Information about your Commercial Operations

Licence

Please read this before

undertaking the Online Commercial

Operator Education Program

Updated 19 January 2015

Welcome!

The following information has been

provided to assist you in completing

the Online Commercial Operator

Education Program.

This program is a compulsory

requirement of your commercial

operations licence and must be

completed upon every renewal or

new application of your licence.

Please note: The following information regarding licence conditions is intended as a guide only and is not enforceable by law. Any queries relating to any of the conditions should be directed towards the appropriate condition number in the relevant Commercial Operator Handbook (Marine or Terrestrial) which are legal and enforceable.

Contents 1. Operating on Parks and Wildlife-managed lands

and waters

2. Accreditation

3. Payment of Fees

4. Public Liability Insurance

5. Vehicle/Vessel Registration

6. Publicity and Marketing

7. Employees, Agents and Contractors

8. Customer Safety

9. Property Damage or Injury

10. Respecting Parks and Wildlife-managed lands

11. Declared Rare flora and fauna

12. Closure of parks and reserves

13. Respecting Aboriginal communities

14. No Assignment/Transfer

15. Rights Reserved

16. Directions

1. Operating on Parks and

Wildlife-managed lands

and waters The Parks and Wildlife Commercial

Operator Handbook is the operator’s

official manual of licence conditions

and is a legal and enforceable

document.

What parks and activities should

be listed on your licence?

All parks managed by the department, and are covered under the

CALM Act, require a licence to commercially operate in and

therefore need to be listed on your licence. Additionally if you wish

to do a certain activity, this also needs to be listed against the park

you wish to do it in.

Most parks and activities are listed on the applications forms

however not all, if the park or activity is not listed you need to ask

for this specifically by including it in the comments section of the

application form.

If a park or activity is not listed on the application form the

department may need to consult with the Marine Parks and

Reserves Authority or Conservation Commission and seek the

Minister for Environment’s approval before a licence can be issued

for the park or activity. This process can take up to 8-10 weeks.

It is important that you check your licence once issued to ensure it

covers all activities and parks you have applied for or you have

been provided with advice why they have not been added, e.g.

access to the park is not approved.

The purpose of the Handbook is

to educate and inform operators

about:

– How they can help maintain and protect

WA’s natural environment;

– Minimising risks to their clients and

other park visitors

– Maximising opportunities available in

WA parks and reserves; and

– Knowing what Parks and Wildlife

expects of them as operators.

A copy of the licence and relevant Commercial Operator Handbook must be kept with the operator or operator’s representatives at all times while on land and waters managed by Parks and Wildlife, or at least in the operator’s principle method of access to this land (vehicle/vessel) so that the operator or leader has reasonable access to it.

These items must be shown to a Parks and Wildlife officer on

demand. (Refer to General Licence Condition

5.7(b))

Regulation 106(1) of the Conservation and Land

Management Regulations 2002 allows for a penalty

of $2,000 for a person carrying out commercial

operations without Lawful Authority. This is by way of

a Commercial Operations Licence granted pursuant

to Part 7 of the Conservation and Land Management

Regulations 2002.

You must be issued a licence before beginning your

operations even when renewing your licence. If your

licence has expired you must wait until the new

licence is issued to you to continue operating.

(i) The Act;

(ii) The Regulations;

(iii) The Wildlife Conservation Act 1950;

(iv) The Wildlife Conservation

Regulations 1970; and

(v) any other Act, Regulation or By-laws

managed by other agencies.

The Operator shall comply with all laws

relating to the conduct of the Operations,

including but not limited to:

2. Accreditation The minimum levels of accreditation required are as follows:

• One year licence Either ATAP, Nature Tourism Eco

Certified, NARTA or equivalent.

• Three year licence Either ATAP, Nature Tourism Eco

Certified, NARTA or equivalent.

• Five year licence Either ATAP with EcoPlus, Nature

Tourism Eco Certified or

equivalent.

• Seven year licence Either ATAP with EcoPlus, Eco

Certification or equivalent.

• Ten year licence Either ATAP with EcoPlus,

Advanced Eco Certification or

equivalent.

Operators applying for a 2-month licence are exempt from the

accreditation requirement.

New operators applying for a commercial operations licence

for the first time will have 6 months from the date the licence is

granted to gain accreditation.

3. Payment of Fees

Operators must pay park

entry, caving, camping and

other fees where applicable

and abide by conditions set

down for the payment of

such fees. Fees shall be

paid with a Parks and

Wildlife supplied docket book

that must be carried with the

licence and handbook.

Operators must pay the fees using one of the following methods: 1. By cash, cheque, or credit card (by

filling out the card details) using a Parks and Wildlife supplied cash docket; • Please note that AMEX cards are no longer

accepted

2. By using a Parks and Wildlife supplied credit docket but only if credit has been approved.

Operators or their representatives can

leave a docket from a Parks and

Wildlife supplied docket book at the

park entry station or at the local Parks

and Wildlife office.

If the payment is made by cheque or cash with the cash docket, it must all be placed in a sealed envelope marked ‘Paid’ and labelled with the operator’s name and

licence number.

