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LAND DEVELOPMENT AGENCY Annual Report 2009–10

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Page 1: Annual Report 2009-10 - Suburban Land Agencysuburbanland.act.gov.au/.../Annual_Report_2009_10.pdfLAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10 GLOSSARy Term Deinition englobo unserviced

lAnd development Agency

Annual Report 2009–10

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ISBN: 978-0-642-60540-5

© Australian Capital Territory, Canberra 2010

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Territory Records Office, Community and Infrastructure Services, Territory and Municipal Services, ACT Government, GPO Box 158, Canberra City ACT 2601.

Produced by Publishing Services for the Land Development Agency

Enquiries about this publication should be directed to: Land Development Agency Street address: Level 6 TransACT House 470 Northbourne Ave DICKSON ACT 2602

Postal address: Land Development Agency GPO Box 158 CANBERRA ACT 2601

Telephone (02) 6205 0600

Job No 10/1122

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Table of contents Transmittal Certificate iTable of Contents ii Glossary iii Abbreviations iii

A1 THE ORGANISATION 2A2 – A4 OvERvIEW, HIGHLIGHTS AND OuTLOOK 8A5 MANAGEMENT DISCuSSION 15 A6 FINANCIAL REPORTS 25

(Land Development Agency, Crace Joint venture, Forde Joint venture and Woden Green Joint venture)

A7 STATEMENT OF PERFORMANCE 167 A8 STRATEGIC INDICATORS 179 A9 ANALySIS OF AGENCy PERFORMANCE 179 A10 TRIPLE BOTTOM LINE REPORT 183

B1 COMMuNITy ENGAGEMENT 187 B2 INTERNAL AND EXTERNAL SECuRITy 188 B3 LEGISLATIvE ASSEMBLy COMMITTEE INQuIRIES AND REPORTS 188 B4 LEGISLATIvE REPORT 190

C1 RISK MANAGEMENT AND INTERNAL AuDIT 192 C2 FRAuD PREvENTION 193 C3 PuBLIC INTEREST DISCLOSuRE 193 C4 FREEDOM OF INFORMATION 194 C5 INTERNAL ACCOuNTABILITy 198 C6 HR PERFORMANCE 205 C7 STAFFING PROFILE 207 C8 LEARNING AND DEvELOPMENT 211 C9 WORKPLACE HEALTH AND SAFETy 213 C10 WORKPLACE RELATIONS 214 C11 STRATEGIC BuSHFIRE MANAGEMENT PLAN 215 C12 STRATEGIC ASSET MANAGEMENT 216 C13 CAPITAL WORKS 218 C14 GOvERNMENT CONTRACTING 221 C15 COMMuNITy GRANTS/ASSISTANCE/SPONSORSHIP 235 C16 TERRITORy RECORDS 235 C17 HuMAN RIGHTS ACT 2004 236 C18 COMMISSIONER FOR THE ENvIRONMENT 237 C19 ACT MuLTICuLTuRAL STRATEGy 237 C20 ABORIGINAL AND TORRES STRAIT ISLANDER REPORTING 238 C21 ECOLOGICALLy SuSTAINABLE DEvELOPMENT 238 C22 ACT WOMEN’S PLAN 2010-2015 242 C23 MODEL LITIGANT GuIDELINES 243

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

GLOSSARy

Term Definition

englobo unserviced land released to the private sector for servicing and sale. Individual serviced dwellings released by englobo release become available for purchase over subsequent years

greenfield New residential area

joint venture Partnership between the LDA and the joint venture partner to release serviced dwelling or multi-unit sites for dwellings

raw land unserviced land

riparian Relating to the river

ABBREvIATIONS

ACTPLA ACT Planning and Land Authority

ACTPS ACT Public Service

ANu Australia National university

AWAs Australian Workplace Agreements

BAZ Bushfire Abatement Zone

BOP Bushfire Operational Plan

CEO Chief Executive Officer

CHC Community Housing Canberra Ltd

CIC CIC Australia

CIO Chief Information Officer

CFO Chief Financial Officer

CMD Chief Minister’s Department

CNG compressed natural gas

CO2-e carbon dioxide emissions

DA Development Application

DECCEW Department of the Environment, Climate Change, Energy and Water

DEWHA Department of Environment, Water, Heritage and the Arts

DHCS Department of Disability, Housing and Community Service

DHA Defence Housing Australia

EA Enterprise Agreement

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

EAP Employee Assistance Program

EDP Estate Development Plan

ESA Emergency Services Authority

FMA Financial Management Act 1996

FOI Freedom of Information

FTE full-time equivalent

GFC Global Financial Crisis

HIA Housing Industry Association

HR Human Resources

IPS IPS Worldwide

ITC Information Technology and Communications

JACS Department of Justice and Community Safety

LAPS Department of Land and Property Services

LDA Land Development Agency

LPG liquid petroleum gas

LRP Land Release Program

MBA Master Builders Association

MOu Memorandum of understanding

OHSRAC Occupational Health, Safety and Rehabilitation Advisory Committee

OSCAR Online System for Comprehensive Activity Reporting

PDA Planning and Development Act 2007

PSM Public Sector Management

PSMA Public Sector Management Act 1994

PTE Public Trading Enterprise

RMP Records Management Plan

SBMP Strategic Bushfire Management Plan

SEA Special Employment Arrangement

SOI Statement of Intent

SSC Shared Services Centre

TAMS Department of Territory and Municipal Services

TRA Territory Records Act 2002

WCC Workplace Consultative Committee

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

WhoG Whole of Government

WHSC Workplace Health and Safety Committee

WHS Workplace Health and Safety

WSR Workplace Safety Representative

WSuD Water Sensitive urban Design

yPN young Professional Network

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

SEC

TIO

N A

Section A

Performance and Financial Management Reporting

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A1 THE ORGANISATION

The Land Development Agency (LDA) is the ACT Government agency responsible for the development and release of ACT Government owned land for residential, commercial, industrial and community purposes. In this role it operates at the boundary of commercial and public sector activities. It seeks to balance potentially competing priorities and package opportunities for private sector development to maximise the return to the ACT Community from its land assets.

In the discharge of its responsibilities, the LDA is a:

• key contributor to the development of government policies and strategies relating to land release and development, improving housing affordability, enhancing the sustainability of the ACT community and related matters;

• major supplier of raw land for development and individual serviced sites for building activities, for private sector developers, builders, households and businesses;

• significant consumer of construction, consultancy, professional and other services from private sector suppliers;

• partner with other ACT Government agencies, industry associations and community groups and private sector organisations in the pursuit of common objectives for land supply and development;

• tool for the delivery of the ACT community’s aspirations for high quality, sustainable living environments; and

• significant source of funding to the ACT Budget.

LEGISLATION

The LDA is a Territory authority established by Section 31 of the Planning and Development

Act 2007 (PDA). While the LDA does not administer any enactments, it is bound by Chapter 4 of the PDA.

The PDA provides for planning (ACT Planning and Land Authority (ACTPLA) as custodian of the Territory Plan: Chapter 5, PDA) and development (the LDA as land developer in compliance with the Territory Plan) in implementing a land system that contributes to the orderly and sustainable development of the ACT.

The LDA governing Board was established by Section 42 of the PDA and Board members are appointed under that section. The role of the Board is to govern the LDA in accordance with the Financial Management Act 1996 (FMA) and the PDA.

The Board has appointed a Board Audit Committee which meets at least quarterly.

The LDA must also comply with any directions given to it by the Minister under Section 37 of the PDA and is staffed under the Public Sector Management Act 1994 (PSMA).

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

The Chief Executive Officer (CEO) of the LDA holds all the powers of a CEO of a territory instrumentality under the PSMA. The CEO is a statutory office holder appointed under the FMA and is a member of the LDA Board. The role of the CEO is to manage the LDA in accordance with governance arrangements determined by the LDA Board.

In December 2009, the Department of Land and Property Services (LAPS) was established absorbing several functions from the Chief Minister’s Department (CMD), the Department of Territory and Municipal Services (TAMS), as well as portfolio responsibility for the LDA.

MISSION

The LDA will contribute positively to the economic and social development of the ACT by building vibrant and sustainable communities through greenfield and urban renewal projects for the development of residential, commercial and industrial land.

vISION

The LDA strives to be an organisation of excellence that:

• recognises it is a key instrument for the delivery of Government policies;

• acts commercially;

• promotes and rewards innovation;

• is adaptable;

• behaves ethically and professionally in all that it does; and

• appropriately values its people and its customers.

vALuES STATEMENT

The LDA is committed to the core values of professionalism, honesty, integrity, innovation and cooperation and pursues these values in all its business dealings.

OBJECTIvES

The LDA’s objectives for 2009-10 were specified in the LDA’s Statement of Intent (SOI) for that period, which is prepared in accordance with Section 61 of the FMA each year and agreed between the LDA Board Chair on behalf of the LDA Board, the Minister for LAPS and the Treasurer.

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In delivering the mission, the LDA measured its results against the following objectives in 2009-10:

• delivering the Government’s land release program in the residential, commercial and industrial sectors;

• contributing to addressing key government priorities relating to housing affordability, sustainability and climate change;

• providing a commercial return to the Territory and its investment in the Agency and its business activities;

• continuously improving the LDA’s reputation as an informed source of advice to the Government, other government agencies and the ACT community on land development related issues;

• positioning the LDA in the market as a leading developer of land and communities;

• strengthening relationships with stakeholders, including Ministers and other ACT Government agencies, developers, builders, industry associations and the Canberra community in general; and

• developing the LDA’s capability and the expertise of staff to enable enhanced delivery of LDA’s objectives.

The SOI, focusses on the 2009-10 budget year, and is developed in the context of a four year forward planning horizon to be incorporated, as far as practicable, into the LDA strategic and business planning processes.

The SOI is published each year on the LDA’s website at: www.lda.act.gov.au

The LDA must exercise its functions in accordance with the Territory Plan and the SOI.

STRuCTuRE

During 2009-10 the LDA was organised into five business units:

• Development Division – responsible for advising on and delivering the Government’s residential and industrial land release program, providing a commercial return to the Territory, contributing to the Government’s Affordable Housing Action Plan and positioning the LDA as a market leader through choice, innovation and mutually beneficial stakeholder relationships.

• Planning and Design Division – responsible for commercial land releases and positioning the LDA as a leading developer of land and communities through innovative and sustainable designs, advising on capital works and infrastructure supporting the land release program, advising on options for housing choices and scales of commercial and industrial development, and advising on the continuing development of town centres.

• Legal and Compliance Division – responsible for legal compliance, human resource management, Information Technology and Communications, assets, facilities, records management, audit, risk and governance.

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L A N D D E V E L O P M E N T A G E N C Y – A N N U A L R E P O R T 2 0 0 8 – 0 9

PA G E 5

ORGANiSATiON

In 2008–09 the LDA was organised into five business units:• Development Division—responsible for advising on and delivering the Government’s

land release program, providing a commercial return to the Territory, contributing to the Government’s Affordable Housing Action Plan, and positioning the LDA as a market leader through choice, innovation and mutually beneficial stakeholder relationships

• Planning & Design Division—responsible for positioning the LDA as a leading developerof land and communities through innovative and sustainable designs, advising on capital works and infrastructure supporting the land release program, advising on options for housing choices and scales of commercial and industrial development, and advising on the continuing development of town centres

• Legal & Compliance Division—responsible for legal compliance, human resourcemanagement, Information Technology and Communications (ITC), assets, facilities, records management, audit, risk and governance

• Finance—responsible for financial and accounting services under the FMA accountabilityframework and project financial analysis.

• Executive, Communication & Sales—responsible for Board and executive support and thecommunications, marketing and sales activities of the LDA.

ORGANiSATiON CHART

LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

• Finance – responsible for financial and accounting services under the FMA accountability framework and project financial analysis.

• Executive, Communications and Sales – responsible for Board and executive support and the communications, marketing and sales activities of the LDA.

Following the establishment of LAPS, the LDA transferred a number of functions to the new Department. These included the policy responsibility for Direct Sales, policy management and a shared arrangement in respect to the provision of human resources and record management services. On 1 April 2010, in line with the transfer of these functions a total of 16 LDA positions subsequently were transferred to LAPS.

ORGANISATION CHART

land development agency board

chief executive officer

executive, communications

& sales finance legal & compliance planning &

design development

* As at 30 June 2010.

LDA DEvELOPMENTS

In 2009-10 the LDA engaged in activities for the release and development of land in:

• Bonner

• Casey

• Crace - Joint venture

• Dunlop

• Flemington Road

• Forde – Joint venture

• Franklin

• Fyshwick (EpiCentre)

• Gungahlin Town Centre and Business Park

• Harrison 4

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• Hume West

• Kingston Foreshore

• Lawson South

• Molonglo

• Moncrief

• Woden Green – Joint venture

Further information can be obtained from:

Chief Executive Officer Mr John Robertson Telephone: (02) 6207 0265

General Manager Finance Mr Matthew Kelly Telephone: (02) 6205 0309

Freedom of Information Ms Annette Wright Telephone: (02) 62078263

Street Address: Land Development Agency Level 6 TransACT House 470 Northbourne Avenue DICKSON ACT 2602

Postal Address: Land Development Agency GPO Box 158 CANBERRA ACT 2601

Telephone: (02) 6205 0600 Fax: (02) 6207 5101 Email: [email protected] Website: www.lda.act.gov.au

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

LDA Developments 2009 - 10

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A2 – A4 OvERvIEW, HIGHLIGHTS AND OuTLOOK

REPORT By THE CHAIR

unprecedented demand for residential housing has helped spur Canberra’s economy to the forefront nationally and brought with it a set of challenges and achievements in the ACT.

The demand which is itself driven by high stable incomes and low unemployment has heightened the need for more land releases, for affordable options, as well as prompted debate on the need for infill, or urban renewal, as opposed to estate development on urban fringes.

urban renewal may enjoy general support, but achieving a successful program requires a whole new way of thinking. Phillp Thalis, principal of Hill Thalis Architecture and lead architect on the Canberra Brickworks, recently called for a departure from monoculture housing to “all sorts of different housing, not simply mixed together awkwardly, but designed together, so you can have everything from free-standing houses to one bedroom apartments, if not in the same block, certainly in close proximity to each other”.

The LDA has accepted its role of showing some leadership in addressing the challenges that lie ahead. It has opened dialogues with the community on redevelopment of the Old Canberra Brickworks and the Hawker Group Centre. Both are of strategic importance for the longer term development of Canberra.

One of the most significant challenges is to bring more residential land to market.

In December 2009, the Government established LAPS to coordinate land releases and help maintain downward pressure on house prices. The department’s portfolio includes the LDA.

It is therefore pleasing that the agency has again achieved land release figures above the target set in the ACT Government’s Indicative Land Release Program. The revised 2009-10 program identified for release sites for 4,061 dwellings. The final figure achieved was 4,279 dwelling sites. This figure included releases through joint ventures, englobo sales, community and supportive housing and LDA estates.

The LDA has already started working towards its goal in 2010-11 of releasing sites for 5,000 dwellings.

This target is the largest in the history of the LDA and the agency is working collaboratively with LAPS to achieve these results. The majority of residential land sales will occur in Bonner, Kingston Foreshore, Ngunnawal, Casey, Harrison, Wright and Coombs.

Equally ambitious goals have been set for the years ahead – sites for a total of 17,000 dwellings are to be released over the next four years.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

In the same four-year period, the Government intends to release sites for 4,500 dwellings in Molonglo – the most significant release of residential land on the south side for many years.

This year 459 sites for dwellings were offered to the market in the Molonglo valley estate of Wright. More than 2,362 members of the public registered their interest for the first ballot of 236 blocks.

While increasing the supply of land, other housing affordability measures have been a focus of the LDA Board.

This year saw the LDA, in partnership with industry, enable 2,200 first home buyers to enter the housing market.

Hundreds of Canberra families are now buying their own homes through Land Rent and OwnPlace, which this year won the National Property Council of Australia’s award for Government Leadership as well as a commendation from the urban Development Institute of Australia. The LDA is currently considering whether OwnPlace should be broadened to cover multi-unit developments.

The commercial and industrial market has not proved to be as strong this year. The LDA achieved good results with land sold at the EpiCentre estate in Fyshwick and other sites in Mitchell. And the agency released 95,124m2 of commercial land to the market during 2009-10.

In closing I would like to thank a retiring board member, Ms Jenny Morison, for the many years of dedication she has shown to delivering land to the people of Canberra, in addition to the significant contribution she has made as Deputy Chair on the LDA Board and as Chair of the LDA Audit Committee. I would also like to thank on behalf of the LDA Board, the staff for their continuing efforts over the past 12 months in again achieving a high result in land release.

John Haskins AM Chair LDA Board

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REPORT By THE CHIEF EXECuTIvE OFFICER

The 2009-10 financial year was one of contrasting market conditions and outcomes for the LDA, with continuing high levels of demand for housing and residential land balancing muted demand for commercial and industrial land. These contrasts are evident in the performance in different industry sectors and in various components of the LDA’s financial performance for 2009-10.

Overall, I am pleased with the LDA’s many achievements during the year and the continuing increase in the capability of individual staff members and the organisation as a whole. This is enabling the LDA to successfully address the many challenges we face in delivering the increasing volumes of land and development opportunities required for the economic development of Canberra and provision of more sustainable and more affordable housing.

Residential land releases

Land releases for residential development continued to be the major focus for the LDA. For the third consecutive year, total residential land releases significantly exceeded the indicative land release target embedded in the LDA’s SOI. Residential land releases in 2009-10 totalled sites for 4,279 dwellings, compared with the SOI target of 3,014. The LDA’s resilience in responding to continuing market demand significantly above forecast levels and the associated increase in the land release target during the year from 3,014 to 4,061, is testament to the LDA’s increased capability over recent years.

In the three years since the ACT Government made significant changes to the membership of the LDA Board and associated changes to senior management, sites for about 12,000 dwellings have been released. Construction activities and housing starts associated with these releases have been a major contributor to the ACT becoming a leading economic performer in inter-jurisdictional rankings during 2009-10 and helped the ACT weather the Global Financial Crisis (GFC).

Gungahlin continues to be the major area of land release activity. Significant volumes of land has been released in Bonner, on Flemington Road and through the LDA joint ventures at Forde and Crace. To help meet the increased release targets, the area of land available for development by the joint venture was expanded to include Forde North. As a result 61 blocks in Forde North were released to the public prior to 30 June 2010.

In total the Forde joint venture released sites for 391 dwellings and the Crace joint venture releases totalled 223. Releases commenced from the Woden Green joint venture with the release of 179 units from the Avoca development.

The development of Bonner continues to showcase enhanced sustainability and approaches to housing affordability with the release of sites for 943 predominantly single residential dwellings during 2009-10. The Bonner Living Showcase opened and significant progress has been made on the delivery of OwnPlace homes in the suburb.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Sites for 505 multi-unit dwellings were released on Flemington Road and Franklin continues to flourish as more homes have been completed. The LDA’s community building program Mingle

is helping to enhance community life in Franklin, as a pilot for future activities in other suburbs.

The development of Kingston Foreshore is continuing strongly with the release of sites for 482 dwellings, including the first releases of land on the island and the opening of Trevillian Quay and Eastlake Parade to the public.

The commencement of land releases in the new Molonglo suburb of Wright is one of the major highlights of 2009-10. This is a significant milestone in the development of Canberra. Sites for a total of 459 predominantly single residential dwellings were released in June 2010. The releases attracted very strong interest from the ACT community and developers. This reflects the quality of the offering, its proximity to central Canberra and employment nodes and the significant period that had elapsed since the last significant land release in southern Canberra.

As in previous years, land was released in a range of sizes to cater to different segments of the market. Releases included sites for aged care and supportive housing. Multi-unit sites were released on Flemington Road and in Bonner, Kingston Foreshore, Wright, Bruce and in the City.

Further land for residential development will be released during 2010-11 in Wright, Bruce, Kingston Foreshore, Bonner, Crace, Forde, Woden Green and along Flemington Road. Releases are also scheduled in a variety of locations across the ACT, including Phillip, Narrabundah, Casey and Ngunnawal. Work is underway to enable the initial releases from the new LDA estates at Harrison 4 in 2010 and at Lawson and Coombs late in 2010-11.

Housing affordability initiatives

As at 30 June 2010, a total of 464 LDA blocks were involved in the land rent scheme, an increase of 342 over the year. Further take-up is expected in 2010-11 and beyond as additional releases occur in Bonner, Wright and other LDA estates.

During 2009-10 the LDA’s innovative OwnPlace program continued to build on its successes, with many homes being completed and numerous others under construction. At 30 June 2010 a total of 247 blocks had been made available to builders on the LDA’s OwnPlace panels for the construction of affordable house and land packages under $300,000. Further releases of blocks for OwnPlace in Bonner will occur during 2010-11.

In June 2010 the OwnPlace program was awarded the Property Council of Australia 2010 Innovation and Excellence Award for Excellence in Government Leadership. This was a significant achievement in the face of strong competition from across Australia. Financial support totalling $3.5 million has been made available by the Commonwealth Government under the Housing Affordability Fund to help with the delivery of OwnPlace homes in Bonner.

Significant progress has been made on the affordable housing demonstration projects at Franklin and Dunlop, with most homes in the project expected to be completed during 2010-11.

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During the year the LDA made further land available to Community Housing Canberra in accordance with the Memorandum of understanding. The joint ventures at Crace and Forde continue to facilitate the delivery of quality affordable homes.

Late in the financial year, the Commonwealth Government announced that the LDA had been successful in Round 2 of the HAF scheme and would receive funding for two further projects to deliver enhanced affordability outcomes. The first is at Crace and the second, a joint project with CHC, at Gungaderra West Harrison. This additional support totals $9.75 million.

Commercial and industrial land releases

In the aftermath of the GFC, financiers are adopting a more conservative, risk-averse approach, constraining the availability of bank financing for industry. The ACT has been somewhat insulated from the more severe difficulties faced in other jurisdictions. However, individual private sector developers have generally had lower capacity than in previous years to purchase larger development opportunities and build portfolios of projects. Whilst confidence in the local market remains relatively strong, interstate organisations have been less active in bidding for raw land and associated commercial development opportunities. This has resulted generally in fewer firms contesting commercial and industrial land auctions, with consequent impacts on sales prices achieved and auction clearance rates.

During 2009-10, the above factors led to some changes to the scale and timing of planned releases to ensure that emerging market needs were met. This included the sale of some land in Fyshwick as smaller blocks. A number of proposed releases were deferred, with this land to be released in coming years. As a result the LDA maintained a stock of serviced industrial land available for purchase over the counter. Industrial land releases totalled 46,980m2, against an initial SOI target of 96,828m2.

In 2009-10 industrial land was released in Fyshwick and Mitchell. Significant releases of land in Hume West at the LDA’s Axess Industry Estate will commence in 2010-11, following resolution of heritage and planning issues that had delayed development in this area. Land will also be released in Section 26, Fyshwick later in 2010.

Commercial land was released via auction and direct sale processes across Canberra.

Commercial land releases totalled 95,124m2 against the SOI target of 99,718m2.

Financial outcome

During 2009-10, total land sales revenues and profits were substantially above the levels achieved in the previous year, with land sales revenues increasing from $227.9 million in 2008-09 to $309.4 million in 2009-10. Profits before tax increased from $71.3 million to $112.6 million. This increase was in part due to a substantial volume of settlements of sales contracts for single residential blocks in Franklin 3 and Bonner and commercial sales.

Total revenues ($318.4 million) and the land sales revenues ($227.9 million) for 2009-10 were lower than the SOI forecast, primarily due to changes in the composition of land releases, longer settlement timeframes for some sales than forecast, and the non-completion during

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

the year of a number of direct sales that had been forecast to be completed during the year. In addition to the revenues above, at 30 June 2010 the LDA had exchanged contracts with a total value in excess of $151.8 million. The majority of these contracts will settle during 2010-11.

In contrast, the 2009-10 operating profit ($112.6 million) was substantially above the level forecast in the 2009-10 SOI ($56.6 million). This significant increase was due to a greater proportion of land sales being in relation to land in LDA estates, increased returns from the Forde joint venture, and reviews of provisions for project completions. The reviews reduced the forecasts of the funds needed to complete some developments, most notably the Franklin estate. As a result of the operating result, income tax equivalents of $35.1 million and dividends of $77.4 million are payable to ACT Treasury in respect of 2009-10. The dividend accords with the 100 per cent dividend policy.

Inventory levels

Significant progress has been made in establishing an inventory of serviced land in the commercial and industrial sectors. After continuing higher than anticipated demand for residential land, the LDA continues to work towards establishing an inventory of serviced and release ready land.

Peer recognition

The high quality of the LDA’s work and that of our consultants and contractors continues to be recognised by our industry peers, with LDA projects and those of our industry partners in programs like OwnPlace winning a number of local and national awards. The highlight was OwnPlace winning the Property Council national award noted above.

Community engagement

The LDA continues to enhance its capacity to effectively consult with the ACT community in relation to developments in our estates and in infill locations. The primary focus of the LDA’s community consultation activities during 2009-10 have been the development of Molonglo, the potential redevelopment of carparks in Hawker and the Canberra Brickworks and Environs Planning Strategy. These consultations are continuing.

LDA staff are also working with officers of the Department of Land and Property Services, industry associations, professional groups and the Community Councils to ensure that community comments and suggestions are received and addressed in relation to the full range of proposed land releases on the Government’s Indicative Land Release programs.

Key activities in 2010-11 will include the release of the remaining land from the Bonner estate, further land releases in Molonglo, the release of other prime sites in Kingston Foreshore and the selection of the preferred option for the Brickworks precinct and redevelopment in Hawker. More generally, the LDA will continue to offer a range of high quality opportunities for residential, commercial and industrial development across the ACT.

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Finally, I would like to acknowledge the contribution of the Board members and staff across the LDA to our many achievements and particularly thank Board member Jenny Morison for her contributions since the LDA’s establishment. Ms Morison did not seek reappointment when her term expired on 30 June 2010. The work that has been done during 2009-10 will stand the LDA in good stead as we pursue and meet future challenges.

John Robertson Chief Executive Officer

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

A5 MANAGEMENT DISCuSSION AND ANALySIS

GENERAL OvERvIEW

Details of the mission, vision, values, statement and objectives of the LDA are set out in Section A1 of this report.

Public Trading Enterprise

During 2005-06, in order to establish a more appropriate arrangement for reporting the activities of agency, the LDA’s status was changed to a Public Trading Enterprise (PTE). As a PTE, the LDA acquires unleased Territory land from the ACT Government at market value for development and sale. The LDA is also subject to income tax under the National Tax Equivalent Regime. under these PTE arrangements, The LDA provides financial returns to the Territory consisting of:

• land acquisitions at market value;

• stamp duty and interest;

• payment of income tax equivalents; and

• dividend based on Operating Profit after Income Tax Equivalents.

Table 1 below compares the total returns to the Territory in 2009-10 with the 2009-10 budgeted return and the actual return in 2008-09. These results are based on the accrual basis of accounting.

Table 1: Comparison of Returns to the Territory

Actual 2010 Budget 2010 Actual 2009

Dividends paid $77m $40m

Income tax equivalents $35m $17m

Payments for land acquisitions $113m $167m

Stamp duty and Interest on Borrowing - $6m

Total Returns to the Territory $225m $230m

$51m

$21m

$87m

-

$159m

Total returns to the Territory are higher than the previous year due to an increase in land sales together with a favourable impact on Cost of Land Sold due to detailed project costing reviews conducted throughout the year.

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RISK MANAGEMENT

The residential land sales market and the commercial/industrial markets are highly cyclical and when market conditions change the land sales program and profit will be impacted. Consequently, this may adversely impact on the LDA’s ability to deliver forecast returns to the ACT Government if market conditions deteriorate. It could also lead to higher than forecast returns, however, if market conditions are more robust than forecast. Specific risks include market, regulatory and industry capacity/performance as detailed below:

Market Risks

• volatility in market demand for commercial and industrial land as a result of the economic environment.

• Whether the Government’s indicative land release program can be absorbed by the market and whether the sales revenue targets that derive from that program can be achieved.

• Ability for the LDA to attract, recruit and retain skilled staff in the face of increased private sector competition for scarce resources.

• Possible increases in land servicing and building construction costs.

Regulatory Risks

• The availability of an adequate supply of appropriately zoned residential, commercial and industrial land together with concept plans and timely approvals to enable development activity to take place within planned timeframes.

• unforseen delays in approvals from relevant agencies that would result in delays in the planned release program and changes to the timeframes for revenue flows.

• Any future changes in Commonwealth legislation or other regulatory requirements that may add uncertainty or increase costs for the LDA activities or for those of private developers, resulting in slower delivery timeframes or increased risk discounts in the prices that the private sector is willing to pay for development opportunities.

Industry Capacity and Performance Risks

• Increases in cost or contract performance and extension of time (e.g. from sustained wet weather) impacting on development schedules and financial performance of projects, resulting in lower forecast returns to the Government.

• Delays in the planning and timely delivery by other agencies of necessary budget funded Capital Works infrastructure in order to support residential, commercial and industrial development.

• The adequacy or otherwise of industry capacity and skills availability to provide necessary services to deliver land servicing and broader capital works activities.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

The key strategies that LDA employs to achieve its objectives and effectively manage market, regulatory and industry capacity/performance risks include:

• engaging with other ACT Government departments and agencies in the timely development and review of the Indicative LRP and related revenue estimates;

• identifying the sensitivity of forecasts to potential changes in the market for residential, commercial and industrial land;

• working with other agencies towards developing an inventory of environmentally cleared, planned, release ready and serviced land to provide flexibility and alternative release options to cover any unanticipated delays on sites otherwise identified for release in the relevant period;

• effectively engaging with local communities, industry associations, relevant special interest groups and the broader ACT community to ensure relevant interests are identified and considered in the LDA developments and land release activities;

• use of appropriate contract types and mechanisms and active management of the full range of contractors and consultants providing services to the LDA;

• considering market trends to gauge likely sales rates prior to committing to construction contracts;

• incorporating contingencies to limit the scale of construction packages if there is a downturn in the market and land sales rates;

• maintaining a detailed understanding of relevant regulatory requirements and monitoring approval processes and liaising with relevant agencies to manage any issues that could otherwise delay projects;

• maintaining close liaison with statutory agencies to ensure any potentially adverse impacts on the LDA and other development activities are understood and appropriately considered ahead of any regulatory changes being implemented;

• ensuring sustainability and innovation issues are incorporated in planning and design by developing a work plan that will address energy, water, sustainable resource use and waste management, biodiversity protection, transport, social and cultural aspects of communities, economic viability and sustainability;

• in consultation with the portfolio department, contributing to the development and enhancement of streamlined planning and approval processes;

• streamlining and enhancing our procurement processes and contributing to the coordination of Government civil works contracts to ensure the best value for money and more efficient procurement outcomes; and

• building an effective involvement with the private sector to capture market knowledge and encourage innovation and the transfer of skills.

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FINANCIAL PERFORMANCE

The following financial information is based on 2009-10 Financial Statements certified by the LDA Board, audited Financial Statements for 2008-09 and the forward estimates contained in the 2010-11 Budget Papers.

Total Income

Components of Income

As shown in Figure 1 below, the LDA derived 97.2 percent of its total revenue for the year ending 30 June 2010 from Land Sales, 1.4 percent from Interest and 1.4 percent from Other Income..

Figure 1: Components of Income 2009-10

Other Income Interest

1.4% 1.4%

Land Sales 97.2%

Comparison to Budget

Actual revenue of $318.4 million was $61.0 million lower than the budget. Actual land sales revenue of $309.4 million was $69.7 million lower than budget reflecting lower sales for commercial and industrial sites and the deferral until future years of some sales expected to occur in Bonner, Flemington Road and Kingston.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Comparison to 2008-09 Actual

Actual revenue of $318.4 million was $83.9 million higher than the 2008-09 actual result. Actual land sales revenue of $309.4 million was $81.5 million higher than the figure achieved in 2008-09 due to:

• the increase in sales of land in LDA estates due to the Government’s accelerated land release program and strong market demand for land;

• the LDA selling additional development rights to the Forde Joint venture during 2009-10;

• an increased number of square metres sold together with an increased price per square metre received for commercial and industrial sites; and

• an increase in the value of off-site infrastructure to be completed by purchasers of land.

Future Trends

Figure 2 below shows the actual Total Revenue, Total Expenses and Operating Profit before Tax for 2008-09 and 2009-10, the budget for 2009-10 and the forward estimates for the upcoming four years. The future trend in Total Revenue reflects the expected sales of land from the Government’s currently published LRP which takes into account the impact of policies for stabilising land supply together with the expected improvements in market conditions.

Figure 2: Future Trends

Total Revenue Total Expenses Operating Profit before Tax

$m

800

700

600

500

400

300

200

100

0

2008-09 2009-10 2009-10 2010-11 2011-12 2012-13 2013-14 Actual Budget Actual Budget Budget Budget Budget

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Total Expenditure

Components of Expenditure

Total expenses for the year ended 30 June 2010 (as shown in Figure 3 below) were predominantly for Cost of Land Sold, which was 88 percent of the total. The two components of Cost of Land Sold are land acquisitions (51 percent) and development costs (37 percent). The balance of Total Expenses was for Supplies and Services (6 percent), Employee Expenses (5 percent) and Other Expenses (1 percent).

Figure 3: Components of Expenditure 2009-10

Other Expenses Supplies and Services 1%6%

Cost of Land Sold - land acquisitions

51%

Cost of Land Sold ­development costs

37%

Employee Expenses 5%

Comparison to Budget

Actual expenses of $225.1 million were $104.2 million lower than the budget. This reflected the following significant variances:

• Cost of Land Sold was $96.7 million lower than Budget due to lower land sales together with the impact of Bi-annual reviews of project costings which reduced the Cost of Land Sold by $25.8 million;

• Supplies and Services Expenses were $3.7 million lower than Budget also mainly due to lower land sales; and

• Other Expenses were $5.1 million lower than Budget mainly due to a decrease in stamp duty payments.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Comparison to 2008-09 Actual

Total expenditure was $47.5 million higher than 2008-09. The increase largely reflects the increase in Cost of Land Sold ($43.1 million) and Supplies and Services ($4.8 million) which are both directly related to higher land sales.

Future Trends

As shown in Figure 2, Total Expenses are budgeted to increase in 2010-11 as a consequence of higher land sales as detailed in the LDA’s 2010-11 SOI. Thereafter expenses are anticipated to significantly increase in line with increases in budgeted land supply, land sales and construction activity.

Dividends

Actual dividends paid and provided for during the 2009-10 year were $77.4 million

compared to the budgeted amount of $39.6 million. This is an increase of $37.8 million as a consequence of the higher than expected profit resulting from a different composition of land sales compared to budget and a significant decrease in the Cost of Land sold.

FINANCIAL POSITION

Key indicators of the health of LDA’s financial position are the ability to sustain its asset base, to pay debts as they fall due and maintain long-term liabilities at prudent levels.

Total Assets

Components of Total Assets

In 2009-10 the LDA maintained a strong net asset position due to its significant cash, investment and receivable balances and its inventory holdings in comparison with its liabilities.

Total Assets as at 30 June 2010 (as shown in Figure 4 below) comprise current and non-current Inventory (28 percent), Cash and Cash Equivalents Balances (25 percent), Receivables (36 percent), Investments in Joint ventures (9 percent), and Property, Plant and Equipment (2 percent).

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Figure 4: Components of Total Assets 2009-10

Property, Plant & Equipment

Receivables 36%

Investments in Joint Venture

9%

Inventories 28%

2%

Cash and Cash Equivalents

25%

Comparison to Budget

The LDA’s total asset position as at 30 June 2010 of $346.2 million was $27.3 million higher than budget. The improvement largely reflects increases in:

• Cash and Cash Equivalents Balances ($58.2 million) directly related to an increase the number of sales occurring towards the end of the financial year; and

• Receivables ($91.6 million) due to an increase in the amount of deferred payments of proceeds from land sales, an increase in the value of infrastructure assets to be received from the purchasers of land and a receivable from the ACT Department of Treasury for the overpayment of previous year dividends due to a prior period accounting error;

partially offset by decreases in:

• Current and non-current inventory ($66.1 million) mainly due to the impact of a change in methodology for estimating Work in Progress and Provisions for Project Completions;

• Deferred tax assets ($8.9 million) mainly due to the reversal of timing differences for both Inventories and the Provision for Project Completions; and

• Investments in Joint ventures ($48.6 million) due to a change in accounting treatment (AASB 131.48) which decreased the carrying value of the LDA’s investments together with higher than budgeted distributions received from the Joint ventures.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Liquidity

Liquidity refers to the ability of LDA to satisfy its short-term debts as they fall due. This ability is demonstrated by LDA’s “current ratio” (set out Table 2 below), which compares the ability to fund short-term liabilities from short-term assets. The ratio shows that LDA is in a healthy liquidity position (1.49:1) at 30 June 2010. The ratio is expected to increase to (1.86:1) by 30 June 2011.

Table 2: Current Assets to Current Liabilities

Prior year Actual $’000s

2008-09

Current year

Budget $’000s

2009-10

Current year

Actual $’000s

2009-10

Forward year

Budget $’000s

2010-11

Forward year

Budget $’000s

2011-12

Forward year

Budget $’000s

2012-13

Forward year

Budget $’000s

2013-14

$’000 $’000 $’000 $’000 $’000 $’000 $’000

Total 225,416 159,464 280,504 277,728 302,402 290,883 328,625 Current Assets

Total 148,784 103,688 188,487 149,145 160,076 143,945 169,631 Current Liabilities

Current 1.52:1 1.54:1 1.49:1 1.86:1 1.89:1 2.02:1 1.94:1

Ratio

Total Liabilities

Figure 5 illustrates the LDA’s Total Liabilities comprising Payables (21 percent), Provision for Project Completions (18 percent), Liability to Transfer Infrastructure (18 percent), Income Tax Liability (11 percent), Other Liabilities (31 percent) and Employee Benefits (1 percent).

• Payables reflect the value of land accrued for sold blocks together with accrued development costs and administration expenses;

• the Provision for Project Completions reflects expected costs required to finish developed parcels of land;

• the Liability to Transfer Infrastructure reflects the value of infrastructure assets that are to be transferred to the relevant ACT Government agency when construction is completed;

• Income Tax Liability reflects the balance of income tax payable to the ACT Government; and

• Other Liabilities reflect revenue received in advance for blocks exchanged, the LDA’s deferred Income Tax Liability, the balance of the dividend to be paid to the ACT Government, and the value of developed land ready for sale but yet to be sold.

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Comparison to Budget

The LDA’s total liability position as at 30 June 2010 of $220.1 million was $25.9 million higher than budget mainly due to increases in:

• Payables ($17.3 million) mainly due to a higher than budgeted accrual for land sold in June 2010;

• Income Tax Liability ($18.8 million) due to a higher than budgeted operating surplus; and

• Other Liabilities ($51.2 million) due to an increased balance of dividend payable to the ACT government and an increase in the value of developed land ready for sale but yet to be sold.

partially offset by decreases in:

• Government borrowing ($40.0 million) because no borrowings were required during 2009-10; and

• Other Provisions ($22.1 million) mainly due to the impact of the change in methodology for estimating Work in Progress and Provisions for Project Completions.

Figure 5: Components of Total Liabilities 2009-10

Income tax liability11%

Employee Benefits1%

Payables21%

Provision for ProjectCompletions

18%

Liability to TransferInfrastructure

18%

Other Liabilities31%

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A6 FINANCIAL REPORT

Land Development Agency Crace Joint venture Forde Joint venture Woden Green Joint venture

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Land Development Agency

FINANCIAL REPORT FOR THE yEAR ENDED 30 JuNE 2010

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Crace Joint venture

FINANCIAL REPORT FOR THE yEAR ENDED 30 JuNE 2010

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A7 STATEMENT OF PERFORMANCE

STATEMENT OF RESPONSIBILITy

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FINANCIAL PERFORMANCE MEASuREMENTS ANALySIS 2009-10

Financial Performance Measures

Target 2009-10

Actual 2009-10

variance* Explanation of Material variance

Profitability

Profit (before tax)

Profit (after tax)

Dividend

$57m

$40m

$40m

$113m

$77m

$77m

98%

93%

93%

The increase in profit and the dividend was due to the higher than expected operating result as the consequence of higher land sales prices, higher interest revenue together with lower than budgeted Cost of Land Sold during 2009-10.

Return on Assets1

Return on Equity2

19.0%

45.4%

32.7%

89.3%

72%

97%

The higher return on assets and equity was due to higher than budgeted operating profit before tax.

Gross Profit Margin on Land Sales3

22.4% 36.2% 62% The gross profit margin was higher due to better than expected prices for land sold together with a lower Cost of Land Sold.

Liquidity

Current Ratio4 1.5 1.5 Nil Current liabilities are higher than estimated due to:

• an increase in Payables mainly due to a higher than budgeted accrual for land sold in June 2010;

• an increase in the Income Tax Liability due to a higher than budgeted operating surplus combined with reversals of timing differences for both Inventories and the Provision for Project Completions; and

• an increase in Other Liabilities due to an increased balance of dividend payable to the ACT Government and an increase in the land value of developed land yet to be sold.

SEC

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Financial Performance Measures

Target 2009-10

Actual 2009-10

variance* Explanation of Material variance

Current assets are higher than estimated due to:

• an increase in cash held at year-end due to an increase in the number of settlements in June 2010;

• an increase in receivables due to an increase in the number of sales in which proceeds will be received by instalments over 12 months or more together with the inclusion of a receivable for overpaid dividends due to a prior period accounting error.

The above increases were offset by a decrease in the value of inventory held due to a decrease in development spending on LDA estates as compared to budget and a reclassification to the Provision for Project Completion.

Acid Test Ratio5 0.53 1.12 111% The improved ratio was primarily due to reduced inventories due to a decrease in development spending on LDA estates as compared to budget and reclassification to the Provision for Project Completion.

Cash Flow (0.08) 0.54 775% Cash flows from operating activities Indicator6 were higher than budget due to lower

land payments as a result of lower than estimated land costs and reduced spending on development costs.

Financial Stability

Equity Ratio7 39.1% 36.4% (7%) The decrease was due to a higher asset base as a result of higher than estimated cash balances, receivables and investments offset by lower inventories balance.

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Financial Performance Measures

Target 2009-10

Actual 2009-10

variance* Explanation of Material variance

Debt to Equity Ratio8

32.1% Nil (100%) The actual result was ‘nil’ as no borrowings were required during 2009–10 as a result of higher than budgeted net cash flows from operating activities.

Interest Coverage9 38 7,037 18418% Interest expense was lower as no borrowings were required during 2009–10.

* Negative figures in brackets

NOTES:

1 Return on Assets = (operating result before tax + interest expense) / average total assets for period. 2 Return on Equity = operating result before tax / equity 3 Gross Profit Margin = (lease sales – cost of goods sold) / lease sales 4 Current Ratio = current assets / current liabilities 5 Acid Test Ratio = (current assets – current inventory) / current liabilities 6 Cash Flow Indicator = cash flow from operating activities / current liabilities 7 Equity Ratio = total funds employed / total assets 8 Debt to Equity Ratio = total borrowing / total funds employed 9 Interest Coverage = (operating result before tax + interest expense) / interest expense

NON FINANCIAL PERFORMANCE MANAGEMENT ANALySIS 2009-10

Description of Objectives

The LDA’s major objectives include:

• Delivering the Government’s land release program in the residential, commercial and industrial sectors.

• Contributing to addressing key Government priorities relating to improved housing affordability, sustainability and climate change.

• Providing a commercial return to the Territory on its investment in the Agency and its business activities.

• Continuously improving the LDA’s reputation as an informed source of advice to the Government, other government agencies and the ACT community on land development related issues.

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Original Target 2009-10 (Dwellings)

Actual Result 2009-10 (Dwellings)

% variance from Original Target

Notes

SOI Measures

a. Land Release Program: achievement of the volume targets specified in the Government’s Indicative LRP, which were outlined in Tables 1,2,3 and 4 of the SOI.

Residential LRP (Type):

Englobo/Private Sector:

• Aged Care units

• Block 13 Section 63 City

• Wright 2a

• Wright 2b

• Section 85 Bruce

• Department of Disability, Housing and Community Services Supportive Housing

Total Englobo

200

200

500

300

300

0

1,500

254

200

0

0

300

339

1,093

27%

-

(100%)

(100%)

-

(27%)

Joint ventures:

• Forde

• Crace

• Woden East

Total Joint Venture

100

250

100

450

391

223

179

793

291%

(11%)

79%

76%

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Original Target 2009-10 (Dwellings)

Actual Result 2009-10 (Dwellings)

% variance from Original Target

Notes

LDA Estates:

• Kingston Foreshore 2a

• Kingston Foreshore 2b

• Kingston Foreshore 2c

• Kingston Foreshore 18

• Kingston Foreshore 19

• Bonner 1a

• Bonner 1b

• Bonner 2

• Bonner 3

• Flemington Road

• Wright

• Harrison Display village

Total LDA Estates

264

27

55

88

130

0

200

300

0

0

0

0

1,064

264

0

0

88

130

20

185

404

334

505

459

4

2,393

-

(100%)

(100%)

-

-

(8%)

35%

125% 1

Total Residential Releases 3,014 4,279 42%

Residential LRP (District):

Gungahlin

Belconnen

Central Canberra

Molonglo

Woden and Weston

Other

Total Residential Releases

850

300

764

800

100

200

3,014

2,066

401

724

459

292

337

4,279

143%

34%

(5%)

(43%)

192%

69%

42% 2

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Original Target 2009-10 (m2)

Actual Result 2009-10 (m2)

% variance from Original Target

Notes

Commercial LRP (District):

Gungahlin 0 28,279 ∞

Belconnen 45,643 36,012 (21%)

Central Canberra 51,459 30,833 (40%)

Tuggeranong 2,616 0 (100%)

Total Commercial Releases 99,718 95,124 (5%)

Industrial LRP (District):

Fyshwick

Hume

Mitchell

Total Industrial Releases

SOI Measures

38,828 38,828 -

58,000 1,849 (97%)

0 6,303 ∞

96,828 46,980 (51%) 3

b. Wright englobo Sites: release of Release two Not released ­two Englobo estates in the new Englobo Estates suburb of Wright in Molonglo.

c. Coombs LDA Estate: Commencement Commencement - 5

commencement of development of Development of Development of an LDA estate in the new suburb of Coombs in Molonglo.

d. Kingston Foreshore Boat Commencement Commencement - 6

Harbour: commencement of of Development of Development the development of specialist facilities for an operating boat harbour at Kingston Foreshore.

e. Sustainability and Innovation Publication of Draft published - 7

Strategy: publication of a Strategy on LDA intranet Sustainability and Innovation Strategy in relation to enhancing sustainability within the LDA’s developments.

f. Dividend Payment: payment Dividend Dividend - 8

of dividends at 100% of the Payment at 100% Payment at operating profit after tax. 100%

4

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Notes:

1 The 42% increase in residential releases compared to target was mainly due to additional releases from the LDA estates of Bonner and Flemington Road together with increased releases from the Forde and Woden East Joint ventures. The increased releases all responded to the ACT Government’s increase during the year of the volume target in the Indicative Residential LRP to sites for 4,061 dwellings. Furthermore, the LDA facilitated the direct sale of land for 339 dwellings to the Department of Disability, Housing and Community Services to be utilised as supportive housing sites.

2 See Note 1.

3 The lower level of releases than originally planned was primarily due to the outcome of the Commonwealth Department of Environment, Water, Heritage and the Arts (DEWHA) decision to list potential development of Section 8, Hume (Hume West - 38,000 square metres) as a controlled action under the “Environment Protection (Biodiversity Conservation) Act”. The Heritage Council’s decision to amend its previous decision and list the Tralee and Couranga Homesteads also necessitated a redesign of the Hume West estate. Releases from the Hume West estate will now commence in 2010-11. The planned release of land by an Expression of Interest at Hume Section 23 to expand the Resource Recovery Estate was delayed until 2010-11. Alternative potential releases in Fyshwick were not brought forward because of constrained demand for industrial land, with a number of other sites in Fyshwick remaining available for sale over-the-counter during the year.

4 During 2009-10 the ACT Government decided to release land in Wright as individual serviced blocks from an LDA estate, rather than two englobo parcels of land (800 dwellings). In June 2010 land releases from the LDA’s Wright estate commenced, with the release of individual blocks by auction and by ballot (sites for a total of 459 dwellings).

5 Substantial work was undertaken during the year for the development of Coombs, including community consultation, preparation of indicative road layouts and drafting of a riparian management strategy for the adjacent Molonglo River corridor. Work is continuing to resolve a number of issues relating to the riparian management strategy, bushfire risk management, environmental conservation of endangered species, and surge protection line. Budget funded capital works outside of the estate have also commenced, to provide key trunk infrastructure services to Coombs and Wright. It is anticipated that the first releases from Coombs will occur towards the end of 2010-11.

6 The LDA has been working with stakeholders to determine actual needs and to ensure any working boat harbour activities that ultimately are undertaken within the harbour precinct would not adversely impact on the adjacent environmentally sensitive Jerrabomberra Wetlands. During the year discussions were held with the National Capital Authority (NCA) about the possible location of certain dry boat maintenance activities elsewhere on Lake Burley

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Griffin. In June 2010 the NCA decided that the relevant activities should occur at the Kingston Foreshore Boat Harbour. Detailed design for these facilities is underway. It is intended that the existing rowing activities based on Jerrabomberra Reach will be relocated to the northern side of the Boat Harbour (Site 2b), to complement other uses on the Site.

7 A sustainability and innovation strategy was developed early in 2009-10 and embodied in the draft LDA Sustainability and Innovation Framework. Since early in 2010, the Framework has been used to inform the development of project specific business plans and specific actions for new LDA estates. These estates include Harrison 4 and Lawson. It has been further developed based on its initial use and discussions with officers in other ACT Government agencies. The Framework has formed the basis of staff workshops to help embed the underlying principles into key LDA business processes.

8 The LDA pays dividends equal to 100% of operating profit after tax. Following payment of an interim dividend, the balance is paid after completion of the audit of Financial Statements by the ACT Auditor-General’s Office.

Land Release

In the context of the Land Release Program, land is considered to be “released” when the land has been offered to the market, irrespective of whether it has actually sold.

In the case of:

• auction, land is considered released the day of the auction;

• ballot by the LDA or a joint venture partner, land is considered released the day of the ballot;

• Over-the-counter sales by the LDA or a joint venture partner, land is considered released the day the site is available for purchase over the counter;

• Direct sale land is considered released when an offer of land has been offered to an eligible applicant:

• a land swap, land is considered released when an offer of land has been made to the proponent; and

• a tender/Expression of Interest, land is considered released when the tender documents have been made publically available.

If a site is “released” and not purchased it will be counted as achieving the land release target for that year. unsold sites will be available for sale ‘over the counter’ and will not be considered to be re-released if they are sold in subsequent years.

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Commencement of Development

In the context of Development, “Commencement” is considered to be when the LDA commences its due diligence of the existing studies and reports for a specific Estate. Substantial work is required by the LDA in undertaking a gap analysis to determine the extent that the existing studies and reports meet the needs of the LDA and what further work is required to complete the planning stages.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

A8 STRATEGIC INDICATORS

Strategic indicators for the LDA are not reportable as they are not set as part of the Budget process and do not appear in the Budget papers.

A9 ANALySIS OF AGENCy PERFORMANCE

The LDA’s major deliverables for 2009-10, as set out in the 2009-10 SOI, are as follows:

Pay dividends to the ACT Government at 100 per cent of the operating profit after tax.

The 2009-10 dividend is higher than the forecast 2009-10 budget primarily due to savings in development costs identified from project reviews; reductions in forecast payments for land; and higher than budgeted share of profits from joint ventures which are partially offset by reductions in forescast land sales.

Implement, noting the program is flexible and targets price stability, the Government’s

Indicative LRP 2009-10 to 2013-14, including supplying 3,014 residential dwelling sites to

the market with 1,514 of these sites to be provided in LDA estates or through joint venture

arrangements with the private sector and the balance, 1,500 sites, through englobo

sales to private sector developers. Key features of the 2009-10 residential program are

discussed below.

Early in 2010, the ACT Government increased the Indicative Residential LRP for 2009-10 to include the supply of sites for 4,061 dwellings to the market (compared with the initial target of 3,014) with 2,961 of these to be provided in LDA estates or through joint venture arrangements with the private sector. Sites for 4,279 dwellings were released in 2009-10 with 3,186 of these in LDA estates and joint ventures. Information on individual releases is shown in the table below.

Release Progress

Release of Wright 2a and 2b in Molonglo by Wright is now being released by the LDA. englobo sale, providing 800 dwelling sites Sites for a total of 459 dwellings were released

prior to 30 June 2010.

Release of Section 85, Bruce, by englobo sale, This site was released prior to for 300 dwellings 29 June 2010.

Release of Section 63, City, for 200 dwellings This site was released on 21 June 2010 as Block 4, Section 100.

Progress the joint venture development of Joint venture development will commence Forde 2, over time providing 300 dwellings prior to 30 June 2010 following incorporation

of the Forde 2 land into the existing joint venture.

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Release Progress

Release of 564 dwellings sites in Kingston Foreshore

Sites for a total of 482 dwellings in Kingston Foreshore were released in 2009-10.

Release of sites for 500 dwellings in Bonner A total of 943 dwelling sites were released in Bonner prior to 30 June 2010 to help meet the increased residential land supply program.

Contribute to delivery of the Government’s Affordable Housing Action Plan

Actions undertaken are shown in the table below.

Objective Progress

Providing new dwelling sites for the LDA’s OwnPlace Program in partnership with industry to deliver affordable housing choices

Additional OwnPlace dwelling sites were released in Bonner in 2009-10, with further sites to be released in future years.

Making available to Community Housing Canberra (CHC) Ltd land for 120 dwellings

Sites for in excess of 120 dwellings have been made available to CHC, including sites to be settled in 2010-11 to assist with CHC’s forward planning.

Making land available through “over-the­counter” sales

Land was available for sale over-the-counter at various times during 2009-10.

With the assistance of other government agencies, continuing to work towards building a pipeline of Estate Development Plan (EDP) ready land equating to 8-12 months supply

Work is continuing with other agencies towards building a pipeline of land ready for release.

Move towards establishing a serviced blocks inventory of eight months of estimated annual demand

As existing demand is satisfied by releases of serviced blocks in the LDA’s own estates and by the LDA’s joint venture and private developers, it is anticipated that a serviced block inventory will be established over time in new LDA estates.

Making land available for the Institutional Investor Initiative to increase available rental accommodation

The LDA provided a range of sites on Flemington Road for the initial stages of the Institutional Investor Initiative with a potential yield of up to 1,000 dwellings. The LDA will continue to make land available for this initiative.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

Implement the Government’s Indicative Commercial LRP 2009-10 to 2013-14, including

supplying 99,718 square metres of commercial land

The actual release of commercial land for 2009-10 totalled 95,124m2.

Implement the Government’s Indicative Industrial LRP 2009-10 to 2013-14, including

supply 96,828 square metres of industrial land

The volume of industrial land released was 46,980m2, compared with a target of 96,828m2. The lower level of releases than originally planned was primarily due to the outcome of the DEWHA decision to list potential development of Section 8, Hume (Hume West - 38,000m2) as a controlled action under the Environment Protection (Biodiversity Conservation) Act.

Pursue initiatives to enhance the sustainability of developments undertaken by the LDA

and to demonstrate both leadership and achievement in the sustainability challenges for

land development and the building of new communities in the ACT

A sustainability and innovation strategy was developed early in 2009-10 and embodied in the draft LDA Sustainability and Innovation Framework. Since early in 2010, the Framework has been used to inform the development of project specific business plans and specific actions for new LDA estates. These estates include Harrison 4 and Lawson. It has been further developed based on its initial use and discussions with officers in other agencies. It has also formed the basis of staff workshops to help embed the underlying principles into key LDA business processes. Specific examples of initiatives the LDA has implemented in various estates are provided in Section C21 of this report.

Contribute to joint venture developments in Forde, Woden East and Crace

The LDA has continued to contribute to the three joint venture developments in Forde, Woden East and Crace. The three joint ventures released sites for a total of 793 dwellings during 2009-10.

Commence the development of specialist facilities for an operating boat harbour at

Kingston Foreshore and the enhancement of the cultural precinct and market facilities

The LDA has been working with stakeholders to determine actual needs and to ensure that any ‘working boat harbour’ activities that ultimately are undertaken within the harbour precinct would not adversely impact on the adjacent environmentally sensitive Jerrabomberra Wetlands.

During the year discussions were held with the NCA about the possible location of certain dry boat maintenance activities elsewhere on Lake Burley Griffin. In June 2010 the NCA decided that the relevant activities should occur at the Kingston Foreshore Boat Harbour. Detailed design for these facilities is underway.

It is intended that the existing rowing activities based on Jerrabomberra Reach will be relocated into Site 2b, to complement other uses on the Site.

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Continue the development of the new suburb of Bonner showcasing innovative

approaches to sustainable communities

A total of 943 dwellings were released in Bonner during 2009-10 against an initial target of 500.

The LDA will continue to implement Water Sensitive urban Design (WSuD) measures, which are a key part of the development.

With the introduction of the “Water and Sewerage (Energy Efficient Hot- Water Systems) Legislation Amendment Bill 2009 “on 1 February 2010, the LDA is reviewing whether or not there will be a change to the current rebates offered by the LDA for future land releases in Bonner under the LDA’s “Bonner Energy Saving Hot Water Rebate Offer”.

The LDA will continue to rollout fibre optic broadband throughout the estate of Bonner.

Release sites for 200 dwellings for aged care accommodation

The LDA released a site in Calwell for up to 200 dwellings for aged care accommodation.

Administer the Government’s direct land sales program

The LDA continued to administer the direct sales program until 1 April 2010 when this function transferred to LAPS. The LDA will still have a limited role in direct sale activities related to site investigations and land sale documents.

Continue assisting CMD in monitoring the land supply pipeline for residential, commercial

and industrial land

The LDA has assisted CMD, and following its creation, LAPS in monitoring these pipelines. This assistance will continue.

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A10 TRIPLE BOTTOM LINE REPORT

Indicator 2009-10 Result 2008-09 Result % Change

ECO

NO

MIC

Employee Expenses

• Number of staff employed (head count, not FTE)

• Total employee expenditure (dollars)

Operating Statement

• Total expenditure (dollars)

• Total own source revenue (dollars)

• Total net cost of services (dollars)

Economic Viability

• Total assets (dollars)

• Total liabilities (dollars)

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MEN

TAL

Transport

• Total number of fleet vehicles

• Total transport fuel used (kilolitres)

• Total direct greenhouse emissions of the fleet (tonnes of CO2e)

Energy Use

• Total office energy use (megajoules)

• Office energy use per person (megajoules)

• Office energy use per m2

(megajoules)

84

10,494

225,054

318,368

N/A

346,188

220,123

6

11.65

29.07

733,960

9,159

335

86

8,379

177,564

234,490

N/A

342,763

217,130

5

10.01

20.61

835,000

10,122

319

2% Lower

25% Higher

27% Higher

36% Higher

N/A

1% Higher

1% Higher

20% Higher

16% Higher 41% Higher

12% Lower

10% Lower

5% Lower

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Indicator 2009-10 Result 2008-09 Result % Change

ENvI

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MEN

TAL

Greenhouse Emissions

• Total office greenhouse emissions - direct and indirect (tonnes of CO2e)

• Total office greenhouse emissions per person (tonnes of CO2e)

• Total office greenhouse emissions per m2 (tonnes of CO2e)

210.26

2.62

0.096

247.23

3.00

0.095

15% Lower

13% Lower

1% Lower

Water Consumption

• Total water use (kilolitres)

• Office water use per person (kilolitres)

• Office water use per m2 (kilolitres)

5,117

11.82

0.43

4,892

17.87

0.56

5% Higher

34% Lower

23% Lower

Resource Efficiency and Waste

• Total co-mingled office waste per FTE (litres)

• Total paper recycled (litres)

• Total paper used (by reams) per FTE (litres)

• Percentage of paper recycled (%) #

533

118,320 (Includes waste and secure bins)

N/A

63%

N/A

37,440 (Includes waste bin only, secure bin not recorded)

N/A

N/A

N/A

216% Higher*

N/A^

N/A SE

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The Diversity of Our Workforce

• Women (female FTEs as a percentage of the total workforce)

• People with a disability (as a percentage of the total workforce)

• Aboriginal and Torres Strait Islander people (as a percentage of the total workforce)

• Staff with English as a second language (as a percentage of the total workforce)

55% 51.2% 4% Higher

1.2% 0% 1% Higher

1.2% 0% 1% Higher

6.0% 5.8% 0.2% Higher

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Indicator 2009-10 Result 2008-09 Result % Change

SOCI

AL

Staff Health and Wellbeing

• OH&S Incident Reports

• Accepted claims for compensation (as at 31 August 2010)

• Staff receiving influenza vaccinations **

• Workstation assessments requested

9 3 200% Higher

3 3 0% change

41 38 8% Higher

13 75*** 83% Lower

* Resource Efficiency and Waste - Total paper recycled (litres): Please note that the amount of recycled paper for 2008-09 was only calculated from the waste paper bins as the total amount of secure paper recycled was not available. The amount of total recycled paper for 2009-10 was calculated by adding the total waste paper recycled and the total secure paper recycled, thus giving 2009-10 a much larger total.

^ Resource Efficiency and Waste - Total paper used (by reams) per FTE (litres): Please note that the total paper used by reams is unable to be calculated as the total paper recycled was calculated by litres and not by reams.

# Percentage of Recycled content of paper purchased.

** Two rounds of influenza vaccinations were offered in 2009-10. One for Swine flu and one for the normal influenza. The % change above is only based on the normal influenza vaccination.

*** Most LDA staff had workplace assessments in February 2009 when the LDA moved into new premises.

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Section B

Consultation and Scrutiny Reporting

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

B1 COMMuNITy ENGAGEMENT

The LDA applies a Community Engagement Framework in consulting the ACT Community on its projects. The framework is based on the Citizen Centred Governance model published on the CMD website at www.cmd.act.gov.au. This Governance model incorporates the desired community perspective and levels of engagement into Government system and processes. It covers three main elements of Government activity:

• priority and direction setting;

• service frameworks and delivery; and

• accountability.

There are several stages to community consultation and depending upon the level of consultation being undertaken by the Government, the first level is “informing”. This involves the notification by Government of a proposed release of land for sale.

The second level of consultation is “seeking information” which provides the community with the opportunity to comment on the proposal and receive feedback.

The third level of consultation is called “involving” and describes the activity where the community is invited by the Government to participate in hands, on activities such as workshops and meetings.

The final level of consultation is called “partnerships” and this is where the Government establishes a partnership with the community as a method of providing a recognised agreement with the community to be involved directly in the decision making process.

It should be noted that the level of consultation for most land releases will commence with the informing step. Then depending upon the response to the first level, the consultation process may proceed to the next level. Not all land releases will require more than one or two of the lower level consultation processes as some releases are the result of a direct request by the community e.g. childcare facilities.

This will not be the case when dealing with proposals which are deemed to be high profile and have significant public interest. Consultation on these sites starts at a level which will be determined by the Government.

The opportunity to comment at the Development Application (DA) stage remains.

Post development of its own residential estates, the LDA runs a community engagement program, Mingle, which is an initiative recognising the importance of building vibrant communities within new LDA estates. Currently implemented in the suburb of Franklin, the program aims to achieve a number of objectives all based around the notion of encouraging new residents to feel a part of the community and become involved in community life and activities.

This has so far been achieved through a series of well received events and activities in 2009-10 including family events, walking groups, social networking mixers and a movie night.

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B2 INTERNAL AND EXTERNAL SCRuTINy

The LDA Board and senior management ensure the accountability of program delivery through a strong governance approach. This approach is maintained through regular monitoring and scrutiny of key activities by the LDA Board, the LDA Board Audit Committee and the LDA Executive.

Internal policies and procedures are regularly reviewed to ensure they are current and reflect the business structure and objectives of the LDA.

Internal Audit is reported separately in Section C1 of this report.

The ACT Auditor-General did not conduct any performance audits of the LDA in 2009-10.

B3 LEGISLATIvE ASSEMBLy COMMITTEE INQuIRIES AND REPORTS

Report No. Title Date Presented

7 Standing Committee on Public Accounts Report No: 7 Report on Financial Reports 2008-09

March 2010

Recommendations Government Response Departmental Implementation

34 – The Committee recommends that upon settlement of Block 751 that the ACT Government report to the Legislative Assembly on the terms of conditions of the settlement including the price of the block.

Noted. The information regarding part Block 751 is commercially sensitive. As part of the process to acquire part Block 751, Exhibition Park Corporation arranged for an independent valuation based on the sale of the land for “tourist facility” – Non urban NuZ1 – Broadacre Zone. The valuation estimate is $300,000.

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Report No. Title Date Presented

4 Review of Auditor General August 2009* Report No: 8 of 2008: 2007­08 Financial Audits.

Recommendation Government Response Departmental Implementation

38 - The Committee recommends Agreed. Recommendation that the LDA review the adequacy implemented. The of the information included in adequacy of this its Statement of Performance information was reviewed to ensure compliance with the prior to the completion requirements of the FMA. of the LDA’s 2008-09

Statement of Performance and was also discussed at length with the ACT Auditor General’s Office in order to obtain agreement that the information was compliant. The ACT Auditor General’s Office subsequently issued (on 17 September 2009) an unqualified report on the LDA’s 2008-09 Statement of Performance.

Report No. Title Date Presented

5 Standing Committee on 23 March 2010** Planning, Public Works and Territory and Municipal Services Report on Annual and Financial Reports 2008-09.

Recommendation Government Response Departmental Implementation

1 - The Committee recommends Agreed. The LDA will comply with that the LDA comply with the Chief the CM’s Annual Report Minister’s 2007-2010 Annual Report Directions. Directions with regard to the reporting of Legislative Assembly Committee Inquiries and Reports.

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Recommendation Government Response Departmental Implementation

2 - The Committee recommends that the Annual Report for the LDA includes the procurement type for each contract listed.

Agreed. The LDA’s Annual Report includes the procurement type for each contract listed.

*Government response tabled 8 December 2009. **Government response tabled 24 August 2010.

B4 LEGISLATIvE REPORT

While the LDA does not administer any enactments, it is established by Section 31 of the Planning and Development Act and is bound by Chapter 4 of that Act.

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Other Reporting

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C1 RISK MANAGEMENT AND INTERNAL AuDIT

ENTERPRISE RISK MANAGEMENT

The LDA Board and Executive regularly monitor and review the LDA Strategic Risk Management Plan. Divisional risk management plans complement the LDA Strategic Risk Management Plan and the Executive ensures the effective transfer of risk mitigation strategies into operational planning and delivery.

During 2009-10 the Audit Committee approved a Business Continuity Plan and an Emergency Management Plan for the LDA which will provide business processes and systems for the agency’s continued operation during periods of disruption. The processes and procedures within the plans were also scenario tested. These plans complement the existing suite of risk management plans within the organisation.

BOARD AuDIT COMMITTEE

The Board Audit Committee and internal auditors provide independent assurance and assistance to the Board on the LDA risk management, financial controls and legal compliance as well as external accountability responsibilities.

The Board Audit Committee Charter requires the Board Audit Committee to monitor and review risk management arrangements in the LDA.

The three-year LDA forward audit program includes: legislative compliance, fraud control, records management, workforce health and safety policies, procurement and tendering processes.

The Board Audit Committee met six times during 2009-10.

C.1 Risk Management and Internal Audit

Name of Member Position Duration Meetings attended of total of 6

Jenny Morison Independent Chair 2009-2010 6

Bill Wood Deputy Chair 2009-2010 6

Margaret Gillespie Member 2009-2010 4

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C2 FRAuD PREvENTION

The ACT Integrity Policy addresses fraud and corruption prevention at the Whole of Government (WhoG) level. The Policy requires agencies to undertake a business integrity risk assessment and prepare a Fraud and Corruption Prevention plan every two years.

The LDA’s Fraud Control Plan provides the basic architecture for a robust fraud prevention strategy within the organisation and it is accompanied by a Risk Treatment Plan identifying the relevant risks. These were approved by the Audit Committee in May 2009 and remain current.

Professional fraud prevention training was provided across the LDA during 2008-09 to all staff and with fraud awareness education programs will continue to be made available to all LDA staff during 2010-11.

INCIDENTS OF FRAuD REPORTED IN 2009-10

There was one formal investigation into alleged fraud conducted by the agency during 2009-10. One investigation established fraud had occurred and appropriate penalties were applied under the disciplinary code. The relevant officer is no longer an employee of the LDA.

C3 PuBLIC INTEREST DISCLOSuRE

The Public Interest Disclosure Act 1994 provides the mechanism for people to report wrongdoing in the ACT Public Service. This action is referred to as making a Public Interest Disclosure, less formally known as “whistle-blowing”. A CMD information leaflet is available on the CMD website which provides information on making a public interest disclosure.

The leaflet includes summary information on:

• who can make a disclosure;

• what can be disclosed;

• what protection is available if a disclosure is made;

• who can receive a disclosure; and

• what agencies must do under the Public Interest Disclosure Act 1994.

The leaflet also provides contact details to obtain further information in making a disclosure.

During 2009-10 the LDA did not receive any disclosures under the Public Interest Disclosure Act

1994.

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C4 FREEDOM OF INFORMATION

The ACT Freedom of Information Act 1989 (the FOI Act) provides a legally enforceable right of access by citizens to all documentation in the possession of the ACT Government, subject only to exemptions to protect the legitimate interest of the ACT Government, and of the third parties who deal with the ACT Government. The FOI Act requires information about the operations of ACT agencies to be made publicly available, in particular, the rules and practices affecting citizens in their dealings with those agencies.

The LDA is a prescribed authority for the purposes of the FOI Act.

Section 7 of the FOI Act requires the LDA to prepare and publish a statement outlining its:

• organisation and functions;

• any public consultative arrangements;

• the categories of documents it maintains in its possession; and

• how members of the public can access these documents and contact details of relevant officers.

ORGANISATION AND FuNCTIONS

The LDA is a Territory authority established by Section 31 of the PDA to develop land, carryout works to enhance land, and carry out strategic or complex urban development projects.

The LDA does not administer any legislation.

For further details of the LDA’s organisation and objectives see Section A1 of this report.

PuBLIC CONSuLTATION

The LDA applies a Community Engagement Framework in consulting the ACT community on its projects. For further details see Section B1 of this report.

CATEGORIES OF DOCuMENTS

The LDA holds several categories of documents:

• those that are available on request and without charge; and

• all other kinds of documents that may be available under the FOI Act.

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DOCuMENTS AvAILABLE ON REQuEST AND WITHOuT CHARGE

These documents include LDA sales and marketing material, that can be obtained from the LDA public counter at Level 6 TransACT House, 470 Northbourne Avenue, Dickson. The majority of these documents can be downloaded from the LDA website at www.lda.act.gov.au

In addition the copies of the following documents can also be downloaded from the website:

• The Indicative Land Release Program

• Annual Reports

• Statements of Intent

ALL OTHER KINDS OF DOCuMENTS THAT MAy BE AvAILABLE uNDER THE FOI ACT

These documents include general files, minutes of meetings of management and other committees, background papers, policy statements, financial and staffing estimates, program and policy files, records on computer or paper in connection with specialised divisional functions, contracts and tenders, records of Government, and leases and deeds of agreement.

FACILITIES FOR ACCESS

Before submitting a formal FOI request, persons seeking information are encouraged to contact the LDA FOI Coordinator as in many cases, information can be provided more quickly and efficiently through such an approach, as LDA documents may also be accessed outside the FOI Act.

The LDA public counter is located on Level 6 TransACT House, 470 Northbourne Avenue, Dickson. Several bus stops are close to TransACT House and short-term car parking is located off Challis Street including disabled car park spaces. The building has wheelchair and elevator access.

SECTION 8 STATEMENT

Section 8 of the FOI Act requires the LDA to publish a statement setting out particulars of:

• manuals or other documents containing interpretations, rules, guidelines, practices or precedents;

• documents about a scheme, its administration or enforcement; and

• documents describing the procedures for investigating breaches or evasions of schemes.

The LDA uses the following documents in making decisions:

• the SOI for the Budget year, a copy of which is published on the LDA website; and

• the LDA Guidelines for FOI Decision Makers and Action Officers.

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SECTION 48 STATEMENT

Section 48 of the FOI Act provides for a person, under specified circumstances, to ask for personal information in the documents to be amended if he or she believes they are incomplete, incorrect, out-of-date, or misleading – providing the person establishes one of the these grounds.

During 2009-10 no requests were received under Section 48.

SuMMARy OF OuTCOMES OF FOI REQuESTS ­SECTION 79 (2)

In 2009-10 the LDA received 20 applications under the FOI Act for access to documents held by the Agency. Of the 20 requests, 10 were finalised with full or partial access being granted, five requests involved a technical refusal and two requests were outstanding at 30 June 2010.

No applications fees were applied to any request.

Time taken to finalise FOI request

Number of FOI requests received

30 days or less

31 to 45 days

46 to 60 days

61 to 90 days

91 days or more

Not yet finalised

20 14 2 2 1 Nil 2

*One request was received in 2008-09 but was finalised as withdrawn in 2009-10.

Access Decisions

Full Access Partial Access Total Exemptions Technical Refusal (no documents)

Withdrawn

4 6 Nil 5 5

*One request was received in 2008-09 but was finalised as withdrawn in 2009-10.

Decisions Appealed

Requests for internal review

Affirmed Partial Access Overturned

Nil Nil Nil Nil

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Requests to AAT Affirmed Overturned Ongoing

Nil Nil Nil Nil

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Fees and charges (for requests >10 hours processing time)

Fees Charged Total Amount Collected

2 requests $6,710

Applicant Type

Member of public

Solicitor Association/ Organisation

MLA Company

Nil 8 Nil 12 Nil

Requests to amend personal records (Section 48)

Requests Affirmed Overturned Ongoing

Nil Nil Nil Nil

FREEDOM OF INFORMATION GuIDELINES

The LDA FOI guidelines were updated during 2009-10 and are available through the LDA website and intranet.

The purpose of these guidelines is to inform decision-makers and action officers about the FOI Act and their roles in managing responses to applications in accordance with the FOI Act in a comprehensive and timely way.

AuDIT OF COMPLIANCE WITH THE ACT Freedom oF InFormATIon ACT 1989

WalterTurnbull was engaged by the LDA to undertake various internal audit assignments as part of the LDA Audit Committee Forward Program 2009-10. Included in that program was an audit of the LDA’s compliance with the FOI Act.

The LDA receives approximately 20 FOI requests per year. The applicants generally comprise legal firms acting for commercial land development companies and members of the ACT Legislative Assembly and ACT residents.

The LDA Audit Committee sought confirmation on whether or not the LDA is complying with the FOI Act, and how effective and appropriate the LDA FOI processes were in meeting the requirements of the Act.

Overall, WalterTurnbull found that the Legal and Compliance Division had established a robust control framework supported by appropriate systems and processes to enable the LDA to comply with the statutory functions under the FOI Act. Minor areas of improvement were recommended to strengthen the control framework, including the introduction of staff training and a checklist to provide the Decision Maker with assurance that all required procedures have been undertaken.

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C5 INTERNAL ACCOuNTABILITy

LDA BOARD

The LDA Board is established by Section 42 of the Planning and Development Act 2007 as a governing board. The Board must have at least five but not more than eight members. In appointing board members, the Minister must try to ensure that the following disciplines and areas of expertise are represented:

• land development;

• landscape architecture;

• sustainable development;

• economics;

• public law;

• finance or accounting;

• public administration; and

• engineering.

In 2009-10 there were seven Board Members and a total of 17 meetings.

Board Attendance 2009-10

Name Position Meetings attended of total of 17

John Haskins Chair 17

Jenny Morison Deputy Chair 15*

John Robertson CEO 16*

Bill Wood Member 17*

Ray young Member 16*

Margaret Gillespie Member 14*

Robert Tonkin (joined Jan 10) Member 8*

* Apologies recorded.

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(L - R) Jennifer Morison, John Robertson, Ray young, John Haskins, Margaret Gillespie, Bill Wood,

Robert Tonkin (Absent).

John Haskins AM (Chairman)

Prior to his retirement from full-time work in 1998, John Haskins was chairman for over 20 years of a medium-size construction and development company with offices on the Gold Coast, Canberra and Sydney. John has always been involved in all facets of the construction and development industry and still is today with his continued involvement in the Master Builders’ Association (MBA) of Australia.

He is the immediate past vice-President of the world-wide construction industry association known as Confederation of International Contractors’ Association (CICA) and immediate past president of International Federation of Asian and Western Pacific Contractors’ Association (IFAWPCA) of which 15 countries are members.

John is a Life Member and past president of the MBA of Australia and Life Member and past president of the MBA of the ACT.

Currently, John sits on the board of Construction Building unions Superannuation Fund (CBuS), is Chairman of the CBuS Audit Committee, is a director of the utilities Trust of Australia and a director of Woden Green.

John was recently awarded the Medal of Australia (AM) in the Queen’s Birthday Honours for his service and outstanding contributions to the building industry both locally and internationally.

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Jennifer Morison FCA (Deputy Chair)

Jenny Morison is a Chartered Accountant (FCA) with 26 years of broad experience in the profession and commerce, her career has included audit, taxation, management consulting, corporate advisory work and consulting to government. In 1996, Jenny formed her own business, Morison Consulting Pty Limited which specialises in providing strategic financial management advice to senior executives within the government sector.

Jenny has been a board member of the Gungahlin Development Authority, the Kingston Foreshore Development Authority, Growth Centres Commission (NSW), ACTION and the Institute of Chartered Accountants in Australia. She is currently a member of the NSW and National Board of the Australian Institute of Management. Jenny is a leading consultant in the area of public sector financial management reform in Australia and is an independent member and Chair of a number of Commonwealth and ACT Government department audit and risk committees.

Bill Wood

Bill Wood was a member of the ACT Legislative Assembly from its inception in 1989 until his retirement in 2004. From this position he developed strong knowledge of, and communication with a wide range of community groups operating in the ACT. He became familiar with the major issues facing the Territory and its people.

Over six and a half years he served as minister in two governments. From 1991 to 1995 he was Minister for Environment, Land and Planning in the Follett Government with ministerial responsibility for most of the functions now performed by the LDA. The management of land supply and its development was a major priority ensuring that there was sufficient land to meet the demands of a growing population. Ministerially, he had responsibility for the quality of that development through the Territory’s planning legislation and its administration.

He charted the way towards returning land development to be an integral activity of government, rather than development simply via englobo sales to developers. He began by considerably expanding the number of joint ventures through which the government had a more direct role in development. It was a period too, of greater focus on energy efficient suburban design, sustainability, sound environmental policies and the introduction of a greenhouse strategy.

He advanced long-considered, but delayed, plans for urban renewal and consolidation, with the introduction of a policy that half of new housing starts should be in established areas rather than greenfield. During that time he was also instrumental in overseeing the development of the first consolidated Territory Plan replacing a large number of site-specific policies.

From 2001 to 2004 he was Minister for Housing and Community Services in the Stanhope Government when greater priority and increased capital funding was directed to the need to maintain the public housing stock. He established the Housing Affordability Task Force which provided strong direction to issues relating to housing supply and the housing stress caused by high land and house prices now a major policy issue for the Government and the Agency.

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He has been a board member of the LDA for the last four years and is a member of its Audit Committee.

Ray young

Ray young is a civil engineer with more than 30 years experience in the consulting engineering field.

He formed young Consulting Engineers Pty Ltd (formerly R.A. young and Associates) in 1982, growing that organisation to staff numbers of 60 with its head office in the ACT and offices in, Sydney, Melbourne and Brisbane. These offices provided a full consulting service over a wide range of civil engineering projects.

In 2004 this company merged with Cardno Limited, a major Australian owned national and international engineering and management group.

Since 1984 Ray has been closely involved in urban land development in the surrounding region and in particular the ACT as the industry moved to a greater involvement by the private sector. These projects included the Jerrabomberra Estate in NSW and the Harcourt Hill Estate in the ACT.

Ray retired from full time work in 2006. He continues to be involved in some consulting work and holds other board positions including President of the Royal Canberra Golf Club and a member of the Salvation Army Advisory Board. Ray is the former Chairman of the Radford College Board.

Ray is also a former National President of the Association of Consulting Engineers Australia.

In 2000 Ray was presented with the Australian Sports Medal for his engineering contribution to the Sydney Olympic Games and in 2002 received the Centenary Medal for his contribution to Consult Australia (formerly the Association of Consulting Engineers Australia).

Margaret Gillespie

Prior to her retirement from full time work in 2008, Margaret was the Assistant National Secretary of the Community and Public Sector union (CPSu). Margaret headed up the Canberra office of the union and served as Director of the union’s Legal and Technical unit. Margaret has extensive experience with legislation, parliamentary procedure and government decision making procedures.

Margaret served two terms as an honourary Assistant Secretary of the Australian Council of Trade unions (ACTu).

Currently, Margaret is a trustee on the board of Australian Reward Investment Alliance (ARIA) superannuation fund, is a member of the university of Canberra Council as well as being a member of the Ministerial Advisory Council on Women.

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Robert Tonkin

Robert Tonkin is a former senior Commonwealth and ACT public servant and has been a resident of Canberra since 1973. Mr Tonkin is a former Deputy Secretary of the Department of Defence, Chief Executive of CMD, and was an attached Secretary within the Department of the Prime Minister and Cabinet.

Robert has extensive high-level experience in public sector governance, strategic policy and resource management, and in national security and risk management.

At the Department of the Prime Minister and Cabinet, Robert led the Australian Government’s Taskforce on Offshore Maritime Security, and headed the Secretariat of the 2004 COAG National Enquiry on Bushfire Mitigation and Management. In the ACT he led reform initiatives in the ACTPS and the Service’s response to the 2003 bushfires and served on the Bushfire Recovery Taskforce.

As a Deputy Secretary in the Department of Defence, Robert was concurrently CFO and CIO and oversighted a number of divisions including corporate planning, government relations, estate management, personnel, corporate support and audit and lead the Department’s successful implementation of major reform and efficiency initiatives.

Robert has chaired a number of Commonwealth department audit committees and has been a board member of the Defence Housing Authority (DHA).

He has previously been a member of the Council of the Order of Australia and of the Australian Bravery Decorations Council, and was Deputy Chair of the Defence Reserves Support Council of the ACT.

Currently, Robert is the National Secretary and ACT Chair of the Australian Industry and Defence Network.

Mr Tonkin has an Honours degree in urban geography and is a Fellow of the Australian Institute of Management.

John Robertson

John Robertson joined the LDA on 22 August 2007, as acting CEO. He was appointed to the position of CEO in November 2007 and is a member of the LDA Board. John is responsible for the Agency’s delivery of the ACT Government program of commercial, industrial and residential land release to the market through joint ventures with the private sector, englobo releases and development of the LDA’s own estates.

John was previously the Executive Director of ACT Procurement Solutions, the ACT Government’s acknowledged centre of procurement excellence. From June 2002 John led a team, which grew to 100 professionals, in the procurement of a wide range of goods, services and works and the construction of a wide range of public infrastructure and facilities. At the time John left Procurement Solutions, it had construction projects totalling over $800 million under management, including major roads, new schools, hospital upgrades and arts and correctional facilities.

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John has extensive experience in the management and reform of government business enterprises, the development of regulatory frameworks, economic, industry and innovation policy, procurement and governance issues with both the Commonwealth and ACTPS. Key activities to which John has made major contributions include the reform of ACT Government procurement arrangements, the establishment of the ActewAGL joint venture arrangements and the ACT’s utility regulatory framework.

John has held a number of statutory and Board appointments and been a member of a broad range of Commonwealth-State Senior Officials Groups and working parties, most recently as a member of the Australian Procurement and Construction Council Leadership Group. He is a member of the Australian Institute of Company Directors and was the inaugural ACT Regional Chair of the Chartered Institute of Purchasing and Supply Australia.

REMuNERATION FOR CHIEF EXECuTIvE OFFICER AND THE LDA BOARD MEMBERS

under the Remuneration Tribunal Act 1995 the Remuneration Tribunal determines remuneration for the CEO and Board Members.

Senior Executives*

Name Position

John Robertson Chief Executive Officer - LDA

Ian Wood-Bradley General Manager – Planning and Design

Chris Reynolds General Manager – Development

* As at 30 June 2010

MANAGEMENT COMMITTEES

The LDA Executive Committee manages ongoing operational issues, oversees project delivery, implements development programs and addresses organisational management issues.

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Executive Committee*

Name Position

John Robertson Chief Executive Officer - LDA

Ian Wood-Bradley General Manager – Planning and Design

Chris Reynolds General Manager – Development

Matthew Kelly General Manager – Finance

Annette Wright Business Manager – Business Support

* As at 30 June 2010

WORKPLACE HEALTH AND SAFETy COMMITTEE (WHSC)

The LDA’s WHSC facilitates consultation and communication between employees, represents unions and management. It also monitors the effectiveness of the safety management system and develops initiatives and programs to achieve improved outcomes in health and safety.

WHSC Committee*

Name Position

Tony Charge Chairperson

Matthew Kelly Executive Representative

Alvaro Macias Level 7 Workplace Safety Representative

Stephen Terracini Level 6 Workplace Safety Representative

Chris Adams Business Manager

Steve Polsen Facilities Manager

Joanne Rosewarne Human Resources Manager

Shared Services Representative

CPSu Workplace Delegate

*As at 30 June 2010

JOINT vENTuRE MANAGEMENT COMMITTEES

The joint ventures in Crace, Forde and Woden Green are each managed by a Joint venture Management Committee. Separate project control groups manage the operational aspects of each respective site.

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Crace

Crace is being developed as a joint venture between the LDA and Crace Development Pty Ltd. Crace Developments is a consortium with Canberra Investment Corporation Ltd (CIC) as project manager and lead partner. The other consortium partners are DHA, CHC Affordable Housing and investment company, Tatebrook Pty Ltd. The whole suburb has HIA Greensmart© accreditation – a Canberra first and a special arrangement with Greening Australia is offsetting emissions during the development process.

The Crace Demonstration village features a unique mix of 17 architect-designed homes and terraces. To find out more visit www.crace.com.au

Forde

Forde in Gungahlin is a joint venture development between the LDA, Delfin Lend Lease and CIC. Dedicated to creating a genuine sense of community and a respect for the surrounding natural bushland, Forde has a strong focus on sustainability. To find out more visit www.forde.com.au

Woden Green

Woden Green is a joint venture development between the LDA and Woden East Pty Ltd. The planning of Woden Green was formed as a “Residential Lifestyle Estate”, setting a new standard in innovation and quality for Multi Generational living. This has led to an emphasis on high quality, architecturally designed, fully adaptable housing integrated into an environmentally sensitive landscaped environment. The development aims to achieve walk-ability, active street frontages and a proactive approach to achieving a wide range of housing outcomes in close proximity to the Woden Town Centre.

Details of the financial statements for 2009-10 for all joint ventures are provided in Section A6 of this report.

C6 HuMAN RESOuRCE PERFORMANCE

The LDA’s Human Resource (HR) unit transferred to LAPS on 1 April 2010 and continues to provide strategic, operational and technical HR support and advice to executives, managers and staff of the LDA.

During the year the LDA implemented a number of initiatives consistent with the WhoG strategic themes:

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Delivering for the Future

• As a small agency, the importance of attracting and retaining high performing employees is magnified. The LDA is enhancing its workforce planning strategy and working to attract and retain skilled employees, especially in the areas of contract management and engineering. The LDA has promoted professional networking and course opportunities for future leaders, such as the young Professionals Network (yPN), the ACTPS Executive Development program and the ACTPS Leadership Development program.

• Significant learning and development opportunities have been arranged for employees and are detailed in Section C8 of this report. In addition new employees are supported by the provision of access to the WhoG e-induction program as well as an LDA tailored induction package.

Strengthening Organisational Resilience

• The LDA Capability Framework sets out the capabilities the LDA expects its staff to demonstrate in order to fulfil its mission.

• The LDA is committed to creating and maintaining a working environment free from all forms of discrimination, harassment and bullying. Workplace diversity officers have been appointed and trained to assist staff in matters relating to workplace discrimination, bullying and harassment. It is recognised that every individual has the right to bring complaints to their Manager, Supervisor, Diversity Officer or HR and that all matters will be dealt with seriously, promptly and fairly with no victimisation of complainants and witnesses.

• The LDA engaged the services of IPS Worldwide (IPS) on 1 July 2009 to provide an Employee Assistance Program (EAP).

• The EAP provides counselling and support for all employees and immediate family members. IPS provide professionally qualified psychologists with industry accreditation and substantial experience. IPS has also conducted health and wellbeing lunchtime seminars for staff.

Working Collaboratively

• The LDA actively participates in interagency forums such as HR Council, Shared Services HR Executive Group, Shared Services Functional Reference Groups and the Occupational Health, Safety and Rehabilitation Advisory Committee (OHSRAC).

• The CMD’s Collective Agreement 2007-2010 incorporates a strong consultative spirit particularly in relation to change in the workplace. The consultative provisions are reinforced through the operation of the Workplace Consultative Committee (WCC). The WCC and monthly staff forums are the primary mechanisms for consultation about workplace issues.

• The LDA also has a WHSC that meets bi-monthly. Workplace Safety Representatives (WSRs) have been appointed across the LDA and have completed compulsory training.

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Enhancing Skills and Capabilities

• The LDA SOI 2009-10 outlines the LDA’s mission, vision, values, objectives and strategic direction. These are also detailed in Section A1 of this report.

• One of the LDA’s objectives is “Developing the LDA’s capabilities and the expertise of staff to enable enhanced delivery of LDA’s objectives”. In furtherance of this objective, and under the auspices of the Memorandum of understanding (MOu) between the ACT Government and the university of Canberra, the university has completed a learning and development needs analysis for the LDA using the LDA’s Capability Framework as a key point of reference. The analysis identified the key organisational priorities as: strategic leadership, change leadership, stakeholder management, people management, governance and public policy development. The LDA is now working with the university to incorporate these into its learning and development strategies.

• Performance management is crucial in assisting individual development, achievement of strategic goals and measurement of performance. The LDA Development and Performance Program requires employees and managers to periodically review performance against expectations and includes the provision of supportive feedback.

• During 2009-10, a new performance development framework was developed with staff and managers all receiving training in giving and receiving feedback before commencing the cyclic process. The LDA achieved 100 percent staff coverage of Development and Performance agreements.

• Training courses were offered to LDA staff with details provided in Section C8 of this report. The LDA also supported employees undertaking external study through its Studybank Policy.

C7 STAFFING PROFILE

The LDA comprises a workforce of 84 employees of whom 46 are female and 38 are male. Of this workforce, 75 (90 percent) are permanent employees being the same percentage as reported in 2008–09.

The following tables outline the breakdown of staff by classification, employment category, average length of service and age profile as at 30 June 2010.

Full-time equivalent (FTE) and Headcount

Female Male

FTE by Gender 42.1 38

Headcount by Gender 46 38

% of Workforce 55% 45%

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Employment Type

Permanent Temporary Casual

75 9 -

Classifications

Classification Group Female Male Total

Executive Officers  ­ 3 3

Senior Officers 28 27 55

Administrative Officers 18 8 26

TOTAL 46 38 84

Employment Category by Gender

Employment Category Female Male Total

Casual  ­ - -

Permanent Full-time 33 34 67

Permanent Part-time 8  ­ 8

Temporary Full-time 2 4 6

Temporary Part-time 3  ­ 3

TOTAL 46 38 84

Average Length of Service by Gender

Average Length of Service Female Male Total

0-2 16 9 25

2-4 17 6 23

4-6 4 6 10

6-8 1 2 3

8-10 - 4 4

10-12 3 - 3

12-14 1 1 2

14+ years 4 10 14

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Total Average Length of Service by Gender

Gender Average length of service

Female 4.7

Male 9.3

Total 6.8

Age Profile

Age Group Female Male Total

<20 - - -

20-24 5 1 6

25-29 9 1 10

30-34 9 5 14

35-39 6 7 13

40-44 5 4 9

45-49 3 4 7

50-54 8 7 15

55-59 - 4 4

60-64 1 3 4

65-69 - 2 2

70+ - - -

Agency Profile

Branch/Division FTE Headcount

Development 25.93 27

Executive 1 1

Executive, Communications and Sales 15.24 16

Finance 8.25 9

Legal and Compliance 9 9

Planning and Design 20.68 22

Total 80.1 84

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Agency Profile by Employment Type

Branch/Division Permanent Temporary Casual

Development 26 1

Executive 1

Executive, Communications and Sales 15 1

Finance 9

Legal and Compliance 9

Planning and Design 16 6

Total 75 9 0

Equity and Workplace Diversity

A B C

Aboriginal and/or

Torres Strait Islander

Employment

Culturally and

Linguistically Diverse (CALD)

Employment

Employment of people

with a disability

Number of employees

who identify in any of the

Equity and Diversity

categories (A, B, C)*

Women

Headcount 1 5 1 7 46

% of Total Staff 1.2% 6.0% 1.2% 8.3% 54.8%

Note: The statistics exclude board members, staff not paid by the ACTPS and people on leave without pay. Staff members who had separated from the ACTPS, but received a payment have been included.

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C8 LEARNING AND DEvELOPMENT

Learning and development remained a high priority for the LDA in 2009–2010.

Staff accessed a range of in-house programs, Shared Services Centre (SSC) Training Calendar Programs, and various external specialist programs to build, retain and enhance skills and knowledge within the LDA.

Key organisational priorities were identified and staff attended learning and development programs in the following subject areas:

• records management;

• environmental management;

• leadership and management;

• land and housing development;

• freedom of information and governance;

• workplace health and safety;

• financial management;

• project and contract management;

• information technology and communications;

• communication and writing skills;

• business capability and human resources; and

• sales and marketing.

The LDA is committed to WhoG learning and development initiatives as demonstrated below:

WhoG Training Programs

Initiative Number of Participants

ACTPS Graduate Program 1

young Professionals Network 15

Future Leaders Program 4

Executive Development Program 1

PSM Program 0

Sponsored Training for First Time and Frontline Managers 0

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In-House Training Programs

Initiative Number of Participants

Workplace Health and Safety Act – an overview 98

Management responsibilities under the Workplace Health and Safety

Act

48

Code of Ethics Awareness Training for Senior Managers and Executives 6

Contract Management 16

Studies Assistance

Five employees or four percent participated in the Studies Assistance Program.

ACTPS Training calendar

LDA staff participated in a total of 168 ACTPS Training Calendar Courses.

Future Priorities

As identified in Section C6 of this report, future priorities for learning and development include:

• Strategic Leadership;

• Change Leadership;

• Stakeholder Relations;

• People Management ;

• Governance;

• Public Policy Development ;

• Risk Management ;

• Contract Management; and

• Procurement.

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C9 WORKPLACE HEALTH AND SAFETy

The health and safety of all of employees is a high priority for the LDA as is the right to work safely in a healthy environment. Workplace Health and Safety (WHS) initiatives are focussed on the delivery of a healthy workplace meeting Government’s legislative and policy requirements.

HEALTH, SAFETy AND WELLBEING OF STAFF

WHS is a prominent part of the LDA’s induction program to ensure all new starters are aware of their workplace health and safety obligations, protection and responsibilities. The induction program informs new starters of WHS assistance available in the workplace. The LDA’s health, safety and wellbeing initiatives include workplace assessments, provision of appropriate equipment and chairs, lunch time ‘healthy life’ information sessions and ten minute seated massages.

As part of an ACT Government initiative, access is provided to physiotherapy services supplied through the Canberra Hospital.

The LDA offered to support a number of smokers to quit as part of its commitment to a Smokefree Workplace and also offered all staff immunisation against the H1N1 influenza virus in 2009 and the H3N2 and B strain influenza viruses in 2010.

The WHSC, comprising LDA Executives, Corporate Representatives, Shares Services and WSR’s met regularly during the 2009-2010 reporting year. These meetings allowed staff to raise WHS matters enabling matters to be resolved and improvement strategies to be developed and implemented.

WSRs perform their duties in accordance with the Work Safety Act 2008 (the Act). These officers conduct regular inspections of workplaces, including viewing staff members’ immediate workspaces, desk and chair heights, as well as corridors and other work spaces.

WORKPLACE HEALTH STRATEGIC PLAN 2008-2012

The ACT Public Sector Workplace Health Strategic Plan for 2008-2012 has been developed to improve workplace health, safety and injury management outcomes for ACT Government employees. The Plan sets out performance targets in the three key results areas of leadership, injury prevention and injury management. The LDA has met all targets for 2009-2010.

The Act came into effect in October 2009 and LDA staff attended a compulsory one hour introductory information session (level 1 training). Senior Executives and managers also attended level 2 training sessions on providing leadership for a safe workplace. These sessions outlined organisational and managerial responsibilities under the Act and also alerted Senior Executives and managers of the penalties for non compliance.

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INJuRy MANAGEMENT

There were no reported incidents or notices of non-compliance in 2009-2010 that have required notification under the Act.

C10 WORKPLACE RELATIONS

With the nominal expiry of the CMD’s union Collective Agreement 2007-2010 on 31 March 2010, work has commenced on the development of a new Enterprise Agreement (EA) to be hosted by LAPS. It is expected that this Agreement will be implemented early in the 2010-11 financial reporting year.

During 2009, as part of administrative arrangement transfers, the LDA’s portfolio responsibility transferred from CMD to LAPS and the LDA moved membership to the LAPS Agency Consultative Committee which meets quarterly to discuss whole–of–agency issues. In addition, the LDA has convened a WCC to discuss workplace issues with unions and staff representatives.

There are no Australian Workplace Agreements (AWAs) in place within the LDA and no staff have transferred from AWAs to Special Employment Arrangements (SEAs). Consistent with Government policy, no new AWAs have been offered or approved in 2009-2010.

Description No. of Individual

SEAs

No. of Group SEAs*

Total employees covered by

Group SEAs**

Total

A B C (A+C)

SEAs

Number of SEAs as at 30 June 2010 5 0 0 5

Number of SEAs entered into during period

1 0 0 1

Number of SEAs terminated during period

4 0 0 4

Number of SEAs providing for privately plated vehicles as at 30 June 2010

0 0 0 0

Number of SEAs for employees who transferred from AWAs period

0 0 0 0

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Number of AWAs as at 30 June 2010 0 0 0 0

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Description No. of Individual

SEAs

No. of Group SEAs*

Total employees covered by

Group SEAs**

Total

A B C (A+C)

Number of AWAs terminated/lapsed 0 0 0 (including formal termination and those that have lapsed due to staff departures)

* Or equivalent level Classification Range Remuneration as at 30 June 2010

Individual and Group SEAs SOGA $140,211 - $164,211

AWAs (includes AWAs ceased 0 0 during period)

C11 STRATEGIC BuSHFIRE MANAGEMENT PLAN

The LDA complies with the requirements of the Government’s Strategic Bushfire Management Plan for the ACT.

The Emergencies Act 2004 requires the Emergency Services Authority (ESA) to develop a Strategic Bushfire Management Plan (SBMP). The SBMP establishes the basis and framework for efficient, effective and comprehensive management of fire and fire related activities to protect human life, property, assets and the environment. One of the requirements of the plan is that land managers inside the Bushfire Abatement Zone (BAZ) produce a Bushfire Operational Plan (BOP).

The LDA prepares a Bushfire Management Plan (BMP) to cover areas under its land management control and sets out individual requirements and commitments in a BOP.

The LDA’s BOP comprises a variety of methods to reduce or remove fire fuels such as dead and damaged trees, long dry grass and fallen branches, some shrub and lower branches, bark and leaves. In 2009–10 these methods included physical removal, slashing, mowing, grazing, general maintenance and creation of fire suppression trails.

All areas in which these methods are applied are monitored for regrowth.

In 2009-10 slashing was carried out on over 32.8 hectares at Ngunnawal, Lawson, Crace, Gungahlin, Bonner and Casey.

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In addition, the LDA undertakes individual bushfire risk assessments for Estates as directed by ESA’s SBMP and using ACTPLA’s guidelines such as Planning for Bushfire Risk Mitigation 2005 and its successor, Planning for Bushfire Risk Mitigation General Code 2008.

Bushfire mitigation strategies identified as a result of these assessments are implemented in development of the Estates or included in individual sale conditions.

C12 STRATEGIC ASSET MANAGEMENT

The LDA has an Asset Management Plan covering planned fixed asset acquisitions and disposals for the period 2009-10 and addressing the principles and requirements of the ACT Asset Management Strategy.

The plan covers all assets utilised by the LDA in its service delivery including leased and financed assets. It addresses asset management directions and strategies, asset acquisitions or replacements, office accommodation, asset maintenance and asset re–use or rationalisation opportunities.

ASSETS MANAGED

The LDA has operational assets valued at $6.893 million comprising two buildings at Kingston Foreshore, a sales office, two amenities buildings and office furniture, fittings and equipment.

These assets are held at independent valuation (building) and cost (furniture, fittings and equipment) net of accumulated depreciation.

The LDA’s main assets are land purchased from the Commonwealth and ACT Government and land development works in progress. The land and associated works are treated as inventory by the LDA and valued at the lower of cost or net realisable value in accordance with Australian Accounting Standards. Land inventories also include work–in–progress expenditure on infrastructure.

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Assets Managed

Assets Properties

Built property assets (by 1. Former Transport Depot (occupied by the Old Bus Depot type e.g. school, health, Markets, the Burley Griffin Antique Centre and the former community) LDA offices).

2. Former Kingston Fitter’s Workshop (vacant heritage building).

3. Bonner Sales Office (house).

4. A temporary amenities building (toilet block and mothers room) at Bonner Display village.

5. Temporary office building and temporary amenities building (toilet block).

Land Land held by the LDA is being prepared for sale or is being sold and therefore the area is constantly changing.

Infrastructure (e.g. roads, Not applicable. bridges, traffic signals)

urban parks Some of the LDA estates contain urban parks which are held during the consolidation period and then passed to the Department of Territory and Municipal Services (TAMS).

Other Not applicable.

During 2009-10 the following assets were added to the Agency’s asset register – two electronic whiteboards.

During 2009-10 the following assets were removed from the Agency’s asset register – Kingston Office Complex.

On 30 June 2010 the LDA had two properties which are not being utilised by the agency. These are a temporary office building and temporary amenities building which are scheduled to be transferred to LAPS in 2010-11.

ASSETS MAINTENANCE AND uPGRADE

In 2009-10 the LDA operational assets were subject to general repairs and maintenance only. No upgrades were undertaken.

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OFFICE ACCOMMODATION

As of 30 June 2010, 86 people occupied approximately 2,614 m2 of LDA office accommodation as follows.

Location 1: Levels 6 and 7, TransACT House, 470 Northbourne Avenue Dickson 83 occupied approximately 2,290m2.

Location 2: Bonner Display/Sales Office, 1 Clay Street Bonner 3 occupied 324 m2.

This office accommodation included public sales counters, reception and display areas and facilities for the conduct of Board meetings, public sales events and community forums.

C13 CAPITAL WORKS MANAGEMENT

The LDA carries out a significant number of civil infrastructure and landscape construction programs in conducting its land development activities. Most expenditure is incurred in constructing major infrastructure items and servicing estates.

Civil Infrastructure Construction - Work in Progress

Project Original Estimates

year of Approval

Original Estimated Completion

Revised Completion Date

Revised Total Project value

Bonner 2 Stage 1^ $11,856,460 2009 11/10 12/10 $11,856,460

Gungahlin Business Park Stage 2^

$3,092,129 2009 02/10 07/10 $3,600,000

Flemington Road Infrastructure^

$2,931,590 2009 06/10 07/10 $2,937,733

Belconnen Sewerage Treatment Remediation Works^

$980,595 2009 10/10 10/10 $980,595

Bonner 2 Stage 2^ $9,764,279 2009 11/10 12/10 $9,764,279

Bonner 3 Stage 1^ $12,226,021 2009 03/12 03/12 $12,226,021

Gungaderra Creek Culverts and Cyclepath^

$1, 308,554 2009 09/10 08/10 $1,320,453

^ New Project (commenced in 2009-10)

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Civil Infrastructure - Completed

Project Original Estimates

Final Costs Estimated Completion

Practical Completion

Financially Complete

Kingston Section 54 $500,000 $535,992 06/09 07/09 No Access Road

Franklin 3B $17,178,000 $14,756,000 01/09 09/09 No

Thynne Street $720,959 $720,959 08/09 08/09 No Extension - Bruce

Gungahlin Block $118, 987 $118, 987 10/09 10/09 No 4 Section 3 Site Servicing

Bonner 1A $15,590,000 $18,000,000 06/09 08/09 No

Bonner 1B1 $10,370,008 $10,370,008 08/09 06/10 No

Bonner 1B2 $12,183,000 $10,510,000 11/09 04/10 No

Fyshwick Section 29 – $269,776 $269,776 02/10 08/09 No Site Servicing^

Harbour Civil Works* $20,943,329 $31,081,822 12/09 03/10 No

^ New Project (commenced in 2009-10) * Original scope of works in contract for $21 million was completed in December 2008. In October 2008, this contract was varied to substantially increase the scope of works which consequently increased the cost of the contract to $31 million and extended the date of practical completion to March 2010.

Landscape Construction - Work in Progress

Project Original Estimates

year of Approval

Original Estimated Completion

Revised Completion Date

Revised Total Project value

Gungahlin Metros $1,186,121 2008 10/10 10/10 $1,199,882 Rear Laneway Construction^

Franklin 1 Laneways^ $75,056 2008 10/10 10/10 $65,846

Bonner 1A $1,426,052 2008 04/10 11/10 $1,488,289

Franklin 3A and 3B $2,070,001 2008 05/10 07/10 $2,339,986

Bonner 1B1 $2,415,693 2009 06/10 10/10 $2,677,965

Bonner 1B2^ $966,721 2009 06/10 $966,721

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Project Original Estimates

year of Approval

Original Estimated Completion

Revised Completion Date

Revised Total Project value

Gungaderra Package C^

$1,837,695 2009 03/11 03/11 $1,837,695

Bonner Display village Landscaping^

$567,427 2009 06/10 06/10 $567,427

yerrabi 2 Residential Estate

$1,000,000 2005 Ongoing 04/10 $1,356,867

^ New Project (commenced in 2009-10)

Landscaping Construction - Completed

Project Original Estimates

Final Costs Estimated Completion

Practical Completion

Financially Complete

Gungaderra Creek Package B

$618,621 $618,167 04/10 03/10 No

Dunlop 4 Landscape Finalisation

$226,571 $226,571 02/10 12/09 No

Harrison 2 Landscape Finalisation

$311,998 $338,296 03/10 12/09 No

Harrison 2 Paving Footpaths and Landscaping to various Areas

$1,563,381 $1,677,861 12/08 05/09 No

Harrison 3 Combo Court Rear Lane Driveway Works

$88,470 $133,791 06/10 06/10 No

Gungaderra Creek Package A

$2,100,000 $1,900,000 03/10 07/10 No

Franklin Landscaping 2A and 2B

$852,860 $1,013,528 04/10 06/10 No

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C14 GOvERNMENT CONTRACTING

PROCuREMENT CONTRACTING PRINCIPLES AND PROCESSES

The LDA’s procurement selection and management processes for all contractors including consultants complied with the Government Procurement Act 2001 and Government Procurement Regulation 2007, and subordinate Guidelines and Circulars.

The Government Procurement Regulation 2007 sets quotation and tender thresholds and a requires procurements valued at $1 million or more to be reviewed by the ACT Government Procurement Board.

The LDA also engaged a range of consultants and contractors to provide specialist resource needs in relation to specific functions. In 2009-10 this again included civil engineers, geotechnical engineers, urban designers, planners and environmental planners.

These specialists provided service such as contamination assessments, heritage assessments, environmental assessments, residential estate planning, documentation and supervision of construction surveys, valuations and the preparation of lease and development conditions.

Where necessary procurement processes for expenditure were reviewed by Procurement Solutions and, where relevant, by the ACT Government Procurement Board consistent with the provisions of Government Procurement Regulation 2007.

CONTRACTORS AND CONSuLTANTS

The LDA uses external sources of labour and services to meet objectives. The following tables list the contract entities used to provide professional services to the LDA where the total amount expended equalled or exceeded $20,000 or where smaller contracts awarded to the same contractor exceeded $20,000 in total in 2009-10.

Consultants and Contracting

Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Able Landscaping Construction - December 2009 $430,324 Public Tender Pty Ltd Landscaping - Bonner

Display villiage

Aecom Australia Planning and Engineering June 2006 $132,857 Public Tender Pty Ltd Consultancy - Kingston

Foreshore Harbour Civil Works

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Aecom Australia Planning and Engineering May 2010 $122,328 Select Tender Pty Ltd Consultancy - Kingston

Foreshore

Aecom Australia Environmental Services April 2008 $267,066 Public Tender Pty Ltd - First Edition Housing

Kingston Foreshore

Aecom Australia Environmental Services - August 2009 $17,285 Select Tender Pty Ltd 1/53 Forrest

Aecom Australia Site Investigations - July 2009 - $34,960 Select Tender Pty Ltd Multiple Contracts June 2010

Aecom Australia Planning and Engineering March 2008 $178,914 Public Tender Pty Ltd Consultancy - Bonner 1A

Aecom Australia Planning and Engineering January 2008 $4,820 Public Tender Pty Ltd Consultancy - Franklin 2

Aecom Australia Planning and Engineering March 2008 $198,317 Public Tender Pty Ltd Consultancy - Franklin 3A

and B

Aecom Australia Planning and Engineering December 2007 $16,175 Public Tender Pty Ltd Consultancy - Gungaderra

Creek Cycleway

Allterrain Bobcat Earthworks - Kingston July 2009 $86,577 Single Select Services Foreshore

AMC Projects Pty Planning Study - Kingston November 2009 $20,000 Select Tender Ltd Foreshore

Anthony Quinn Survey Services - Multiple July 2009 ­ $132,902 Select Tender Surveys Pty Ltd Contracts June 2010

Aurecon Australia Risk Management, BCP March 2009 $77,073 Public Tender Pty Ltd and EM Project

Aurecon Australia Remediation - Belconnen April 2010 $78,476 Single Select Pty Ltd Sewage Plant

Australian valuation Services - July 2009 - $23,614 Panel valuation Office Multiple Contracts June 2010

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Bill Guy and Planning and Engineering January 2008 $12,025 Select Tender Partners Pty Ltd Consultancy - Dunlop 5

West

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Bill Guy and Planning and Engineering January 2009 $337,528 Public Tender Partners Pty Ltd Consultancy - Bonner 3

Bill Guy and Site Investigation - July 2009 - $178,920 Select Tender Partners Pty Ltd Multiple Contracts June 2010

Canberra Earthworks - Macgregor February 2010 $21,324 Select Tender Contractors Pty West Ltd

Cardno young Engineering Services - January 2009 $94,962 Public Tender Pty Ltd Gungahlin Business Park

Cardno young Engineering Services - November 2009 $18,185 Panel Pty Ltd Section 83 Fyshwick

Cardno young Planning and Engineering January 2010 $842,999 Public Tender Pty Ltd Consultancy - Coombs

and Wright

Cardno young Planning and Engineering December 2009 $67,077 Select Tender Pty Ltd Consultancy - Hume West

Industrial Estate

Cardno young Planning Services - July 2009 - $11,090 Select Tender Pty Ltd Multiple Contracts June 2010

Cardno young Remediation - Belconnen November 2009 $24,608 Public Tender Pty Ltd Sewage Plant

Cardno young Site Investigation - July 2009 - $21,067 Select Tender Pty Ltd Multiple Contracts June 2010

Cardno young Site Investigation 4-7/96 August 2009 $76,674 Panel Pty Ltd Weston

CB Richard Ellis Planning Studies - July 2009 - $114,669 Select Tender (v) Pty Ltd Multiple Services June 2010

CB Richard Ellis valuation Services - July 2009 ­ $172,205 Panel Pty Ltd Multiple Contracts June 2010

Chamberlains Legal Advice July 2009 - $206,868 Panel Law Firm June 2010

Cirrus Strategies Project Management November 2009 $61,850 Single Select

Clayton utz Legal Advice July 2009 ­ $220,524 Panel June 2010

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Coffey Environmental Services - January 2010 $40,150 Select Tender Environments Franklin Estate Pty Ltd

Coffey Geotechnical Advice - August 2009 $22,300 Select Tender Geotechnics Pty Kingston Foreshore Ltd

Colin Stewart Architectural Services - September 2009 $21,200 Single Select Architects Pty Ltd Kingston Foreshore

Colliers valuation Services - July 2009 - $125,800 Panel International Multiple Contracts June 2010

Cultural Heritage Heritage Assessment - July 2009 - $42,850 Single Select Management Harrison 4 June 2010 Australia

Daniel Drafting Services July 2009 - $18,873 Select Tender Santosuosso June 2010

David Hogg Pty Ecological Services - July 2009 ­ $31,990 Select Tender Ltd Multiple Contracts June 2010

David T Wright Planning Studies - July 2009 ­ $20,000 Select Tender Multiple Contracts June 2010

Deloitte Growth Taxation/Audit Advice July 2009 - $102,789 Single Select Solutions Pty Ltd June 2010

DKO Architecture Architectural Services April 2009 $29,175 Public Tender Pty Ltd

Douglas Partners Environmental Services - July 2009 ­ $122,315 Select Tender Pty Ltd Multiple Contracts June 2010

DSB Partners Pty Landscape Consultancy - April 2010 $19,127 Public Tender Ltd Gungahlin Linear Park

DSB Partners Pty Landscape Consultancy - March 2010 $28,900 Public Tender Ltd Bonner Stage 1A

DSB Partners Pty Landscape Consultancy - September 2006 $18,206 Public Tender Ltd Dunlop 5 West

DSB Partners Pty Landscape Design - October 2009 $50,050 Select Tender Ltd Multiple Contracts

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Eco Logical Environmental Services - January 2010 $59,736 Single Select Australia Pty Ltd Molonglo valley

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Egan National valuation Services - July 2009 ­ $71,155 Panel valuers Pty Ltd Multiple Contracts June 2010

Elton Consulting Planning Services - Old December 2009 $40,388 Select Tender Group Pty Ltd Canberra Brickworks

yarralumla

Environmental Environmental Consultant December 2008 $3,158 Public Tender Resources - Harbour Civil Works Management Project Australia

Environmental Planning and August 2009 $115,244 Public Tender Resources Construction Services - Management Kingston Foreshore Australia

Ernst and young Consultancy Services July 2009 ­ $23,906 Select Tender June 2010

GHD Pty Ltd Engineering Services - October 2008 $10,628 Select Tender Gungahlin Town Centre

GHD Pty Ltd Engineering Services - February 2008 $20,491 Public Tender Hume West

GHD Pty Ltd Site Investigation - April 2010 $19,000 Panel Section 63 City

GHD Pty Ltd Engineering Services - January 2008 $105,006 Public Tender Section 26 Fyshwick

GHD Pty Ltd Site Investigation - July 2009 ­ $64,199 Select Tender Multiple Contracts June 2010

Gillian Beaumont Business Process Analyst June 2009 $79,928 Single Select Recruitment Pty Ltd

Gillian Beaumont Business Process Analyst February 2010 $33,360 Single Select Recruitment Pty Ltd

Gillian Beaumont Temporary and Contract August 2009 $14,103 Panel Recruitment Pty Staff Ltd

Golder Associates Remediation Services - November 2009 $147,865 Single Select Pty Ltd Kingston Foreshore

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Griffiths Project Management January 2010 $87,392 Single Select Consultants Pty Services Ltd

Herron Todd valuation Services - July 2009 ­ $223,345 Panel White Canberra Multiple Contracts June 2010 Pty Ltd

Hill Thalis Planning Services - May 2010 $108,559 Public Tender Architecture and yarralumla/North Curtin urban Projects Pty Ltd

Hughes Trueman Site Investigation - September 2009 $17,325 Panel Pty Ltd Nicholls

Hughes Trueman Consultancy Services - February 2010 $309,398 Public Tender Pty Ltd Kingston Foreshore

Ian C Mills Pty Ltd Project Management July 2009 $93,300 Single Select Services

Indesco Pty Ltd Site Investigation - July 2009 ­ $36,690 Select Tender Multiple Contracts June 2010

Indesco Pty Ltd Engineering Services - January 2009 $314,262 Public Tender Bonner 3

Integral Services Planning Services - July 2009 ­ $21,327 Select Tender Group Pty Ltd Multiple Contracts June 2010

JEA J Easthope & Landscape Design - July 2009 ­ $48,270 Select Tender Associates Multiple Contracts June 2010

JEA J Easthope & Planning Services - July 2009 ­ $36,399 Select Tender Associates Multiple Contracts June 2011

Jones Lang valuation Services - July 2009 ­ $206,046 Panel LaSalle Aust Pty Multiple Contracts June 2010 Ltd

Land Data Survey Services - Multiple July 2009 ­ $71,775 Public Tender Surveys Pty Ltd Contracts June 2010

Land Data Survey Services - Lawson February 2010 $68,500 Select Tender Surveys Pty Ltd South

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Land Data Survey Services - September 2009 $71,360 Public Tender Surveys Pty Ltd Molonglo valley

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Lane Piper Pty Audit Remediation - May 2009 $20,953 Select Tender Ltd Macgregor West 2

Link Corporate Financial Services July 2009 $163,900 Single Select Services Pty Ltd

Lovell Chen Pty Planning Services - Old January 2010 $68,465 Select Tender Ltd Canberra Brickworks

yarralumla

Mail McDonald Planning Services - March 2009 $13,900 Select Tender Barnsley Pty Ltd Macgregor West 2

Mail McDonald Survey Services - July 2009 $13,600 Select Tender Barnsley Pty Ltd Belconnen Sewage

Treatment Plant

Mail McDonald Survey Services - Kingston March 2008 $43,760 Public Tender Barnsley Pty Ltd Foreshore

Mallesons Legal Advice July 2009 ­ $31,394 Panel Stephen JAQ June 2010

Meyer Legal Advice July 2009 ­ $205,050 Panel vandenberg June 2010 Lawyers

Northrop Site Investigation Services July 2009 ­ $24,190 Select Tender Consulting - Gold Creek Homestead June 2010 Engineers Pty Ltd

Northrop Site Investigation - 2 and Panel Engineers Pty Ltd 3/24 City

September 2008 $20,950

Oxigen Pty Ltd Landscape Design - October 2009 $101,420 Single Select Kingston Foreshore

Parsons Planning Services - July 2007 $32,900 Select Tender Brinckerhoff Kingston Foreshore Australia Pty Ltd

Parsons Planning Services - July 2009 ­ $21,480 Select Tender Brinckerhoff Multiple Contracts June 2010 Australia Pty Ltd

Parsons Site Investigation - July 2009 ­ $28,250 Select Tender Brinckerhoff Multiple Contracts June 2010 Australia Pty Ltd

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Peoplebank Business Systems July 2009 ­ $83,982 Panel Australia Limited Specialist June 2010

Price Waterhouse Taxation/GST Advice July 2009 ­ $20,000 Single Select Coopers June 2010

Projectum Pty Ltd Engineering Services - August 2009 $16,435 Select Tender Bonner

Projectum Pty Ltd Quantity Survey - Franklin December 2009 $22,068 Select Tender 3A and B

Purdon Planning Services - July 2009 ­ $58,168 Panel Associates Pty Ltd Multiple Contracts June 2010

R D Gossip Pty Site Investigation - 3 and December 2009 $27,106 Panel Ltd 4/100 City

R D Gossip Pty Site Investigation - 18/106 August 2009 $28,897 Panel Ltd Symonston

R D Gossip Pty Site Investigation - 6/48 March 2010 $25,631 Panel Ltd Belconnen

R D Gossip Pty Site Investigation - 2/9 September 2009 $19,770 Panel Ltd Farrer

R D Gossip Pty Site Investigation - Block March 2010 $19,049 Panel Ltd 66 Stromlo

R D Gossip Pty Site Investigation - July 2009 ­ $50,596 Select Tender Ltd Multiple Contracts June 2010

Redbox Design valuation Services - November 2008 $5,905 Panel Group Pty Ltd Harrison

Redbox Design Landscape Design - July 2009 ­ $64,246 Select Tender Group Pty Ltd Multiple Contracts June 2010

Redbox Design Landscape Design - January 2009 $36,364 Select Tender Group Pty Ltd Flemington Road Corridor

Redbox Design Landscape Design - March 2008 $50,670 Public Tender Group Pty Ltd Bonner 1B

Redbox Design Landscape Design - April 2009 $49,405 Public Tender Group Pty Ltd Bonner Display village

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Redbox Design Landscape Design - August 2007 $46,619 Public Tender Group Pty Ltd Franklin

3 and 4

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Redbox Design Group Pty Ltd

Renaissance Building and Design Pty Ltd

Renaissance Building and Design Pty Ltd

Ruiz Constructions Pty Ltd

Ruiz Constructions Pty Ltd

Savills (ACT) Pty Ltd

September 2009 $18,182

September 2009 $34,091

September 2009 $18,182

September 2009 $4,364

Landscape Design - November 2008 $39,740 Public Tender Harrison 2

Planning Services - Bonner Public Tender Display villiage

Development Costs - Public Tender Ownplace

Planning Services - Bonner Public Tender Display villiage

Planning Services - Public Tender Ownplace

valuation Services - July 2009 ­ $44,150 Panel Multiple Contracts June 2010

SGS Australia Pty Ltd

SM Precision Building Services Pty Ltd

SM Precision Building Services Pty Ltd

SMEC Australia Pty Ltd

September 2009 $18,182

September 2009 $66,655

Environmental Services - October 2009 $38,240 Select Tender Kingston Foreshore

Planning Services - Bonner Public Tender Display villiage

Planning and Landscape Public Tender Construction - Ownplace

Engineering Design - March 2010 $134,849 Public Tender Flemington Road Corridor

SMEC Australia Pty Ltd

Planning Services - yarralumla/North Curtin

February 2010 $14,545 Public Tender

SMEC Australia Pty Ltd

Environmental Services - 3/81 Weston

May 2009 $4,989 Select Tender

SMEC Australia Pty Ltd

Site Investigation - Section 26 Fyshwick

June 2009 $112,649 Select Tender

SMEC Australia Pty Ltd

Site Investigation - North Weston School

August 2009 $64,412 Single Select

SMEC Australia Pty Ltd

Site Investigation - Multiple Contracts

July 2009 - June 2010

$71,336 Select Tender

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Staffing and Temporary and Contract April 2009 $1,000 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract June 2009 $14,910 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract July 2009 $42,213 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract August 2009 $230 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract September 2009 $37,439 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract November 2009 $36,907 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract December 2009 $1,679 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract April 2010 $25,782 Panel Office Solutions Staff Pty Ltd

Staffing and Temporary and Contract May 2010 $4,347 Panel Office Solutions Staff Pty Ltd

Susan Conroy Consultation Fees - July 2009 ­ $27,160 Select Tender Community Engagement June 2010

The Expert Client Consultancy Services July 2009 ­ $26,982 Select Tender Pty Ltd June 2010

The Expert Client Planning Services - February 2010 $47,500 Single Select Pty Ltd Lawson South

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The Expert Client Planning Services - April 2010 $20,376 Public Tender Pty Ltd Multiple Contracts

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Contracting Entiity

Description Month Contract Let

Cost $ (GST Exclusive)

Procurement Method

Tract Consultants Pty Ltd

Tract Consultants Pty Ltd

Tract Consultants Pty Ltd

Planning and Landscape Design - Coombs, Wright and North Weston

Planning Services - Coombs, Wright and North Weston

Planning Services - Kingston Forehore

June 2010 $117,920 Public Tender

Public Tender

November 2009 $5,040 Select Tender

September 2009 $107,430

Tract Consultants Planning Services - November 2009 $65,750 Select Tender Pty Ltd Sections 19 and 23 City

Treadstone Project Management April 2009 $49,218 Single Select Company Pty Ltd Services

Walker Project Management April 2010 $136,103 Single Select Engineering and Services Drafting Services

CONSTRuCTION - RELATED WORKS CONTRACTS

The LDA used the following external sources of labour and services for construction activities. These contracting entities were all selected by public tender, in accordance with the Government Procurement Act 2001 and Government Procurement Regulations 2007.

No Contracts were established with non pre-qualified contractors, where prequalification categories exist.

Construction - Related Works Contracts

Contracting Entiity Description Month Contract Let

Cost $ (GST Exclusive)

Able Landscaping Pty Construction - Landscaping - March 2009 $127,751 Ltd Harrison 2

ActewAGL Distribution Electrical Infrastructure December 2008 $815,427 Construction - Bonner 1 Estate

ActewAGL Distribution Electrical Infrastructure May 2010 $438,358 Construction - Bonner 2 Estate

ActewAGL Distribution Electrical Infrastructure July 2009 ­ $39,188 Construction June 2010

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Contracting Entiity Description Month Contract Let

Cost $ (GST Exclusive)

Akron Roads Pty Ltd Construction - Engineering Services - Bonner 1B

October 2008 $3,077,247

BMD Constructions Pty Ltd

Construction - Engineering Services - Franklin 3A

February 2008 $931,070

Bost Pty LTD Construction - Engineering Services - Thynne Street Extension Bruce

January 2009 $72,895

Bost Pty LTD Construction - Engineering Services - Gungaderra Creek Cycleways

March 2009 $588,076

Bost Pty LTD Construction - Engineering Services - Gungahlin

October 2009 $4,444

Brindabella Civil Engineering Pty Ltd

Earthworks - Kingston Foreshore May 2010 $39,000

Canberra Contractors Pty Ltd

Construction - Engineering Services - Bonner 2

January 2010 $2,928,626

Canberra Contractors Pty Ltd

Construction - Engineering Services - Flemington Road Corridor

October 2009 $670,987

Canberra Contractors Pty Ltd

Construction - Engineering Services - Franklin

September 2006 $4,791

Canberra united Landscapers

Construction - Landscaping - Gungahlin Town Centre

August 2008 $171,187

Canberra united Landscapers

Construction - Landscaping - Harrison 3

October 2006 $122,849

Canberra united Landscapers

Construction - Landscaping - yerrabi 2

May 2005 $451,144

Canberra united Landscapers

Construction - Landscaping - Bonython West

August 2007 $74,326

Canberra united Landscapers

Construction - Landscaping - Anthony Rolfe Avenue

September 2008 $9,388

Chinchilla Pty Ltd Construction - Engineering Services - Gungahlin Business Park

May 2008 $2,809,543

Chinchilla Pty Ltd Construction - Engineering Services - Bonner 1

July 2008 $1,953,990

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Contracting Entiity Description Month Contract Let

Cost $ (GST Exclusive)

Chinchilla Pty Ltd Construction - Engineering Services - Kingston Foreshore

May 2008 $7,670

Custom Made Landscapes Pty Ltd

Construction - Landscaping - Hume Resource Recovery Estate

March 2010 $51,765

Dale and Hitchcock Engineering and Landscaping

Construction - Engineering Services - Kingston Foreshore

July 2009 $485,447

Dale and Hitchcock Engineering and Landscaping

Construction - Landscaping - Harrison 2

October 2006 $153,590

Deeble B and C Pty Ltd Construction - Engineering Services - Gungahlin

November 2009 $112,859

Deeble B and C Pty Ltd Construction - Engineering Services - Fyshwick

June 2010 $180,000

D Z Designs Construction - Landscaping - Kingston Foreshore

January 2010 $150,000

GHD Pty Ltd Construction - Landscaping - Harrison

March 2010 $30,727

GHD Pty Ltd Construction - Landscaping - Gungahlin Town Centre

October 2008 $8,400

Group One Pty Ltd Construction - Engineering Services - Bonner 1B

February 2010 $491,570

Group One Pty Ltd Construction - Engineering Services - Bonner 2

September 2009 $6,482,991

Group One Pty Ltd Construction - Engineering Services - Fyshwick

December 2009 $10,000

Group One Pty Ltd Construction - Engineering Services - Franklin 1

May 2010 $8,810

Kenoss Contractors Pty Ltd

Construction - Engineering Services - Fyshwick

March 2009 $30,713

Kenoss Contractors Pty Ltd

Construction - Engineering Services - Franklin 1A

June 2009 $4,676

Kenoss Contractors Pty Ltd

Construction - Engineering Services - Franklin 2C

February 2008 $98,067

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Contracting Entiity Description Month Contract Let

Cost $ (GST Exclusive)

Macmahon Contractors Pty Ltd

Construction -Engineering Services - Kingston Harbour Civil Works (includes contract variations to build the Kingston island bridge and access road)

May 2007 $5,065,794

Marfel Transport Service/Lopilato Bros

Construction - Engineering Services - Bonner School Site

June 2010 $21,125

Marsupial Landscape Management Pty Ltd

Construction - Landscaping - Bonner 1A

November 2008 $1,267,375

Marsupial Landscape Management Pty Ltd

Construction - Landscaping - Dunlop 5 West

December 2007 $29,904

Marsupial Landscape Management Pty Ltd

Construction - Landscaping - Gungaderra Creek

June 2008 $385,157

Marsupial Landscape Management Pty Ltd

Construction - Landscaping - Franklin

June 2008 $1,982,701

Paul Abbey Constructions Pty Ltd

Construction - Landscaping - Harrison 3 Combo Court

December 2009 $50,844

RAM Constructions Construction - Landscaping - Bonner 1B

May 2009 $1,154,910

RAM Constructions Construction - Engineering Services - Franklin

February 2010 $12,240

Ruiz Constructions Pty Ltd

Construction - Bonner Sales Office August 2008 $429,165

TransACT Capital Communications Pty Ltd

Broadband Infrastructure - Franklin

June 2010 $543,390

TransACT Capital Communications Pty Ltd

Broadband Infrastructure - Bonner

September 2008 $290,400

Woden Contractors Pty Ltd

Construction - Engineering Services - Dunlop 5 West

October 2008 $233,068

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C15 COMMuNITy GRANTS/ASSISTANCE/ SPONSORSHIP

No. Organisation/ Recipient

Project Description/Process/ Period of time engaged

Outcomes Amount

1 Chief Ministers’ Department Live in Canberra campaign

Sponsorship of the Live in Canberra Campaign people to move to Canberra. This is an ongoing sponsorship renewed every 12 months.

Inclusion of LDA marketing material in Live in Canberra packs

$5,000

2 Basketball Canberra

Sponsorship of Lauren Jackson (Canberra Capitals)

Building social capital through promotion of women’s support and self esteem.

$25,000

Encouragement of an active community.

C16 TERRITORy RECORDS

The LDA complies with the requirements of the Territory Records Act 2002 (TRA) through the LDA Records Management Program (RMP). The LDA RMP includes Records Management Policy and Procedures in addition to the agency Thesaurus and Records Disposal Schedules. These documents have been approved by the LDA CEO and the Director of Territory Records and disseminated to staff. Over the coming year the RMP will be reviewed to ensure currency as required by legislation

Records Management awareness and training is ongoing and forms part of the LDA’s induction package.

The LDA’s Thesaurus uses Keyword AAA (TvKAAA) terms to title records.

The Territory Administrative Records Disposal Schedule (TARDIS) is used to manage disposal of administrative records and agency specific records are managed in accordance with following instrument:

Records Disposal Schedule Effective year and No.

Land Development Records 21 April 2006 NI2006-136

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The LDA has in place arrangements for preserving records containing information that may allow people to establish links with their Aboriginal or Torres Strait Islander heritage.

If any such record is created, received or discovered, the LDA endorses the relevant file with the notation ‘File contains records with Aboriginal or Torres Strait Islander heritage information— do not destroy’. Records so annotated have their disposal status amended accordingly by the LDA Records Manager.

Public Access provisions of the TRA allow access to records over 20 years old.

The LDA received two access requests in the reporting period for documents relating to older Canberra buildings.

Members of the public can seek access to the Department’s records by contacting:

Archives ACT GPO Box 158 CANBERRA ACT 2601 Tel: (02) 6207 5726 (Reference Archivist) Tel: (02) 6205 3510 (Public Access Support Officer) Fax: (02) 6207 5835 Website: http://www.archives.act.gov.au Email: [email protected]

By maintaining an approved register of Section 28 declarations the Department complies with the TRA which allows a declaration to be made in relation to a document classed as an exempt document under prescribed provisions of the Freedom of Information Act 1989.

Access to a record to which a declaration applies is prohibited under the TRA.

C17 HuMAN RIGHTS ACT 2004

under Section 40 of the Human Rights Act 2004 the LDA and its employees are public authorities. The majority of the LDA’s functions involve commercial relationships with business entities. The LDA discharges those functions in accordance with its obligations under Section 40B of the Human Rights Act 2004 whereby it is unlawful to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

In its interactions with individuals, primarily through land sales, the LDA applies clear and transparent sale processes to protect the rights of all parties. It also provides comprehensive pre-sale material to intending purchasers that fully informs them of all relevant issues.

In all its dealing with staff, members of the public and the business community, the LDA acts in a way that takes into account and is respectful of human rights.

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C18 COMMISSIONER FOR THE ENvIRONMENT

The LDA began working with other ACT Government agencies to implement the recommendations relating to the LDA of the Commissioner for the Environment’s Report on ACT Lowland Native Grassland Investigation delivered in March 2009.

There were no other requests or recommendations affecting the LDA under Section 23 of the Commissioner for the Environment Act 1993.

C19 ACT MuLTICuLTuRAL STRATEGy

The ACT Multicultural Strategy 2010-2013 provides a shared framework for ACT Government agencies to work towards a common goal and an integrated Government response to multicultural issues in the community. The LDA contributes to the outcomes of the strategy through implementing activities, indicated under the relevant themes below, and is committed to the ongoing process of furthering work in these areas.

HuMAN RIGHTS

The LDA is fully supportive of the Human Rights of all its staff. The LDA’s Workplace Discrimination, Harassment and Bullying Prevention Policy seeks to create and maintain a working environment free from all forms of discrimination, harassment and bullying.

ACCESS AND EQuITy

The LDA is also committed to promoting part-time work opportunities and helping all staff achieve a work life balance. Applicants for positions within the LDA are able to inquire about part-time roles, while existing staff who are interested in pursuing part-time employment within the LDA or other flexible work opportunities are encouraged to discuss the matter with their supervisor and Human Resources.

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C20 ABORIGINAL AND TORRES STRAIT ISLANDER REPORTING

The LDA supports the WhoG approach to indigenous policy. It participated in the ACT Indigenous Traineeship Program run by the Department of Disability, Housing and Community Services’ (DHCS) Multicultural, Aboriginal and Torres Strait Islanders Affairs unit. The LDA hosted one trainee who is working towards completing the traineeship and on successful completion will be promoted to a permanent position within the LDA. The LDA expects to host another trainee in during 2010-2011.

C21 ECOLOGICALLy SuSTAINABLE DEvELOPMENT

In 2009-10 the LDA continued to incorporate the principles of ecologically sustainable development into its activities in line with Government requirements and the LDA SOI.

The LDA has developed a draft Sustainability and Innovation Framework and has commenced a process of embedding elements into the key business processes of the LDA. The Framework addresses environmental, social and economic aspects of the LDA’s developments.

During 2009-10 the LDA:

• Maximised the solar orientation of all blocks within the constraints of topography and major roads in Harrison 4 and Wright.

• Ensured minimum 6 star energy rating in all homes in the Bonner Display village.

• Initiated and demonstrated the installation of energy efficient compact fluorescent streetlights in Bonner with ActewAGL and TAMS.

• Supported energy efficiency by providing financial incentives for the installation of low emissions hot water systems (such as gas boosted solar) throughout the Bonner development.

• Included energy efficiency requirement in Project Delivery Agreements for multi-unit sites in Flemington Road including star ratings and energy efficiency fixtures and fittings.

• Incorporated Water Sensitive Design Principles through the use of swales, bioretention basins, water quality control ponds, tree pits and rain gardens for street trees, including joint venture estates such as Crace and Forde.

• Developed infrastructure for non potable water to be used to irrigate public open space.

• Ensured regular street sweeping to prevent sediment and pollutants entering the stormwater, for example at Kingston Foreshore.

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LAND DEvELOPMENT AGENCy – ANNuAL REPORT 2009-10

• Managed construction waste to divert 95 percent of waste away from landfill at the Bonner Display village.

• used recycled pavement material from the Harrison Display village at the Bonner Display village car park.

• Identified and protected rare and threatened species and communities in LDA estates in compliance with ACT legislation and the Commonwealth EPBC Act . The LDA funded surveys of the Golden Sun Moth in proposed development areas and commissioned a strategy to protect of the Pink Tailed Worm Lizard’s habitat in part of the Molonglo River Corridor.

• Actively engaged in the Bush on the Boundary groups in Gungahlin and Molonglo.

• Provided funding for an ANu scholarship into the Social perspectives of nature reserves and developing urban areas.

• Facilitated higher density developments close to major transport routes, such as Flemington Road to support transit oriented development.

• Supported alternative business and work from home options by providing fibre-to-the­premises for example in Bonner and along Flemington road.

• Supported community development programs, such as “Mingle” in Franklin.

• Provided affordable housing through OwnPlace and the Land Rent scheme.

• Achieved accreditation from DECCEW under the ACT Office Smart program for our internal waste management systems.

• utilised OSCAR (Online System for Comprehensive Activity Report), to gather and report on internal energy, water, water and greenhouse data.

Resource consumption 2008-09 and 2009-10

Indicator as at 30 June 2010 unit 2008-09 2009-10

General

A Occupancy – office staff full-time Numeric (FTE) 86 (82.49) 80.1 equivalent

Occupancy – total staff full-time equivalent (including non-office)

Numeric (FTE) 86 (82.49) 80.1

B Area office space – net lettable area Square metres (m2)

2,614 2,290

Area non-office space – net lettable office area

Square metres (m2)

- -

Stationary energy use

X Electricity use (total) Kilowatt hours 487,943 291,280

Electricity use (office) Kilowatt hours 231,858 81,096

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Indicator as at 30 June 2010 unit 2008-09 2009-10

y Renewable energy use (GreenPower) Kilowatt hours 50,841 87,477

Percentage of renewable energy Percentage 22% 30% used (y / X x 100 )

Gas use (total) Megajoules 0 0

Gas use (office) Megajoules 0 0

C Total office energy use Megajoules 835,000 733,690

Intensities (office)

Energy intensity per office FTE (C / A) Megajoules / FTE 10,122 9,159

Energy intensity per square metre Megajoules / m2 319 320 (C / B)

Transport Energy Office Other Office Other

D Total number of vehicles Numeric 5 N/A 6 N/A

Transport fuel (Petrol) Kilolitres 6.47 N/A 7.43 N/A

Transport fuel (Diesel) Kilolitres 3.54 N/A 4.22 N/A

Transport fuel (LPG) Kilolitres - N/A - N/A

Transport fuel (CNG) Kilolitres - N/A - N/A

Transport fuel (Aviation) Kilolitres - N/A - N/A

E* Total transport energy use Gigajoules 378 N/A 417 N/A

Water consumption

Water use (total) Kilolitres 4,892 5,117

F Water use (office) Kilolitres 1,474 947

Intensities (office)

Water use per office FTE (F / A) Kilolitres / FTE 17.87 11.82

Water use per square metre floor area Kilolitres / m2 0.56 0.41 (F / B)

Waste

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Reams of paper purchased Reams 2,044 1,871

Recycled content of paper purchased Percentage - 63%

^ Estimate of general waste (based on Litres - ­bins collected)

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* Calculated with information entered into OSCAR ^ Waste figures are based on number of bins collected

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Indicator as at 30 June 2010 unit 2008-09 2009-10

^ Estimate of co-mingled material recycled (based on bins collected)

Litres - 42,720

^ Estimate of waste paper recycled (based on bins collected)

Litres 37,440 48,000

^ Estimate of secure paper recycled (based on bins collected)

Litres - 70,320

Office Greenhouse Gas Emissions

* Direct greenhouse gas emissions (Scope 1)

Tonnes CO2-e - ­

* Indirect greenhouse gas emissions (Scope 2)

Tonnes CO2-e 208 (162.43)⁴ 187.94

* Other indirect greenhouse gas emissions (Scope 3)

Tonnes CO2-e 39.23 (30.63)⁴ 22.32

G* Total office greenhouse gas emissions (All Scopes)

Tonnes CO2-e 247.23 (193.06)⁴

210.26

Transport Greenhouse Gas Emissions

* Direct greenhouse gas emissions (Scope 1)

Tonnes CO2-e 20.61 29.07

* Indirect greenhouse gas emissions (Scope 2)

Tonnes CO2-e - -

* Other indirect greenhouse gas emissions (Scope 3)

Tonnes CO2-e 1.73 2.21

H* Total transport greenhouse gas emissions (All Scopes)

Tonnes CO2-e 22.34 31.28

Greenhouse Gas Intensities

Office greenhouse gas emissions per person (G / A)

Office emissions per square metre (G / B)

Transport greenhouse gas emissions per person (H / A)

Tonnes CO2-e / FTE

Tonnes CO2-e / m2

Tonnes CO2-e / FTE

3.00 (2.34)⁴ 2.62

0.095 (0.074)⁴ 0.092

0.27 0.39

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NOTES

1. There is a difference in area office space from 2008-09 report and 2009-10 report. Last year’s report reflected an aggregate that included the Kingston and the Dickson office.

2. Due to the electricity use (office) only reflecting the Kingston office in the 2008-09 Annual Report which also included the Former Transport Depot, there will be a difference in the totals for Electricity use (total) and Electricity use (office) in the 2009-10 Annual Report.

3. y - GreenPower includes both GP and EDL Land Fill Gas Export Energy 20% No C02 Offset. The breakdown is Greenpower = 51,167 kWh and EDL = 36,310 kWh.

4. X – the percentage of renewable energy used was calculated from the Greenpower and the total electricity the LDA used.

5. Water use (office) was supplied by the building manager.

6. Water use (total) was calculated by adding the Water use (office) with the total amount of kilolitres recorded for the water meters owned by the LDA.

7. Estimate of general waste was unable to be calculated as the number of general waste bins and the amount of waste being collected was altered due to the implementation of the Office Smart policy. This waste then ended up in hoppers that are also used by another department. It was noted in writing on file that general waste has decreased significantly since the Office Smart policy was introduced.

8. The waste (co-mingled), waste paper and secure paper was calculated by the number of bins x their volume x the number of times the bins were collected a month (this information was acquired from the receipts).

C22 ACT WOMEN’S PLAN

The LDA has no current programs directly attributable to the ACT Women’s Plan 2010-2015. However, the Plan’s objectives are considerations in the LDA’s own formulation of objectives and strategies, including; recognition of opportunities, wellbeing and work-life strategies, training opportunities and pathways, as well as, housing plans and community minded developments.

The LDA continues to provide a scholarship for women enrolled at the university of Canberra in the degree course Building and Construction Management.

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C23 MODEL LITIGANT GuIDELINES

LAW OFFICER (MODEL LITIGANT) GuIDELINES 2010 (NO.1)

The Law Officer Act 1992, Section 5AA, requires all agencies to comply with the Law Officer (Model Litigant) Guidelines 2010 (No 1). The model litigant guidelines apply to all Territory legal work, including conduct that may lead to litigation in the future, even if advice has not been sought from the ACT Government Solicitor’s office.

The LDA will be developing a policy and publishing links to the model litigant guidelines on its Intranet during 2010-11. This will include internal procedures for dealing with disputes or complaints and seeking legal advice, and ensuring all instructions in relation to disputes are passed through a central point within the Executive and that a report is available to the CEO LDA and LAPS.

No breaches of the model litigant guidelines by the LDA occurred in 2009-10.

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www.lda.act.gov.au