c n c NTER-DEPARTMENTA DSCUSSON PAPER n : F ~ C U..; POCY OPTONS FOR THE TENURE AND MANAGEMENT OF GOVERNMENT AGENCES AND RESOURCES
c 1. NTRODUCTON 1 f' ' ' F ț. i 2. 3. The Pubic Secto Management Commission (PSMC) in its eview of the Depatment of ands ecommended that: "the Depatment of ands deveop appopiate poicy options with espect to tenue and management of othe govenment agencies' and esouces". The PSMC ecommendation was appoved by Cabinet in Decision No 01392 on 15 Juy 1991. The Govenment and Management System (GMS) appoved by Cabinet in Febuay 1991 and pesenty opeating, povides a govenment and egiste and a system fo disposing of supus and with the shaing of evenue geneated fom such disposas. A tenue and management poicy appied consistenty to a govenment and wi compement the GMS. OBJECTVE The objective of this pape is to identify poicy options fo the deveopment of a whoe of govenment appoach to govenment and management and tenue ationaisation. Pefeed options which ae consistent with the boad poicy objectives of the State Govenment ae identified. OUTNE OF PAPER The equiements of and hoding govenment agencies and the govenment's poicy objectives ae used to deive the guiding pincipes on which an opeating poicy might est. These ae isted in Section 4. To assist in the assessment of both tenue and management options two categoies of govenment and ae identified. These ae: Community and Community and - in which thee is a high community inteest (nationa paks, state foests etc); and Opeationa and - used to cay out the odinay opeations o business of govenment(~hoos,hospitaseoc). Tenues appicabe to the two categoies ae then assessed and pefeed tenue options ae identified. These ae: Cown Reseve Pefeed option: no othe tenue consideed suitabe.
n 2 : ' Opeationa and Cown easehod An option ony if the agency has a pefeence fo this tenue., ' f t i 4. Feehod (in the name of the State of Queensand) Pefeed option fo genea appication Feehod GUDNG PRNCPES imited to Govenment Owned Entepises (GOEs) and cetain othe agencies with existing powes which need to dea with and commeciay. Management issues eating to the powe o authoity of agencies in deaing with and ae discussed and the options ae expoed. Acquisition is aso discussed and a panned eview is poposed. Poicy petaining to govenment and must meet the needs of both the govenment geneay and the individua govenment agencies which utiise and administe the and. The atte wi have some divesity of equiements which wi impose an ovea need fo fexibiity in the esuting poicy statements. The foowing ae seen to be appopiate guiding pincipes on which to deveop a govenment and poicy: The management of govenment and esouces is consistent and co-odinated acoss the whoe of govenment; Dupication of effot acoss agencies is minimised; and Agencies etain autonomy and opeate within the poicy without undue intefeence o impediment in caying out thei coe function and day-to-day business. Guiding pincipes in thei appication to tenue and management options ae not mutuay excusive.
n : ( - f'. j ( i, ( 5. SUGGESTED CATEGORES OF GOVERNMENT AND Govenment and can be categoised into two main categoies. Community and Opeationa and Opeationa and 3 Two moe specific pincipes eating to tenue and management have been identified. These ae: Tenue mu~t be appopiate fo the use, administation and management equiements of the pace; and Each govenment agency shoud have authoity appopiate to the pefomance of its and eated functions and maintain its autonomy in the detemination of its ea estate equiements. and which shoud be peseved and maintained fo the benefit of pesent and futue geneations. This is pimaiy because of its natua esouces, its envionmenta, eceationa, histoica, socia o cutua significance, o because it has specia stategic vaue fo pesent o futue geneations. This shoud be so whethe paticua pesent o futue need fo the and has been identified o not. Exampes of such ands incude Receation Reseves, Nationa Paks, Timbe Reseves, and Fish Habitat Reseves. Note: eates to its intinsic woth eates to its use by Govenment These ae as foows: and equied fo odinay govenment business which has imited intinsic community vaue shoud the Govenment opeation o sevice conducted on the and be discontinued o sited esewhee. Typicay this woud invove govenment business associated with schoos, hospitas, poice stations, offices and depots. The two boad categoies ae not mutuay excusive due to thei being based upon diffeent citeia, ie: Community and Nevetheess, the division of govenment and into these two categoies assists the assessment of both tenue and management options eading to the deveopment of poicy. The ecommended method fo categoisation of and as eithe community and o opeationa and can be descibed as Popety Management Panning and is outined in Attachment A.