Operators must leave the docket or envelope in the collection box at the gate if the entry point in unstaffed.

If the entry point to the park or reserve is unstaffed and there is no collection box, the operator must give the dockets to Parks and Wildlife staff or to the nearest Parks and Wildlife office by the end of the day.

In the case of late payment a surcharge may apply. (Refer to General Licence Condition 5.2(a), (b), (c), (d), (e), (f) and

(g))

4. Public Liability Insurance

Operators must maintain a policy

of public liability insurance

covering the areas and

operations permitted in the

licence to the sum of at least

$10 million per event throughout

the period of the licence.

You must be able to provide evidence of the insurance policy when applying or renewing your licence or if otherwise requested by the Director General.

If you renew your insurance policy during the term of your licence, it is important that you provide proof of your new policy to Parks and Wildlife as soon as possible. If you don’t provide proof, it may be assumed that you have not renewed the insurance and you may be in breach of your licence conditions.

It is also a requirement of your licence that the operator informs the insurer of the licence and all associated conditions.

(Refer to General Licence Condition 5.12)

• Parks and Wildlife requires all vehicles and

vessels to be registered with relevant

licensing authorities, when operating on

Parks and Wildlife-managed lands.

• Parks and Wildlife no longer requires

registration documents when applying for a

licence, however Operators must provide

details such as registration numbers,

vehicle type and passenger carrying

capacity, to enable Parks and Wildlife to

classify the vehicles.

• Vessel Certificate of Survey documents

must still be provided

5. Vehicle/Vessel Registration

6. Publicity and Marketing

The promotional and advertising material

produced by the operator must reflect the

recreation and conservational values of

Parks and Wildlife-managed land, and

must not be misleading or depict actions or

activities not condoned by Parks and

Wildlife.

The operator cannot promote or advertise the operations on Parks and Wildlife-managed land until they have been issued a commercial operations licence or have written consent from the Director General.

The operator may also be required to attend training workshops relating to the values and management of Parks and Wildlife-managed land if requested by the Director General.

(Refer to General Licence Condition 5.10(a), (b), (c), (d), and (e))

7. Employees, Agents, and

Contractors

As the operator, you

are vicariously

responsible for the

actions of all people

associated with the

operations that come

under the licence.

It is your responsibility to inform all

employees, agents and contractors employed

or engaged in relation to the operations of the

licence and its conditions.

A breach by any employee, agent or contractor of the licence or any of its conditions constitutes a breach by the operator, regardless if you were present or not.

The operator must also ensure that all passengers comply with the conditions of the licence because if a passenger breaches a condition, it will constitute a breach by the operator and the operator will be vicariously liable.

(Refer to General Licence Condition 5.5(a) and (b) and 5.6 (a) and

(b)).

Operators should also note that they can not employ or engage an employee, agent or contractor for operations on CALM Act Land if that person has been convicted in the past 10 years of :

– An offence under the CALM Act carrying a penalty of $400 or greater;

– An offence under the CALM Regulations carrying a penalty of $200 or greater;

– An offence under the Wildlife Conservation Act 1950 carrying a penalty of $4000 or greater; or

– An offence under the Wildlife Conservation Regulations 1970 carrying a penalty of $2000.

Without the written approval of the Director General

(Refer to General Licence condition 5.5(c))

8. Customer Safety

Client safety should be one of

the operators’ highest priorities!

To guarantee the safety of your passengers and clients you must ensure that:

• All appropriate safety and first aid equipment is present and in good order at all times.

• Only competent/ qualified guides/ instructors/ pilots are employed and used.

• All leaders must have current first aid qualifications at least an Apply First Aid Certificate (National Training requirement HLTFA301C) or equivalent.

• Clients are always cautioned in either a written or oral form in a language understood by the client about all potential hazards likely to be encountered before they enter/access lands and waters managed by Parks and Wildlife. This includes carrying adequate hydration and weather appropriate clothing.

To guarantee the safety of your passengers and clients you must ensure that (con’t) :

• A leader supervises all passengers at all times during operations and supervision is reasonable given the passengers levels of fitness, experience and abilities.

• All appropriate licences, certificates and authorities required for the operations of the licence are arranged and paid for prior to the activity.

Please contact and report to the

nearest Parks and Wildlife office

within 48 hours if emergency

services were contacted or the

safety of any passengers was at

risk whilst conducting operations

on Parks and Wildlife-managed

land.

(Refer to General Licence Conditions 5.1(b), 5.3(a) and (c),

5.4(a), 5.5(a), and 5.7(e)(i))

• If the operator (including employees) or any of its passengers damages Parks and Wildlife property, the operator must report it to Parks and Wildlife within 48 hours of the occurrence.

• Any injuries suffered by passengers requiring attention by a doctor or hospital whilst on Parks and Wildlife-managed land must also be reported to the local Parks and Wildlife office within 48 hours.

9. Property Damage and

Injury

10. Respecting Parks and

Wildlife-managed land The operator shall ensure that, in respect of Parks and

Wildlife-managed land:

• All rubbish arising from the operations is removed.

• Native vegetation and native animals are not damaged or

disturbed.

