On Monday, February 19, having met its legislative requirements as set out at Section 114 of the Local Government Act 2020 for the proposed sale of land, the council resolved to sell the land referred to as Lot 2, being part of the land in certificate of title volume 11077 folio 379 Roche Drive, Barnawartha North to Vic Cans Australia Pty Ltd in accordance with the terms and conditions, as described in the public notice of January 17, 2024.

Public Notice of the council’s intention to sell the land was given on January 17, 2024 with a closing time and date of 5pm Tuesday, February 13, 2024. No submissions were received.

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The key terms of the Heads of Agreement shall generally be as follows.

1. 1. Price - The purchase price will be $1,537,900 exclusive of GST based on a land area of 2.366Ha.
2. Deposit - A 5% deposit of $76,895 exclusive of GST will be payable on the day of sale.
3. Settlement - Settlement shall be within 24 months after the day of sale;
4. Approvals 4.1 Vic Cans Australia Pty Ltd or the Purchaser will be responsible for obtaining planning approval required for the use and development of the site for a manufacturing and storage facility;
5. Section 173 Agreement
   1. As a condition of the contract of sale, the Council will require the Purchaser to enter into a section 173 agreement immediately before settlement, to be registered on the title to the Property, requiring the Purchaser to, at a high level:
      1. develop the Property for a manufacturing and storage facility;
   2. If the Purchaser does not comply with the conditions set out in the section 173 agreement, council may require a re-transfer of the Property at the lesser of:
      1. market value at the time of the re-transfer; and
      2. 90% of the price paid by the Purchaser.
6. Other Conditions
   1. Works - Council will confirm the nature and extent of any works associated with the plan of subdivision and the associated cost of such works as soon as such information is known.
   2. Other - The contract will contain such other conditions appropriate for the sale of the Property or which are reasonably required by the Council.