FAQs

Most land that is owned by Council or under its care and control is set aside for the public to use and enjoy.  

All local government land (except roads) that is owned by Council or is under the care, control and management of Council is classified as Community Land under the Local Government Act 1999, unless it has been exempted through legislation, excluded by resolution of Council or the classification has been revoked.  

This land is classified as “Community Land” to make sure it is looked after for the benefit of the whole community and to reflect that some land has special meaning to locals because of important cultural or historic features. Council is responsible for actively managing this land.  

Sometimes Council needs to consider whether it is in the long-term interests of the community that the protection of a parcel of land under the classification of Community Land should continue. Council (in consultation with the community) may decide that such protection under this classification is no longer required, to enable the land to be sold and the proceeds used for another community purpose, such as the building of a community facility. 

The Local Government Act 1999 contains important restrictions on the ability of Council to revoke and sell its Community Land. Community Land cannot be sold without first consulting with the broader community and giving the public an opportunity to consider any proposal to sell the land. Council must take into account the views and opinions of the public when Council makes its decision as to whether it will revoke the Community Land status of the land.  

There is a further step in the process. The Minister for Local Government must also consider the overall merits of the proposal and decide whether to consent to the revocation and sale and give Council the authority to proceed.