Norfolk Island National Park - Commercial media permit conditions

Interpretation

In these conditions, unless the contrary intention appears:

Act means the Environment Protection and Biodiversity Conservation Act 1999 and Regulations, management plans and instruments made under it, and includes any Act which amends or replaces it.

agreement means the agreement at the end of these conditions.

authorised participants means all persons, other than the permittee or the permittee’s staff, who take part in the permitted activity.

capture for an image, means recorded or reproduced by artistic representation, or on film, videotape or electronic medium, and includes recorded sound.

Director means the Director of National Parks and includes any statutory successor to the Director and the Director’s delegates.

management plan means the management plan in operation from time to time for the park under the Act.

park means the named Commonwealth reserve(s) for which this permit is issued.

park staff means persons employed by the Director and performing duties in relation to the park.

permitted activity means the specified activity for which this permit is issued.

permittee means each person (individual, company or other legal entity) to whom this permit is issued and includes, where the context permits, the permittee’s staff.

permittee’s staff means the permittee’s employees, contractors and other agents who take part in the permitted activity.

public area means an area that is not behind or beyond a barrier or fence and to which entry is not prohibited or restricted by or under the Regulations. Public areas in the park are generally listed in the Park Visitors Guide.

ranger means a person appointed as a ranger under s392 of the Act.

Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes any Regulations that amend or replace them.

warden means a person appointed as a warden under s392 of the Act

In these conditions, unless the contrary intention appears:

The singular includes the plural and vice versa.

If a word or phrase is defined, other grammatical forms of that word or phrase have corresponding meanings

Where one of the words ‘include’, ‘including’ or ‘includes’ is used, the words ‘without limitation’ are taken to immediately follow.

Where the word “must” imposes an obligation on a person to do or not do something, the obligation is taken to be that the person take all reasonable steps to do or not do the thing (i.e. steps that ought to be reasonable to a person who possesses the faculty of a reason and engages in conduct in accordance with community standards).

A reference to the permittee includes, where the context permits, the permittee’s staff involved in the permitted activity.

Note: The Director may vary or revoke these permit conditions, or impose new conditions, in accordance with r17.09 of the Regulations, and must do so where it is necessary to ensure that the matters or circumstances about which the Director is required to be satisfied when issuing the permit continue to apply.

General Permit Conditions (all activities)

1. The permittee must not conduct the permitted activity before the commencement date or after the expiry date shown on the permit.
2. The permittee must not conduct the permitted activity unless the permittee has signed and submitted the agreement with the park.
3. This permit cannot be transferred to another person, except in accordance with regulation 17.11 of the Regulations.

Note: If the permittee sells the business to which the permit relates, the permittee may apply to transfer the permit to the purchaser, in accordance with r17.11 of the Regulations, or the purchaser may apply for a new permit.

4. The permittee must comply with the EPBC Act, the EPBC Regulations, the management plan, these permit conditions, and any other signs, notices, information, guidelines, codes of conduct, protocols or directions issued by, or under the authority of, the Director relating to the park.
5. The permittee must comply with all Commonwealth, State or Territory laws relating to the permitted activity.
6. The permittee must hold all permits, licences and other authorities required by law for the conduct of the permitted activity.
7. The permittee must maintain relevant training, qualifications and experience to competently conduct the permitted activity.
8. The permittee must carry a copy of this permit and these conditions or keep a copy in the permittee’s transport (vehicle, vessel or aircraft) while conducting the permitted activity, and must produce it for inspection when requested by a ranger or warden.
9. The permittee must not walk, and must take all reasonable steps to ensure that the permittee's clients do not, off track or use any road, track or area that is permanently, temporarily or seasonally closed or restricted by fences, gates or signs, unless specifically authorised by this or another permit.
10. The permittee must not, and must take reasonable steps to ensure that the permittee’s clients do not:
    
    1. behave contrary to the Regulations or any warning or regulatory signs; or
    2. pick fruits, flowers or branches, or otherwise damage any native plants; or
    3. interfere with, feed, handle or disturb any native animal, or damage or disturb a nest or dwelling place of a native animal; or
    4. touch or interfere with any rock art, sacred site or cultural artefact; or
    5. impede public access to any part of the park.

Note: This permit does not give the permittee any rights to the exclusive use, enjoyment or occupancy of any area of the park unless specifically authorised by this permit.

11. The permittee must notify the Director, in writing, within 7 days if:
    
    1. the permittee sells any business to which the permit relates to another person or group, or for any other reason ceases to conduct the permitted activity; or
    2. the permittee is a company and there is a change in the owner(s) of the majority of issued shares in the company.
12. If the permittee is a company or other incorporated body the permittee must not, without the approval of the Director, have as a director or office holder a person who has been convicted¹ an offence² against the Act or the Regulations within the previous 10 years.
13. The permittee must not, without the approval of the Director, use directly in the conduct of the activity to which this permit relates (e.g. driver or tour guide) the services of any person who has within the previous 10 years been convicted of an offence against the Act or the Regulations prior to the grant of the permit.

Note: The Director may keep a register of persons who have been convicted of such an offence or who have been the subject of a request by the Director for a permittee to cease using their services within the park.

14. If any of the permittee’s staff contravene these permit conditions the Director may
    
    1. notify the permittee of the contravention, and
    2. direct the permittee to cease using the services of that person within the park for a specified time, and the permittee must forthwith comply with that request.

