Leases, licenses & other estates
All applications for the Minister for Local Government’s consent to grant a lease, licence or other estate over community land required by Local Government Act 1993 (Act) are to be sent to the Office of Local Government. The following information must be included to enable the timely processing and assessment of the application.
- A copy of the council’s minutes showing the resolution made by the council to make the application to the Minister. The corresponding business papers must also be provided. View a template for the resolution here: Model Resolution.
- A copy of the proposed lease, licence or other estate agreement. Please note, some holdover clauses have the potential to extend the term of the lease beyond the term permitted under the Act and should be avoided or, at the very least, limited.
- A copy of the adopted plan of management that applies to the land. Please ensure that the express authorisation to grant the lease, licence or other estate is highlighted.
- Identification in the cover letter of the relevant section and subsection of the Act that allows the lease, licence or other estate to be granted (e.g. section 46(1)(b)(i) of the Act).
- A statement setting out all the facts concerning the proposal to grant the lease, licence or other estate.
- A statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.
- Where the proposed term exceeds 21 years (as defined by Act), a statement setting out the special circumstances that justify the extended period.
- Where objections have been received, details of all the objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision. A copy of the council’s minutes and corresponding business papers relating to these decisions must also be provided.
- Details of the public notice given, that includes the information listed in section 47(2) of the Act, as follows:
- A copy of the notice published on the council’s website and confirmation of the dates of publication.
- A copy and photo of the public notice exhibited on the land and confirmation of the date the notice was erected on the land.
- A copy of the notice sent to the owners or occupiers of the adjoining land, confirmation of the date the notice was given, and a map identifying the adjoining land owners/occupiers who were given a notice.
- A copy of the notice sent to any other person appearing to the council to be the owner or occupier of land in the vicinity of the land (if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of the land), confirmation of the date the notice was given, and a list of those persons who were given a notice.
- Evidence of the council’s compliance with the tendering provisions of the Act and/or the plan of management. See section 46A of the Act and the Local Government (General) Regulation 2021 for more details. Note, if the council proposes to grant the lease, licence or other estate to a non-profit organisation, council must provide documentation that evidences the non-profit status.
Application assessment process
Below is an indicative timeline of the application assessment process:
The Office of Local Government (OLG) reviews the application to ensure that it contains all the required information. Council will be informed if additional information is required. An assessment of the application will commence once all required information is provided.
A copy of the application is sent to the Director of Planning for a report in accordance with section 47(7) of the Act. Council will be provided an opportunity to respond to any issues raised in the Director of Planning’s report.
OLG commences its assessment of the application. Council will be informed if additional information is to be provided.
OLG prepares a report for the Minister for Local Government.
The Minister for Local Government, after considering the application and any report of the Director of Planning, determines whether to grant consent for the council to grant the proposed lease, licence or other estate. Council will be notified accordingly.