Property Acquisition - Procedures | UniSC | University of the Sunshine Coast, Queensland, Australia

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Property Acquisition - Procedures

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Approval authority
Vice-Chancellor and President
Responsible Executive member
Chief Operating Officer
Designated officer
Director, Facilities Management
First approved
21 December 2023
Last amended
21 December 2023
Review date
21 December 2028
Status
Active
Related documents
Linked documents

1. Purpose of procedures

1.1 These procedures outline the process and approvals required to acquire property on behalf of UniSC, including leases, licenses, and outright purchases.

1.2 The purpose of these procedures are to ensure that all property acquisitions are conducted in a transparent, efficient, and cost-effective manner, while aligning with the strategic objectives and financial capabilities of the University.

1.3 This policy document must be read in conjunction with the linked Space Management - Operational Policy and Space Management – Procedures.

2. Scope and application

2.1 These procedures apply to all property acquisitions undertaken by UniSC and involves any lease, license, or outright purchase of property for University use. It applies to all University employees, departments, and units involved in the property acquisition process.

3. Definitions

3.1 Refer to the University’s Glossary of Terms for definitions as they specifically relate to policy documents.

Lease means an agreement granting temporary possession or use of a property in exchange for periodic payments and which provides for exclusive use.

License means a legal permission or authority granted by the property owner for the university to use a specific portion of their property for a specific purpose and which is provided with the understanding that the Licenced space is non-exclusive use.

Outright purchase means the complete acquisition of a property through a direct monetary transaction.

Property means any real estate or immovable asset, including land, buildings, or any other physical structure.

4. Procedures

4.1 Property acquisition objectives

4.1.1 UniSC will acquire property when necessary to support its strategic objectives, academic mission, research activities, student services, or other university functions, subject to financial feasibility and the availability of resources.

4.2 Acquisition methods

4.2.1 UniSC can acquire property through leases, licenses, or outright purchases, based on a thorough assessment of the specific needs, financial implications, and legal requirements associated with each method.

4.3 Approval authority

4.3.1 Property acquisitions must follow the approval hierarchy outlined below:

4.3.1.1 Director, Facilities Management

(a) reviews all proposed property acquisitions, whether by lease or purchase, and assess their feasibility, suitability, and compliance with the UniSC infrastructure requirements and standards; and

(b) provides a recommendation for approval or rejection to the Chief Operating Officer (COO).

4.3.1.2 Chief Operating Officer (COO)

(a) makes recommendations to the CDSGC for all property acquisitions;

(b) considers the recommendation of the Director Facilities Management and makes a decision based on strategic alignment, financial considerations, and any legal or regulatory requirements, for CDSGC consideration.

4.3.1.3 Campus Development and Space Governance Committee (CDSGC)

(a) endorse all space allocation, capital project works, and property or leasing requests.

4.4 Due diligence

4.4.1 Prior to acquiring any property, UniSC must conduct thorough due diligence to evaluate the suitability, compliance with relevant State and Local Government regulations, potential risks, and financial implications associated with the acquisition.

4.4.2 Due diligence involves legal reviews, building inspections, environmental assessments, financial analysis, and other necessary investigations.

4.4.3 The results of the due diligence process must be documented and considered during the approval process.

4.5 Legal and financial considerations

4.5.1 All property acquisitions must comply with relevant laws, regulations, and policies, including but not limited to:

(a) planning permissions;

(b) zoning restrictions;

(c) environmental regulations; and

(d) financial governance policies.

4.5.2 Adequate funding and resources must be available or secured before committing to any property acquisition.

4.5.3 Legal agreements, including leases, licenses, or purchase contracts, must be reviewed by the UniSC Legal Counsel to ensure compliance and mitigate legal risks.

4.6 Reporting and documentation

4.6.1 A comprehensive record of all property acquisitions must be maintained by the Facilities Management department.

4.6.2 Proper documentation, including approval forms, contracts, due diligence reports, and financial records, must be retained in accordance with Information and Records Management - Procedures.

5. Roles and responsibilities

Position

Responsibilities

CDSGC

The CDSGC has final approval authority for all property acquisitions. Ex-Officio membership includes: VCP, COO, DVC (R&I), DVC (A).

Chief Operating Officer (COO)

Overseeing the implementation and enforcement of this policy, as well as ensuring compliance with legal and financial requirements associated with property acquisitions. The COO will endorse and provide recommendation to the CDSGC on all proposed property acquisitions.

Director Facilities Management

Reviewing and assessing proposed property acquisitions, providing recommendations to the COO, and ensuring that the acquisitions align with the UniSC infrastructure requirements and standards.

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