Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 5.1.34

5.1.34 Sale of certain land held on trust by local governments

(1) Subsection (2) applies if--

(a) a local government intends to sell land it holds on trust in fee simple; and
(b) the land is held on trust for public parks infrastructure or local community facilities; and
(c) the local government completely or partly obtained the land in relation to an infrastructure charge levied, or a condition of an approval given, under this or the repealed Act; and
(d) the sale of the land would not be inconsistent with a current infrastructure agreement under which the local government obtained the land.

(2) The local government must advertise its intention to sell the land by placing a notice of the sale in a newspaper circulating in the local government's area.

(3) The notice must contain--

(a) a description of the land proposed to be sold; and
(b) the purpose for which the land was given on trust; and
(c) the reason for proposing to sell the land; and
(d) the reasonable time within which submissions must be made.

(4) The local government must consider all submissions in relation to the notice before making a decision about the sale.

(5) If a local government complies with this section and sells the land--

(a) the land is sold free of the trust; and
(b) the proceeds of the sale must be used for providing public parks infrastructure or land for local community facilities servicing the land.


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