Application
Not applicable.
Prerequisites
Not applicable.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Determine acquisition/ withdrawal strategy | 1.1 Land is identified/located and legislation, policy and procedures relating to the acquisition/withdrawal of interests in the land are accessed and requirements confirmed. 1.2 A historical and land use search is conducted to determine the most suitable acquisition/withdrawal strategy. 1.3 Method and process for acquisition/withdrawal are determined in accordance with organisational policy and procedures . 1.4 The urgency with which the process is required to be completed is assessed and factored into the acquisition strategy. 1.5 Interested parties are identified and consulted in accordance with legislative and organisational requirements. 1.6 Submissions, documentation, reports and briefings are prepared relative to the proposed acquisition/withdrawal in accordance with organisational standards, and delegate approvals are obtained/granted. |
2. Undertake negotiated acquisition/ withdrawal | 2.1 Where negotiations are undertaken for an acquiring authority, instructions, indemnification and funding are received prior to commencement of negotiations. 2.2 Negotiations are undertaken diligently/in good faith as required by legislation in accordance with organisational limits for negotiations. 2.3 Contracts, registration documentation and clearances are arranged and a notification is lodged in accordance with organisational policy and procedures. 2.4 Proceedings are documented in accordance with organisational policy and procedures. 2.5 Where a negotiated agreement cannot be reached, support and information are provided for the organisation to proceed to compulsory acquisition/withdrawal. |
3. Undertake compulsory acquisition/withdrawal | 3.1 The type of compulsory acquisition/withdrawal is identified. 3.2 Confirmation that negotiated acquisition/withdrawal was diligently attempted is obtained. 3.3 Notice/s of intention for compulsory acquisition/withdrawal are prepared in accordance with legislation, policy and procedures. 3.4 Procedures for dealing with objections are identified and used. 3.5 Advertisement and registration documentation are prepared and presented in accordance with organisational standards. |
4. Process notifications | 4.1 Notice of intention is lodged in accordance with organisational policy and procedures. 4.2 Issues are identified for which expert advice and consideration are required. 4.3 Valuation, survey, planning or legal advice is obtained as required. 4.4 Parties to the acquisition/withdrawal are consulted as required. 4.5 A report is prepared and submitted in accordance with organisational protocols and delegations. |
Required Skills
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, regulations, policies and practices relating to public land management in general and land acquisition/withdrawals in particular undertaking historical tenure and land use search generating documents to organisational standards writing reports requiring formality of language and structure lodging acquisition documents consulting and negotiating with diverse stakeholders including Aboriginal people and their legal representatives responding to diversity, including gender and disability applying public sector legislation including occupational health and safety and environment in the context of land acquisition/withdrawals |
Knowledge requirements Look for evidence that confirms knowledge and understanding of: legislation, policies and procedures relating to public land administration, land management and development legislation, policies and associated protocols relating to land acquisitions principles of natural justice and administrative law in relation to dealing with affected parties methods and approaches to acquisition valuation, property and town planning issues negotiation and consultation methods to suit a diverse range of stakeholders delegations and approval processes public sector legislation including occupational health and safety and environment in the context of land acquisition/withdrawals |
Evidence Required
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: PSPETHC501B Promote the values and ethos of public service PSPGOV503B Coordinate resource allocation and usage PSPGOV504B Undertake research and analysis PSPGOV505A Promote diversity PSPGOV507A Undertake negotiations PSPGOV508A Manage conflict PSPGOV517A Coordinate risk management PSPLEGN501B Promote 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) land acquisition/withdrawals undertaken in a range of (2 or more) contexts (or occasions, over time) |
Resources required to carry out assessment | These resources include: legislation, policy, procedures and protocols relating to land acquisition/withdrawals case studies and workplace scenarios to capture the range of situations likely to be encountered when undertaking land acquisitions/withdrawals |
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 land acquisitions/withdrawals, including coping with difficulties, irregularities and breakdowns in routine land acquisition/withdrawals undertaken in a range of (2 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 |
Range Statement
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. | |
Legislation, policy and procedures may include: | legislation related to public land administration public sector legislation such as equal employment opportunity, anti-discrimination, diversity, occupational health and safety privacy legislation and freedom of information public sector standards jurisdictional and organisational code/s of practice and code/s of ethics organisational standards industry standards |
Interests in land may include: | freehold interest leasehold interest easement native title interest |
Acquisition/withdrawal strategy may include: | compulsory: taking negotiated surrender land exchange withdrawal under lease conditions |
Organisational procedures may be: | regulatory requirements industry practices manual or electronic applications |
Organisational procedures may be specified in: | office practice guidelines workplace notices computer training manuals |
Interested parties may include: | traditional owners native title applicants legal representatives Aboriginal people with an interest in an area representative bodies State/Territory/Federal governments private developers private land owners National Native Title Tribunal community interest groups Local Governments public |
Type of compulsory acquisition/withdrawal may be: | public works urban sites non-urban sites rural leases |
Organisational standards may be: | industry standards, such as land titles office standards |
Issues may include: | valuation survey planning compensation legal matters technical issues native title issues Aboriginal heritage issues |
Sectors
Not applicable.
Competency Field
Public Land Administration.
Employability Skills
This unit contains employability skills.
Licensing Information
Not applicable.