Page 2453 - Week 08 - Thursday, 6 June 2013

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(2) The current lease expires on 30 April 2014. There are two one year options that can be exercised at the Territory’s discretion to extend the tenancy. If both are exercised this would extend the tenancy term to 30 April 2016. The discretion by the Territory will ensure that the tenancy does not delay the redevelopment of the site.

(3) TBCC first approached the Government about developing on another site after it failed to purchase land in Yarralumla in 2006, on which it was outbid.

Most recently TBCC has suggested that a rear portion of the current site could be redeveloped for the child care centre. The excision of a portion of the site may affect the development potential of the whole site.

In addition to this proposal TBCC has previously negotiated with the St James Uniting Church in Curtin about the potential to develop a child care centre on its underutilised site. The St James site is an old concessional lease which has not been developed fully. St James wanted to deconcessionalise its lease which would enable it to negotiate a sale to TBCC.

(4) As above. The suggestion made by the centre would require a parcel of land to be directly sold to TBCC. The direct sale process is the mechanism whereby a lease of land can be granted to an organisation without the need for a competitive process. This process is most often used to facilitate access to land to support community based organisations or commercial projects which provide significant public benefits. As a commercial for-profit entity it is expected that TBCC will purchase land and/or a premises on the open market. TBCC has been advised on numerous occasions that the Territory is unable to assist it in securing vacant unleased land for profit entities.

(5) The proposal to purchase an unused portion of the St James site was not supported as it was considered that as St James was granted its lease for less than market value, any unwanted land should be returned to the Territory.

(6) As a commercial for-profit business it is expected that TBCC will purchase land and/or buildings through a competitive process. There exists no mechanism for the Territory to assist a commercial entity with a direct sale unless it can satisfy the Executive that it provides a benefit (economic, employment etc) not available in the ACT as a competitive process.

(7) No, there were no advanced negotiations.

(8) Refer point 5.

(9) The Government suggested that TBCC seek to purchase land competitively. In response, in April 2012 TBCC entered into a contract to purchase land in Hume for the purpose of establishing a childcare centre. The Crown lease permitted the land for that purpose, however, subsequent discussions with the Environment and Sustainable Development Directorate found that a child care centre could not be supported in that location. As a result the cost of the land and legal fees were reimbursed to the purchaser. EDD did draw the forthcoming auction at Macarthur to TBCC’s attention, at which it was the successful bidder.

(10) The Government has not negotiated the offer of an alternate site to TBCC.

(11) The Government is not aware of a request from the operators for an extension to its current lease.


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