Contract Between Minister of Environment and RecFishSA March 2013smallpdf Com (2)

8/12/2019 Contract Between Minister of Environment and RecFishSA March 2013smallpdf Com (2)

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DEWNR 5710686

Date:1\ z \r+-Mr Steven Griffiths MPMember for Goyder51 Robert StreetMAITLAND SA 5573

l*\ Government of South,Australiat j Department of Errvironrncnt,\**/ Water and Natural RcsourcesGovernance & LegalLevel 9 Chesser House91-97 Grenfell StreetAdelaide SA 5000GPO Box 1047Adelaide SA 5001AustraliaDX1 38Ph: +61 8 8463 3497Fax: +61 I 8204 5321www. environment. sa. g ov. a u

Dear Mr GriffithsRE: FREEDOM OF INFORMATION APPLICATIONI refer to your application pursuant to the Freedom of lnformation Act 1991 (the Act) receivedby the Department of Environment, Water and Natural Resources (DEWNR) on 6 December2013, seeking access to:

"A copy of all signed and agreed funding agreements, contracts or documentationrelated to any other money allocated via sponsorship or donation to the peak bodyrepresenting recreational anglers in South Australia under the name SARFAC orRecFish SA and the Department of Environment, Water and Natural resources or anymonies that the Department of Environment, Water and Natural Resources haveassisfed this organisation since 1 January 2010 to 30 November 2013."

I apologise for the delay in responding to your request.DETERMINATIONSearches of the Department's records have found that there are 3 documents held by thisagency within scope of your request as listed in the attached schedule.As a DEWNR Accredited FOI Officer, I have determined to grant yo'u full access todocuments 1 and 3 and partial access to document 2. Document 2 contains the bankaccount details of RecFish SA, and as agreed in a telephone conversation with Ms HollySimmons of your Office on 6 February 2014, this information has been redacted.There is no charge for processing this application.YOUR APPEAL RIGHTSlf you are dissatisfied with this determination, you are entitled to exercise your rights tointernal review and appeal as outlined in the attached documentation, by completing theattached Application for Review of Determination. lf you decide to apply to exercise yourrights to review, the completed form must be returned within 30 days to:


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Chief ExecutiveDepartment of Environment, Water and Natural ResourcesGPO Box 1047ADELAIDE SA 5OO1lf you have any queries in relation to the above please contact me on telephone 8463 3497or email [email protected] sincerely

^4CllW,-.-'-Mia ToscanoACCREDITED FREEDOM OF INFORMATION OFFICERDEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES


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G@Fi\',Emmett, Jon (DEWNR)From:Sent:To:Cc:Subject:

Gary Flack Wednesday, l August, 2012 B:37 AMEmmett, Jon (DEWNR)Burnell, Andrew (DEWNR); Thomas, Chris (DEWNR)Re: Quick Meeting Summary

Thanks Andy and Jon, much appreciated.I have passed onto RecFish SA Executive members for commentGaryOn31/0712012, at 4:45 PM, Emmett, Jon (DEWNR) wrote:

Gary, thanks for your time this afternoon.Just to conflrm, the next key task is to cost RecFishSA's involvement in ihe following aciivities/eventsand prepare a proposal to cover the funding.1) RecFishSA (Gary or other nominee) to attend priority Adelaide and regional information sessions- travel and accommodation costs- materials/resources you wish to develop / print2) RecFishSA marine parks information evening for Marine Retailers- by invitation only, all marine retailers (SAFTA, AAA, BIASA members, angling magazines, baitsuppliers, boat retailers etc). Potentially 100 people.- evening event, nice venue, catered.- possibility of Minister's attendance, subject to his availability- cost of venue, catering, organising, invitations etc3) RecFishSA stand at 4WD and Adventure Show, supported by marine parks staff/information- good opportunity close to end of public review process to encourage public input- costs of 6m x 3m space- costs of resource materials, organisation etclf you think of another activity or event you would like to suggest, Andy and I would be happy to helpscope it,Happy to look over a funding proposal and provide suggestions too.Thanks GaryRegardsAndy and Jon


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RecFish 54, - OEWruR Marine Fark lndustry EngagementDAT DESCR{PTIO}I UNIT RATE Ai'r{OUNT

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G6 tryDATED /-?) Ony Of /-l C.rOL'r ZO./..So P{o,'s'Lr

Standard Contract Terms and eonditions:$irnp'le Senvlces Agreement

{One-off purchase}

BETWEEN

MtNtsTER FOR SUSTAI NABILITY, ENVIRONMENT AND CONSERVATION("Principal')

..A,ND.

SOUTH AUSTRALIAN RECREATIONAL FISHING ADVISORY COUNGIL tTAdiNg ASREGFISH SA("Contractor")

286e61CJS/3543634-1


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1.2.J,4-5.6.7.B.9.10.11.12.13.14.15.16.17.18.19.20.21.22.

Page 1

CONTRACTCIR PERSONNEL ,.................... 6

SCHEDULEANN EXU RE .-Special,Gonditions

SPB Standard Contract - Supply of Sewices (simple, one-off)?86s61 CJSR543634.1

Jufy 2012


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Page 2.LD

AGREEMENT daied l-tc""oLday of 20.12PARIES

MINISTER FOR SUSTAINABILITY. ENVIRONMENT AND CON.SERVATION a bodycorporate constituted pursuant lo'lhe Administrative Arrangements Acl 1994 of 91-97Grenfell Street, Adelaide, South Australia 5000 ("Principal")AND

THE PERSON/S DESCRIBED lN ITEM 2 OF THE SGHEDULE ("Contractor")

IT IS AGREED

1. DEFINITION$1.1 "Agreemenf' rneans this Agreement between the parties as described inclause 2.2;1.2 "Business Day" means any day that is not a Saturday or Sunday or a publicholiday in South Australia;1.3 "Cartel Conducf' means conduct by two or more parties who are competitors(or would be but for the conduct) who enter into a contract, arrangement orunderstanding that involves price fixing, output restrictions, allocatingcustomers, suppliers or territories, or bid-rigging, as defined in s44ZZRD of theCompetition and Consunrer Act 2010;1.4 "Gommencement Date" means tlre date specified in ltem 4 of the Schedule;1.5 "Completion Date" means the date specified in ltem 5 of the Schedule;1.6 "Confidential lnformation" means information which is identified either asconfidential information (if disclosed by the Principal) or proprietary information(if disclosed by the Coniractor), but does not include this Agreement;1.7 uCrown" means the Crown in right in the State of South Australia;1.8 "Declaration in Relation to Untawful Coltusionn means a detlaration inrelation to unlawful collusion submitted by the Contractor to the Principal in theprocurement process preceding this Agreement;1.9 "Deliverables" means the reports and any data or other material specified inthe Schedule required to be delivered throughout the performance of theServices;1.10 "GST Law" has the meaning aitributed in the A New Tax System (Goods andServices Tax) Act 1999 (Cth);1.11 "GST Rate" has the meaning aftributed in the GST Law;1.12 "lntellectual Property Rights" means all intellectual property rights, including:

SPB Standard Contract - Supphf of Services (simple, one-off)2B6S61CJS/3tr3634.1

Juty 2012


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1-12.1 patents, plani breeders' rights, copyright, rights in circuit layouts,registered designs, trade marks, know-how and any right to haveConfidential lnformation kept confidential; and

1.12.2 any application or right to apply for registration of any of ihe righisreferred to in subclause 1.12.'1,but for the avoidance of doubt excludes moral rights and performers' rights;1.13 "Personnel" means any subcontractors, employees, agents and any otherperson employed or engaged by the Contractor to perform this Agreement,and includes the Contractor's Representative,1.14 "Prices" means the prices set out in or determined in accordance with ltem 7of the Schedule;1.15 "Review Date" means ihe daie specified in ltem 6 of the Schedule.1.16 "Services" means the services specified in the Schedule and inch-rdes theDeliverables,1.17 "Taxable Supply" has the meaning attributed in the GST Law; and1.18 "Tax lnvoice" has the meaning attributed in the GST Law.

2 INTERPRETATION2.1 ln this Agreement (unless the context requires otherwise):2.1.1 A reference to any legislation includes:

(a) All legislation, regulations, proclamations, ordinances, by-lawsand instruments issued under that legislation; and(b) Any modification, consolidation, amendment, re-enactment orsubstitution of ihat legislation;2.1.2 the clause headings are for convenient reference only and do notform part of this Agreement;2.1.3 a reference to a clause number is a reference to all its subclauses;2.1.4 a reference to a clause, subclause, schedule or attachrnent is areference to a clause, subclause, schedule or attachmeni of this

Agreement;includes the singular;

2.1.6 a word inrporting a gender includes any other gender;2,1.7 a reference to lwo or more persons means all of them together;2.1.8 a reference to persons includes corporations, unincorporatedassociations, partnerships, trusts and joint ventures;2.1.9 a reference to legislation includes legislation repealing, replacing or

amending that legislation;SPB Standard Contract - Supply of Services (simple, one-off)2B6t)6 1 CJSA543634. 1

