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Australia: LGP Forum: The use and occupation of Council land – A legal masterclass
The Local Government sector is the owner and custodian of more
land and enters into a greater number of occupancy arrangements
than anyone else in SA.
In this forum we focus on the key issues Councils need to
consider when granting occupancy rights to users of land in their
care and control or ownership. Occupancy rights include leases
(sporting/community and commercial), licences, short term hire
agreements, management agreements, easements, rights of way, s221
authorisations and s222 permits over roads.
Occupancy arrangements can be difficult to negotiate because
occupants are often legally unrepresented or volunteers with
limited resources. The arrangements are complex because they
attempt to benefit not just the occupant, but also the community as
a whole.
Councils are under greater scrutiny to ensure compliance with
the myriad of legal issues that surround any occupancy arrangement.
With limited resources Councils are increasingly trying to do more
with less.
Maintenance, outgoings and utility costs continue to rise while
the capacity of occupants to contribute is diminishing.
Community expectations also continue to rise and decisions to
pass on maintenance and other costs to clubs and community groups
is a complex proposition. Many Councils are developing alternative
property management models and policies.
In our first LGP forum for 2019, we will provide a summary of
the relevant legislation pertaining to the granting of occupancy
rights. We will discuss the difference between a lease and licence,
review the different occupancy models available and when to use
them.
We will provide an overview in relation to maintenance and
repair obligations and responsibilities, outgoings, assignments,
variations, renewals, holding over, breaches and other
matters. We will also outline the due diligence
investigations that should always be undertaken before granting a
right to occupy land.
We will briefly examine tricks and traps in relation to
telecommunications leases and provide a brief summary of the key
points Local Government professionals need to know about the
Retail and Commercial Leases Act 1995.
The forum will cover the significant implications of recent
amendments to the Crown Land Management Act 2009, as well
as valuable information relating to community land and its impact
on a Council's ability to grant occupancy
arrangements.
As always, we will finish the forum with a general Q&A
session and invite you to provide questions in advance by clicking
this
link.
Details
Thursday 21 February 2019
Registration from 8.45am, Seminar from 9.00am - 11.00am
Terrace Room, Adelaide Pavilion, Corner South Terrace and
Peacock Road (map here)
This is a complimentary event but registration is required as
spots are limited.
To register your attendance, please email Janelle
Borlace by Friday 15 February 2019, by clicking
here.
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