SALE OF LAND for UNPAID RATES Information Booklet

SALE OF LAND for

UNPAID RATES

Information Booklet

AUCTION

TO BE HELD AT

INVERELL SHIRE COUNCIL, ADMINISTRATIVE CENTRE

144 OTHO STREET

INVERELL NSW 2360

COMMENCING AT

10 AM THURSDAY 29TH

JULY 2021

AUCTIONEER: Nutrien Harcourts Real Estate 262 Byron Street, Inverell 2360 Contact: Carl Hurford 02 6721 0944 or 0427 220 245 SOLICITORS: AVERN McINTYRE & CO GENERAL MANGER: PJ Henry

2 | P a g e

3 | P a g e

Contents GENERAL INFORMATION ..................................................................................................................... 4

CONDITIONS OF SALE ......................................................................................................................... 4

CONDITIONS OF SALE BY AUCTION .................................................................................................. 5

PENALTY FOR DUMMY BIDDING ........................................................................................................ 6

RESERVES PRICES .............................................................................................................................. 6

Property Listing Summary ....................................................................................................................... 7

Item 1: 42 Chester Street, INVERELL 2360.................................................................................. 8

Item 2: Lot 8 - Mitchell Crescent, INVERELL 2360 ..................................................................... 12

Item 3: 16 Sapphire Street, TINGHA 2369 .................................................................................. 14

Item 4: Lot 2 - Diamond Street, TINGHA 2369 ........................................................................... 18

Item 5: Lot 5&6 - Diamond Street, TINGHA 2369 ....................................................................... 20





4 | P a g e

GENERAL INFORMATION

All of the properties listed in this sales brochure have rates overdue for more than five (5) years and in accordance with the provisions of Section 713 (1) (2) of the Local Government Act, 1993, the Inverell Shire Council has resolved that action be taken by way of sale to clear its arrears position and to attract new ratepayers. Council and its Auctioneer have established a reserve price for each parcel of land and if land offered for sale is passed in, interested persons may still make an offer to Council to purchase the land as an after auction purchase under private treaty. Please direct any enquiries in this regard to Council’s Officer who will be in attendance on the day of the sale.

CONDITIONS OF SALE

The successful purchaser must submit ten percent (10%) deposit on the day of the sale with the balance to be paid on completion. Upon payment of the sale price in full the new owner will receive a clear title to the land

1. In accordance with Section 716 (3), of the Local Government Act, 1993 the land may be sold

under this Division to the Council, a Councillor, a relative of a Councillor, or a member of staff of the

Council or any relative of a member of staff of the Council in the case of sale by Public Action, but not

be sold in the case of sale by private treaty.

2. It is the responsibility of the intending purchaser to inspect the property and satisfy

themselves that their intended use of the land is compatible with the requirements of the Inverell Shire

Council (to assist in this regard, where possible, all properties have been zoned, building permission

stated where applicable and locality given).

3. The purchaser must comply with the statutory requirements and obtain all necessary

approvals for any proposed developments.

4. The offer for sale of these properties does not fetter Council in any way in respect of its

capacity to assess any necessary development proposals and does not imply that any such approvals

will necessarily be issued.

5. In the event of land being purchased with buildings, houses, sheds, etc. erected thereon, the

successful purchaser inherits same in accordance with the provision of Section 713 of the Local

Government Act, 1993

6. Goods and Service Tax (GST) will apply were applicable.

5 | P a g e

CONDITIONS OF SALE BY AUCTION

Property, Stock & Business Agents Act (NSW) 2002,

Part 6, s77 Regulations & Amending Legislation

Clause 18 (1) The following conditions are prescribed as applicable to and in respect of the sale by

auction of land:

(a) The principal’s reserve price must be given in writing to the auctioneer before the auction

commences.

(b) A bid for the seller cannot be made unless the auctioneer has, before the commencement

of the auction, announced clearly and precisely the number of bids that may be made by or

on behalf of the seller.

(c) The highest bidder is the purchaser, subject to any reserve price.

(d) In the event of a disputed bid, the auctioneer is the sole arbitrator and the auctioneer’s

decision is final.

(e) The auctioneer may refuse to accept any bid that, in the auctioneer’s opinion, is not in the

best interests of the seller.

(f) A bidder is taken to be a principal unless, before bidding, the bidder has given to the

auctioneer a copy of a written authority to bid for or on behalf of another person.

