2015-03-03 Planning & Organisation Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                     3 MARCH 2015


                                                                                 Attachment 1

                                                                              Council Policy
                                                             COMMUNITY
                                                       PURPOSE LAND AND
                                                  INFRASTRUCTURE TENURE
                                                                  POLICY

 Corporate Plan Reference:                     3. Community engagement and communication
                                               4. Focus on community assets

 Endorsed by Council:                          <Insert Date of Ordinary Meeting >

 Policy Author:                                Clint Irwin


POLICY BACKGROUND

The purpose of the Community Purpose Land and Infrastructure Tenure Policy is to provide
a consistent framework to ensure that community purpose land and infrastructure within the
shire is used equitably, multi-use is facilitated wherever possible and community purpose
land and infrastructure is used to its best potential to maximise community benefit by
providing opportunities and venues for people to participate in sports, recreation, cultural and
community activities.

COUNCIL POLICY

This Policy applies to Council owned and controlled community purpose land and
infrastructure and includes:

(a)   Reserve land (collectively referred to as trust land) that is owned by the State of
      Queensland under the control of Council as Trustee, such as community purpose,
      open space (park), sporting and recreation reserves; and
(b)   Council freehold land.

The holding of the land determines the legal framework that applies. Specifically:

(a)   The Land Act 1994 and the Land Regulation 2009 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).

(b)   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.

(c)   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.



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