River and Parks Commercial Recreation Activities Permit CONDITIONS OF HIRE

Transcription

1 River and Parks Commercial Recreation Activities Permit CONDITIONS OF HIRE EACH TRAINER OR COMMERCIAL OPERATOR ISSUED WITH A PERMIT APPROVED BY THE CITY OF MELVILLE MUST ADHERE TO THE FOLLOWING CONDITIONS OF HIRE: APPROVED AREAS 1. COMMERCIAL RECREATION ACTIVITIES ARE NOT PERMITTED IN A HIGH ACTIVITY AREA AND/OR CULTURAL ENVIRONMENTAL OR NATURAL SIGNIFICANCE AREAS. SPECIFIC AREAS WHERE THESE ACTIVITIES ARE PROHIBITED INCLUDE BUT ARE NOT LIMITED TO: 1.1. Outdoor seating, sheds or benches metres from memorials metres from playgrounds or play equipment metres from any public changing rooms, toilet or kiosk area metres away from neighbouring residential property metres away from stairways and duel use pathways metres from any roads metres from touchline of organised sporting activities 1.9. Limestone caves and Rocky outcrops Point Walter spit Gazebos and shade shelters Piney Lakes (Without specific permission) Boat Ramps Jetties Vegetated Bushland or Foreshore Areas 2. Permit holders will be aware that the location is not set aside for their exclusive use and must take note of the public and other activities. The permit holder must be aware of other users and give way to all other users at all times. 3. Permit holders shall conduct activities away from environmental areas. 4. Permit holders will conduct their activities so not to dominate, monopolize and/or obstruct any stairways or pathways. 5. This permit only approves activities on City of Melville land. Where an activity is being conducted on City of Melville land and neighbouring areas, separate approvals may be required. I.e. Swan River Trust, neighbouring local authorities. The applicant is responsible for obtaining approvals as required for any activities held in neighbouring areas. APPROVED ACTIVITIES 6. ACTIVITIES CONDUCTED BY COMMERCIAL RECREATION BUSINESSES AND/OR SCHOOLS THAT MAY BE APPROVED INCLUDE: 6.1. Gym sessions (with or without weights [max 2KG], fitballs, skipping ropes, etc.) 6.2. Boxing and pad training 6.3. Organised aerobics activity 6.4. Yoga, Tai Chi and Pilates classes and like activity s 6.5. Circuit training 6.6. A combination of the above 6.7. Kite Surfing 6.8. Paddle Boarding 6.9. Kayaking

2 6.10. Other commercial recreation activities may be eligible and approved subject to consultation with Officers. 7. ACTIVITIES THAT ARE NOT PERMITTED INCLUDE: 7.1. Aggressive and intimidating activities including excessively loud voice calls or instructions and the use of whistles Activities involving amplified music or amplified audio (voice) equipment. PERMIT APPROVAL REQUIREMENTS To satisfy and maintain an approved permit, Trainers and Commercial Operators: 8. Can only provide the activities for which they are suitably qualified and that have been approved by the City of Melville; 9. Can only operate in the areas and at the times specified by the City of Melville in the permit; 10. Shall comply with reasonable directions of City of Melville Rangers, Community Safety and Security Officers or Reserve Coordinators and other authorized Council officers in relation to resisting or any unacceptable practices. 11. Shall carry the issued permit and display evidence of the permit in the prescribed manner; 12. Acknowledge that the permit is issued to an individual without a right to assignment of the permit unless approved by the City of Melville in accordance with this condition of hire. 13. Shall pay all statutory fees in advance as required; 14. Shall not interfere with any Council approved or booked activity including but not limited to filming, commercial photography, wedding, birthday party, corporate BBQ, sport or sporting activity that is being carried out on any oval or reserve or part thereof and the trainer acknowledges that such a booking has priority over the trainer s use; 15. Acknowledge that a permit or renewal of a permit may not be provided if a similar business is operating in close proximity or the desired location is already heavily used by the general public or other community groups. 16. Acknowledge that the maximum term available for any Agreement or Permit is up to three (3) years. 17. Acknowledge that a one (1) year trial period is available to successful Operators to allow both the City of Melville and Operators to review the viability and suitability of the activity/service at the conclusion of the one (1) year initial trial period. 18. Acknowledge that the City of Melville does not guarantee permit or agreement renewal at the conclusion of a permitted period. 19. Acknowledge that the City of Melville reserves the right to alter or update the Conditions of Hire. Any changes after receiving approval for and issuing of a permit will be applicable to continued use of an issued permit as notified by the City. Liability and Certifications 20. Shall indemnify and keep indemnified the City of Melville from any claim or demand arising from or in relation to any act, omission, damage, loss, charge, liability, outgoing, payment, expense, cost or the like of any party. 21. Shall not commence any action, notice, demand, proceeding or make any claim of whatsoever nature against or to the City of Melville and shall not hold the City of Melville liable for any loss, damage, charge, liability, outgoing, payment, cost or expense in relation to the hire or use of the facility.

