Small scale event terms and conditions

1. Agreement

• 1.1 The Applicant wishes to hold an Event or Event Series on NSW National Park.
• 1.2 The Department of Climate Change, Energy, the Environment and Water (DCCEEW) proposes to register the Event or Event Series on NSW National Park.
• 1.3 These Terms and Conditions are to be read in conjunction with the Event Application Form, Acceptance Email and Reply Email (if applicable).
• 1.4 In the event of any inconsistency or conflict, the inconsistency or conflict shall be resolved by referring to the documents in the following order of precedence: 1. Event Terms and Conditions, 2. Acceptance Email, 3. Reply Email (if applicable), 4. Event Application Form.
• 1.5 For Fee-Paying Applicants, following the issue of an Acceptance Email and upon receipt of payment of the applicable fees for the Event or Event Series from the Applicant, an Agreement is entered into between The Department and the Fee-Paying Applicant.
• 1.6 For Non-Fee Paying Applicants, following the issue of an Acceptance Email and upon receipt of a signed Reply Email from the Non-Fee Paying Applicant, an Agreement is entered into between the Department and the Non-Fee Paying Applicant.
• 1.7 The Department reserves the right, at its sole discretion, to waive Event fees for an Event or Event Series at any time. Event fees may not be payable where the Applicant is a non-commercial educational group.
• 1.8 For a one-off Event, this Agreement will terminate at the conclusion of the pack down time specified in section 2 of the Event Application Form.
• 1.9 For an Event Series, this Agreement will terminate at the conclusion of the pack down time on the last Event Series Date in the series specified in the table at section 2 of the Event Application Form.
• 1.10 The Department may extend this Agreement for a further period or periods by providing the Applicant a minimum of seven (7) days’ notice in writing via email. If the Applicant does not have access to email, the Department may provide the extension in hardcopy to the Applicant.
• 1.11 The rights granted by this Agreement are in contract only and do not create any tenancy or other interest in the Event Location or NSW National Park.

2. Approval of Event Application Form

• 2.1 Following electronic lodgement of the Event Application Form or receipt of a hardcopy Event Application Form, the Department will assess the application and determine whether the Applicant is approved for the Event or Event Series.
• 2.2 If the Event Application Form is approved, the Department will issue an Acceptance Email to the Applicant. If the Department refuses approval to an Applicant, the Department will notify the Applicant in writing via email within a reasonable time period. In the event the Applicant does not have access to email, the Department may provide the Acceptance Email in hardcopy to the Applicant.
• 2.3 The Applicant agrees to receipt of the Acceptance Email electronically, including the use of electronic signatures, in accordance with the Electronic Transactions Act 2000 (NSW).
• 2.4 Non-Fee Paying Applicants must send a validly signed Reply Email to the Department (DCCEEW) to confirm their Event (and any specified conditions) on National Park.
• 2.5 The Department agrees to receipt of all documents electronically, including the use of electronic signatures, in accordance with the Electronic Transactions Act 2000 (NSW).
• 2.6 The Department reserves the right, at its sole discretion, to accept or not accept an Event Application Form and the Applicant agrees and accepts that The Department's decision is final.
• 2.7 Any Event Application Form submitted less than 15 business days prior to the Event Date or Event Series Date will incur fees for late submission. The Department reserves the right, at its sole discretion, to waive fees for late submission.

3. Rights of the Department of Climate Change, Energy, the Environment and Water (DCCEEW)

• 3.1The Department reserves the right to:
• 3.1.1 Use the whole or part of the Event Location, provided it does not unreasonably interfere with the Event or Event Series.
• 3.1.2 Carry out necessary, urgent or emergency maintenance, restoration, upgrading or other work to the Event Location at any time which the Department reasonably determines must be done.
• 3.1.3 Inspect the Event Location and facilities at any time to ensure the Applicant is complying with the Applicants responsibilities and these Event Terms and Conditions.
• 3.2 The Department cannot guarantee the condition of the Event Location and does not warrant that it is suitable for the Event or Event Series. NSW National Parks are open to the public for recreational use and at any time, an Event Location may be subject to necessary public work.

