Page 1 CONSERVATION AND LAND MANAGEMENT REGULATIONS 2002 (PART 7) FORM NO. CLM149E Application for commercial operations licence – commercial events This application applies to persons or organisations commercially conducting events on reserves managed by the Parks and Wildlife Service at the Department of Biodiversity, Conservation and Attractions (DBCA) IMPORTANT This form needs to be completed if you are organising an event on CALM Land for reward or other consideration other than cost recovery of running the event. Approval will need to be obtained before you begin advertising the event if it will be carried out on CALM Land. If you are unsure whether your event is commercial or who should hold the licence, please contact the Licensing Officer on (08) 9219 9978 for more information. DEFINITIONS: CALM Land – land, or land and waters, to which the Conservation and Land Management Act 1984 and Regulations 2002 apply, and includes caves and parts of caves on or under that land. Director General – means the chief executive officer (CEO*) of DBCA (the department assisting the Minister in the administration of the Act), or a delegate of the CEO. Claims – includes claims, demands, actions, suits, and proceedings (whether under the law of contract, tort, a written law or otherwise). Commercial operation – the selling of any product or service by any person, partnership, company or other organisation for reward or other consideration. This includes the supply of transport, information, instruction or supervision, or a business organising an event that is contracted by, or on behalf of, a not-for-profit organisation (e.g. XYZ Marketing Pty Ltd organising a Surf Carnival for the Surf Life Saving Association Inc). Costs – include damages, liabilities, losses, costs (including legal costs) and expenses (howsoever caused). Event – an organised group activity that occurs at a certain place at a particular time which is deliberately staged or promoted to encourage public spectators and/or participants (e.g. car rallies, mountain bike competition etc). Licence – a Commercial Operations Licence granted by the Director General under the Conservation and Land Management Regulations 2002 and which Licence incorporates the conditions set out in the Commercial Operator Handbook. Non-commercial activities – an activity undertaken or organised without intent of gaining profit, reward or other consideration other than the cost recovery of undertaking the activity (e.g. local trail bike club operating a competition and run by volunteers). Operations – the commercial operations which may be undertaken by an Operator pursuant to the licence. Operator – a person (includes incorporated bodies) who holds a licence (e.g. XYZ Marketing Pty Ltd). Participant – those persons participating in the Event. Please note: A fundraising or charity event may still be classified as a commercial operation depending on how it is organised. Please contact the Licensing Officer on (08) 9219 9978 for more information. APPLICATION FEE AND LICENCE CHARGE Licences are subject to a standard charge of $138, along with a $117 application fee. A higher licence charge may be applied by the Parks and Wildlife Service based on the scale of the event. These charges will be set by the Parks and Wildlife Service during the application process and may include administrative costs. Additional fees and charges may be applied where required. Please see the Commercial Operator Handbook for more details. Send the completed application, with payment details to: [email protected]or post to : Department of Biodiversity, Conservation and Attractions Tourism and Concessions Branch Locked Bag 104 BENTLEY DELIVERY CENTRE WA 6983 Fundraising or charity events run by registered charities may be eligible for a fee waiver. Please contact the Licensing Officer on (08) 9219 9978 for more information. For additional information about commercial events and conditions that may apply if a licence is issued, please refer to the Commercial Operator Handbook which is available at exploreparks.dbca.wa.gov.au/know/commercial-operator-handbooks.
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Page 1
CONSERVATION AND LAND MANAGEMENT REGULATIONS 2002 (PART 7)FORM NO. CLM149E
Application for commercial operations licence –
commercial eventsThis application applies to persons or organisations commercially conducting events on reserves managed by
the Parks and Wildlife Service at the Department of Biodiversity, Conservation and Attractions (DBCA)
IMPORTANT
This form needs to be completed if you are organising an event on CALM Land for reward or other consideration other than cost recovery of running the event. Approval will need to be obtained before you begin advertising the event if it will be carried out on CALM Land.
If you are unsure whether your event is commercial or who should hold the licence, please contact the Licensing Officer on (08) 9219 9978 for more information.
DEFINITIONS:
CALM Land – land, or land and waters, to which the Conservation and Land Management Act 1984 and Regulations 2002 apply, and includes caves and parts of caves on or under that land.
Director General – means the chief executive officer (CEO*) of DBCA (the department assisting the Minister in the administration of the Act), or a delegate of the CEO.
Claims – includes claims, demands, actions, suits, and proceedings (whether under the law of contract, tort, a written law or otherwise).
Commercial operation – the selling of any product or service by any person, partnership, company or other organisation for reward or other consideration. This includes the supply of transport, information, instruction or supervision, or a business organising an event that is contracted by, or on behalf of, a not-for-profit organisation (e.g. XYZ Marketing Pty Ltd organising a Surf Carnival for the Surf Life Saving Association Inc).
