Occupation And Use Of Crown Land By Lifesaving Clubs In Victoria - LSV

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Occupation and use ofCrown land by lifesavingclubs in VictoriaPolicy Statement 2019

AcknowledgmentWe acknowledge and respect Victorian Traditional Owners as theoriginal custodians of Victoria's land and waters, their unique ability tocare for Country and deep spiritual connection to it. We honour Elderspast and present whose knowledge and wisdom has ensured thecontinuation of culture and traditional practices.We are committed to genuinely partner, and meaningfully engage, withVictoria's Traditional Owners and Aboriginal communities to support theprotection of Country, the maintenance of spiritual and cultural practices andtheir broader aspirations in the 21st century and beyond. The State of Victoria Department of Environment, Land, Water and Planning 2019This work is licensed under a Creative Commons Attribution 4.0 International licence. You are free to re-use the workunder that licence, on the condition that you credit the State of Victoria as author. The licence does not apply to anyimages, photographs or branding, including the Victorian Coat of Arms, the Victorian Government logo and theDepartment of Environment, Land, Water and Planning (DELWP) logo. To view a copy of this licence, BN XXX-X-XXXXX-XXX-X (pdf)DisclaimerThis publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is withoutflaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or otherconsequence which may arise from you relying on any information in this publication.AccessibilityIf you would like to receive this publication in an alternative format, please telephone theDELWP Customer Service Centre on 136186, email customer.service@delwp.vic.gov.au(or insert relevant address), or via the National Relay Service on 133 677www.relayservice.com.au. This document is also available on the internet atwww.delwp.vic.gov.au.

Executive SummaryThe Leasing Policy for Victorian Crown Land 2018 is the overarching policy for leasing Crown land and itapplies to all leases granted to lifesaving clubs, subject to relevant legislation and planning provisions. Thispolicy statement provides more specific guidance to lifesaving clubs and land managers on leasing andlicensing Crown land for lifesaving purposes. It outlines a consistent approach to authorising lifesaving clubs’use and occupation of Crown land and clarifies how elements of Victoria’s Crown land leasing frameworkapplies to lifesaving clubs. There are 17 specific policy directions, as summarised below.Policy directionsPage1. Occupation and use of Crown land by a lifesaving club or Life SavingVictoria must be authorised by an appropriate agreement.62. New leases will be granted under the Crown Land (Reserves) Act 1978or, if relevant, the National Parks Act 197563. The dual emergency and community service functions of lifesavingclubs make them unique.94. The purpose of a lease must reflect the core functions of providinglifesaving and emergency services to the community.105. Proposals for all ancillary uses of leased lifesaving club facilities mustbe negotiated with the land manager.116. Occupation of coastal Crown land must meet the criteria for use anddevelopment set out in the Victorian Coastal Strategy.167. Lifesaving club facilities must be used to support and enable delivery ofa lifesaving clubs’ core functions and services.168. Lifesaving club facilities should support shared community uses.169. Lifesaving clubs will be permitted by their lease to undertakefundraising appeals and/or community and charitable gaming activities.1810. Surplus revenue generated by lifesaving clubs undertaking club-runcommercial activities must be used by clubs for the purposes andobjectives of the leased premises.1911. The principles of competitive neutrality apply.2012. Third-party commercial uses of a lifesaving club’s leased premisesmust be authorised by an appropriate sub-licence or sub-leasebetween the third party and the lifesaving club.13. Revenue derived from any use of their leased premises must be usedin accordance with club objectives or to support facility maintenanceand development.2122Occupation and Use of Crown land by lifesaving clubs in VictoriaPolicy Statement 2019

14. Commercial parties undertaking a commercial use of lifesaving clubs’leased premises will pay full market rent and must be selected using agenuine, open and competitive process.15. Rent paid to land managers will reflect the community benefits thatlifesaving clubs provide in delivering their lifesaving, emergency andcommunity services.2416. Lifesaving clubs that do not have an exclusive third-party commercialuse within their leased premises will be eligible for community-use rent.2417. Lifesaving clubs that have an appropriately authorised, exclusive thirdparty commercial use within their leased premises will be eligible for adiscounted rent.22224