(g) A bid cannot be made or accepted after the fall of the hammer.

(h) As soon as practicable after the fall of the hammer the purchaser is to sign the agreement

(if any) for sale.

(2) The following conditions, in addition to those prescribed by subclause (1), are prescribed as

applicable to and in respect of the sale by auction of residential property or rural land:

(a) All bidders must be registered in the Bidders Record and display an identifying number

when making a bid.

(b) Subject to subclause (2A), the auctioneer may make only one vendor bid at an auction for

the sale of residential property or rural land and no other vendor bid may be made by the

auctioneer or any other person.

(c) Immediately before making a vendor bid the auctioneer must announce that the bid is

made on behalf of the seller or announce “vendor bid”.

(2A) The following conditions, in addition to those prescribed by subclauses (1) and (2), are

prescribed as applicable to and in respect of the sale by auction of co-owned residential property or

rural land or the sale of such land by a seller as executor or administrator:

(a) More than one vendor bid may be made to purchase the interest of a co-owner.

(b) A bid by or on behalf of an executor or administrator may be made to purchase in that

capacity.

(c) Before the commencement of the auction, the auctioneer must announce that bids to

purchase the interest of another co-owner or to purchase as executor or administrator may be

made by or on behalf of the seller.

6 | P a g e

(d) Before the commencement of the auction, the auctioneer must announce the bidder

registration number of any co-owner, executor or administrator or any person registered to bid

on behalf of any co-owner, executor or administrator.

PENALTY FOR DUMMY BIDDING

It is an offence against the Property, Stock and Business Agents Act 2002 for a person to do any of

the following:

(a) make a bid as the seller,

(b) make a bid on behalf of the seller (unless the person is the auctioneer),

(c) procure another person to make a bid on behalf of the seller.

Any bid made with the dominant purpose of benefiting the seller constitutes a bid made on behalf of

the seller.

A bid may be found to be a bid made on behalf of the seller even though the seller did not:

(a) request the bid, or

(b) have any knowledge of the bid.

Severe penalties may be imposed on persons convicted of dummy bidding.

RESERVES PRICES

Whilst there are no specified requirements in the Local Government Act 1993 for a Council to set a

reserve price for the purposes of this auction. Inverell Shire Council does have an obligation to act

fairly with respects to the interests of the current ratepayer. Council will endeavor to obtain a proper

price for each property listed.

Council have received independent curbside appraisals for each property and set reserves based on

the appropriate market value.

7 | P a g e

Property Listing Summary

Item number Name Location

1 Estate Late A L Quinnell 42 Chester Street, INVERELL 2360

2 L M Cooper Mitchell Crescent, INVERELL 2360

3 J Kennedy and J R Kennedy 16 Sapphire Street, TINGHA 2369

4 K Y War Diamond Street, TINGHA 2369

5 A J Dunshea Diamond Street, TINGHA 2369

6 A Henderson Diamond Street, TINGHA 2369

7 H C Stortenbeker Diamond Street, TINGHA 2369

8 A T Brissett Diamond Street, TINGHA 2369

9 S Lee and W Sue Diamond Street, TINGHA 2369

8 | P a g e

Item 1: 42 Chester Street, INVERELL 2360

Property details:

Owner/s: Estate Late A L Quinnell

Property Description: Lot 9 DP 660030

Property Area: 885.2 M2

Land Status: House - unoccupied

Rate Category: Residential - Inverell

Council Assessment no: 2867-0

2019 Valuer General Land Value:

$73,500

2020/21 Rates Levy: $2,624.80

Property information:

Access:

Primary access is via Chester Street which is sealed with kerb and guttering. Secondary access from Granville Lane, a sealed minor with no kerb or gutter.

Council water:

One water meter is connected to the property; additional meters or services would be subject to any requirements by Inverell Shire Council (connection fees and contributions may apply). No comment can be made on the internal workings of this service.

Council sewer:

Sewer is connected to the property; and additional sewer connections would be subject to any requirements by Inverell Shire Council (connection fees and contributions may apply). No comment can be made on the internal workings of this service.

Council garbage: A garbage collection service provided to the property.

Electricity:

Electricity connection would be subject to any requirements by Essential Energy.

Land Zoning:

RU1 General Residential. Please contact Council or the auctioneer for a copy of the 10.7 Certificate.

9 | P a g e

Please see another map over the page which includes an indication of the sewer and water

mains.

