Crown Land Sales Process

The process below must be followed when selling crown land.

  1. Government agencies declare property surplus to operational requirements and authorised officers refer property to Land and Property Group for sale.
  2. Request the Department of Environment, Land, Water and Planning to assess if there are any Public Land or Native Title issues requiring the Crown Land to be retained in government ownership.
  3. If there are no Public Land and Native Title issues determine initial disposal strategy i.e. public or private treaty sale.
  4. Seek Assistant Treasurer’s ‘Approval in Principle’ to sale and authorise the administration of the sale to the Director, Land and Property.
  5. Consult with Commonwealth, State and local government agencies to ascertain any interest in the Crown Land through the First Right of Refusal process.
  6. Prepare property for sale - Obtain professional advice such as environmental, engineering, legal, survey, valuation, reserve revocation, rezoning etc.
  7. Seek endorsement from the Victorian Government Land Monitor if the sale value exceeds $1,000,000.
  8. Sale Method – Land Act 1958 Major Provisions (the type of sale will determine which section of the Act below applies)
  • Section 89 - Public sale by Auction or Tender on terms and conditions that the Minister thinks fit.
  • Section 99 - Sale by private treaty to a public authority for a public purpose on terms and conditions that the Minister thinks fit. (With consent of Governor in Council).
  • Section 99A - Sale by private treaty on terms and conditions that the Minister thinks fit and at a price not less than Valuer General’s valuation. (With consent of Governor in Council).
  • Section 209(2) - Sale by private treaty to adjoining owner where land does not exceed 13 hectares and in the Minister’s opinion the most proper and efficient use of the Crown land is in conjunction with the adjoining land.
  1. Property Sold - Contract of Sale executed.
  2. Property Settled - Sale proceeds remitted to the Consolidated Fund.
  3. Crown Grant - Assistant Treasurer makes recommendation to the Governor in Council for the issue of a Crown Grant (freehold title) on settlement of the property. Crown Grant signed and sealed by Governor in Council.
  4. Crown Grant Registered - Crown Grant registered at the Land Titles Office and delivered to the purchaser.
  5. Transaction recorded on the government’s Contracts Publishing System if the sale value exceeds $100,000.