Juty 2012


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2.1 .10 a reference to dollars is a reference to Ausiralian dollars;2.1.11 where a word or phrase is given a particular meaning oiher parls ofspeech or grammatical forms of that word or phrase havecorresponding meanings;2.1.12 a reference to a party includes thai party's administrators, successorsand permitted assigns;2.1.13 where the day on or by which something is to be done is not aBusiness Day, that thing may be done on or by ihe next BusinessDay;Z.Z This Agreement between the parties comprises these standard terms andconditions and allthe documents comprised in, and incorporated by referenceto, the Annexure. If any of the documents comprising this Agreement areinconsistent, they shalliake priority in the following order:2.2.1 the agency specific terms and conditions (if any) in the Annexure;2.2.2 these staridard terms and conditions (excluding the Schedule); and2.2.3 ihe Schedr-rle (other than references to the Annexure)-

3 TERM3.1 Subject to clause 3.2, the Contracior must commence the Services by theCommencemeni Date and complete the Services by the Compleiion Date("Term"). The Completion Date may be extended by written agreementbetween the parties.3.2 Unless oiherwise agreed in writing, the parties' Representatives must meet onor within [10] Business Days of the Review Date to review the Agreement and,having regard to the purposes and objectives of the Agreement as set out inclauses 1 and 2 of the Annexure and the performance of the Agreemeni by' the parties prior to the Review Date, to agree whether the Agreement will:3.2.1 continue in force for the remainder of the Term in accordance with itsprovisions;3.2.2 be varied as agreed between the parties; or3.2.3 terminate prior to the expiry of the Term'3.3 Any variations to, or early iermination of, this Agreement agreed under clause3.2.2 or clause 3.2.3 will be subject to clause 21.7.3.4 lf the parties are unable to reach an agreement under clause 3.2, thisAgreement will continue in effect ior the remainder of the Ternr in accordancewith its Provisions.3.5 Nothing in this clause 3 derogates from any other right of terminationconferred on either party by law or under this Agreement.

SPB Slandard Contract - Supply of Services (simpte, one-off)286361 CJS/3543634.1

July 2012


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4. COhITRACT ADMINISTRATION4.1 Each party nominates as its Representative the person designated in theSchedule, and confirms that its Representative has authority to:4.1.1 exercise all of the powers and functions of his or her pariy under thisAgreement other than the power to amend this Agreement; and4.1.2 bind his or her party in relation to any matter arising out of or inconnection with this Agreement.4.2 Either party may change its Representative, by giving written notice to theother party.

5. SERVICES5.1 The Contractor must provide the Services described in ltem 3 of the Schedule("Services") in accordance with the terms and conditions of this Agreement.5.2 The Principal must provide such information and assistance described in ltenr3 of the Schedule as is required to enable the Contractor to provide theServices.5.3 The Principal may at any time give written notice to the Contractor proposing avariation ("Variation Proposal") to the scope of the Services ("VariedServices").5.4 The Principal and the Contractor must negotiate in good faith to agree inwriting the price for the Varied Services as contained in the Principal'sVariation Proposal.5.5 The Variation Proposal does not take effect unless and until the parties reacha written agreement as contemplated in clause 5.4, and the Contractor muststill perform the Services as required under this Agreement.5.6 The Contracior must use its best efforts to perform the Services in the nrostcost effective manner consistent with the required level of quality andperformance.6. THE DELIVERABLES6.1 lf the Contractor is to provide Deliverables then the details of the Deliverables(if any) set oui in tlre Schedule including the delivery dates and the form andcontent requirements, must be complied with by the Contractor.6.2 Title in the Deliverables will vest in the Principal on their delivery to thePrincipal.7. WARRANTY

The Contractor warrants that the Services will:7.1 comply with the descripiion of ihe Services in the Schedule;7.2 be provided with due care and skill;7.3 be supplied without infringing any person's lntellectual Property Rights; andSPB Standarrl Contracl - Supply of Services (sirnple, one-off) July 2012286961CJSrus43634. I


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7.4 be performed by the Contractor and/or its nominated Personnel.B. CONTRACTOR PERSONNEL8.1 The Coniractor tnust ensure that when supplying the Services:

8.1.1 it will use adequate numbers of qualified individuals with suitabletraining, education, experience and skill to perform the Services;8.1.2 Personnei observe and comply with the provisions of this Agreement.8.2 The Contractor, if required by the Principal, must give its consent to iheconduct of a police check or any other enquiry and the Contracior, if requiredby the Principal, must procure the consent of Personnel to the conduct of apolice check or any other enquiry.

