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Approval by the Director of National Parks to undertake Commercial

By Mike Patterson,2014-11-29 16:31
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Approval by the Director of National Parks to undertake Commercial

    RELEASE AND INDEMNITY

    Commercial Tourism Operations in the South-East Commonwealth Marine Reserves

    THIS DEED made the............................ day of .................................. 20 .... WITNESSES as follows:

    In consideration of approval being given to the approval holder to conduct the approved activity in the South-East Commonwealth Marine Reserves, the approval holder agrees to: (a) indemnify and keep indemnified the Director of National Parks, the Commonwealth

    of Australia, and their servants and agents (‘the indemnified parties’) against all

    actions, proceedings, claims or demands brought against the indemnified parties in

    respect of any injury, loss or damage arising out of:

    (i) a breach of the approval conditions by the approval holder or the

    approval holder’s staff; or

    (ii) an act or omission involving fault on the part of the approval holder or

    the approval holder’s staff in carrying on the approved activity

    except to the extent that any act or omission involving fault on the part of the

    indemnified parties contributed to the relevant liability, loss or damage (b) release the Director of National Parks, the Commonwealth of Australia, and their

    servants and agents (‘the released parties’) from all and any claims which the

    approval holder might at any time hereafter have or have had against the released

    parties in respect of any injury, loss or damage which may be suffered by the

    approval holder in the course of the approved activity, except to the extent that any

    act or omission involving fault on the part of the released parties contributed to the

    relevant injury, loss or damage.

    SIGNED, SEALED AND DELIVERED

    This Release and Indemnity must be signed by the proposed approval holder or, if the approval holder is a company or other body, by its duly authorised officer, and an adult witness.

    Name of proposed approval holder:………. .........................................

    Signature: ............................................................................................ Date.............................

    Name of person signing:. ..................................................................... Signature of Witness: .......................................................................... Date.............................

    Name of Witness .................................................................................

    Application to conduct Commercial Tourism operations in the

    South-east Commonwealth Marine Reserve Network

    Date:

    1. Name of person/company to be approved:

    2. Trading / Business name:

    3. (if company) Names of all company directors:

    4. Australian Business Number (ABN):

5. Contact details of Person/Company seeking to be approved:

Home/Work Address: Postal Address (if different):

Home/Work Phone No: Mobile Phone No:

    Fax No: Email Address:

6. (Where relevant) Commercial Tourism Licence or equivalent licence held:

    State/Commonwealth Agency Type of Activity Licensed (e.g. Licence Number

    charter fishing)

7. Vessel details:

    Nominated Vessel Name Vessel Vessel type Vessel size Vessel Sewage

    Registration carrying holding

    capacity tanks?

    y/n

8. Indicate which Reserve your activities will be conducted in (if multiple Reserves please list):

    9. Indicate the activities proposed to be carried on in the Reserve:

     ; Swimming/snorkelling ; Whale watching ; SCUBA diving

     ; Nature watching ; Charter Fishing ; Other please detail below

10. Please provide a detailed description of the proposed activities, including:

    Tour Name:

    What is the nature of the activity:

    Tour route (include maps if possible):

    Approximate size of tour group: ; 1-5 ; 5-10 ; 10-15 ; 15-20

    ; Other

    11. Please indicate how frequently you visit the Reserves

     ; Daily

     ; Weekly If weekly please circle the typical days you visit:

    Mon

    Tues

    Wed

    Thur

    Fri

    Sat

    Sun

     ; Monthly If monthly please circle the typical months you visit:

    Jan Jul

    Feb Aug

    Mar Sep

    Apr Oct

    May Nov

    Jun Dec

    12. Please indicate the planned duration of your visits:

     ; half day

     ; one day

     ; Other

13. Please outline the qualifications and experience of those people conducting the tour:

14. ; Yes I have attached a copy of my current public liability insurance certificate that covers all

    proposed activities for a minimum of $10 million.

    Note:

    a. If the proposed activity includes scuba diving the public liability insurance must also cover

    scuba diving.

    b. The insurance certificate must be in the same name as the proposed Approval Holder/s.

     Note: The declaration

    15. Declaration and Agreement

     I,__________________________________ agree to conduct activities in the South-east Commonwealth

    Marine Reserves in accordance with the conditions of this approval.

Signature: ..................................................................................................... Date ...............................

    Name of person signing:. .............................................................................. Signature of Witness: .................................................................................... Date ...............................

    Name of Witness: ........................................................................................

    Note: The declaration is to be signed by the applicant for the approval or, if the applicant is a company or other body, by its duly authorised officer (e.g. director of the company).

    Note: Unless sooner revoked for non-compliance, the approval will remain in effect until a management plan comes into operation for the reserves and the future conduct of the activity authorised by the approval will be subject to the prescriptions in the plan.

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