facilities;
� recognise contributions of community groups and volunteers.
5. EXTERNAL IMPACTS
Nil.
6. RISK AND LEGAL IMPLICATIONS
6.1. The Local Government Act, 1993 allows for Council to dispose of its land by
leasing, however, draws very clear definition between ordinary Council land
holding and land which it classes as “public land”. The 2005 amendments to
the Local Government Act require that if Council intends to lease public land
it is to undertake formal public processes in accordance with the Act as though
it was disposing of the public land.
6.2. The disposal of public land by leasing is required to follow a set statutory
process. The following outlines the process required:
� a Council resolution by Absolute Majority is required;
� Council is to publish its intention in the daily newspaper on 2 separate
occasions;
� Council is to notify the public that objections may be made to the
Council within 21 days;
� if Council does not receive any objections it may lease or otherwise
dispose of the land, however, before disposing of any land, Council is
to obtain a valuation of the land from the Valuer General or a person
who is qualified to practice as a land valuer;