Land Use Licences Policy

Generally a licence is required for residents to use common land on Crystal Waters. Exceptions are detailed in the Land Management Policy. The Licence is personal to the licensee. The person may be a member of a group, co-operative or company etc., but must be either a lot owner or resident at Crystal Waters, and that person has sole responsibility for the Licence on behalf of the group, co-operative, company or similar. Residents who are not lot owners must be sponsored by a lot owner (normally the owner of the lot that they occupy) and that lot owner must submit the motion to approve the licence. Residents are encouraged to make a licence application only after a residence period of two years on Crystal Waters.

1.TYPES OF LICENCES

There are seven types of Land Use licence:

1. Community benefit or stewardship; these are non-profit and of obvious community benefit:

1. Amenity planting, shared orchards and recreation areas for clusters
2. Conservation zones for ecological preservation, restoration & reforestation
3. Water header tanks and the surrounding area of up to 120 sq m, – once installed, no renewal is required and on change of ownership of a lot, this licence continues automatically with the new owner/s, who are then responsible for all the infrastructure pertaining to this installation

2. Commercial use on a fixed area of land, including general farming, grazing, and horticulture where the activity is carried out for profit
3. Hobby or private use on a fixed area of land i.e. not for profit but not of obvious community benefit, this would include grazing areas for horses
4. Harvest of natural resources on common land including seed collection
5. Dams for aquaculture use
6. Commercial Forestry on a fixed area of land where the activity is carried out for future profit
7. Food, Fuel and Fibre Production for Self-Sufficiency

2. ADVISORY GUIDELINES FOR LAND USE APPLICATIONS

These guidelines aim to create a balance between the needs of the applicants and the needs of other members of the community. The intention of the feedback process is to reduce as much as possible future conflicts over land use and create better solutions for the community. It is in the best interests of any applicant to allow as long a ‘lead time’ for licence approval as possible. This will give everyone involved an opportunity to understand all the implications of a proposal and make an informed decision. Applicants need to be willing to meet with other residents to discuss their proposals; for certain applications a community meeting may be appropriate. General

Meetings are held at least twice a year, so potentially there is always 6 months ‘lead time’ for community feedback, discussion and negotiation. Applications that fail to allow sufficient time for community discussion are significantly less likely to be approved at a General Meeting.

2.1 THE ROLE OF THE BODY CORPORATE COMMITTEE IN LAND USE APPLICATIONS

The Body Corporate committee is empowered to assess applications for Land Use licences and to give feedback to the applicant and the Body Corporate on Land Use applications. It has the responsibility of reviewing Land Use licences at the end of each 5 year period and making recommendations regarding the renewal of the licence.

2.2 LAND USE LICENCE APPROVAL PROCESS

Applications for a land-use licence must be submitted on the approved form to the Secretary, Crystal Waters Permaculture Village Body Corporate and must be accompanied by the relevant application fee. Completed applications must be received at least three (3) months before the General Meeting at which the application will be considered. The application must be accompanied by a motion from the lotowner/sponsor to be considered at the next General Meeting of the Body Corporate. This motion must be received at least three (3) weeks prior to a General Meeting or by the 30^th of June for Annual General Meetings. The motion will need to be passed by a Special Resolution of the Body Corporate and must contain the following wording “That [the licensee] be permitted to license the area detailed on the map and in the licence application for [type of licence] for the period from [start date] to [end date].” The Secretary will display the application on the Body Corporate noticeboard as soon as possible after it is received. Residents will be notified of the receipt of the licence application. Where possible, the full application will be emailed to all residents with this facility. In addition, residents without an email facility may request a copy from the applicant. The Body Corporate committee may provide feedback to the applicant regarding how the application could be improved.

2.3 COMMENTS AND OBJECTIONS TO LAND USE LICENCE APPLICATIONS

Community members are encouraged to make comments regarding the application, as this may assist the applicant to adjust their application before it is put to the vote. Comments must focus on the application not the applicant. Any suggestions for changes to or objections to a licence application must be in writing and signed. Any feedback received by the Body Corporate Committee will be passed on to the applicant.

