Information about your Commercial Operations Licence Please read this before undertaking the Online Commercial Operator Education Program Updated 19 January 2015
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!