n 4 fi f, The guiding pincipe shoud be that tenue must be appopiate fo the use, administation and management equiements of the pace. 6.1 Pesent Situation At pesent, govenment agencies hod and unde a wide ange of tenues. Exampes of these ae eseves, deed of gant in tust, vested ands, feehod tite. Some aso hod and unde a ange of Cown tenues (easehod, pemissive occupancies, icences). The vaious tenues povide fo diffeent eves of community and pivate inteests in and. n pactice this meaps that the type of tenue by which an agency hods its and, agey detemines the eve of autonomy it has in deaing with that and. Fo instance, feehod tite aows consideabe autonomy to buy, se, ease, motgage and use. Deaings with, say, a eseve tenue equie the pio appova of, o must be pocessed though, the Ministe fo and Management, by vitue of the powe vested in him unde the and Act. Thee ae no cohesive poicies o guideines to co-odinate the appication of appopiate tenues to paces of govenment and. Numeous inconsistencies exist within cuent govenment and hoding pattens esuting fom ad hoc aangement ove past decades. One agency may hod and in feehod tite whie anothe may hod and fo a simia use as a eseve o as vested and o a deed of gant in tust. Some agencies, fo exampe, Pot Authoities, hod paces of and used fo simia puposes unde a numbe of diffeent tenues. Constucting authoities appointed unde the Acquisition ofand Act usuay hod and in feehod tite. Agencies without constucting authoity status usuay hod and unde eseve tenue. The pesent tenue aangements have given ise to o contibuted to: inappopiate tenue aocation; unnecessay estictions on use; ovey compex and deaings; 6. TENURE OPTONS FOR GOVERNMENT AND J_ undeutiisation of and; and 1' j inconsistent and deaings. The ovea esut has been one of deceased efficiency and effectiveness. (
n,. J C' f', ' t 1 t t 6.2 Tenue Types appicabe to Govenment and 6.2.1 Reseves 5 The eseve tenue, estabished unde the and Act, and utiised in many othe statutes, is used fo a vaiety of govenment and pubic uses (e.g. paks, spots fieds, cemeteies, schoos, poice stations). Despite this divesity of uses, eseve tenue is most appopiate fo and which has some intinsic community o envionmenta vaue fo pesent and futue geneations and hence equies pesevation and potection. t povides consideabe conto ove the deaings in and use of the and, thus poviding potection of the community inteest in the and. 6.2.2 Cown Tenues Cown tenues estabished unde the and Act incude Cown easehod, deeds of gant in tust and fo the pupose of this discussion, vested and. The Cown tenues ae administeed by the Depatment of ands and povide fo diffeent eves of community and pivate inteests in and. Cown easehod tenue aows the Cown to make and avaiabe to the community o othe govenment depatments without aienating that and though a deed of gant. Deeds of gant in tust povide the tustee with a geate inteest in the and, but vaious types of deaings may be esticted and the and may not be disposed of without the appova of the Ministe fo and Management. Vested and is and set aside fo the use of a paticua agency without a specified tenue. 6.2.3 Feehod Tenue Some govenment agencies have the egisative powe to acquie on the open maket and hod feehod and in thei own name. Agencies, such as the Administative Sevices Depatment, have used the Pubic Tustee to hod cetain feehod popeties on thei (and Govenment's) behaf in pefeence to eseve tenue (e.g. Minea House in Bisbane). This has in effect ceated anothe fom of feehod tenue; that of 'feehod hed in tust'. Feehod tenue povides the hoding agency with maximum fexibiity to dea with and on a commecia basis.