3 22. Shall take out and maintain in their name, for the duration of the permit, an approved public liability insurance for a minimum of $10 million and produce documentary evidence of this at the time of application; 23. Shall agree that, notwithstanding any implication or rule of law to the contrary, the City of Melville shall not be liable for any damage or loss that any trainer and their clients may suffer by the act, default or neglect of any other person or by reason of the City of Melville failing to do something on or to the public space used; 24. Must obtain, where required, written approval form the Department of Transport Marine Division, Swan River Trust, Department of Biodiversity, Conservation and Attractions, Work Safe and/or other relevant statutory authorities. 25. Must provide current documentation of any certifications which confirm approvals and qualifications from other public authorities or statutory bodies to the City of Melville on application and when requested. 26. Are liable for any fees or levies required by other public authority or statutory body. Conducting of Activities and Care for Facility Conditions and Other Users 27. Shall always conduct themselves in a proper and orderly manner and be considerate to other reserve users and adjacent residents when conducting commercial recreational activities in public areas. 28. Are only authorised to provide the activities specified in their permit and must not sell clothing or equipment or refreshments or any other good, service or product. 29. Shall ensure that the area is maintained in a clean and tidy condition during and after use. 30. Shall manage the activities to minimize wear and tear on grassed areas (this includes rotating within the designated area and / or alternating activities). 31. Shall not allow any type of vehicle onto public open space at any time, including foreshores. 32. Must ensure the activities do not in any way obstruct/interfere with either vehicular, pedestrian traffic or native animals. 33. When conducting group training, must ensure that any group for which they are responsible runs in single file when running in narrow areas. 34. When conducting Kite Surfing activities are not permitted to fly kites over any vehicles, pedestrians or animals. 35. Must ensure that their participants do not step on or walk on or in any other way inappropriately use picnic tables and park furniture and shall leave the area in the same condition it was at the commencement of training/activities. Equipment Permit Holders (and their Participants): 36. Shall not erect, hang or tie equipment from trees. 37. Shall not suspend boxing or kickboxing bags from trees and / or structures in the public reserves. 38. Shall ensure that any equipment used does not create any hazards or obstruction. 39. Are responsible for removal of all equipment from the site at the conclusion of each activity session. 40. Shall not string out or place string, lines &/or ropes along the foreshore. 41. Shall not display any advertising signage including banners or A frame signs on the Council s public areas.

4 Health and Safety 42. Shall prior to commencing activities, inspect the immediate area to ensure no hazards are evident and take appropriate action to remove those hazards or alternatively move the training site and, without undue delay, report to the City of Melville the hazard or any other hazardous matters observed during the training that may require City of Melville s attention or the governing authority. 43. Will not create any noise from training activities that unreasonably disturbs other users and adjacent residents. 44. Are responsible for satisfying all occupational health and safety legislation and regulations. 45. Are responsible for providing all necessary first aid and/or rescue equipment as required by the governing body of the relevant activity. 46. Must possess all necessary safety training as required by the governing body of the relevant activity. LOCATION-SPECIFIC CONDITIONS 47. CONDITIONS SPECIFIC TO THE POINT WALTER FORESHORE ALSO APPLY TO RELEVANT PERMIT HOLDERS: At Point Walter Foreshore no parking is permitted in the cul-de-sac at Point Walter Reserve. Vehicles must be parked in marked bays only The cul-de-sac at Point Walter Reserve is not permitted to be used as a loading/unloading zone. Vehicles must be parked in marked bays only An operator at Point Walter Reserve is not to occupy more than two standard parking bays There are some restricted areas at the Point Walter foreshore. Applicants and Permit Holders are responsible for familiarising themselves with which areas are designated for any approved activities. See Appendix 1. for a restricted areas map Users are not permitted to utilise restricted areas for their activities at any time. 48. CONDITIONS SPECIFIC TO THE MELVILLE BEACH FORESHORE ALSO APPLY TO RELEVANT PERMIT HOLDERS: There are some restricted areas at the Melville Beach foreshore. Applicants and Permit Holders are responsible for familiarising themselves with which areas are designated for any approved activities. See Appendix 2. for a restricted areas map Users are not permitted to conduct kiting activities inside the three yellow buoys as highlighted in the restricted areas map. Only launch and land inside this area is permitted Flying of kites is not permitted over the grass or road, especially when walking back up wind All learners and lessons are to be located down wind of the large white gum tree Users must keep all windsurfing equipment off the cycle path Users must park in designated areas only i.e. not on the grass verge. If the main road is full, users must park on a side street No kiting in onshore (westerly) winds Users must abide by WA Kitesurfing Associations C.L.E.A.R Kite Surfing Safety guidelines. Users are responsible for familiarizing themselves with the guidelines which are available here:

5 Appendix. 1. POINT WALTER FORESHORE RESTRICTED ACTIVITY MAP: 2. MELVILLE BEACH FORESHORE RESTRICTED ACTIVITY MAP: