• The ACT Government sells community facility zoned land to community organisations through a two-stage sales process commencing with a request for an expression of interest (REOI).
  • An expression of interest is aimed to improve transparency in the process, hear from all potential organisations who may be interested in development on the land and identify an organisation whose proposal best meets a range of criteria including benefit to the community and financial viability.
  • Depending on the type of lease being granted and the number of shortlisted responders, the second stage of the sale process is either a request for tender (RFT) or a direct sale.

The ACT Government seeks to continue supporting strong communities by making land available for community organisations to develop. With many competing needs for the limited supply of land, an equitable and transparent sales process is required. The governments preference is to sell these sites through a two-stage sales process commencing with a request for an expression of interest (REOI) that community organisations can respond to.

The REOI is aimed to improve transparency in the sales process, allow the government to hear from all potential community organisations who may be interested in developing the land and to identify an organisation whose development proposal can meet a range of criteria including benefit to the community and financial viability.

Community members may wish to understand:

  • the process to obtain community facility zoned land
  • the types of leases that can be issued
  • any future plans for the sale of community land and
  • what land is currently open for sale.

Prior to any land sale the government will decide whether the Crown lease to be granted will be a non-concessional Crown Lease or a Community Concessional Crown Lease.

A non-concessional Crown lease is where the land is sold at market value. The market value of the land reflects the proposed use of the land. For example, land for a place of worship will have a lower land value than a childcare centre site.

A Community Concessional Crown lease is where the land is sold at less than its market value or for nil value.

The process of granting a non-concessional Crown Lease

1. Identifying a site and how to use it

The government identifies vacant community zoned land and undertakes site investigations and community consultation prior to commencing the sale process. The range of uses permitted on the block may be restricted in order to meet a gap in community facilities. Gaps in community facilities can be determined by using:

  • community and recreational facilities assessments and other relevant planning studies
  • current and projected population data
  • community feedback (both individuals and organisations)
  • government priorities, objectives and strategies and
  • feedback and advice from all directorates through various governance bodies.
2. Two-stage sales process

Stage 1 - Request for Expressions of Interest (REOI)

The government publishes a REOI document which calls for interested community organisations to submit a response to the REOI. Responses need to address the evaluation criteria listed in the REOI. Evaluation criteria can include:

  • demonstrating their organisation has the financial capability to fund the project
  • the organisation can justify the need for the proposed facility
  • details on how members of the broader community can benefit from the proposed facility and
  • how the proposed facility will not have a negative impact on the surrounding environment.

The publishing of an REOI will be notified on the TendersACT website, a media release and a newspaper article. The government may also contact community organisations directly if it is aware they are looking for land.

An evaluation panel will assess each response against the evaluation criteria and will shortlist the respondents to include those who can demonstrate their development proposal has the greatest community benefit. These respondents will be invited to participate in the second stage of the sales process.

Stage 2 – Tender or Direct Sale

If two or more respondents are shortlisted, they will be invited to participate on a request for tender (RFT). Their response will need to address the evaluation criteria listed in the RFT and provide a greater level of detailed compared to their REOI response.

An evaluation panel will assess each RFT response against the evaluation criteria and identify a single respondent which has demonstrated their proposal has the greatest community benefit. The panel will recommend a preferred tenderer for the delegate to consider.

If one REOI respondent has been shortlisted from the REOI stage, they will be invited to lodge a direct sale application.

3. Delegate decision

The delegate may provide conditional approval to grant a non-concessional lease. This conditional approval may be subject to:

  • development application (DA) approval, and/or
  • building and compliance checks of the proposed facilities, and/or
  • meeting a Project Delivery Agreement or Deed.

The government is not required to continue the process if they cannot find a preferred purchaser.

4. Preferred tenderer submits Development Application

If required as a condition of an offer of land, the preferred proponent must submit a development application (DA) for approval. The proponent must ensure the DA is consistent with the approved tender or direct sale application.

5. Land Valuation and finalising the sale

Once the DA is approved, the government will have the block of land valued and finalise the sale by granting the lease. The valuation will be undertaken by independent valuers and will reflect the range of uses that will be included in the Lease Purpose Clause.

Current land releases for a non-Concessional Crown Lease

There are no current land releases for a non-Concessional Crown Lease.

Upcoming land releases for a non-Concessional Crown Lease

There are no upcoming land releases for a non-Concessional Crown Lease.

The process of granting a Community Concessional Lease

1. Identifying a site and how to use it

The government identifies vacant community zoned land and undertakes site investigations and community consultation prior to commencing the sale process. The government will nominate the site's primary use which is mandatory and the secondary use/s which are optional. These uses usually meet a gap in community facilities which can be determined by using:

  • community and recreational facilities assessments and other relevant planning studies;
  • current and projected population data;
  • community feedback (both individuals and organisations);
  • government priorities, objectives and strategies; and
  • feedback and advice from all directorates through various governance bodies.
2. Two-Stage land release

Stage 1 - Request for Expressions of Interest

The government publishes a Request for Expression of Interest (REOI) document which calls for interested community organisations to submit a response. REOI responses need to address the evaluation criteria in section 68 of the Planning (General) Regulation 2023.

The publishing of an REOI will be notified on the TendersACT website, a media release and a newspaper article. The government may also contact community organisations directly if it is aware they are looking for land.

Responses will be access against the evaluation criteria by an evaluation panel who will shortlist the respondents to those that can demonstrate their development proposal has the greatest community benefit. These respondents will be invited to participate in the second stage of the sales process.

Stage 2 - Request for Tender

Shortlisted community organisations will be invited to participate in a request for tender (RFT). They will need to respond to the threshold criteria and extra criteria which can be found in sections 67 (2) and 68 of the Planning (General) Regulation 2023.

The Panel will assess the responses against the criteria and will recommend a preferred tenderer for the delegates approval. The delegate for the two-stage tender process is the government.

3. Delegate decision

The delegate may provide conditional approval to grant a community concessional lease. This approval may be subject to:

  • development application (DA) approval and/or
  • building and compliance checks of the proposed facilities and/or
  • meeting a Project Delivery Agreement or Deed.

The government is not required to continue the sales process if they cannot find a preferred tenderer, or if the site is withdrawn from release.

4. Preferred tenderer submits Development Application

If required as a condition of the offer of land, the successful tenderer must submit a development application (DA) for approval. The tenderer must ensure the DA is consistent with their approved tender application.

5. Finalising the sale

Once the DA is approved, the government will finalise the sale and include any associated agreements in a contract of sale.

6. Ongoing monitoring and reporting

Community concessional lessee/s are required to complete a report each financial year and provide information about how they are using the land in line with the lease including access to the facility by the broader community.

Current land releases for Community Lease

There are no current land releases for Community Lease.

Upcoming land releases for Community Lease

There are no upcoming land releases for Community Lease.

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