Planning (General) Regulation 2023
67Tender process—content of tenders—Act, s 295 (1) (d)
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67 Tender process—content of tenders—Act, s 295 (1) (d) (1) If the territory planning authority invites a community organisation to tender for the grant of a community lease, the community organisation’s tender must include— (a) the information included in the organisation’s expression of interest under section 66; and (b) a statement addressing the additional criteria mentioned in subsection (2); and
(c) if more than 1 potential use is identified for the land in a statement under the Act, section 294 (Statement of future community land for stated districts)—a proposal to use the land described in the proposed lease for another potential use (an additional use), in addition to the use stated in the proposed lease; and (d) a statement addressing the threshold criteria in relation to the additional use; and (e) any additional information requested by the authority. (2) The following additional criteria are prescribed: (a) the community organisation demonstrates that it needs the land described in the proposed lease and the need is consistent with its constitution or rules, taking into account the following: (i) whether the community organisation or a related body corporate holds another lease; (ii) if the organisation or related body corporate holds another lease—whether the land described in the other lease is used to its capacity or is otherwise unsuitable for the use that the proposed lease could or does authorise; (iii) whether the organisation or related body corporate has, in the 10 years before the date of the tender, dealt with a lease; (b) the community organisation’s proposed development and use of the land described in the proposed lease would not result in a significant underuse of the land; a community organisation is not likely to satisfy the criterion in par (b) if the plans for developing facilities and infrastructure on the land described in the lease show that a significant part of the land will not be used
(c) if the lease includes a building and development provision—the community organisation’s proposed development of the land described in the proposed lease will promote the shared use of facilities on the land by other community organisations and the broader community; (d) the community organisation, and any proposed sublessee, will use the land described in the proposed lease in a way that is consistent with the additional use of the land proposed by the organisation; (e) any other criteria the territory planning authority considers appropriate to assess the suitability of tenders for the proposed related body corporate, of a community organisation, means a related body corporate under the Corporations Act.