n f' " \" - f f { j i 6 Feehod Tenue (in the name of the State of Queensand) whee the State of Queensand is the tite hode, wi become possibe unde the poposed Queensand Govenment (and Hodings) Bi which is cuenty being dafted. This egisation wi povide the Ministe fo and Management with the necessay authoity to take feehod tite ove Cown and and to buy, hod and dispose of feehod and in the name of the State of Queensand. The egisation wi aso povide the Ministe with the abiity to deegate his powes to designated offices thoughout Govenment. 7. TENURE OYTON ASSESSMENT 7.1 Reseve Tenue The pesciptive natue of eseve tenue is appopiate when appied to and categoised as Community and, so poviding the potection waanted by such and. Reseve tenue is ess appopiate fo and categoised as opeationa and paticuay that used fo commecia puposes since it impedes deaings in such and and in some instances may intefee with the day-to-day business of the agency. Deaings in and hed in eseve tenue ae possibe though the povisions of the and Act administeed by the Depatment of ands. This pemits deaings to be undetaken on equest, yet maintains some contos which ovesees the potection and pesevation of these community ands. Reseve tenue is the ecommended tenue fo a community and even if hed by a GOE o ike agency. 7.2 Cown Tenue Deeds of Gant in Tust and the vesting of and povide no geate ights no inceased potection than othe Cown tenue types and unnecessaiy dupicate othe moe appopiate tenues. Fo this eason they ae not consideed futhe by this pape. Cown easehod tenue equies the hoding agency to wok though the Depatment of ands in any deaing. This had vaue in the past whee thee was no othe means of c0 odinating the States' copoate and esouce. (The Govenment and Management System now povides a moe compehensive atenative). Cown easehod tenue continues to have vaue whee the hoding agency eithe does not have the expetise to undetake deaings in and o pefes a easehod tenue fo commecia easons o the Govenment finds etention of and in this tenue necessay. Retention of Cown easehod tenues as an option fo opeationa and is ecommended. ts use shoud be at the discetion of a Govenment agencies incuding GOEs and ike agencies o whee Govenment finds etention of the and in this tenue necessay.
n ' : ' f 1-- t 7.3 Feehod Tenue 7.3.1 Feehod (n the Name of the Agency) 7 Feehod tenue povides the hoding agency with maximum fexibiity to dea with and on a commecia basis. t suits the needs of those govenment agencies which need to dea commeciay with govenment popeties. n some agencies this need has been met by the povision of ega powes to hod feehod in the name of the agency and the estabishment of intena popety goups with the capacity to manage it. Because the Govenment and Registe hods ecods of a govenment and egadess of tenue type, the 'whoe of govenment' objective of co-odination in the management of govenment ands can be achieved egadess of tenue type poviding the Govenment and Management System continues to appy to a and. Feehod in the name of the agency is ecommended as the tenue fo opeationa and hed by GOEs and epesents a vaid option fo those Govenment agencies with existing powes which need to dea with and commeciay. 7.3.2 Feehod (n the Name of the State of Queensand) This feehod tenue concept is seen to have paticua appication in the opeationa and categoy. t faciitates simpe tansfe aangements between agencies and co-dinates management of govenment ands without detacting fom the opeationa fexibiity o necessay authoity of agencies. The geatest potentia fo cost savings exists within the opeationa and categoy. This is paticuay so whee paces ae eativey sma and numeous and contoed by a divesity of agencies. The simpicity of feehod and tansaction and management ae paticuay advantageous whee agencies do not have the intena esouces to manage and. Feehod in the name of the State of Queensand is ecommended as the most appopiate tenue fo a opeationa and. This tenue may be appied to GOEs if they have a pefeence fo its use. Appication of this tenue povides govenment agencies with the fexibiity of feehod tenue at the same time ecognising that the and is pubic and ove which govenment equies stategic conto.
