Townsville City Council (Sale of Land) Act 1973 (Qld)

771 .ANI TO VI%-E I jO SECU D) ELIZA `III- SEC UN DAL' IN E % L L-7 A No. [ ASSEN T ED To 2C--' D ECEMBER, 1973] d as sI sville City Cc ail 2, appearccsa- llotm° ans a piece, parc-I or si };vision of land the bou a plawnhcich a.r,e: y ,d ' tie Surv b e y y m O e f t f e ic s e a o n r d , c:._,_ r of la= thm -eal Pro.?rty Act 1861-1973 has be (;-- =Tided; a subdivision of such land the Loy _; Ja r' ', 3 of w ', 11c are separately defined by metes and boulsr on the rc8_ cant plan of survey of such subdivision h the Registrar of Titles; " Cou m :ans the Coi . ,il of the City of Townsville; 11 " me- ' cant for the purchase of an of s -ho is eligible to purchase itr.[ alto' I s and conditions affecting the sale of dial anu inipused by the Governor in Council or by the C-u " scheduled land " 1:.eans the lands described in the schedule to this Act. 26

772 Townsville City Council (Sale of Land) Act 1973, No. 84 3. Modification of s. 19. Local Governm ent Act as respects sales made under this Act. In respect of a sale to be made under the authority of this Act of an allotment of scheduled land section 19 of the Local Government Act 1936-1973 applies subject to this Act. 4. Council's authority to sell scheduled land by private contract. The Council may sell and agree to sell allotments of the scheduled land by private contract without complying with subsection (4) or (5) of section 19 of the Local Government Act 1936-1973 but subject to and in accordance with this Act. 5. Restricted purpose of sale under this Act. Every sale made under the authority of this Act shall be for the purpose of the purchaser's erecting thereon a single unit dwelling house for his own occupation and enjoyment. 6. Condition precedent to sale under this Act. (1) Before the Council (pursuant to section 9) calls for applications to purchase any allotment or allotments of the scheduled land it shall submit its proposal to sell that allotment or, as the case may be, those allotments for the approval of the Governor in Council and in its submission shall specify the terms and conditions to which the Council proposes that the sale will be subject. (2) The Governor in Council may approve of any proposed sale or may withhold his approval, and, if he approves, may impose terms and conditions to which the proposed sale shall be subject. (3) On the application of the Council, the Governor in Council may vary the terms and conditions imposed by him under subsection (2) or those terms and conditions as previously varied by him under this subsection and if, in his opinion, the case requires it may on like application revoke his approval and grant a fresh approval in its stead. 7. Conditions of sale under this Act. Every agreement to sell entered into under the authority of this Act- (a) shall be subject to and in accordance with the terms and conditions (if any) imposed by the Governor in Council that apply in respect of the proposed sale at the time when the agreement is made; (b) shall be for such consideration and on such terms and conditions (being not inconsistent with the terms and conditions imposed by the Governor in Council to which the agreement is required to be subject) as the Council determines by resolution. 8. Security to effect conditions. As a term or condition of an agreement to sell under the authority of this Act the Council may require the purchaser to give and may take from the purchaser such security as the Council thinks sufficient to ensure compliance with the terms and conditions to which the agreement to sell is subject. 9. Procedure for selling allotments. (1) When the Council proposes to sell any allotment or allotments under the authority of this Act it shall, by public notice in a newspaper published in the City of Townsville, call for applications to purchase the allotment or allotments. (2) Every application shall be in writing, in a form acceptable to the Council, and shall be accompanied by such information as the Council requires. (3) Where it appears that an applicant to purchase is not an eligible applicant his application shall be rejected.

Townsville City Council (Sale of Land) Act 1973, No. 84 773 10. Determination of purchaser amongst several applicants . Where in relation to a proposed sale under the authority of this Act- (a) there are more eligible applicants than one to purchase a particular allotment of the scheduled land; or (b) there are more eligible applicants than there are allotments of the scheduled land available for purchase; or (c) any other circumstance exists, so that it becomes necessary or desirable to determine which eligible applicant shall become the purchaser of a particular allotment of the scheduled land, the determination shall be made by lot amongst the eligible applicants by means of a public ballot conducted on behalf of the Council in such manner as the Council directs by resolution. 11. Penalty (1) Any person who, in an application to purchase an !lot: . - t of the scheduled land (whether a particular allotment o - an L i :cifne,' allotment) or in any written or oral statement mads connexion with such an application, falsely represents himself to be:ligible applicant to purchase the allotment commits an offence against is Act. Penalty: wb 000.00 or imprisonment for 12 months or both. It is a defence to a charge of an offence defined in this subsection that the defendant did not know and could not have ascertained by the exercise of reasonable diligence that he was not an eligible applicant to puachase the allotment in question. The operation of section 24 of The Criminal Code is excluded in respect of an offence defined in this subsection. (2) Where the Council is satisfied that a person with whom is made an ago ement to sell under the authority of this Act was not an eligible -it to purct the allotment of the scheduled land to which the ent rela e the agreement was madle, the Council may ind the ag on all moneys he purchaser to Council ur, t shall be there by orf ri"--d to the Council as vendor und( The power confer ` by this subsection may be exercised whether or not the pu°-`-user is i :)sec ted for an offence defined in subsection (1). 12. (1) A prosecution for an offence against this Ac- s-- - ;-- be by ,- -,' c_' summary proceeding under the Justices Act1886-1973. (2) A complaint for an offence against this Act may be laid at any within or° ye-- after the commission of the offence or within 6 months after tt c ; comes to the knowledge of the complainant, whichever period i [e later to expire. (3) in any proceeding for an offence against this Act- (a) a document purporting to be a certificate by the Director of Local Government for the State as to the terms and conditions imposed by th Governor in Council that applied at a date specified in the rument in relation to a proposed sale of any allotment or ai: -:r:tt.s of the scheduled land shall be evidence and, in of evidence to the contrary, conclusive evidence of -s contained therein; (b) a document;= to be a certificate by the Town Clerk of the Council as to the terms and conditions imposed by the Council that applied at a date specified in the document in relation to a proposed sale of any allotment or allotments of

774 Townsville City Council (Sale of Land) Act 1973, No. 84 the scheduled land shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 13. Saving of Council's other powers. This Act does not prejudice in any way powers had by the Council otherwise than under this Act in respect of selling the scheduled land and shall be construed accordingly. THE SCHEDULE [s. 2] Lands situated in the County of Elphinstone, Parish of Stuart, being- (a) land described as Lot I on Plan number 22962, registered in the office of the Registrar of Titles; and (b) land commencing on the northern most corner of Lot 3 as shown on Registered Plan number 22962 and bounded thence by that lot south-easterly and generally south-westerly to its south-western corner by lines bearing 260 degrees 3 minutes for a distance of 21 chains 15.65 links, 183 degrees 28 minutes, 2 chains 3.3 links by the surveyed boundaries bearing 263 degrees 4 minutes, 1 chain 22.7 links, 179 degrees 49 minutes, 18 chains 94-8 links, 89 degrees 49 minutes, 22 chains 34.7 links, 179 degrees 49 minutes, 12 chains 80 links to the south-eastern corner of Portion 315 by the southern boundary of Portion 315, westerly to its south-western corner, by the western boundary of Portion 315 northerly to the south-eastern corner of Portion 106, by that Portion westerly to its south-west corner, by Portion 197 southerly and easterly to the right bank of the Ross River and by that bank generally downwards to the point of commencement.