Costs – include damages, liabilities, losses, costs (including legal costs) and expenses (howsoever caused).
Event – an organised group activity that occurs at a certain place at a particular time which is deliberately staged or promoted to encourage public spectators and/or participants (e.g. car rallies, mountain bike competition etc).
Licence – a Commercial Operations Licence granted by the Director General under the Conservation and Land Management Regulations 2002 and which Licence incorporates the conditions set out in the Commercial Operator Handbook.
Non-commercial activities – an activity undertaken or organised without intent of gaining profit, reward or other consideration other than the cost recovery of undertaking the activity (e.g. local trail bike club operating a competition and run by volunteers).
Operations – the commercial operations which may be undertaken by an Operator pursuant to the licence.
Operator – a person (includes incorporated bodies) who holds a licence (e.g. XYZ Marketing Pty Ltd).
Participant – those persons participating in the Event.
Please note: A fundraising or charity event may still be classified as a commercial operation depending on how it is organised. Please contact the Licensing Officer on (08) 9219 9978 for more information.
APPLICATION FEE AND LICENCE CHARGELicences are subject to a standard charge of $138, along with a $117 application fee. A higher licence charge may be applied by the Parks and Wildlife Service based on the scale of the event. These charges will be set by the Parks and Wildlife Service during the application process and may include administrative costs. Additional fees and charges may be applied where required. Please see the Commercial Operator Handbook for more details.
Send the completed application, with payment details to: [email protected] or post to : Department of Biodiversity, Conservation and Attractions
Tourism and Concessions BranchLocked Bag 104BENTLEY DELIVERY CENTRE WA 6983
Fundraising or charity events run by registered charities may be eligible for a fee waiver. Please contact the Licensing Officer on (08) 9219 9978 for more information.
For additional information about commercial events and conditions that may apply if a licence is issued, please refer to the Commercial Operator Handbook which is available at exploreparks.dbca.wa.gov.au/know/commercial-operator-handbooks.
Application for commercial operations licence – commercial events
APPLICANT DETAILS
NAME OF APPLICANT (person/company/incorporated body only)
IN ASSOCIATION WITH OR ON BEHALF OF (This may be a sporting group or peak body)
Note: The application must be made by one person or company proposing to undertake the activity (activities) for which permission is sought. The application cannot be made using a trading/business name.
If the application is by a company please provide the Australian Company Number (ACN)
Name and address of directors and secretaries
ALL APPLICANTS Please provide the Australian Business Number (ABN)
TRADING/BUSINESS NAME
Is/are the name(s) registered? Yes No
If yes, please provide the registered name(s)
and the registration number(s)
POSTAL ADDRESS OF APPLICANT
Note: If the applicant is a company the registered office of the company is to be provided.
Name of contact
Email Website
Phone 1 Phone 2 Fax
EVENT DETAILS
Please attach a map of the area(s) at a scale of 1:50,000 (as a COG map wherever possible) indicating the proposed locations, routes, spectator points, and camping sites. The map(s) must also include any mustering, changeover or transition points within CALM Land and a further A3 or A4 detailed layout of these areas must be attached indicating possible vehicle overflow areas for the maximum expected numbers. Accurate and detailed maps and layouts assist in the assessment of your application (COG maps may be purchased from the Parks and Wildlife Service; phone (08) 9219 9978 for more information).
Please attach a detailed itinerary and any proposed advertising material for the event.
NAME OF EVENT
DATE AND TIME OF EVENT
The Parks and Wildlife Service needs to know which parks you would like to access during your event and which activities you propose to undertake in each park. The Commercial Operator Handbook indicates which activities are permitted in each park and the conditions that apply to conducting the activities. Please ensure you have read and accepted the conditions before submitting this application form. The Commercial Operator Handbook is available to download from exploreparks.dbca.wa.gov.au/know/commercial-operator-handbooks.
Please list the parks (terrestrial and/or marine) where this event is proposed to occur. Please attach a detailed itinerary as well.
Park (terrestrial and/or marine)
Activities(Specify which sites, locations, routes, tracks and camping sites you intend to use as well as
specific activities e.g. running, cycling, horse riding etc)
Application for commercial operations licence – commercial events
EVENT MANAGEMENTPlease attach a copy of the safety, emergency response and traffic plans as well as the environmental policy for your organisation if available.
Number of participants expected
Number of spectators expected
Number of officials
Number of support vehicles/vessels
Will the media be involved? Please detail:
Will any structures, facilities, signs or markers be erected on CALM Land or waters for the purpose of the event? Please detail:
Will food or other supply vendors be hired or contracted to operate on CALM Land during the event? Please detail:
Please list any special equipment, facilities or materials required to conduct the proposed activity or event.
Will portable toilets and/or showers be provided? If so, please indicate the number of units that will be provided and the proposed method of effluent and waste water disposal?
