ELEMENT

PERFORMANCE CRITERIA

1. Prepare a complex land tenure/ ownership report

1.1 The purpose of the land tenure/ownership report is established.

1.2 The extent of the area of the report is established.

1.3 The information required for the report is gathered.

1.4 Information gathered during the investigation is analysed and interpreted to determine the current land tenure/ ownership of the area.

1.5 The report and accompanying documentation is prepared in accordance to the organisational procedures.

2. Set tenure conditions/covenants

2.1 The need to impose tenure conditions/covenants is established.

2.2 Conditions/covenants are prepared in accordance with organisational policies and procedures.

2.3 Acceptance of conditions/covenants is successfully negotiated with affected parties.

2.4 Final documentation is directed to the appropriate personnel for action.

3. Determine rental

3.1 Information required to determine rental/rebate is gathered.

3.2 Rental determination is made, following organisational procedures.

3.3 Rental is negotiated with applicant in accordance with organisational policy and procedures.

3.4 The information is recorded in accordance with legislation, policy and procedures.

4. Advise on tenure administration

4.1 The scope and type of advice that needs to be provided is established.

4.2 Organisational procedures or standards associated with the advice are identified and explained.

4.3 Advice is supplied that is accurate, current and explained in a manner suited to the person requiring it.

This section describes the essential skills and knowledge and their level, required for this unit.

Skill requirements

Look for evidence that confirms skills in:

interpreting legislation relating to Crown/State land administration and land management

interpreting maps/plans/aerial photos

preparing complex land tenure and ownership reports

determining lease conditions/covenants

determining rent

advising staff and clients on tenure administration

mediating/negotiating rent and/or conditions, covenants, disputes

responding to diversity, including gender and disability

applying public sector legislation such as occupational health and safety, environment, anti-discrimination and diversity in the context of tenure application investigations

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation, policies and procedures relating to Crown/State land administration and land management, including historical background

the different types of organisational records that need to be noted or updated and in what circumstances

regulations and policies relating to tenure administration

land tenure and ownership

departmental delegations

public sector legislation including occupational health and safety and environment in the context of tenure application investigations

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Pre-requisite units that must be achieved prior to this unit:Nil

Co-requisite units that must be assessed with this unit:Nil

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:

PSPETHC401A Uphold and support the values and principles of public service

PSPGOV403B Use resources to achieve work unit goals

PSPGOV406B Gather and analyse information

PSPGOV408A Value diversity

PSPGOV422A Apply government processes

PSPLEGN401A Encourage compliance with legislation in the public sector

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

the knowledge requirements of this unit

the skill requirements of this unit

application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)

tenure application investigations undertaken in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, policy, procedures and protocols relating to tenure application investigations

case studies and workplace scenarios to capture the range of situations likely to be encountered when undertaking tenure application investigations

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when undertaking tenure application investigations, including coping with difficulties, irregularities and breakdowns in routine

tenure application investigations undertaken in a range of (3 or more) contexts (or occasions, over time)

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

case studies

portfolios

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace and/or training courses

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.

Land tenure/ownership report may be for:

land authorities/boards or equivalent structures

land managers

extinguishment of native title

breach of conditions

obtaining a legal opinion

refusal/recommendation of an application

determining the type of tenure

Organisational procedures may be specified in:

procedures manual

office practice guidelines

workplace notices

computer training manuals

Organisational procedures may include:

regulatory requirements

industry practices

manual or electronic applications

Tenure conditions/covenants may include:

access

clearing

community use

conservation

cultivation

extraction

grazing

insurance indemnity

lease and development conditions

limitations of use

multi use

preservation

rental

royalties

services

sub-leasing

subdivision

term of tenure

water access

Preparation of conditions/covenants may include:

drafting

setting by standard tenure documentation

selecting additional conditions from a standard list

having drafting completed by legal personnel

site specific conditions

compliance with legislation

Rental may be:

calculated

determined after referral to licensed valuer, Valuer General etc

charitable organisations

commercial

community purposes

concessional

government-held tenures

industrial

non-commercial

public utilities

residential

rural

Legislation, policy and procedures may include:

legislation related to Crown land, State land or public land administration, in particular Commonwealth Native Title Act 1993, regulations, and Wik amendments

public sector legislation such as equal employment opportunity, anti-discrimination, diversity, occupational health and safety

privacy legislation and freedom of information

public sector standards

organisational standards

quality standards

jurisdictional and organisational code/s of practice and code/s of ethics

Organisational standards may include:

industry standards

land titles office standards

Advice on tenure administration may include:

interpretation of legislation

survey matters

tenure conditions and covenants

plan approval and registration

departmental policy

waiver of land assessment

waiver of fees

explanation of processes and policies

royalty rates for extractive industries

enclosure permits

conversions

lease/licence termination