[Emma Murphy]

We had a significant boundary adjustment occur on 1/7/19. This affected about 500 properties….some of which now qualify for sale of land for unpaid rates (and we attempted to be sold before for unpaid rates in 2018).

We have had the properties on our books for 2 years….but anyone know the in’s and out’s of selling these as we didn’t levy the rates for the previous years. Fortunately we and the other Council used the same software, so I do have full transaction listing of payments, levies etc. And have no hesitation is validating that there is defiantly more than 5 years worth of rates….just not sure how it all sits on the certificate etc. I would just hate to be challenged, without having knowledge.

Most of the properties are small abandoned parcels of vacant land, with deceased owners; however I do have the odd one or two occupied properties .

Thanks in advance

[Andrew Butcher]

Hi Emma

Campbelltown and Camden councils did a small boundary variation (about 200 lots) and we sought legal advice in regards to transferring Pension Rebate Concession data and were advised that because the Act refers to ‘a council’ or ‘the council’ the data is not council specific but general so any council can hold (or be transferred) the application data.
I would confidently say that you could apply this principle to the sale of land as the same terminology is within Section 713, that is ‘a council’ or ‘the council’. If these matters are somewhat contentious then it may be prudent to get legal advice, to be safe.
Hope you are keeping safe and are well.

Regards,
Andrew

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