Please provide the proposed strategy for rubbish removal.
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Application for commercial operations licence – commercial events
Please detail if other agencies, local government representatives, community groups or local committees been consulted and all the necessary approvals gained regarding this event?:
Have you developed emergency response plans and notified the Local Emergency Management Committee (LEMC)? If so, please provide details. If not, you will need to provide prior to the event.
Please provide any other information that may be relevant to your application, which may include any sustainability or eco-tourism initiatives such as reducing carbon emissions and ecological footprint, or partnerships benefiting the local community and the environment.
VEHICLE/VESSEL DETAILS
Please attach a copy of the survey certificates for each vessel that will be used while on CALM Land during the event which is owned by the applicant, to ensure currency.
Vehicles: (please tick appropriate box)
Hired from another organisation or business
Owned by this business/organisation (please complete the table below)
Vessels:
Where canoes and kayaks used during an event on CALM Land are supplied by the operator, the crafts must have a hire and drive registration with the Department of Transport.
Please indicate the names of your intended skipper(s), if applicable, and their certification.
Vehicle type(4WD, minibus, coach etc)
Seating capacity
Registration no. Registration expiry
Transport licence no.(for vehicles not registered in Western Australia)
Vessel type(s)(canoe, kayak, dinghy, charter vessel etc)
Nominated vessel(s)
sPV no/reg. No/Hire and Drive reg no
Size of vessel (m)
Number of craft
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Application for commercial operations licence – commercial events
ACTIVITY-SPECIFIC INFORMATION REQUIRED
ABSEILING AND CLIMBING ACTIVITIES:
Please attach copies of the NOLRS registration for each stated leader.
Abseiling and climbing activities will only be permitted at certain sign-posted CALM Land sites. Please contact the local Parks and Wildlife Service district office to discuss which sites are acceptable.
Any abseiling or climbing activities on CALM Land will need to comply with the Climbers Association of Western Australia Code of Ethics (available at climberswa.asn.au) and Outdoors WA Code of Conduct (available at outdoorswa.org). The Parks and Wildlife Service requires all leaders for abseiling to be registered with National Outdoor Leader Registration Scheme (NOLRS) and to have the appropriate ratio of leaders to participants according to the current standards. Please contact Outdoors WA on (08) 9468 0102 for more information regarding the registration scheme and for the current activity standards.
Ensure you attach copies of the NOLRS registration for each of your stated leaders to ensure currency. If you are not yet registered with NOLRS, please make a note below and send the details as soon as possible. A licence for these activities will not be issued until the Parks and Wildlife Service is supplied with these details.
BIBBULMUN TRACK/MUNDA BIDDI TRAIL:
If all or part of the Bibbulmun Track or Munda Biddi Trail is included in the route for your event, please complete the Bibbulmun Track and Munda Biddi Trail application form on page 8. If you intend on accessing these tracks during the event, it is important that you read the licence conditions specific to these tracks in the Commercial Operator Handbook.
PRE-EVENT TRAINING
Please attach a map of the area(s) at a scale of 1:50,000 (as a COG map wherever possible) indicating the proposed locations, routes, and camping sites for the training exercises. The map(s) must also include any mustering, changeover or transition points within CALM Land. Accurate and detailed maps and layouts assist in the assessment of your application.
The Parks and Wildlife Service is aware that some events need access to CALM Land before the event date to allow participants to train in similar terrain to that of the event. As these activities are associated with the event, you will need lawful authority to access CALM Land for these purposes. It is expected that spectators will not be invited or encouraged to these training exercises.
Date of pre-event training
Please list which parks (terrestrial and/or marine) and activities are proposed for the pre-event training. Specify which sites, locations, routes, tracks and camping sites you intend to use within the park.
Number of participants expected
Number of officials
Number of support vehicles/vessels
Leader NOLRS registration no. Expiry date
Park (terrestrial and/or marine) Activities (Specify which sites, locations, routes, tracks and camping sites you intend to use)
Application for commercial operations licence – commercial events
PAYMENT OF OTHER FEES AND CHARGES
Please note that should higher licence charges or other payments such as supervision fees or a bond (as per section 7.10 of the Commercial Operator Handbook) be required then these will be invoiced to you. Invoices will need to be paid prior to a licence being issued.
Park fees such as camping fees may apply for some events. To find out if your event requires payment of other park fees, please contact the Parks and Wildlife Service’s Tourism and Property Branch on (08) 9219 9978.
For information on which parks have entry and camping fees, please refer to the Commercial Operator Handbook available from exploreparks.dbca.wa.gov.au/know/commercial-operator-handbooks
INSURANCE
Please attach a copy of the Certificate of Currency for your public liability insurance.
Applicants are reminded that the General Licence Conditions in the Commercial Operator Handbook states as follows:
5.12 INSURANCE
(a) The Operator shall at all times during the period of the Licence maintain a policy of public liability insurance, that covers the areas and operations allowed under the Licence, in the names of the Operator and the Director General to the extent of their respective rights and interests for the sum of not less than $10 million ($10,000,000.00) per event.
(b) The Operator shall provide the Director General proof of the existence and currency of such insurance policy whenever requested by the Director General during the term of the licence.
(c) The Operator shall pay all premiums of the public liability insurance policy when they are due, comply with all of the terms of that insurance policy and shall make the insurer aware of the licence, these conditions and the indemnity given to the Director General.
If you have any queries please contact the Tourism and Property Branch on:Phone: (08) 9219 9978 Fax: (08) 9334 0221 Email: [email protected]
More information regarding commercial event licensing can be found at the Parks and Wildlife Service website: exploreparks.dbca.wa.gov.au/know/commercial-operator-handbooks
LICENCE CHARGE AND APPLICATION FEE PAYMENT DETAILS
Application for commercial operations licence – commercial events
DEED/POLLI / We:
(Full name of organisation / Person)hereby apply for a licence to enter upon and use the waters and land within the areas specified in this application in order to conduct the activities specified in this application.
I understand and agree that the licence if granted will be subject to the provisions of the Conservation and Land Management Act 1984 (CALM Act) and all regulations and subsidiary legislation made under it.
I certify to the best of my knowledge that the information provided within this application is true and correct in every detail.
I understand that the licence if granted will not be transferable and may not be automatically renewed.
I have read, understood and agree to abide by the general, operation-specific, area-specific, issues and extra conditions contained within the Commercial Operator Handbook published by the Parks and Wildlife Service at the Department of Biodiversity, Conservation and Attractions (DBCA), as amended from time to time, and I understand that further conditions relevant to the areas and activities proposed in this application may be imposed.
I hereby agree to release and indemnify, and keep indemnified, the State of Western Australia (State), the Chief Executive Officer of DBCA (CEO), and each of the employees, contractors and agents of the State or DBCA (Indemnified Parties) from and against all Claims and Costs which may be made or brought against, suffered or incurred by any of the Indemnified Parties arising in any way from, or in connection with the conduct of the applicant or any of its employees, agents, contractors, or attendees of the event the subject of this application:
• on any lands to which the CALM Act applies; or
• in relation to the event and activities the subject of this application.
I certify that the applicant’s public liability insurer is aware of the conditions that would apply to this licence and the indemnity granted above. I confirm that the applicant’s public liability policy also covers the event and activities that are specified in this application form.
Executed as a deed on: ....................................... Date
(please select the appropriate box for your situation only):
Natural person
(check box)
…………………………………… …………………………………… Signature Name
…………………………………… …………………………………… Witness Name
Company Pty Ltd (executed in accordance with section 127(1) of the Corporations Act 2001 (Cth))
(check box)
…………………………………… …………………………………… Signature of director or secretary Name
…………………………………… …………………………………… Signature of director Name
…………………………………… ………………………………....… Witness Name
Incorporated Association (executed in accordance with section 14(1)(b) of the Associations Incorporation Act 1987 (WA))
(check box)
…………………………………… ……………………………………Signature of person with authority Nameto bind the Incorporated Association
…………………………………… ……………………………………Witness Name
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Application for commercial operations licence – commercial events
APPLICATION CHECKLISTYES
(tick box)N/A
(Not applicable)Where no tick box is available
you must attach or have completed
Have you completed the training (can be accessed via exploreparks.dbca.wa.gov.au/for-business/training-accreditation-insurance-fees) and attached the completed questionnaire? Operators are required to complete this prior to applying.
Have you included maps of the area(s) at a scale of 1:50,000 (as a COG map whereever possilble) indicat-ing the proposed locations, routes, specator points, and camping sites as well as mustering, changeover or transition points and vehicle overflow areas.
Have you included a detailed itinerary detailing the areas and activities you wish to conduct the event in?
Have you included details of the vehicles/vessels you plan to use for the operation and provided survey certificates for any vessels?
Have you included a copy of your public liability insurance policy with $10,000,000 coverage, covering all proposed activities and locations and made your insurer aware of the conditions and indemnity?
(these plans will be required prior tothe event taking place)
Have you included an event management plan which includes safety, emergency response and traffic plans as well as the environmental policy for the event?
Have you signed the application?
Have you enclosed the licence charge and the application/renewal fee totalling $255?
If you’re intending to conduct activities on the Bibbulmun Track or Munda Biddi Trail, have you completed the Bibbulmun track and Munda Biddi Trail application form on page 9?
If you intend to conduct abseiling and rock climbing activities, have you registered with NOLRS (National Outdoor Leader Registration Scheme) or equivalent and provided proof of your registration?
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