Hi Lee,
Your Topic heading mentions university whilst your post talks of a public charity, proposing to use the land for educational purposes.
Robert is (IMO) correct re university exemption not applicable under 556 (1) (h) as the land is not “vested” (again IMO).
Looking at possible exemptions under 556 (1) (h) “land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity”;
Presumably the purposes of the leasee/public charity includes “education” – regardless though any exemption here is thwarted by the “belongs to” part as nowhere in the Act can I see that a lease (other than of Crown Land maybe) constitutes “belongs to” (there may be case law somewhere that overrides this view).
I can’t think of any other provisions under which that an exemption could be provided – once it is leased or sold, it ceases to be exempt per the LGA Dictionary definitions of Public Place and Public Land.
FWIW I think it matters not that the leasee has made the request. The Act simply sets out what is/isn’t exempt and I believe its up to Council to apply the provisions based on the information provided to it, regardless of its source.
Its a mute point anyway – so please forgive my ramblings.
Best regards
Darryl
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