Community leasing

In assessing applications for Community leases on Council owned/controlled land and facilities, the following will be considered:

• applicants must be a not-for-profit community-based organisation incorporated under the Associations Incorporations Act, or equivalent, and/or the applicant has appropriate status acceptable to Council;
• that a demonstrated need is established that is not currently able to be met via an existing facility or land use in the community. Proposals must be consistent with Council priorities and directions for facility development (e.g. the extent to which the proposal is compatible with any applicable adopted strategies, plans, masterplans, policy, planning scheme and any other relevant approved planning documentation of Council);
• applicants must be able to demonstrate a broad community benefit for the term of the lease and priority will be granted to groups that:
  • demonstrate and encourage broad community participation and develop opportunities for both senior and junior participation, promote gender balance and/or disability access;
  • demonstrate a commitment to shared use of the facilities either by way of a formal agreement endorsed by Council (Sublease) or through encouraging broad community use e.g. casual hire of facilities to the community or use of the land/facilities for events/community activities where appropriate;
  • demonstrate an ability to meet the financial, insurance and maintenance obligations of the lease, by providing evidence of such ability e.g., copies of recent audited financial statements and a business plan where appropriate,

• applicants agree to meet all costs associated with the preparation of a lease, including survey costs, legal costs and lease registration costs
• the suitability and appropriateness of the Permitted Use, land use, and zoning to accommodate the proposed activity, which may require Town Planning approval and State Government approval if over Reserve land

• where a site has heritage, environmental or cultural value, the group must be able to demonstrate that they have the ability to restore and maintain the facility according to standards and regulations. In these instances, Expressions of Interest or Tenders may be called by Council to best fit the site to any one or several groups.

In any instance, all applications will be considered in accordance with the Local Government Act.

To accommodate the wide variety of community organisations and their needs for community land and facilities, a range of tenure options have been developed by Council.

Lease

A lease is an exclusive right to use land and facilities for agreed purposes (permitted use) and term and enables the Lessee to make improvements and/or develop infrastructure and assets within the Leased area and to have sub-tenants and/or casual user groups.

Council offers standard term leases to not for profit, incorporated association (or equivalent) for a maximum of 10 years which is registered on Title with the Department of Natural Resources. As a Lessee, the community organisation will be responsible for rates and utility costs, all repairs and maintenance including costs associated theft and vandalism, and other fees and charges in accordance with the lease.

All costs associated with the lease preparation, registration on title and survey plans are the responsibility of the Lessee.

Sub-lease

If an organisation has a lease agreement with Council, they can apply to share occupancy (provide exclusive use) of part of the leased premises with other suitable community organisations and user groups, through the establishment of a sub-lease agreement which is registered on Title with the Department of Natural Resources.

Your organisation must seek Council's written consent before entering into any agreements to sub lease.

Council encourages multi-use and sharing of land or facilities via a sub-lease where it is appropriate to do so. Council takes into consideration the following criteria when accessing proposed sublease:

• the proposed sub-lessee meets the eligibility criteria for a lease over community land or facilities;
• the proposed use of the land/facility by the sub-lessee is an acceptable and compatible extension of the current use of the land or facility
• the proposed term, hours and permitted use are consistent with and agreed to by the head lessee.

To seek Council's consent to enter into a sub lease, your organisation will need to provide a letter (on your official letterhead) requesting approval of the proposed sub lease and must provide the following details:

• a recent copy of the formal committee meeting minutes from each group at which, agreement was reached to apply to Council for the proposed sub-lease
• a copy of the proposed sub lessee’s certificate of incorporation, and constitution,
• a copy of the proposed sub lessee’s Certificate of Public Liability Insurance ($20M)
• a plan of the proposed sub lease area, noting a lease sketch plan may need to be prepared by a registered surveyor and details on any “common areas” to be included in the sub-lease,
• proposed conditions term of the sub lease (noting this cannot exceed the head lease expiry date)
• purpose of the sub lease and activities to be conducted at the premises by the sub-lessee. (i.e., details on what the Sub-lessee can use the sub-lease area for, noting this must align with the sub-lessee’s objectives in its constitution)
• confirmation that the existing head lessee (or sub-lessee) will meet all costs (noting this is a matter between the groups/organisations to determine), including legal costs for the preparation of the sub-lease, deed of consent to sub-lease (these need to be prepared by a Solicitor), sub-lease surveying costs (survey/sketch plan if required), Council's legal costs, and registration on Title costs. Please note that if the Sub-lease is to be a short-term arrangement e.g. 1-2 years (including option periods), registration and the survey/sketch plan may not be required
• proposed fees for use and how the additional income would be applied to the facility.

