[Amit Anand]

Hi Guys,
Can someone clarify these queries for me please:

1.How far back can Council go in recollecting the unpaid rates. Sec 712 (1) of the Legislation says that recovery can start anytime within 20 years. Is this applicable to the rates previously written off as well?

2.If a parcel of land is burdened by right of way and encroached over by the neighbours, Can council ask them to vacate it if it takes them over in lieu of unpaid rates?

3.Also, instead of auctioning these parcels of land burdened by ROW’s, can we take them over as per Sec 570 of Local Government Act 1993 instead of going through a public auction?

4.As per Reg 133 of LGA Regulations(2005), Council has to gazette the list and also advertise them in a newspaper. If we add inserts in the news paper which says that it is part of the newspaper for that day, will that be treated as advertisement in the newspaper?
Kind Regards
Amit

[John Towers]

Hi Amit,

Answers in order:

1) I don’t believe you would be able to collect rates which have previously been written off;

2) A ROW is noted on the title & is remains in force. Council would be selling teh land as is;

3) I believe you would need the owner to offer the land under S570, not just take it but if that is the case then yes Council could accept it. What does Council do with it then?

4) I’m not sure about this one, but if it’s an insert how can you be sure there is one in every paper unlike an ad? You would probably need to take legal advice on this.

JT

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