Terms and definitionsCLR Act refers to the Crown Land (Reserves) Act 1978Club-run commercial activities are activities conducted by lifesaving clubs to generate revenue, but whichare not considered to be fundraising appeals in line with the definition and requirements of the FundraisingAct 1988. Club-run commercial activities are those ultimately organised or run by the lifesaving club and aredifferent to Third-party commercial uses (defined below). Lifesaving clubs must not pay any profits,dividends, or amounts generated from Club-run commercial activities (or any activities for this matter) to theirmembers for private gain.Committee of Management or a CoM refers to a committee which has been appointed by the responsibleMinister under the CLR Act as delegated land manager for a Crown land reserve. CoMs can include localcouncils, boards, trusts and Parks Victoria (PV).Community and charitable gaming refers to activities conducted by lifesaving clubs registered ascommunity and charitable organisations with the Victorian Commission for Gambling and Liquor Regulationas part of their fundraising activities in accordance with the Gambling Regulation Act 2003. These activitiesare regulated by the Victorian Commission for Gambling and Liquor Regulation.DELWP refers to the Department of Environment, Land, Water and PlanningFundraising activities refer generally to the activities undertaken by lifesaving clubs to raise revenue toassist in delivering their core functions, supporting maintenance of their facilities, and otherwise furtheringtheir objectives. This is a general term that includes activities undertaken as Fundraising appeals (definedbelow), Community and charitable gaming (defined above), and Club-run commercial activities (definedabove) to raise revenue to re-invest back into the club.Fundraising appeals are defined in the Fundraising Act 1988 and refer to certain activities conducted bylifesaving clubs that raise funds to directly further their objectives, deliver services, support their operationsand maintain facilities required to deliver their services. Fundraising activities must meet certainrequirements to be considered a fundraising appeal under the Fundraising Act 1988. These activities areregulated by Consumer Affairs Victoria.Land manager refers to a manager of Crown land, being either a trustee, board, CoM, DELWP, or PV in itscapacity as either a reserve’s CoM or the land manager of national parks. Managing a lease for lifesavingclub facilities represents only one element of a land managers’ broader park or reserve managementresponsibilities.Leasing Policy for Victorian Crown Land 2018 is the overarching leasing policy for leasing Crown landand its principles apply to all leases granted to lifesaving clubs.Lifesaving club refers to not-for-profit clubs, which are affiliated members of, and overseen by, Life SavingVictoria with the primary function of providing lifesaving and related services to the community, inaccordance with the club’s objectives.Lifesaving club’s leased area refers to the area controlled by a lifesaving club under its lease and is alsoreferred to as the “leased premises.”Life Saving Victoria or LSV refers to the peak body providing strategic oversight to lifesaving and lifesavingclubs in Victoria with ACN 102 927 364 and is the Victorian Centre of Surf Life Saving Australia (SLSA).Minister in this policy refers to the Minister administering the CLR Act, NP Act, and the Land (Surf LifeSaving Association) Act 1967 (LSLS Act).NP Act means the National Parks Act 1975Surf Life Saving Victoria or SLSV refers to the body with ACN 004 704 652 which is the former VictorianState Centre of SLSA.Tenure is an agreement on the conditions under which land or buildings are held or occupied.Occupation and Use of Crown land by lifesaving clubs in VictoriaPolicy Statement 2019

Third-party commercial uses of lifesaving club facilities on Crown land are those that are conducted by athird party with the intention of generating revenue from the activity within a clubs’ leased area, with therevenue retained by that third party for the purposes of profit. Third-party commercial uses can be either:Third-party commercial uses can be either: a third-party commercial activity, being a non-exclusive use of the lifesaving club’s leased area, or a third-party commercial operation, being an exclusive, longer term use of the lifesaving club’sleased area that limits the lifesaving club’s or public’s use of and access to the activity area forlifesaving or community purposes.Third-party refers to an entity or an individual, legally separate to a lifesaving club, LSV, SLSV or the landmanager.4

