FAQs

• This policy applies to all agreements for Council owned or managed land, entered into from the date the policy is adopted. This will include all expired agreements when they are renewed and agreements for new occupancies (including if you had an agreement for a space but have since moved to a new space). 
• If you do not have a current agreement for the space that you are occupying, this policy will apply to your new agreement. 
• If you have an expired agreement and are still occupying the same space, the terms of your expired agreement will apply until a new agreement is entered into (this is called "overholding", and your agreement is in "overholding", which means the old terms continue to apply).
• If you have an agreement that does not expire until a future date, this policy (or a future version) will apply when you enter into the new agreement.
• If you have an agreement that has the option for further terms, this policy will not apply to any further terms specified in that agreement. The further terms will continue to be covered by the terms of your current agreement. When the time comes for a new agreement to be entered into (that is not covered by the existing agreement), this policy (or future version) will apply.

This policy update will not impact occupiers of facilities with a Community Asset Committee nor DEECA land where there is a Committee of Management that reports directly to DEECA. If your community group usually deals with either of these types of committees, you should continue to do so and any occupancy arrangements you have with those committees will not be affected by this policy.

The current policy has been in effect since 2019. Since this time, there have been a number of changes to legislation and the context in which Council operates. As a result of changes that occurred during to the coronavirus pandemic (and in particular, concessions that were granted during this time), the current policy is no longer fit for purpose. The new policy reflects these changes and otherwise aims to clarify the policy and how we are going to manage our occupancy agreements moving forward.

There are really only two changes between the old policy and the new policy - a move to a model based on a "user pays" concept and changes to update the policy with legislative changes and make the policy clearer.

At present, Council does not have enough space in its facilities to meet the demand from community groups for their activities.

The new policy is based on a "user pays" model as it is unsustainable for Council to continue subsidising the occupation of Council assets to the extent that it has been. Council has an obligation to govern in the interest of all constituents and cannot continue to allocate the same level of resources to enterprises that benefit subsections of the community (as opposed to the community on the whole).

A "user pays" approach will encourage community groups to co-locate where possible to reduce costs, with the aim of ensuring that all community groups have access to Council property for their activities.

Based on a "user pays" model, Council will be implementing a full cost recovery from commercial occupants on standard commercial terms. This means market reviews will be implemented regularly, and subject to legislation, the tenant will be liable for costs and maintenance responsibilities.

The community group rent amount structure has been retained. Community groups will be required to provide governance documents to show they meet the criteria for a Council supported rent amount (i.e. lower rent than commercial/market rent), and to provide certainty as to who committee members are and the appropriate people for Council to be liaising with on behalf of community groups.

Community groups who are the sole occupant of their spaces will be expected to take full responsibility of that space and will be responsible for maintenance and maintenance costs.

Community groups who share their spaces will be expected to contribute to the cost of maintaining those spaces.

All groups will be responsible for payment of their share of all services, utilities and consumables.

Community groups that are currently the sole occupants of their space are invited to review their usage and consider sharing the space with other groups to assist lowering costs for all groups using the space.

Under the majority of existing occupancy agreements, Council has the ability to recover the costs outlined above. For various reasons, this has not been happening. While we are introducing the new policy, we are taking this opportunity to rectify the way our current agreements are implemented. This means that we will be seeking to recover costs that are not currently being recovered. This includes both rent/licence fees and the cost of outgoings as noted in existing occupancy agreements.

The new policy will only apply to agreements entered into moving forward and current agreements will be governed by the terms contained in those agreements. The terms and conditions contained in all existing agreements will continue to apply until a new agreement is entered into. 

Current agreements with an option for a further term will also be governed by their current terms until the end of the further term (where the option for those further terms is exercised) and will not be affected by the new policy.

All occupancies will continue to be covered by the terms of their existing agreements. This policy addresses what the terms will be for future occupancy agreements.

Council is open to working with community groups that cannot afford the applicable occupancy costs. We recognise the hard work that our community groups and their volunteers put in and the many benefits this brings both to the members of those groups and the wider Wangaratta community.

If, at any stage, your group is unable to meet the costs of your occupancy, we encourage meeting with Council at your earliest opportunity to discuss options for Council support.

We are in the process of establishing a fee subsidy policy, which will apply to occupancy costs for community groups. Under this policy, you will be able to formally apply for a subsidy to assist with meeting the costs of your occupation. Each subsidy request will be reviewed on its merits and within the context of the operation of each community group. This means that rather than there being a set amount that every agreement is subsidised, we will look at the overall health of your individual club and work with you to provide assistance to ensure the ongoing sustainability of your group into the future.

A lease is an agreement for exclusive occupancy of a property, whereas a licence grants a non-exclusive right of access/use.

Occupancy costs are the costs that are payable under the occupancy agreement (for example, a lease or licence). Under the new policy, this includes:

1. Initial costs/one-off costs:
   • Security deposit/bond
   • Lease preparation costs (if applicable)
   • Transfer or assignment costs
2. Rent 
3. Outgoings (costs incurred in relation to the administration, management and operation of the property):
   • Services - heating/cooling, cleaning, pest control, waste collection, lighting, landscape and garden care/maintenance, security, fire safety prevention, detection and control, essential safety measures
   • Insurance
   • Maintenance and repairs 
   • Rates and taxes
   • Utilities - water, electricity, gas
   • Sportsground maintenance (these costs are currently under review and more information will be provided on these costs in due course)

Overholding (also known as "holding over") refers to the period between the expiry of an occupancy agreement and a new agreement commencing. Most occupancy agreements with Council provide for an overholding period at the end of a lease. Usually, this clause will be worded along the lines of "If the Tenant remains in occupation at the end of the Term, without objection by the Landlord, the Tenant will be deemed a tenant on the terms of this Lease from month to month and either party may end the Lease by giving one months' notice".

This community engagement process will remain open for three weeks, until 22 June 2026. During this time:

1. You can have your say by completing the survey linked at the bottom of this page.
2. Members of community groups are invited to hear more about the policy by attend one of the scheduled pop-up sessions:
   • 6pm on Tuesday, 16 June 2026 at the Wangaratta Library Community Room
   • 6pm on Wednesday, 17 June 2026 at the HP Barr Reserve Community Centre
3. Community groups who would like to discuss their specific circumstances are invited to contact the relevant Council officer to schedule a time to meet. Our Community and Recreation team can be contacted at recreation@wangaratta.vic.gov.au.

After this time, the feedback will be considered and policy finalised.

You can be kept up to date on the developments of this policy by signing up for further communications when completing the survey.

You can have your say by completing the survey linked at the bottom of this page.

Alternatively, members of community groups are invited to hear more about the policy by attend one of the scheduled pop-up sessions:

1. 6pm on Tuesday, 16 June 2026 at the Wangaratta Library Community Room
2. 6pm on Wednesday, 17 June 2026 at the HP Barr Reserve Community Centre

Community groups who would like to discuss their specific circumstances are invited to contact the relevant Council officer to schedule a time to meet. Our Community and Recreation team can be contacted at recreation@wangaratta.vic.gov.au.