Sale of Land for Overdue Rates
Local Government Act 2009 and Local Government Regulation 2012
Mareeba Shire Council hereby gives notice, that the land described in the below Schedule, will be sold by Public Auction.
This Notice is issued in accordance with section 142 of the Local Government Regulation 2012 and by authority of a resolution made on 16 November 2016 was in the following terms: Sell such land listed in the Schedule below due to the rates which have accrued on the rateable lands remaining unpaid for three (3) years or longer, in accordance with section 140 of the Local Government Regulation 2012.
The Public Auction will take place at 10.00 am on Wednesday 30 May 2018 in the boardroom at the Mareeba Shire Council Office, 65 Rankin Street Mareeba unless all overdue rates, interest, associated charges and any expenses incurred by Council are paid in full.
A Reserve price will be placed on the land in accordance with the Local Government Regulation 2012. The land will not be sold unless the reserve price is reached at auction.
Please direct any enquiries to the Rates Department on 1300 308 461.
Legal Description of Land
|Lot 2 MPH 25016 Lot 3 MPH 25016||1012 MetSq
|Herberton – Petford Road IRVINEBANK QLD 4887|
|Lot 41 SP 187435||8376 MetSq||12 Sandalwood Close KURANDA QLD 4881|
Copies of sections 141 to 144 of the Local Government Regulation 2012 may be obtained from Council.
A/Chief Executive Officer
PO Box 154
MAREEBA QLD 4880
Terms & conditions of the auction process
- Chapter 4 Part 12 Division 3 of the Local Government Regulation 2012, provides that when any rates or charges remain unpaid in respect of any land for three years or longer the Local Government may, after giving the prescribed notice, and unless in the meantime all rates and charges due and overdue are paid, sell the land free of and discharged from all mortgages, etc., except for those (if any) in favour of Crown Instrumentalities, and apply the proceeds in priority of all other claims, in satisfaction of the expenses of sale and rates and charges owing. Mareeba Shire Council, having given the required notice, now sells the properties at this auction.
- The highest approved Bidder will be the Buyer subject :
- The reserve price, if any (A reserve price has been set in accordance with Section 143(1) of the Local Government Regulation 2012); and
- The Council’s approval.
- If the reserve price is not reached during the auction process, the property shall be ‘passed in’. Council may then enter negotiations for the purchase of the property with, but only with, the highest bidder at the auction. Any potential sale must be at a price greater than the highest bid received during the auction.
- Properties are sold in an “as is – where is” condition. Council neither guarantees nor infers compliance with building codes or other statutory requirements. It is recommended potential purchasers undertake whatever searches they consider appropriate prior to the auction. Where Council charges a fee for such information, such information is unable to be supplied free of charge. The cost of and information available on searches may be obtained from Council.
- All Bidders must be registered. The Auctioneer may register a person as a Bidder only if the person has provided his/her name, address and satisfactory evidence of his/her identity. Bids will only be accepted from registered Bidders. Bidders must use the numbered identifier provided by the Auctioneer to make a bid during the auction.
- Any person bidding on behalf of another person must provide the Auctioneer with a copy of their written authority before the auction; otherwise the Bidder will be taken to be acting on their own behalf.
- The Auctioneer has the discretion to refuse to accept any bid from any person. A bid will be taken to be accepted and irrevocable unless the Auctioneer, immediately after it is made, refuses it.
- The decision of the Auctioneer is final in all matters relating to the auction and no bidder has any right of recourse against the Auctioneer or the Council as Seller.
- Without affecting condition 7, if there is any dispute over a bid, the Auctioneer may;
- Re-open the bidding and resubmit the property for sale starting with the highest bid previously accepted; or
- Determine the dispute in any other way the Auctioneer considers appropriate in his/her absolute discretion.
- Immediately on the fall of the hammer, the Bidder of the highest bid accepted must sign, as Buyer, the Contract of Sale and pay the deposit to the nominated Deposit Holder.
- Unconditional contracts of sale shall be used with settlement terms requiring a minimum 10% deposit of the successful bid or any other percentage or figure agreed to by the Council as Seller. The deposit must be paid on the day of signing the Contract of Sale with the balance seven (7) days thereafter. A bank cheque will also be required to effect settlement.
- The Council as Seller and the Buyer agree to sign all documents and do everything else necessary to transfer the property to the Buyer.
- It is the responsibility of all Buyers to verify or establish the boundaries of land being offered for sale.
- Any property advertised for sale by Council under this part of the Local Government Act shall be withdrawn from sale should cleared payment of the overdue rates or charges together with all expenses incurred in attempting to sell the land be received prior to auction. It is suggested enquiries be made nearer the auction date to ascertain what, if any, properties have been withdrawn from the auction sale list.