2.3.1 Objections on the grounds that the area is too close to their lot will only be accepted if the proposed licence area is within 15m of their lot boundary. This confirms that all lot owners have equal rights in law to all common land on Crystal Waters. There is limited good quality agricultural land available and simple proximity does not give one lot owner greater rights than another in its use.

3. LICENCE TERMS AND LICENCE RENEWAL

3.1 LICENCE TERMS

Land Use Licences are issued for a term of five years. At the end of the first and subsequent licence terms, the licence holder may renew the licence for an additional five year term. A renewed licence is subject to the conditions of the original licence.

3.2 LICENCE RENEWAL PROCESS

The process for renewing a Land Use Licence is as follows:

1. Not less than six months prior to the end of the licence term, the Body Corporate Committee will issue the licence holder with an advice of licence expiry and a licence renewal application. At the same time, all Body Corporate members will be notified of the pending land use licence renewal.

2. The licence renewal application will include a self-assessment. In completing the self-assessment, the licensee will describe the manner in which the licensed land has been managed, within the context of the original licence application. The application will also include a statement of commitment to abide by the Land Management Policy and the conditions of the original licence for the next licence term.

3. The completed renewal application must be submitted to the Secretary, Crystal Waters Permaculture Village Body Corporate prior to the licence expiry date. The application must be accompanied by a motion from the lotowner/sponsor to be considered at the next General Meeting of the Body Corporate. This motion must be received at least three (3) weeks prior to a General Meeting or by the 30^th of June for Annual General Meetings.

4. The application will be considered at a Committee meeting and the Committee will recommend either approval or rejection of the renewal application.

Grounds for the committee to recommend rejection of a licence renewal are:

1. Failure by the licensee to comply with the Land Management Policy or the original licence conditions in a manner that could be described as significant non-conformance.
2. Significant problems or controversy associated with the licence.
3. A formal objection has been made to the licence.

Licences that are not renewed will terminate on the licence expiry date.

4. AMENDMENT TO THE TYPE OR INTENT OF LICENCE

Applications to Amend a Licence require payment of the relevant application fee and need to go through the same approval process as all new licence applications (see above). A Licence Amendment is required if:

1. If an activity is planned that is not included in the original licence application e.g. it was originally vegetable growing but keeping poultry is planned.
2. If the boundaries of the licence are to be changed.

5. JOINT AGREEMENTS

Whilst the Licence is personal to the licensee, a Joint Agreement for differing uses, e.g. grazing in forestry areas or free range chickens on grazing areas may be entered into with the consent of the licensee, who is still responsible for all uses. Where the arrangement is short-term i.e. 30 days or less, approval must be sought from the Body Corporate Committee. Where the arrangement is longer than 30 days, the Joint Agreement becomes an amendment to the licence and the approval process is the same as for a licence amendment.

6. SIGNAGE

Licence holders must ensure that the boundaries of their licence areas have clearly visible blue-coloured corner markers and a notice identifying the type of licence and the licence number.

7. FENCES

The location of any proposed fences shall be shown in the licence application. Electric fencing must be clearly marked to the satisfaction of the Body Corporate committee or its representative. Barbed wire is not to be used in the construction of any fences on common land unless it is needed to control cattle or other specific animals. Where a fence is erected by a licensee, the maintenance of the fence is the responsibility of the licensee. Where a Body Corporate fence forms part of the boundary of a licensed area any maintenance that is not commensurate with normal ‘wear and tear’ will be at cost to the licensee. Where the licensee wishes to make any attachments to a Body Corporate fence, the attachment is at cost to the licensee. The Body Corporate is liable for the maintenance of that portion of the fence provided that the maintenance required is such that no attachment has been made. Allother costs are the licensees.

8. WATER USE ON LICENCES

8.1 Any use of water as part of a licence must be applied for in the licence application.

8.2 If the water is to be used for irrigation or stock and taken directly either from the creeks or river, a dam or bore, the estimated volume of water to be used from these sources is to be clearly laid out in the application, with a process for monitoring to be outlined.