Depending on the proposed sub use you may also be required to apply for development approval.

If approved, Council will prepare the sub lease for execution by both parties and may impose conditions as part of its consent including the parties entering a Deed of Consent.

If you are looking to hire out the facility for a one-off function or event, and the use is not a large event requiring an event permit and it complies with all existing lease terms and conditions (such as times of use), you do not need Council approval.

Your committee and/or anyone responsible for managing and maintaining your premises should:

• be aware your organisation has a lease arrangement with Council;
• have a good understanding of the terms and conditions of your agreement;
• ensure that all activities remain within the bounds of your leased area;
• understand that Council will only engage with and discuss the particulars of your Lease with official office bearers, and all requests for information must be made in writing on official letter head, or via the organisations email address;
• your lease agreement should be used to develop your organisation's policies and procedures and should be the basis of any considered sub lease/user group arrangements.

The terms and conditions of your lease outline:

• permitted use of the leased area;
• outgoings fees and charges payable by the group as the Lessee (e.g. rates, service charges);
• insurance coverage that the organisation will require;
• routine and general maintenance obligations;
• other landlord and tenant rights and obligations;
• the survey plan of your lease boundary.

You should notify Council when:

• there are changes to your management committee and/or contact information;
• prior to undertaking any improvements or development works to your leased premises including any building works, fencing and signage – regardless of who owns these improvements, earthworks, and/or damage or removal of any tree or shrub;
• unexpected changes occur to the condition of your premises occurs (e.g., signs of structural damage, significant storm damage etc);
• your organisation is experiencing difficulty meeting the terms and conditions of the lease;
• the financial position of your organisation is declining and/or you believe the sustainability of your organisation is under threat;
• you are considering entering a sub lease with another user group;
• you are unsure about any of your leasing obligations and/or conditions.

As well as Council's approval as your landlord (which you must obtain first), you may also need to obtain other Council licences and permits for your operations from other departments, such as food and event permits, or development assessment or building approval for development and infrastructure changes to your leased premises.

With regard to development and infrastructure changes to leased premises, you will need to go through the same approval process as if you were making the changes on private land and planning application and development assessment fees may apply. Enquiries relating to development approvals should be directed to Development.EnquiriesCRM@frasercoast.qld.gov.au

Hire of Facilities - Non-Exclusive Use

As opposed to a formal sub-lease agreement, as Lessee, you may prefer to hire out the land/facility on a casual basis, noting that the hired activities must be consistent with the intended use of the leased premised outlined in the Lease, and no-one individually makes any money as a result of the hire.

Events

If you are looking to hire out the land/facility for a large functions or an event (e.g. Christmas carols event, sporting carnival etc), you will need to contact the Council’s Events team events@frasercoast.qld.gov.au to obtain the relevant event approval.

Fees and charges

Fees and charges apply to Council community facilities lease and vary depending on the type of tenure your organisation has, although, rates and charges are applicable on most community group leases. Eligible community groups/organisation can apply for concessions under the Community Groups Concession Policy. Contact enquiry@frasercoast.qld.gov.au for an application form.

Failure to pay invoiced charges and other relevant expenses is a major breach of the lease and if not resolved may result in Council terminating the agreement.

Insurances, indemnity, and exclusion of liability

All community facilities lease holders must have adequate public liability insurance and other coverage as appropriate for their operations such as building and professional indemnity insurance.

It is the Lessee’s responsibly to provide Council with a copy of their Current Certificate of Currency annually on renewal.

Additional permits and licences

You may also need other Council and/or Queensland Government licences and permits for your operations such as liquor, gaming, food, and event permits. It is the lessee responsibility to ensure they obtain all necessary licences and permits required for their operations.

General and Statutory Maintenance Obligations

Under Council's standard lease terms and conditions, Lessees are responsible for the continuous upkeep and improvement of the community land and facilities during the term of the lease. Lessee’s must keep their leased/licensed premises in a clean and tidy, well-maintained state at all times. This includes complying with all laws including undertaking statutory maintenance required to meet the legal requirements under any act, regulation, or other statutory instrument which concerns the premises.

