PROPERTY & LEASING
The following documents have been assembled to assist you in applying for a new lease at Falls Creek Alpine Resort.
LEASE DOCUMENT & APPLICATION FORM
The lease document provides the draft terms and conditions, subject to Board, Crown Land Management and Ministerial approvals of the commercial terms. The commercial terms will be defined once your Application and Business Plan have been approved. Contact the Director of Economic Development for a copy of the Lease Document.
LEASING IMPLEMENTATION POLICY
The Leasing Implementation Policy came into effect on the 24th October 2002. The policy explains the leasing principles and procedures while providing a consistent framework for the leasing of Crown land in alpine resorts by current and new site holders.
Every current site holder in Falls Creek Alpine Resort now has the opportunity to surrender the existing lease and enter into a new lease specifically developed to embrace the new policy.
Importantly, the leasing principles have been expanded to enhance crown land tenure in Falls Creek Alpine Resort, drive superior building standards and as lease holders, provide you with more options to attract, improve and grow business, development and investment opportunities.
FREQUENTLY ASKED QUESTIONS
PROPERTY & LEASING WORKSHOP
Falls Creek Alpine Resort Management Board conducted a Property and Leasing Workshop information session on Monday 26th November 2012 at the Tivoli Club Melbourne.
Presentations and information were provided by:
- Falls Creek Resort Management: David Herman (CEO) & Mark Lucey (Property & Leasing Manager):
- New Leases and Leasing Process. Ben Derrick (Natural Resources Manager): Vegetation and Site Management.
- Bruce Howie (Municipal Building Surveyor): Building Code of Australia requirements and CFA Bushfire Risk Assessment requirements.
- Ben Howells (Alpine Planning Unit Team Leader, Department of Planning and Community Development): Planning process.
DESIGN AND SITING GUIDELINES
Falls Creek Resort Management is committed to managing its operations in a manner that minimises environmental impacts and maintains the natural values of the Alpine Resort environment. These Guidelines have been prepared to supplement the statutory regulations in force.
Fire Orders must be displayed in a suitable location near or on the rear of the main entrance door of each bedroom (for lodge style accommodation) or near or on the rear of the main entrance door of an apartment (for apartment style accommodation), be clearly marked “Fire Orders” and the plan must be correctly orientated to minimize confusion in the case of emergency. Fire Orders must explain:
- a. the method of operation of all call points and the location of all call points if installed
- b. the location and methods of operation of all firefighting equipment
- c. the location of all exits and the assembly point at which the building occupants are to meet
- d. the procedure for evacuation of the building
- e. emergency services contact details such as the 000 number to be listed indicating that this is the number to call for fire, ambulance or police assistance.
In response to Victoria's devastating bushfires, the Victorian Government has introduced a new residential standard for building. Falls Creek Resort Managements Municipal Building Surveyor has recently re-assessed the Bushfire Risk Assessment Policy in light of the new requirements.
FEE SCHEDULE FOR BUILDING SERVICES
Falls Creek Resort Management (FCRM) is charged with the responsibility for administering leasing obligations under the Alpine Resorts (Management) Act 1997 and the administration and enforcement of parts 3, 4, 5, 7 and 8 of the Building Act 1993.
FCRM provides building services, through contracted arrangements with Alpine Building Surveying Services. The cost of this service has previously been on-charged to lessee’s at a per hour rate of the Building Surveyors time.
Following on from feedback received, FCRM propose to implement a transparent fee schedule for all lessees’ that will provide an indication of the minimum charge applicable to works undertaken by the Municipal Building Surveyor, on properties and buildings within Falls Creek. This will assist in informing you of the cost to expect for works undertaken.
Charges applicable to Lessees can be separated into three main components:
- New Lease report requirements,
- Major and minor development works, and
- General building and maintenance works.
BUSINESS PLAN TEMPLATE
This business plan should provide current and future information to Falls Creek Alpine Resort Management Board for the specified purpose, to allow a proper and calculated evaluation of your business or organisation.
This Business Plan template is a guide only, with numerous suggestions and examples. The plan is designed to assist operators in a systematic and strategic approach to achieving objectives. The level of detail required will be dependent upon the specific site and on proposed use and lease terms and conditions being requested.
STREET ACTIVATION POLICY
Falls Creek's unique Village characteristics provide an ideal opportunity to create a vibrant atmosphere through structured street activation on an all seasons basis.
Falls Creek Alpine Resort Management Board has established a structured Street Activation Policy that complements existing businesses in the Resort and offers an opportunity for a wider range of services/activities to create memorable experiences in Falls Creek's unique ski-in ski-out Village.
VEGETATION & WEED MANAGEMENT POLICY
The Objective of the Policy is to preserve biodiversity and maintain and enhance the environment for flora and fauna through appropriate species and habitat protection and the management of threatening processes.
A Landscape Management Plan in accordance with the Vegetation and Weed Management Policy is required as part of all new lease applications. The report is required to identify and outline removal procedures for any exotic species on the site and replacement with local provenance native species where appropriate and to ensure appropriate management of the existing native vegetation. Due to the environmental sensitivity of the Falls Creek Resort, effective weed control and revegetation programs are key steps in ensuring effective vegetation management within the Resort. The Landscape Management Plan should include the following:
1. Report outlining:
a. The existing site conditions including a list of the native and exotic vegetation.
b. The proposed Vegetation Management plan for the next 5 years, Schedule of planting process...ie, what plants and when.
2. Plan showing proposed planting location at either 1:100, 1:200 or 1:400
Please see below a list of consultants that can complete a Landscape Management Plan and undertake the associated works:
0418 579 331
STAMP DUTY ON ALPINE LEASE TRANSACTIONS
Falls Creek Resort Management have recently sought advice from the State Revenue Office concerning the recent changes to the Duties Act 2000 which impose stamp duty on certain lease transactions and confirm as follows:
1. The initial grant of an alpine lease is a grant by the Crown and subsequently, exempt from stamp duty under section 51 of the Duties Act.
2. The surrender of such a lease to the Board will be exempt from duty under section 47 of the Duties Act - i.e. the Board represents the Crown and no duty is chargeable in respect of a transfer of dutiable property to the Crown.
3. Conditions in a lease requiring a tenant to undertake work and improvements on the leased property will not be treated as "consideration" for the grant of a lease where the improvements remain the property of the tenant.
On this basis, The Board will continue to negotiate with stakeholders on a surrender and re-grant basis, safe in the knowledge that the tenant will not be required to pay stamp duty upon the grant of a new lease.