IntroductionScopeThis policy statement applies to lifesaving clubs with an existing or proposed lease or licence on Crown landin Victoria. It also applies to Life Saving Victoria (LSV) and Surf Life Saving Victoria (SLSV) where Crownland is leased for use by affiliated lifesaving clubs. Leases on Crown land are managed by the Department ofEnvironment, Land, Water and Planning (DELWP), trustees, boards or Committees of Management (CoM)appointed under the Crown Land (Reserves) Act 1978 (CLR Act). They may also be managed by PV wherethe leased land is in a national park under the National Parks Act 1975 (NP Act) or as a direct manager onreserved Crown land under the CLR Act.BackgroundLifesaving clubs provide important beach and aquatic safety services for Victorian communities. Theseservices include beach patrol activities; undertaken primarily by volunteers trained by the club; and deliveringtraining and education to help maintain a safe beach environment. Many lifesaving clubs are importantcommunity service hubs and meet a recognised need to provide community services, in line with theobjectives of the lifesaving movement. Lifesaving clubs are not-for-profit organisations and are members of,and overseen by, LSV.LSV is a core member of the State’s emergency services and provides emergency response services acrossthe State through its network of lifesaving clubs, lifeguards and marine and aerial rescue services. As amember of Emergency Management Victoria, LSV supports all phases of emergency management inVictoria and assists other emergency services. The Victorian Government recognises the important role ofLSV and its volunteers under its Emergency Management Volunteer Statement.Most of the 57 lifesaving clubs in Victoria are located on the coast within Crown land reserves managedunder the CLR Act. Several are within national parks managed under the NP Act. Coastal Crown land,whether in a national park or other Crown land reserve, is a limited and valuable public resource managedfor the benefit of all Victorians. The use of coastal Crown land must be carefully planned to support thoseactivities and facilities that are coastal-dependent.Land managers authorise lifesaving clubs to occupy Crown land with a lease or, depending on the nature ofthe use, a licence. When authorising the use of coastal Crown land for lifesaving club facilities, landmanagers must apply and recognise: this policy statement; the Leasing Policy for Victorian Crown Land 2018; objectives of the Victorian Coastal Strategy; and principles of competitive neutrality (as applicable to the circumstances).Occupation and Use of Crown land by lifesaving clubs in VictoriaPolicy Statement 2019

Authorising occupation and use of Crown landLease types and purposesMost lifesaving clubs occupy Crown land. Such occupation must be authorised appropriately through leasingprovisions under the relevant legislation. A lease on Crown land for a club’s facilities authorises exclusiveuse and occupation of land and provides security of tenure for clubs, ensuring they can continue to providetheir services into the future. Leases also provide certainty for the community, reserve managers, LSV andthe government.Policy direction 1Occupation and use of Crown land by a lifesaving club or Life Saving Victoria must beauthorised by an appropriate agreementOccupation and use of Crown land by a lifesaving club or LSV must be authorised by: Leases which are used to authorise exclusive use and occupation of Crown land;and/or Licences which are used to authorise non-exclusive use of areas outside the leasearea within the broader reserve, such as common areas.Permits, or short-term licences, may be used to authorise a clubs’ or LSV’s eventsoutside the lease or licence area but within the broader reserve.Policy direction 2New leases will be granted under the Crown Land (Reserves) Act 1978 or, if relevant, theNational Parks Act 1975New leases for lifesaving club facilities on Crown land reserves, outside national parks,will be granted under section 17D of the CLR Act.Depending on the nature of a facility’s proposed use, leases for lifesaving club facilitieswithin national parks will be granted under either section 32B or section 19G of the NPAct.New leases will no longer be granted under the LSLS Act.Currently Crown land leases are granted to lifesaving clubs under three pieces of legislation. These are asfollows.Crown Land (Reserves) Act 1978Leases under the CLR Act can be granted to lifesaving clubs or LSV for Crown land reserved under this Act.Under section 17D of the CLR Act, leases can be granted for a range of purposes or uses relevant tolifesaving clubs and can be granted by the Minister administering the Act or the land manager with theapproval of the Minister (or delegate).Depending on the type of reserve “parliamentary scrutiny” (s. 17DA of the CLR Act) of the approval of thelease may be required. For example, a preliminary requirement of any lease being granted under s. 17D of6

