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 its 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.
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.
Have you got a burning question that you’d like to ask our Local Government lawyers? You can submit your questions anonymously in advance.
Submit your questions here.