8.3 If water for irrigation or stock is taken from the reticulated supply, then once a licence has been approved, a meter must be installed by the user to monitor the volume of water, unless this supply comes directly from the residents’ metered supply. Cost of water usage will be charged quarterly at the going excess rate. By arrangement with the Water Manager, metered water usage can be offset against unused private allocation. Usage above the allocation will then be charged at the going excess rate.

9. SALE OF A LICENCE

A licence can be transferred by sale to another Crystal Waters lot owner or resident. Only Crystal Waters lot owners and residents can enter into a licence agreement to license the use of common land. The licence may include improvements which are saleable.

9.1 Discarded or abandoned improvements will be forfeited to the Body Corporate with no guarantee of compensation.

9.2 Notice of the sale of a licence is to be given in writing to the Body Corporate Secretary within 21 days of the sale having taken place. The Licence transfers on the day of sale and remains valid until the original 5 year licence period is finished. The new licensee must then follow the usual arrangements to have the licence renewed.

10. DISCONTINUED LICENCES

It is the responsibility of the licensee to give notice to the Body Corporate that a licence is no longer required. Once notice is given, the licence area will be inspected by the Body Corporate Committee, or its appointee, to verify that the licence area has been left in good condition. If a licensee fails to notify the Body Corporate of the discontinuation of a licence this would normally become obvious when the licence was due for renewal. If a licence holder discontinues residency of Crystal Waters, this will be taken as an indication that use of the licensed area is being discontinued unless the Body Corporate is notified of a licence sale. At this time the Body Corporate committee, or its appointee, will verify that the licence area has been left in good condition. If the Body Corporate incurs costs in returning the licensed area to a good condition, the licence holder shall be held financially responsible for these costs.

11. OBJECTION TO THE MANNER OF LAND USE BY A LAND USE LICENCE HOLDER

11.1 OPPORTUNITY TO OBJECT

An objection to the manner in which a land use licence holder is making use of the land under license can be made at any time by a Crystal Waters Body Corporate member.

11.2 GROUNDS FOR OBJECTION

Grounds for objection are;

• A failure by the Land Use Licence holder to conform to the Land Management Policy.

• A significant variation from the original licence application submitted by the licence holder.

• Unforeseen consequences of Land Use resulting in negative impact on other residents or the

environment.

11.3 OBJECTION PROCESS

A person wishing to raise an Objection must contact the Land Manager and explain the nature of the Objection.

1. The Land Manager will investigate and make a determination as to the legitimacy of the Objection. Subsequently, the Land Manager will either:

1. Discuss and agree with the Licensee, actions to resolve the Objection
2. Inform the Objector that the Objection has been assessed as not having substance and the reasons.

2. In the event that no satisfactory outcome is obtained following discussions with the Licensee, the Land Manager shall refer the matter to the Body Corporate Committee.

3. If the Objector is dissatisfied with the outcome following the Land Manager’s actions, they may submit a written Objection to the Committee.

4. In the event that the Objection is referred to the Committee, the Committee shall:

1. Investigate the issue
2. Make a determination as to the required action
3. If required, issue an instruction to the Licensee informing them of the Committee’s findings in relation to the objection and requesting the appropriate corrective actions
4. Continue in this manner until the Objection is resolved or it is deemed that further progress is unlikely.

5. In the event that Committee deems that a satisfactory resolution of the objection has not been reached and further progress is unlikely the Committee may:

1. Advise the Licensee that they have failed to adequately respond to the Objection.
2. Submit a motion at the next General Meeting of the Body Corporate to cancel the Licence.

12. RESPONSIBILITIES OF A LAND USE LICENCEHOLDER TO MAINTAIN THE LICENSED AREA

12.1 Where a licensed area has not been maintained for 12 months or more, where efforts have been made to rectify the situation with the Licence Holder, a Portfolio Manager, the Committee or a resident may apply to have the licence cancelled by a Special Resolution to a General Meeting.

12.2 Where a Lot Owner holding a Land Use Licence is planning to be permanently absent from the property for 6 months or more, it is incumbent upon the Licence Holder to appoint a custodian to oversee the licensed area. The Licence Holder must inform the BCC in writing of any arrangements thereof within the initial 6-month period. Failure to do so may incur maintenance costs approved by the Committee.

13. Licence fee schedule: