Secure tenure and land administration system

Article tag
Patrizia Wurzinger
Summary
A Township Lease brings in a simpler land administration system which can benefit the whole community. A Township Lease provides certainty of tenure through long term subleases. Governments, local organisations and commercial developers can operate in the Township knowing they have secure land tenure under their sublease which creates better conditions for business and economic development opportunities.

The secure tenure system is also an incentive for governments to invest in the community, manage government assets (such as schools, clinics, and housing) and improve service delivery.

What are the benefits of a Township Lease?

Foreign interference and espionage is the main security concern facing Australia. It occurs when an activity carried out by, or for, a foreign power is: 

  • coercive
  • corrupting
  • deceptive
  • clandestine
  • contrary to Australia’s sovereignty, values and national interests. 

It involves foreign powers trying to secretly and improperly interfere in Australian society to advance their strategic, political, military, social or economic goals at our expense.

Economic development opportunities

Australian critical minerals companies are a target for a range of foreign actors seeking to gain a commercial, technological or strategic advantage. The sector’s geostrategic importance places it at particular risk of foreign interference that aims to disrupt Australia’s efforts to diversify global supply chains and build onshore capabilities. Foreign actors can target people, information and infrastructure to gain intellectual property (IP) and sensitive information. They can seek to influence or gain control over businesses and their decisions.

Examples of how foreign interference can appear for critical minerals include, but are not limited to:

  • Covert financing: foreign actors can use people as proxies to conduct illicit financing activities. This includes evading the Foreign Acquisitions and Takeovers Act 1997 to improperly influence company decisions.
  • Disinformation campaigns: foreign actors can influence public opinions and behaviours, including to damage the reputation of people, companies or projects.
  • Cyber-attacks: to disrupt systems and operations or to collect information to support other foreign interference activities.
  • Improperly leveraging relationships with key personnel: to manipulate targets into sharing sensitive information or making decisions contrary to a business’s best interests.
  • Harassment and intimidation: to silence dissent or coerce decisions. This can take the form of blackmail or threats, and is one of the most aggressive forms of foreign interference.

Anyone with access to your information, data, premises or systems can pose a risk. This includes employees, business or research partners, investors and visitors.

Foreign interference can have serious negative impact on critical minerals companies, including:

  • reputational damage
  • project delays
  • loss of competitive or strategic advantages, including IP
  • loss of financing or financing opportunities
  • damage to business operations and profits.
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Subleases and rent

Subleases are usually offered to every occupier of land in the Township. Subleases are legally binding agreements between the sublessee and the Executive Director which specify how the land and any improvements (buildings and other infrastructure) can be used.

Securing government service delivery

Look out for the following behaviours that may indicate bad faith foreign investors are seeking access and control of your business:

  • seeking to increase control of your business through board appointments, offtake agreements or debt arrangements that would give them access to commercially sensitive information
  • pursuing a common purpose with associates that is in their own best interests rather than the best interests of your business
  • structuring arrangements to obscure beneficial ownership and avoid the scrutiny of Australia’s foreign investment screening regime
  • not complying with conditions of Australia’s foreign investment regime or giving false reports of compliance.

Potential warning signs of foreign interference could include:

  • Leveraging obligation or indebtedness: foreign actors can work to create a sense of personal connection and obligation from a person they seek to influence. This includes giving gifts or donations, helping with access to investors, government officials or business partners, or providing paid travel.
  • Reduced transparency: requests to move to less open or more informal forms of communication or to reduce potential public oversight of an engagement. Withholding data, information or attempts to hide a relationship or interaction could be signs of a foreign interference attempt.
  • Applying pressure or influence: foreign actors may seek to craft exclusive or privileged relationships with key personnel. These personnel can influence decisions or access sensitive information.
  • Abnormal financial activities: suspicious or unusual financial activities may be warning signs of foreign interference. For example, seemingly unrelated share purchases with the same listed address or recurring non-business costs on company accounts.
  • Suspicious social media activity: persistent or reoccurring posts containing misinformation or disinformation from dubious sources can be a sign of foreign interference.
  • Cyber interference: intrusion events, unplanned outages or other irregular cyber activity can indicate a cyber-attack by a foreign actor.

When you are assessing your business for specific foreign interference risks, first look for parts of your business that are critical to your operations. This could include assets like specialised high-tech equipment, technology systems, intellectual property or even key relationships with investors, suppliers or partners. This will help you understand where the greatest risks are to your company and your vulnerabilities.
 
It is also helpful to engage across your sector on potential foreign interference risks or incidents. Staying across developments will help you understand existing and emerging threats.

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OTL Staff looking into distance on a hil

Welcome to The Office of Township Leasing

The Office of Township Leasing acknowledges Traditional Owners and their continuing connection to their ancestral lands, waters and communities. To all Traditional Custodians of Country throughout Australia we pay our respects to their Cultures, Country and Elders past, present and emerging. 

The Executive Director respects Aboriginal and Torres Strait Islander communities and culture. Readers should be aware that this report contains references and images of Aboriginal and Torres Strait Islander people who have passed.