10 | P a g e

Sewer Water

Indictaion only of the water and sewer mains.

11 | P a g e

12 | P a g e

Item 2: Lot 8 - Mitchell Crescent, INVERELL 2360

Property details:

Owner/s: L M Cooper


Property Area: 128 M2 (Approximately 2.5m wide x 52.5m long)

Land Status: Vacant Land

Rate Category: Residential - Inverell



$3,060

2020/21 Rates Levy: $268.50


Use: The parcel of land is designated for the use of “Access and Drainage”.

13 | P a g e

14 | P a g e

Item 3: 16 Sapphire Street, TINGHA 2369

Property Details:

Owner/s: J Kennedy and J R Kennedy


Property Area: 1031 M2

Land Status: House - unoccupied

Rate Category: Residential Tingha



$2,200

2020/21 Rates Levy: $1,656.78


Access: Access is via Sapphire Street, which is sealed with kerb and guttering.

Council water:

One water meter is connected to the property; additional meters or services would be subject to any requirements by Inverell Shire Council (connection fees and contributions may apply). No comment can be made on the internal workings of this service.

Council sewer:

Tingha has what is called a “pressure sewerage system” where each

property connected to the town sewerage system has an on-site pump

well fitted with a grinder pump that discharges into the Council pressure

sewer main fronting the property. The property owner is responsible for

supplying the electricity to the pump. Council owns the pump, pump well

and electrical control box affixed to the side of the house and boundary

kit. The new owner of the property will be supplied with a home owners

manual for the system which includes the responsibilities of the owner.

Council garbage: A garbage collection service provided to the village of Tingha.

Electricity:

Electricity connection would be subject to any requirements by Essential Energy.

Land Zoning:

RU5 Village. Please contact Council or the auctioneer for a copy of the 10.7 Certificate.

15 | P a g e

16 | P a g e

17 | P a g e

18 | P a g e

Item 4: Lot 2 - Diamond Street, TINGHA 2369

Property details:

Owner/s: K Y War







$180

2020/21 Rates Levy: $983.65


Please note that the property has not been surveyed to determine the property boundaries. It would appear that the property is currently partially fenced within the Tingha common, on sale of the property; please contact the Tingha Common Trust in regards to re-fencing.

Flooding: The land is flood prone land (i.e. below the flood planning level) as per Clause 6.2 of the Guyra Local Environmental Plan 2021. The extent of the flood planning level is shown on the map on the next page.

Access: Access is via Diamond Street, which is sealed.

Services:

The land is vacant and is not serviced. Connection of services ie water, sewer and electricity, would be in accordance with the relevant authority requirements. Costs may apply.

Land Zoning:

Please contact Council or the auctioneer for a copy of the 10.7 Certificate.

Development:

Council has made no assessment of the suitability of the site (i.e.

flooding, access and services) for development. Any application for

development consent will be subject to a merit based assessment and no

guarantee can be provided that a Development Application would be

approved for the development of this site. Please contact Council’s

Development Services for further advice regarding the Development

Application process.

19 | P a g e

Flood planning level map

Photo is an approximate location of the land, as it has not been surveyed.

Photo taken on 08/04/2021

20 | P a g e

Item 5: Lot 5&6 - Diamond Street, TINGHA 2369

Property details:

Owner/s: A J Dunshea

Property Description: Lot 5 Sec 1 DP 704, Lot 6 Sec 1 DP 704






$280

2020/21 Rates Levy: $991.23





Services:


Land Zoning:


Development:








21 | P a g e




22 | P a g e


Property details:

Owner/s: A Henderson







$40

2020/21 Rates Levy: $973.03





Services:


Land Zoning:


Development:








23 | P a g e




24 | P a g e


Property details:

Owner/s: H C Stortenbeker







$95

2020/21 Rates Levy: $977.20





Services:


Land Zoning:


Development:








25 | P a g e




26 | P a g e


Property details:

Owner/s: A T Brissett







$430

2020/21 Rates Levy: $ 1,002.60





Services:


Land Zoning:


Development:








27 | P a g e




28 | P a g e


Property details:

Owner/s: S Lee and W Sue

Property Description: Lot 3 Sec 1 DP 704






$60

2020/21 Rates Levy: $ 634.55





Services:


Land Zoning:


Development:








29 | P a g e




Documents

SALE OF LAND for UNPAID RATES Information Booklet