" f - 1 8. 9. PREFERRED TENURE OPTONS Summaising the foegoing, the pefeed tenue options become: Community and Cown Reseve Opeationa and Cown easehod Feehod TENURE RATONASATON MPEMENTATON 8 Pefeed option: no othe tenue consideed suitabe. An option ony if the agency has a pefeence fo this tenue; Feehod (in the name of the State of Queensand) Pefeed option fo genea appication imited to GOEs and cetain othe agencies with existing powes which need to dea with and commeciay. Any esuting tenue ationaisation pogam coud be eithe incementa ove an extended peiod of time o poject based ove a shote, defined peiod. An incementa appoach woud see the convesion of tenues occu as oppotunities aise (usuay a and deaing) o whee a decision is taken by an agency to obtain moe appopiate tenue. (Administative Sevices Depatment equies tenue changes fo it to opeate commeciay.) This appoach woud equie ony imited 'up font' esouces and incu associated costs (e.g. suveys) ony as the and deaing occus. The incementa appoach woud have imited immediate impact on esouces and woud be ess disuptive. The poject appoach woud see the ationaisation of a Govenment and tenues occu as a singe majo execise. This woud necessitate substantia esouce commitments by a govenment agencies with and hodings, and woud entai substantia immediate costs. t's main benefit woud be that it woud povide a cean beak and eaise the benefits of co-odination and consistency moe quicky. The incemtan appoach is the pefeed option. Howeve once tenue ationaisation eaches an advanced stage, at a futue undefined point, the poject appoach may then become an appopiate finaisation mechanism.
n: : ' '..' n.',. 1= ( t 10. MANAGEMENT SSUES 9 The management of govenment and is seen as having two majo components. The fist eates to the authoity o powes that agencies have ove and eated deaings. The second eates to the way in which these and eated deaings of acquisition, hoding and disposa ae caied out. 10.1 Management Authoity The guiding pincipes shoud be that each Govenment agency shoud have authoity appopiate to the pefomance of its and eated functions and maintain autonomy in the detemination of its ea estate equiements. The authoity issue inteeates with tenue consideations and neithe can be deat with in tota isoation. The discussion on tenue took into account the fact that the ights and obigations inheent in the tenue type geneay detemine the way and is managed. Atenativey, it woud have been vaid to have fist expoed the authoity issue which woud then have ed to concusions on tenue types. 10.2 Pesent Situation At pesent a and hoding govenment agencies have the authoity to: decide which popeties ae equied and which ae excess to equiements; detemine and conto appopiate use; and icence shot tem use. This base eve of authoity is confeed with the moe estictive eseve tenue. Many agencies which have the need to act commeciay in thei and eated functions have gained geate eves of authoity to buy, hod and se feehod and by obtaining suitabe body copoate status though enabing egisation. The authoity to compusoiy acquie (esume) pivate and fo pubic puposes must be obtained though enabing egisation which gives an agency constucting authoity status in tems of the Acquisition of and Act. Geneay agencies which have gained constucting authoity status have had majo acquisition equiements. Howeve, in the past, the confeing of constucting authoity status has occued without suppoting poicies and guideines esuting in: agencies with constucting authoity status that is no onge equied; inconsistencies in the powes of constucting authoities;
n 10 inconsistencies in the poicies and pocedues adopted by diffeent constucting authoities; and inconsistencies in the agencies which have and have not become constucting authoities. 11 MANAGEMENT AUTHORTY OPTONS (- f t, Thee ae two appoaches fo gaining necessay management authoity. These ae: the deegation of authoity to agencies fom a singe empoweing Act; and individua agencies gaining sepaate authoity unde sepaate enabing egisation. These two appoaches ae discussed against the tenue options canvassed in Section 8. 11.1 Community and Reseve Tenue: This pefeed tenue option fo community and aigns with the deegation appoach. The authoity confeed (deegated) on eseve tustees hoding eseve tenue is seen as being appopiate fo the management of such and. This is consistent with the socia and/o cutua sensitivity and speciaised natue of deaings affecting eseves and the egisative constaints imposed unde eevant Acts. Some eseve ands, fo exampe Nationa Paks and State Foests, have sepaate egisation poviding fo thei management. 11.2 Opeationa and 11.2.1 Cown easehod This tenue option aigns with the deegation of authoity appoach. Though the tems of the ease it povides the deegated authoity necessay fo the management of and fo a foms of govenment business. But it has a stong eement of centa conto as it does not povide the capacity fo agencies to buy o se such and as feehod.