• Operations do not disturb other persons and activities or

impede public access to CALM Act Land.

• Vehicles remains on formed roads and designated tracks.

Management tracks such as fire breaks may not be

accessed without written approval or unless in an

emergency. Vehicles should also only be parked in

designated locations and those relevant for the class of

vehicle.

(Refer to General Licence Condition 5.8 (a)) and 5.9

11. Declared Rare Flora and

Fauna

All native flora and fauna in WA are protected

under the Wildlife Conservation Act 1950. This

includes all living plants, or parts of plants

(including seeds), and all or part of any animal

living or dead (including eggs, carcass, skin,

plumage, shell and bones).

It is an offence against the Act to take

protected flora and fauna without lawful

authority (‘to take’ in relation to fauna being to kill or

capture any fauna by any means or to disturb or molest

any fauna by any means).

• The operator, its employees, agents,

contractors or passengers shall not take

any protected flora or fauna whether alive

or dead or any non-living objects such as

shells and rocks from any Parks and

Wildlife-managed land.

• Neither the operator, nor the operators

employees, agents, contractors or

passengers shall without lawful authority,

engage in the feeding of fauna on Parks

and Wildlife-managed land.

However, information provided by operators

and the general public may prove valuable in

the monitoring and conservation of rare

species. Operators are encouraged to report

sightings of threatened or priority flora and

fauna to their local Parks and Wildlife District

office.

Such information may help to conserve these

species for future generations of visitors.

12. Closure of Parks and Reserves

Parts of Parks and Wildlife-managed land may be subject to full or partial closure at some times of the year.

Areas, roads and tracks within a park may be subject to closure:

• due to environmental factors such as flooding

• to allow for road works and fire control

• to limit the spread of diseases such as the plant pathogen Phytophthora cinnamomi

• to protect animal species at vulnerable periods such as nesting.

You can get information about

road or park closures, bush fires

and prescribed burns by:

• Contacting the local Parks and Wildlife district office.

• Checking the Parks, Trails and Road Closures page

on the Parks and Wildlife website.

• Checking your email account for a Commercial

Operator Broadcast.

• Checking the Bushfire and Smoke Alerts or

Prescribed Burns page on the Parks and Wildlife

website or the DFES website for current prescribed

burns or fires.

• Downloading the DPaW Alerts app from Google Play

or the Apple App Store.

13. Respecting Aboriginal culture

It is important that operators continue to

build sustainable relationships with

Aboriginal communities.

Sites and landscapes of Aboriginal

heritage value and significance are

found on CALM Act land throughout the

State. Sites may include (but are not,

limited to) mythological places, fish

traps, artefact sites, middens, scar

trees or sites where Aboriginal people

have painted or engraved surfaces. Landscapes features which possibly contain Aboriginal sites include (but are not limited to) rock outcrops, caves, foreshores and coastal dunes or semi-permanent and permanent waterholes, natural springs and watercourses. Under the Aboriginal Heritage Act 1972, it is an offence to excavate, destroy, damage, conceal or in any other way alter an Aboriginal site without authorisation.

• The operator shall not enter into

any areas occupied by Aboriginal

communities without obtaining the

prior consent of such

communities.

• The Operator shall seek written

approval from the relevant Native

Title Working Group or Prescribed

Body Corporate to speak for

country and or Aboriginal culture.

• The Operator shall seek written

approval from the relevant

Native Title Working Group or

Prescribed Body Corporate to

access areas that have

registered sites of significance.

14. No Assignment/ Transfer

Licences can not be bought or

sold and they are not transferable

This information must be explained to any

prospective purchaser of your business

operation and they should be advised that the

buyer would be required to apply to the Director

General for a new licence or a replacement

licence to continue the existing operation.

In the case when the operator is a corporate entity, the Director General must be notified in writing within twenty-one (21) days of any change in beneficial ownership of the corporate entity.

The licence may become null and void if beneficial ownership of the corporate entity changes by more than twenty-five percent (25%).

(Refer to General Licence Conditions 5.17(a) and (b))

15. Rights Reserved Please note the following in regards to your

commercial operations licence.

• The Director General may cancel, suspend or

refuse to renew the licence on the grounds that you,

or your representatives, have been convicted of an

offence against the Conservation and Land

Management Act 1984 and regulations made under

that Act.

• Parks and Wildlife takes no responsibility for the

cost of any search and rescue caused by your

negligence or that of any of your

representatives/employees, and for the security,

loss, damage or otherwise of any machinery,

equipment or other goods under your ownership or

control.

(Refer to General Licence conditions 5.4(b), 5.11(a), 5.14(a), (b), (c), and (d) and Extra Licence condition 7.4(a))

• The Operator shall comply with

all verbal and written directions

issued to it by an authorised

officer appointed pursuant to

sections 45 or 46 of the Act.

• (Refer to General Licence Condition 5.18(a))

16. Directions

Thank You! You can now close this presentation

and begin the Online Commercial Operator Education Program Test

There will be 10 multiple choice questions based on the information just provided.

A certificate will be available for you to print on completion of the test, please provide this with you application.

Good Luck!