2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     3 MARCH 2015


years with an annual rental charge of one unit. Leases were not permitted to be entered into
unless there were exceptional circumstances or there was a right of renewal.
The Interim Tenure Policy did not fully address the responsibilities of Council and community
organisations and was implemented to prevent SCRC entering into longer term tenure
arrangements with community organisations pre-empting and contradicting a future policy
position adopted by SCRC.
Consequently, in the intervening years a number of leases expired and effectively ‘held over’
until a new policy position was adopted by SCRC.
Legislative Context
Community organisations require access to community land to conduct activities that
enhance the physical activity, social interaction and cultural development of the community.
Council recognises and is committed to meeting the needs of community organisations to
have access to Council owned or controlled land through appropriate and consistent tenure
arrangements.
Council is governed by legislation to administer community tenure on Council owned and
controlled land which includes:
   The Land Act 1994 and the Land Regulation 2009 which are the legislative head of
     power regarding the administration of community tenure on land owned by the State of
     Queensland under the control of Council as Trustee (trust land).
   The Local Government Act 2009 and Local Government Regulation 2012 outline the
     conditions and process to be followed for Council to dispose of a valuable non-current
     asset (by lease) to a community organisation. This legislation applies to both trust land
     and Council freehold land.
Council freehold land is not subject to the provisions of the Land Act 1994 or the Land
Regulation 2009, however it is governed by the principles of this policy to ensure
consistency with the administration of trust land wherever possible.
Noosa Council currently administers 80 tenure arrangements across the Noosa Shire area.
These tenure arrangements are a mixture of management agreements, permits to occupy,
leases and licences. Nineteen of these tenure arrangements have expired and are
effectively ‘holding over’ and a further ten will expire in 2015.
Policy
The main provisions of the proposed Community Land and Infrastructure Tenure Policy (the
Policy) are:
   Tenure eligibility – an application for tenure is eligible for consideration when:
     a)    The proposed use is for sporting, recreational or community services purposes;
     b)    The applicant is a not-for-profit community based organisation incorporated
           under the Associations Incorporation Act and /or the applicant has appropriate
           status under other applicable legislation acceptable to Council; and
     c)    The applicant can demonstrate the ability to meet all financial and operational
           obligations pursuant to the tenure arrangement.
   Tenure Periods
     Community tenure arrangements will range from one year to a maximum of ten years
     and are dependent on the type of land holding (Council freehold land or trust land).
     a)    Freehold land
           -     a permit of up to three years; or



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