4. Applicants Obligations

• 4.1 The Applicant must use the Event Location for the purpose and during the times set out in section 2 of the Event Application Form and at no other times for no other purpose.
• 4.2 This Agreement does not give the Applicant exclusive use or possession of the Event Location.
• 4.3 The Applicant must comply with the approved and/or prohibited conditions set out in the Event Application Form, Acceptance Email and where relevant, in any other form reasonably provided by the Department.
• 4.4 The Applicant acknowledges they will be in breach of this Agreement if they fail to comply with the approved and/or prohibited conditions of an Event as set out in the forms listed at clause 4.3.

5. Release

• 5.1 The Applicant must use and occupy the Event Location at their own risk.
• 5.2 The Applicant releases the Protected Persons from all liabilities arising from any damage, loss, theft, death or injury occurring in the Event Location or any other part of the NSW National Park, except to the extent contributed to or caused by the wrongful or negligent act or omission of the Department. This clause survives termination of the Agreement for any reason whatsoever.

6. Indemnity

• 6 The Applicant must indemnify and keep indemnified the Protected Persons from and against all claims, liabilities, losses, damages and expenses (including legal costs and expenses calculated on a solicitor-client basis) arising directly or indirectly from any breach of this Agreement and these Event Terms and Conditions or any loss or damage to the Event Location, except to the extent contributed to or caused by the wrongful or negligent act or omission of the Department. This clause survives termination of the Agreement for any reason whatsoever.

7. Termination and Postponement

• 7.1 Department of Climate Change, Energy, the Environment and Water (DCCEEW), at its sole discretion, may change, cancel, terminate, postpone or suspend the Event or Event Series or this Agreement for any reason, at any time, by giving the Applicant reasonable notice.
• 7.2 If the Applicant is in breach of this Agreement, the Department may terminate the Event or Event Series immediately or at any time, in writing.
• 7.3 If the Applicant cancels the Event or Event Series, the Applicant must do so by providing the Department with reasonable notice in writing.
• 7.4 If the Applicant wishes to postpone the Event or Event Series, the Applicant must do so by providing DPE with reasonable notice in writing. Any postponement is subject to approval by the Department.
• 7.5 In the event of postponement of the Event or Event Series, both parties shall use their best endeavours to negotiate an alternative time to hold the Event or Event Series and any other necessary terms and conditions.
• 7.6 In the event of postponement of an Event or Event Series, the Department will retain any fees paid by a Fee-Paying Applicant for the new proposed Event date/s.
• 7.7 In the event of cancellation up to 15 days prior of the Event or Event Series, the Department will retain twenty five percent (25%) of the fees and refund the remaining seventy five percent (75%) to the Fee-Paying Applicant.
• 7.8 In the event of cancellation within 14 days and 49 hours of the Event or Event Series, the Department will retain fifty percent (50%) of the fees and refund the remaining fifty percent (50%) to the Fee-Paying Applicant.
• 7.9 In the event of cancellation within 48 hours of the Event or Event Series, the Fee-Paying Applicant forfeits all fees paid for the Event or Event Series.
• 7.10 In the event of cancellation for extreme wet weather, the Department will retain fifty percent (50%) of the fees paid by a Fee-Paying Applicant for the Event or Event Series and refund the remaining fifty percent (50%) to the Fee-Paying Applicant.
• 7.11 In the event of cancellation or termination of the Event or Event Series, for any other reason other than those listed above or for a breach of this Agreement, The Department will refund any fees paid by a Fee-Paying Applicant, less administrative costs.
• 7.12 The Department will not be liable to pay compensation for any termination or postponement of the Event or Event Series or for termination of this Agreement.

8. Damages

• 8.1 In addition to any fees, the Applicant must pay the Department all costs and expenses, paid or incurred by the Department in respect to the Applicant’s performance under or breach of this Agreement.
• 8.2 The Applicant must pay the estimated or actual costs of any loss or damage caused to the Event Location and/or the NSW National Park by the Applicant or any of the Applicant’s officers, employees, agents, contractors, invitees or guests. This clause 8 survives termination of the Agreement for any reason whatsoever.

9. Insurance

• 9.1 Incorporated bodies, sporting clubs and associations and commercial groups must at their own expense effect and maintain public liability insurance.
• 9.2 Public liability insurance must be taken out on a single occurrence basis during the Event or Event Series hours (or any further extension), for a minimum period of six months thereafter and for a minimum amount of $20 million, stating the Secretary DPE, the Minister for Environment and Heritage and the Crown in the right of the State of NSW as insured parties, for an occurrence including:
• 9.2.1 Cross liability (severability of interests); and
• 9.2.2 Property damage insurance against liability for loss or damage to property (including property belonging to DCCEEW, the Applicant and/or third parties) when such property is located in the Event Location; and
• 9.2.3 Insurance for staff involved in the Event or Event Series (including workers compensation insurance).

10. Privacy and Personal Information

• 10.1 The Applicant acknowledges that personal information will be collected by the National Parks and Wildlife Services on behalf of the Department upon submission of this Agreement. The Applicant’s personal information will be used to contact the Applicant in relation to the Event or Event Series.
• 10.2 The Applicant’s personal information will be stored securely by the Department and will be disposed of, according to the DCCEEW Records Management Policy. Personal information contained in this Agreement will be treated in accordance with the Privacy and Personal Information Protection Act 1998 (NSW), under which the Applicant has rights of access and correction. Please see the Department’s Privacy Management Plan for further information.

11. General

• 11.1 All fees payable under this Agreement are inclusive of GST.
• 11.2 This Agreement is governed by the law of New South Wales and the Applicant submits to the exclusive jurisdiction of the courts of New South Wales.
• 11.3 Any previous negotiations, agreements, representations or warranties in relation to this Agreement are of no effect.

Definitions

Acceptance Email means written confirmation sent by electronic transmission from the Department of Climate Change, Energy, the Environment and Water (DCCEEW) accepting the Applicants Event Application Form (with relevant conditions) and approving the Event (for Fee Paying Applicants).
Agreement means these Terms and Conditions, Acceptance Email, Reply Email (if applicable) and Event Application Form.
Applicant means the person or company that has submitted an Event Application Form to hold an Event or Event Series on NSW National Park and includes a Fee Paying Applicant and Non-Fee Paying Applicant.
Event means any Event described in section 2 of the Event Application Form.
Event Application Form means the online or hard copy Event Application Form specific to the Event or Event Series.
Event Location means the proposed Event Location described in section 2 of the Event Application Form.
Event Series means the series of Activities set out in the table at section 2 of the Event Application Form.
Event Terms and Conditions means these Event terms and conditions.
Fee Paying Applicant means an Applicant that is required to pay fees to the Department to hold an Event or Event Series on NSW National Park.
Non-Fee Paying Applicant means an Applicant who is not required to pay fees to the Department to hold an Event or Event Series on NSW National Park in accordance with clause 1.7.
Department of Climate Change, Energy, the Environment and Water (DCCEEW) means the Crown in right of the State of New South Wales acting through the Department of Climate Change, Energy, the Environment and Water (DCCEEW).
The Department means the Department of Climate Change, Energy, the Environment and Water (DCCEEW)
Protected Persons means DCCEEW, the Park Authority (as defined in clause 3(1) of the National Parks and Wildlife Regulation 2019 (NSW)), the Minister for the Environment, employees and officers of DCCEEW, any other person acting under the direction or control of DCCEEW or the Minister for the Environment for any purpose and the Crown in right of the State of New South Wales.
Reply Email means the written confirmation returnable by electronic transmission by Non-Fee Paying Applicants to confirm an Event on NSW National Park.
Series Date means the date of each Event in the Event Series described in section 2 of the Event Application Form.