the CLR Act on land reserved, or deemed to be reserved, for the protection of the coastline is that Ministerialapproval be obtained and that it is subject to “parliamentary scrutiny”, unless the grant of a lease isconsistent with an “accepted recommendation” for the land as defined in s. 3 of the CLR Act. If applicable, alease should not be signed until the “parliamentary scrutiny” process is complete.National Parks Act 1975For land within national parks, leases under the NP Act can be granted to lifesaving clubs, SLSV or LSV,depending on the type of lease. National parks are recognised for their significant environmental and culturalvalues and are generally afforded the greatest level of protection of public land within Victoria. Leases innational parks can be more restrictive than those granted over Crown land reserves. PV administers leasesunder the NP Act.The NP Act provides for leasing of national parks for use by surf lifesaving clubs under two separatesections, being section 32B for specific tenures for surf lifesaving use and section 19G for broad use ofnational parks land.Special Leases – Section 32BLeases under section 32B of the NP Act can be granted by the Minister, or an authorised delegate,specifically for tenancies for lifesaving club purposes.For the purposes of section 32B, ‘surf lifesaving purposes’ means purposes directly connected with thepatrolling of the coastline of Victoria for purpose of assisting other persons in difficulty in water, includingaccommodation and facilities required for patrolling and assisting activities.Leases under section 32B can be granted to Surf Life Saving Victoria (SLSV) or a relevant company underthe Corporations Act 2001 (Cwth) for existing surf lifesaving club sites within Mornington Peninsula NationalPark and Cape Liptrap Coastal Park only.In addition, leases granted under section 32B: must not exceed one hectare of land occupied under the lease; the term must not exceed 21 years; and may authorise the construction, erection or provision of structures, apparatus or equipment on theland occupied under the lease.General Leases – Section 19GLeases can also be granted by the Minister under section 19G of the NP Act to any party, including SLSV ordirectly to a surf lifesaving club, in a specified park for any purpose consistent with the objects of the NP Actin relation to the relevant land.Under section 19G, the Minister must consult with the National Parks Advisory Council prior to the grant ofany lease and the Minister must ensure that the lease is subject to conditions that prevent or minimise anyadverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreationalvalues) by the development or use of the land that is permitted under the lease.In addition, leases granted under section 19G: must not be located in a wilderness park, wilderness zone, remote or natural area, designated watersupply catchment area, natural catchment area or reference area; the term must not exceed 21 years; may be for occupation of existing buildings or authorise the construction of buildings on the landoccupied under the lease; and may include accommodation but must not be for the purpose of industrial or residential use.Further information on the additional considerations needed when leasing in national parks is contained inAppendix 1.Land (Surf Life Saving Association) Act 1967Leases have also been granted over Crown land to SLSV, representing certain lifesaving clubs, under theLSLS Act. These leases were granted by the Governor in Council for the explicit purpose of providing forlifesaving club activities and provision of accommodation for patrolling club members of lifesaving clubsaffiliated with SLSV.Occupation and Use of Crown land by lifesaving clubs in VictoriaPolicy Statement 2019