Note: In this situation the Director will give written notice to that member of the permittee’s staff of the decision, stating that he or she may apply to the Director to reconsider the decision and that, subject to the Administrative Appeals Tribunal Act 1975, he or she may subsequently apply to the Administrative Appeals Tribunal for review of the reconsideration

15. The permittee must ensure that the permittee’s staff are fully informed of and understand these permit conditions before they commence taking part in the permitted activity.
16. The permittee must ensure that the permittee's staff are appropriately trained and/or accredited for any activity they conduct in the park.
17. The permittee must ensure that appropriate risk management systems, strategies and procedures are in place to minimise foreseeable risks to the permittee’s staff, the permittee’s clients, other members of the public and the environment and heritage values of the park, and must produce evidence of such systems, strategies and procedures as requested by the Director.

Note: Suitable templates for risk management systems are available from Parks Australia. They represent the minimum acceptable standard for a risk management system. Permittees are encouraged to develop more detailed risk management systems.

18. The permittee is responsible for the safety, well being and behaviour of the permittee’s staff and clients, and must take all reasonably practicable steps to ensure that no person is exposed to risks to their health or safety whilst in the park.
19. If the permittee or any of the permittee’s staff or clients is killed, injured, becomes ill, goes missing or is involved in a dangerous incident while in the park, a member of park staff must be notified as soon as possible and the permittee and the permittee’s clients must comply with any requests or directions from a member of park staff in relation to the safety of that person or any other person.

Note: In this condition “dangerous incident” means an incident that exposes a person to a serious risk to their health or safety.

20. The permittee must ensure that its supervision of the permittee’s clients is reasonable in the circumstances of the permittee’s clients’ differing levels of fitness, experience and abilities.
21. The permittee must, and must ensure that each of the permittee’s clients, carries sufficient potable water for the conduct of the permitted activity.

Note: The Director recommends that, in hot weather, people carry and drink one litre of water for every hour they will be active.

22. The permittee will make good any damage to the park, to the extent that the damage was caused or contributed to by the conduct of the permitted activity or a breach of the permit conditions by the permittee.

Commercial Activity Conditions

23. The permittee must not conduct the permitted activity unless the permittee holds a policy of public liability insurance sufficient to cover any liability the permittee may have to third parties or to the Director under the agreement, and in any case for an amount of not less than $20 million in respect of any single event, with an insurer that is licensed by the Australian Prudential Regulation Authority or otherwise approved by the Director.
24. The permittee must provide to the Director a certificate of currency for the policy of public liability insurance, evidencing that the policy covers all activities in the park of the permittee and the permittee’s staff, contractors and other agents:
    
    1. before the permittee commences to conduct the permitted activity; and
    2. on each occasion when the policy is renewed or when a new policy is taken out; and
    3. at any other time as requested by the Director.
25. The permittee's staff must not include a contractor or agent unless:
    
    1. the activities of that person are covered by the insurance required under condition 23; or
    2. the person holds a permit to conduct commercial activities in the park that authorises them to provide services to the permittee in connection with the permitted activity, and holds a policy of public liability insurance that satisfies the requirements of condition 23.

Norfolk Island National Park Conditions

26. On each visit to the park and at least 5 business days prior to conducting the permitted activity, the permittee must provide the park with details of all vehicles and persons participating in the permitted activity during that visit and any further details the Director may reasonably request.
27. The permittee must not enter areas to which entry is prohibited or restricted under the EPBC Regulations, unless specifically authorised by this permit or another permit to do so.
28. The permittee must have either a radio or telephone as a means of communications at all times when in the park.
29. The permittee may drive, ride or tow a vehicle only on designated road or parking area.

Note: Maximum size of vehicle on:

Mount Pitt Road Length: 6.5 meters Width: 2.2 meters Wheelbase: 3.7 meters 
Park (except Mt Pitt Road) Length: 7.0 meters Width: 2.3 meters Height: 2.8 meters

30. The permittee must endeavour to minimise damage to tracks, and in particular not to cause the tracks to become deeply rutted.
31. The permittee must comply with directions from park staff and officers of the Norfolk Parks and Forestry Service regarding access conditions in the Forestry Area.
32. The permittee must not interfere with any seabirds or nests on Phillip Island.
33. The permittee must be accompanied by a guide approved by the Park Manager when undertaking the permitted activity on Phillip Island.

Image Capture and Use Conditions

34. The permittee must not carry on the permitted activity in areas that are not public areas without the prior approval of the Director.
35. The permittee must comply with directions given by or on behalf of the Director regarding the conduct of the permitted activity in public areas.
36. Before commencing the permitted activity, the permittee must attend a briefing given by park staff.
37. If any images captured under this permit are used or reproduced in a film or television broadcast, the permittee must ensure that the park is identified, and that assistance provided by park staff is acknowledged, in the film.
38. If any images captured under this permit are used or reproduced in a film or television broadcast, the permittee must ensure that the film or broadcast provides accurate information in relation to the park.
39. The permittee must not use any image captured under this permit for advertising purposes, other than advertising a film or television broadcast in which the image is used or reproduced, without the prior approval from the Director.
40. The permittee must provide a copy of any film or television broadcasts produced as a result of the permitted activity to the park within three months of the first public screening.
41. The permittee must submit all images of the park that will be used for advertising a film/television broadcast or promotional purposes to the park for consideration before their publication and use.
42. The permittee will only use the captured images for the permitted purpose stated on the permit and not for any other purposes.
43. The permittee will not allow the image to be used by another person for a commercial purpose different from what is authorised by this permit.
44. FURTHER CONDITIONS MAY BE ADDED.

^{1. A person is taken to have been convicted of an offence if, within five years, the person has been charged with, and found guilty of, the offence but discharged without conviction or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence. Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.↩}

^{2. Such an offence includes, for an offence under such a law, section 6 of the Crimes Act 1914 or sections 11.1, 11.4 or 11.5 of the Criminal Code (which deal with being an accessory after the fact, attempting to commit offences, inciting to or urging the commission of offences by other people and conspiring to commit offences) or an equivalent provision of a law of a State or Territory.↩}