1 ' C' : ' - ( 11.2.2 11.2.3 Feehod (in the name of the State of Queensand) This tenue option aigns with the deegation of authoity appoach. The panned egisation wi see and hed in the name of the State of Queensand with management in the hands of pesons fom diffeent agencies hoding deegations. The deegated authoities, whee appopiate, coud be compaabe to the vey high eves of authoity aeady confeed unde sepaate egisation. This highy fexibe appoach can be appied to a govenment agencies and fo a types of opeationa and. Feehod Feehod tenue is pesented as an option fo cetain agencies ony (GOEs and othe agencies with existing powes). t aigns with the sepaate enabing egisation appoach and povides maximum fexibiity to dea with and on a commecia basis. t is a wokabe atenative to the deegation appoach but woud equie expansion of the GMS poicy guideines, to cove acquisition and hoding. 11.3 Powes of Compusoy Acquisition The authoity to compusoiy acquie (esume) and is needed at times to meet and equiements fo both community and opeationa and categoies. Compusoy acquisition may be undetaken though the deegation of authoity o sepaate enabing egisation appoaches. Unde the Acquisition ofand Act the Ministe has the powe to deegate his authoity to designated offices. This powe has not been used to date but its appication woud be moe consistent with the deegation appoach aeady discussed than with the atenative of sepaate enabing egisation. The deegation appoach woud aso seve to moe eadiy ectify the pobems peviousy identified unde the sepaate egisation appoach. Again, the sepaate egisative appoach is wokabe but woud equie additiona poicy suppot. 12. PREFERRED MANAGEMENT AUTHORTY OPTON The pefeed option fo genea appication is the deegation of authoity appoach. is consistent with the pefeed tenue options. Note: This Attachment A outines the concept of popety management panning which coud be used to suppot a deegation system. 11
: - ' - f 1 12 Shoud it be decided that GOEs and cetain othe agencies with existing powes wi conto and in thei own name though feehod tenue, then the sepaate enabing egisation appoach must appy to those agencies. Shoud it be decided to adopt the deegation appoach the geatest benefit is ikey to accue though the ess disuptive incementa impementation. This coud be achieved by initiay poviding deegated authoities whee necessay authoities do not aeady exist. Subsequenty it coud be extended as oppotunities aise, mainy whee agencies ae eviewing the egisative famewok unde which they opeate. 13. ACQUSmON The management pocesses associated with acquisition, hoding and disposa of and equie poicy suppot. Poicies associated with and disposa (ie. asset eview, aocation, disposa, evenue shaing) have aeady been put in pace though the Govenment and Management System. Poicies govening the acquisition of govenment and fo noma puchases in the maket pace and compusoy acquisition ae yet to be deveoped. The deveopment of these poicies and associated pocedues and guideines wi equie extensive consutation and eview of the Acquisition ofand Act. t wi aso be infuenced by Cabinet's decision on tenue and management options coveed in this pape. t is poposed to undetake such consutation foowing Cabinet's diection on the tenue and management issue. The Depatment of ands has aeady incuded in its egisation eview pogam a eview of the Acquisition ofand Act which coud be undetaken in tandem with the consutation pocess. 14. CONCUSON The pefeed tenue option fo community and is that of Cown Reseve since it povides fo the ong tem potection of that and in which thee is a high community inteest. t is ecognised that fexibiity in deaings without undue intefeence o impediment in and categoised as opeationa is paamount to those agencies which have the esponsibiity fo managing it in the best inteest of the State. Acknowedgement is aso given to the substantia numbe of and paces hed by agencies in feehod tite eithe diecty in thei own ight o indiecty though the Pubic Tustee. 1 f
n : - ' -- ~ 13 The pefeed tenue option in this pape fo opeationa and is 'feehod in the name of the State of Queensand' which ensues management fexibiity and povides the advantage of simpicity in tansaction and management. At the same time govenment-wide c0 odination in govenment and management is enhanced. The hoding of feehod tenue in the agency's name by agencies with existing powes and the need to dea with and commeciay is accepted and this pactice shoud continue. The pefeed tenue option fo GOE's is feehod in the agency's name. The pefeed management option invoves authoity being obtained though a system of deegation and fo GOEs and some agencies with existing authoities gaining o maintaining authoity though sepaate egisation. The powes of deegation wi be deived though the poposed and Hodings Bi and the Acquisition ofand Act An incementa appoach to impementation is pefeed.