LSLS Act leases are only available in a limited part of Victoria and may be granted for limited purposes whichmay not reflect current or desired management and use of the land. Therefore, while there are current leasesunder the LSLS Act, no new or further leases will be granted under this Act. Leases under the LSLS Act donot allow the flexibility provided by leases granted under s. 17D of the CLR Act. The CLR Act provides aconsistent approach for all lifesaving club leases outside of national parks. Existing leases that have beengranted under the LSLS Act will continue to operate until a new lease is sought.Where land is leased by SLSV for lifesaving club purposes, an affiliated club may be authorised to use theleased land through a sub-lease with SLSV. Note that in these instances, SLSV, as the tenant, will haveobligations and liabilities under the lease with the land manager.Further legislation that affects the grant of leases on Crown land, is described in the leasing policy.LicencesLicences authorise the non-exclusive use of Crown land, meaning that others may share use of the licensedarea. Licences, rather than leases, may be appropriate for authorising some ancillary uses conducted byclubs that are not exclusive. A licence may authorise a club to use Crown land outside their leased area for anon-exclusive use, such as installation of services or a radio transmission tower, to manage shared-usebeach access or regular fundraising activities conducted within the broader reserve. Licences may also beused to specify maintenance responsibilities for shared or common areas used by lifesaving clubs and otherreserve users.Licence applications are subject to the land manager’s assessment and will be granted under theappropriate Act. A licence may be granted for: up to ten years under s. 17B of the CLR Act; or up to 21 years, or for the term of an adjacent lease, under s. 17BAA of the CLR Act; or up to 21 years under s. 19K of the NP Act where a lease is granted under s. 19G of that Act, to thesame tenant, for the same or related purpose of the lease and for an adjacent or nearby area.Licences under s. 17B of the CLR Act for certain coastal reserves, including those reserved for the protectionof the coastline, also require Ministerial approval that is subject to a ‘parliamentary scrutiny’ process (s. 17DAof the CLR Act) unless the grant of the licence is consistent with an “accepted recommendation” for the land.Event permitsShort term, non-recurring events outside the leased premises, but within the broader reserve or park, shouldbe authorised by the land manager by a permit issued under the legislation or regulations which apply to theland.If an event is held within the leased premises, it must also comply with the permitted use under the lease.Under the terms of the lease, consent to works may also be required from the land manager for constructionof any temporary structures.An event permit or other approvals may be also required from the local council for certain events inaccordance with local laws – whether or not the event is held within the leased premises.Other authorisationsLifesaving clubs may require other permits or consents to use or develop coastal Crown land in addition to alease. Where a new use or development is proposed, a permit under the Planning and Environment Act1987 and / or consent under the Marine and Coastal Act 2018 may be required. In line with the leasing policyand the Crown Land Leasing Guidelines, if a planning scheme requires a permit for a use and/ordevelopment proposed under a lease, the permit must be obtained before the lease is granted. Alternatively,if the development is made under an agreement to lease between the land manager and the club, thegranting of the lease would be conditional on the permit being approved. This helps avoid uncertainty overthe purpose and conditions of a lease, which may be found to be unlawful if planning approval is notobtained. Marine and Coastal Act 2018 consent, where required, must be obtained before a planning permitis issued, or be a condition precedent of the lease.8

Leasing policyPolicy direction 3The dual emergency and community service functions of lifesaving clubs make themunique.The principles of the leasing policy apply to the leasing of Crown land by Lifesavingclubs. The dual emergency and community service functions of Lifesaving clubs makethem unique and distinguish Lifesaving clubs from other Crown land tenants.The leasing policy seeks to provide a consistent framework for the leasing of Crown land across the State.The principles outlined in the leasing policy and this policy statement, in addition to specific requirements ofthe relevant legislation, will guide decision-making for leasing Crown land to lifesaving clubs on Crown landreserves and national parks.Proposals for leasing Crown land must demonstrate alignment and consistency with the three principles ofthe leasing policy, summarised below.Principle 1 - to provide benefits to the public through leasingCrown land is managed for the benefit of the Victorian community. Granting exclusive use and occupation ofCrown land under a lease should not occur except where it can be justified in terms of benefits to thecommunity. Decisions to lease need to consider public safety, community service, social, economic andenvironmental outcomes that may result from a lease.The lease of Crown land to a lifesaving club must provide benefits to the club’s members as well as nonmembers through lifesaving and water safety activities. Lifesaving clubs provide community services in linewith the objectives of the lifesaving movement and facilitate safe public use and enjoyment of the coast.Lifesaving club facilities may also serve as community hubs.Principle 2 - to ensure consistency and transparency in leasingBecause lifesaving clubs have dual emergency and community service roles, leases to lifesaving clubs aregenerally awarded through a direct negotiation process rather than through a competitive selection process.Whether the lease is awarded through a competitive selection process or through direct negotiations, theprocess must be fair, open and impartial.All proposals to lease under the CLR Act require the “Approval in Principle” of the Minister before a landmanager agrees or commits to lease Crown land, as well as the Minister’s approval to the terms andconditions of the lease. For proposals on some coastal reserves, the Minister’s approval may also be subjectto parliamentary scrutiny.All lease proposals for lifesaving clubs under the NP Act require the approval of PV before the Ministeragrees to lease the land, as well as the Minister’s approval of the terms and conditions of the lease. As anadditional requirement, proposed leases under s. 19G of the NP Act require the National Parks AdvisoryCouncil’s review and advice to inform the Minister’s consideration of the proposed lease.Leases must contain terms and conditions which align with the permitted purpose and conform togovernment policy and statutory requirements.Decisions relating to leasing Crown land for lifesaving club facilities, including rental determination, will bebased on a transparent and consistent approach.Principle 3 - to manage leased Crown land in an ecologically sustainable mannerAll Victorians depend on the health of the State’s natural assets. The economic, social and cultural benefitsto the community from the leasing of Crown land depend on its long-term management. Proposals to leaseCrown land need to demonstrate the application of sustainable management principles.Land on Victoria’s coast has unique environmental features. Coastal Crown land has specific managementrequirements to protect and manage risks to the sensitive coastal environment.Occupation and Use of Crown land by lifesaving clubs in VictoriaPolicy Statement 2019