Statutory maintenance applies to aspects such as:

• asbestos management;
• routine maintenance and filter cleaning of kitchen exhaust ventilation;
• electrical safety - residual current device testing (RCD, also known as a 'safety switch') and appliance test and tagging.
• fire safety – routine inspection of fire extinguishers, fire blankets, hose reel, smoke detectors etc;
• grease trap/trade waste
• lifts (including external disability lifts)
• pest control (including annual termite inspections)
• reduced pressure zone devices (backflow devices)
• sewer holding tanks/septic tanks
• water tanks

As the Lessee, your group/organisation has a legal obligation to ensure the safety of any person in any building in the event of a fire or hazardous material emergency. All buildings must comply with the Fire and Emergency Services Act 1990 and the Building Fire Safety Regulation 2008.

The group/organisation will be responsible for costs of all general repairs and maintenance including costs associated theft and vandalism, and other fees and charges in accordance with the lease.

Heritage Listed

If you are a Lessee of a community facility that is listed on Council's local cultural heritage register or the Queensland State Heritage Register, there are certain restrictions that will apply to any works you undertake to the premises, including maintenance. There may also be specific design requirements you need to consider and Council’s Development Enquiries Officers can provide guidance in this regard.

Updating your Office Bearers Details

If your authorised Office Bearers change, you are obligated to advise Council in writing as soon as possible.

You can provide these details via email to commercial.leasing@frasercoast.qld.gov.au from your organisations email account, or via post on your organisation’s/club’s letterhead.

Please ensure the following details for each member is included:

• Full Name
• Committee Position,
• Contact phone number
• Email address
• and new postal address (if relevant)

Lessee’s must keep their leased premises in a clean and tidy, well-maintained state at all times. This includes complying with all laws including undertaking statutory routine maintenance and servicing required to meet the legal requirements under any act, regulation, or other statutory instrument which concerns the premises.

However, your organisation must seek Council written consent, as the landlord, if they want to make any changes, including upgrade and development works or removal of trees or vegetation of any kind.

Prior to undertaking any building/improvement works that are not considered general maintenance, over the leased area, the Lessee must seek Council’s written consent as Landlord, by completing and returning a Request for Landlord Consent form.(PDF, 195KB)

As part of the approval process, you may also need to obtain other Council Licences or Permits, development or building approvals, etc. and relevant fees may apply.

Some examples of when Council consent, as landlord is required for work on the leased premises are:

• installation of security alarm systems and or closed-circuit television (CCTV)
• signage requiring a licence, or the installation of sign infrastructure
• fencing
• earthworks (moving soil, filling/earthworks, drainage works)
• new building work or extensions/refurbishments to existing building/s (including re-painting)
• new lighting or replacement of existing lighting, including sports field/court lighting (does not include replacing of blown bulbs)
• new or refurbishment of sports fields/courts
• new or refurbished equipment
• sports field irrigation/bores or installation of water tanks
• tree or vegetation works

Work is not permitted to commence until Council provides written consent as landlord, and in certain cases, any other required approvals from Council as local authority are obtained.

Works (other than general repairs and maintenance) undertaken on Council leased premises, without prior written consent from Council, as landlord, is a major breach of your lease agreement. If your organisation or any sub- lessees undertake works without Council consent, as landlord, the works will be investigated and you may be required to stop work, comply with Council conditions, and served a notice to remedy the breach within a reasonable timeframe. You may also incur a fine if you have breached other Council local laws (e.g., removing trees and vegetation without approval).

Approval requirements as a sub-Lessee

If your organisation is not the head Lessee of the leased premises (your organisation has a sub lease with the organisation that Leases the premises from Council), approval for works must first be obtained from the head Lessee before applying to Council as the Landlord to undertake the works on the premises. As part of the application, your organisation will need to attach a letter of support from the head lessee, on their official letterhead, advising Council that the application is supported. The letter of support should include details of the project and proposed scope of works.

Works (other than general repairs and maintenance) undertaken on Council leased premises, without prior written consent from Council, as landlord, is a major breach of your lease agreement. Works undertaken without Council consent, as landlord, will be investigated and your organisation may be required to stop work, comply with Council conditions, and served a notice to remedy the breach within a reasonable timeframe.

You may also incur a fine if you have breached other Council local laws (e.g., removing trees and vegetation without approval).

Road widening/cycleways/drainage surrender

At times Council may require a Lessee to surrender its lease, or part thereof, for road widening cycleways or drainage purposes. In this circumstance it is expected the Lessee will do everything necessary to cooperate with Council as required.

The delivery of these works including the execution and registration on Title of the new lease/over the revised leased area will be at Council cost.