Lease and Licence Policy

POLICY TITLE	LEASE AND LICENCE POLICY
POLICY NUMBER	PRO/CORP257
DATE ADOPTED	February 2023
CURRENT AS AT	February 2023
TO BE REVIEWED	February 2024
RESPONSIBLE OFFICER	Procurement and Properties Coordinator
DOWNLOAD	Lease and Licence Policy (pdf 176kb)

Purpose

The purpose of this Policy is to ensure an equitable and consistent approach to leases and licenses which encourages high utilisation rates, diversity of use and supports organisations occupying Council facilities to be sustainable.

Scope

This Policy applies to the leasing or licensing of Council owned or managed land and
facilities.

Policy

Council may lease or license Council owned or managed land to meet Council’s strategic plans based on community priorities.

Council will ensure the terms and conditions of lease and licence agreements are equitable, consistent, support good governance, accountability and optimise the use of Council facilities.

Principles

The following principles guide the provision and management of Council owned facilities:

Community benefit & social inclusion:

• Ensure Council-owned facilities are used to meet demonstrated community needs consistent with the Community Vision and Council Plan and Strategic Asset Management Plan;
• Optimise use of Council’s community facilities and provides equitable and inclusive access by the community;
• Support and encourage diversity of programs and activities offered from Council facilities;
• Assist not-for-profit and volunteer-based organisations that offer activities and services in the Municipality;
• Encourage active and healthy lifestyles for people of all ages, abilities and interests

Good governance & accountability:

• Ensure a transparent and equitable process of granting new leases or licences and renewals by having clear assessment criteria;
• Ensure tenants pay fair and reasonable rentals based on established eligibility criteria and calculation methodologies;
• Facilitate a shared approach between Council and tenant as to the cost of management and maintenance of Council-owned facilities;
• Ensure tenants are accountable for meeting operational responsibilities for venue management and meeting agreed targets;
• Ensure sound financial management and effective administration of community facility leasing and licensing;
• Ensure that Council-owned facilities are appropriately maintained as Council assets

Environmental sustainability:

• Ensure Council facilities maximise the use of solar, energy and water efficiency initiatives to reduce the environmental impact
• Encourage and support tenants to implement environmental initiatives

Related Policies / Procedures / Documents

• Community Vision and Council Plan 2021 – 2025
• Strategic Asset Management Plan 2021 – 2025
• PRO/CORP257 Lease and Licence Guidelines
• CPOL/INFRA516 Asset Management Policy
• CPOL/GOV025 Community Engagement Policy
• CPOL/CORP216 Risk Management Policy
• PRO/CORP251 Risk Management Framework

Related Legislation

• Local Government Act 2020
• Retail Leases Act 2003
• Retail Leases Regulations 2003
• Crown Land (Reserves) Act 1978
• Residential Tenancies Act 1997
• Community Local Laws
• Occupational Health and Safety Act 2004
• Planning and Environment Act 1987
• Telecommunications Act 1997
• Health Act 1958

Signed: Les McPhee (Mayor)
Date: 27/2/23