The principles of the leasing policy guide land managers, existing tenants and prospective tenants whenmaking decisions about leasing Crown land for lifesaving club facilities.Permitted usePolicy direction 4The purpose of a lease must reflect the core functions of providing lifesaving andemergency services to the community.Land is leased so that lifesaving clubs, with LSV’s oversight and support, can continueto deliver their core functions of providing lifesaving and emergency services to thecommunity. The purpose of a lease, and the uses it authorises, must reflect these corefunctions and ensure that lifesaving clubs can continue to provide these services intothe future.Any activities conducted within the leased area must be permitted by the lease, as identified in the lease’spermitted use. The permitted use within a lease document is comprised of the primary use or purpose andany ancillary use of the leased premises. Primary and ancillary uses are discussed below.Lifesaving clubs are unique in their dual emergency service and community service functions. The permitteduse under a lease to a lifesaving club will recognise these functions but should not compromise the leasingpolicy principles.The permitted use for leased premises is sometimes specified in the Act under which a lease is granted. Forexample, land is leased under s. 32B of the NP Act for ‘surf lifesaving purposes’, is specifically defined in thatAct as ‘purposes connected with the patrolling of any part of the coastline of Victoria by persons for thepurpose of assisting other persons in difficulty in water and includes using land for accommodation andfacilities associated with the patrolling and assisting activities.1’The permitted use of premises leased under the LSLS Act is also defined in that Act. Such leases aregranted for ‘the purposes of surf club activities including social activities and the provision of residentialquarters for patrol members of surf clubs.2’Leases under s. 32B of the NP Act and the LSLS Act are granted to lifesaving clubs or SLSV for use by anaffiliated lifesaving club to provide facilities for their core lifesaving services, which can includeaccommodation for members when associated with patrolling and assisting activities. Leases or licences fora commercial use cannot be granted under s. 32B of the NP Act or under the LSLS Act as third-partycommercial uses (as defined) are not permitted under these leases.Land can be leased under the CLR Act for a range of purposes, including a lifesaving club facility. Section17D of the Act enables land to be leased with the approval of the Minister for any purpose, provided that theMinister is satisfied that the purpose of the lease is not detrimental to the purpose of the reserve. ManyCrown land sites occupied by lifesaving clubs are reserved under this Act for the protection of coastline orpublic purposes. Ministerial approval of leases for certain coastal reserves, including those reserved forprotection of the coastline, will be subject to a “parliamentary scrutiny” process before a lease can be grantedunless the grant of the lease is consistent with an “accepted recommendation” for the land.Primary useThe primary purpose of a lifesaving club is to support state wide emergency management and deliver publicsafety programs, particularly through providing lifesaving and education services to, and for, the community.This is done primarily through the conduct of patrols and delivery of training and education. Lifesaving clubfacilities are required to enable clubs to con

The Leasing Policy for Victorian Crown Land 2018 is the overarching policy for leasing Crown land and it applies to all leases granted to lifesaving clubs, subject to relevant legislation and planning provisions. This policy statement provides more specific guidance to lifesaving clubs and land managers on leasing and

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