n ' Attachment "An.PROPERTY MANAGEMENT PANS What is popety management panning? Popety managment panning invoves an agency pepaing management pans fo its and. The objectives on which these pans ae pepaed ae deived fom the agency's copoate pan. 14 The specific fom and content of a management pan woud emain the esponsibiity of each agency and be sufficienty. fexibe to suit its needs. t woud be subject to the appova of the Ministe esponsibe fo that agency. f' ~ t Management pans woud identify the and categoy, eithe community and o opeationa and and coud be pepaed fo a cassification of and hed by the agency o fo individua paces if necessay. Fo many govenment and hodings a management pan coveing a tota cassification (eg. poice stations, govenment offices) may be sufficient. n some situations it may be desiabe to pepae management pans fo individua popeties with specific management equiements, ego histoic govenment office buiding, contoed pubic access and specia faciities deveopment on a eceation eseve. A management pan woud geneay identify: and categoy, eithe community and o opeationa and; both appopiate and inappopiate uses; deveopment poposas; povisions fo eguated pubic access; the management opeation the agency has in mind; and the appopiateness of icences and eases.
f' -' What oe woud popety management panning pay in govenment and management? ts oe is seen as being theefod, being:- 15 To encouage and suppot the management of govenment and in accodance with defined objectives deived fom an agency's copoate pan. n so doing encouaging a moe active management oe by govenment agencies in the management of the State's most vauabe asset. To povide a mechanism by which and can be categoised as eithe community o opeationa and, a pocess which is fundamenta to the efom of tenue and govenment and management; and To seve to faciitate a deegation system of management povided fo unde the poposed and Hoding Bi. f t
... -' ~' -. f' ' : ' 1 ( Community and GWSSARY OF TERMS Govenment owned and in which thee is a demonstabe and tangibe inteest by the community/pubic ego nationa pak, state foest. Constucting Authoity A govenment agency empoweed to compusoiy acquie (esume) and unde suitabe enabing egisation and in accod with the Acquisition ofand Act. Govenment Agency (Agencies) A govenment depatments and statutoy authoities constituted unde state egisation. Govenment agencies incude those designated as constucting authoities. Govenment and Management System (GMS) A system that coodinates management ofgovenment and as a copoate esouce to povide geate oppotunity to manage and moe efficienty. The govenment and egiste (GR) foms the coe infomation base fo this system. Govenment Owned Entepise A govenment agency estabished by statute which opeates as a commecia entepise with the powes ofa natua peson o pivate copoation and which is answeabe to govenment. and Acquisition The pocess of acquiing pivatey hed and by the govenment fo govenment use. and acquisition may be effected by negotiation and puchase in the maket pace o by compusoy pocesses (esumption) unde the Acquisition ofand Act. and Management The acquisition, hoding, use and disposa ofand incuding the panning associated with each of these activities. 2
~ - Govenment owned and in which thee is no o ony magina community inteest and which is used to cay out the opeations and business of govenment. Popety Management Panning Popety management panning invoves the pepaation of management pans by an agency fo its fand based on the agency's objectives fo its m\io and casses. The objectives ae deived fom the agency's copoate pan. Popety Review Committee (PRC) An DC estabished to coodinate and oveview the assessment and disposa of a excess govenment and. Resumption The pocedue unde which an agency empoweed by the state govenment, compusoiy acquies pivatey hed and fo a specific pubic pupose. Tenue A fom of tite by which a popety is hed o set aside and incudes cown eseve. Whoe of Govenment Govenment viewed as a copoate whoe in which govenment depatments and statutoy authoities ae components. Opeationa and 1