8.3 lf the Principal gives ihe Contractor notice in writing requiring any one or moreof the Personnel io be withdrawn from providing the Services, the Contractormusi immediately compty with the notice and provide replacementsaccepiable to the Principal. lf the Contractor fails to comply with that noticethen the Principal nray terminate this Agreement immediately by written noticeto the Contractor. .8.4 The Principal reserves the right to refuse entry onto any of the Principal'spremises to any Personnel.8.5 The Contractor represents thai it:8.5.1 enters into this Agreement after having carried out its own diligentinvestigations into all rnatters relating to the provision of the Services,not relying on any representations made by the Principal, its agentsor employees; and8.5.2 is fully informed in respect of its obligations under this Agreentent.

9. INTELLECTUAL PROPERTY RIGHTS9.1 This clause 9.1 contains two options; (A) and (B); only the option that isselected ln ltem 9 of ihe Schedule applies io this Agreement. Where nooption is selected in ltem I of the Schedule, only option (A) applies to thisAgreement.(A) 9.1.1 The Crown will own all lntellectual Property Rights in any thing that isdelivered to the Principal or oihenrvise produced in the course of theprovision of the Services (including without limitation, Deliverablesspecified in ltem 3 of the Schedule).(B)

5.1.2 Subject to clause 9.1.3, all lntellectual Property Rights created inanything ihat is delivered to the Principat or otherwise produced in thecourse of the provision of the Services (including without limitation,Detiverables specified in ltem 3 of the Schedule) vests in and remainswith the Contractor.SPB Standard Contract - Supply of Services (simple, one'ofO286S61 CJSi3543634.1

July 2012


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Page 7

9.1.3 The Contractor grants to the Principal and the Cror,vn, a perpetual,irrevocable, royalty free, fee free licence to use. copy. modify andadapt the lntellectual Property Rights in anytl-ring tnai is described inclause 9.1.2.g.Z Each party may use the other party's name, brands and logos on a non-exclusive, royaliy-free basis without any right to sub-licence ihe other party'sname, brands and logos and onlY:

9.2.1 for the purposes of this Agreement; and9.2.2 with the prior written consent of the other pafty, which consent mustnot be unreasonably withheld and which may be given on a standingbasis.

10. CONFIDENTIALINFORMATION10.1 Subject to this clause 10, neither party may disclose any Confidentiallnformation of the other party except as genuinely and necessarily required forthe purpose of this Agreement.10.2 Neither party rnay disclose any Confidential lnformation of the other partyexcept:10.2.1 to an employee, agent or adviser of that party, on a "need to know"and confidential basis;10.2.2 to the Australian Competition and Consumer Commission (ACCC) if

the Principal reasonably suspects, or is notified by the ACGC that itreasonably suspects, that there is Cartel Conduct or unlawfulcollusion in connection with the supply of Goods or Services underthis Agreement;10.2.3 as required by law or a court order;10.2.4 in accordance with any parliamentary or constitutional convention, or10.2.5 for the purposes of prosecuting or defending proceedings.

11. PRICE AND PAYMENT11.2 SLrbject to clause 12, the Prices include all taxes, duties or governmentcharges imposed or levied in Australia or overseas in connection with thisAgreement.11.3 The Prices include all costs of compliance with the Contractor's obligationsunder this Agreement. No other costs or expenses are payable by thePrincipal.11.4 The Contractor is entiiled to invoice the Principal for payment in respect of aService, orrly on a monthly basis, when the Service has been provided.11.5 The Principal must pay on a Contractor's invoice if the invoice is properly

rendered, but not otherwise. An invoice is properly rendered if it:SPB Standard Contract - Supply oi Services (simple, one-off) July 20122B6S]6 1 CJS13543634 . 1


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Page B

1 1 .5.1 is issued in ,.=p""t of Services for which the Contractor is eniiiled toinvoice under this Agreement;11.5.2 reflects the correct price for the Services under this Agreement;1 1 .5.3 is a valid Tax Invoice within the meaning of the GST Law; and11.5.4 complies with any other requirements stipulated in the Schedule.

GST12.1 The Contractor represents ihat:12.1.1 it is registered under the A New Tax System (Australian BusinessNumber) Act 1999 (Cth), and that the ABN shown in ltem 2 of the

Schedule is the Contractor's ABN; and12.1.2 it is registered under the GST Law.12.2 lf the Prices in ltem 7 of the Schedule are expressed as being GST exclusiveand the supply for.which payment is claimed is a Taxable Supply then, inaddition io any amount payable by the Principal by reference to the price (the"base consideration"), the Principal must pay to the Contractor, an additionalamount of consideraiion ("GST consideration") for the Taxable Supplycalculated by muliiplying the GST Rate by the base consideration. The GSTconsideration is payable at the same time and subject to the same conditionsas the base consideration. ln this Agreement, "Taxable Supply", and "GSTRate" have the meaning attributed to it'in the GST Law.

INSURANCE13.1 The Contractor musi effeci and maintain all insurance policies set out in ltem Bof the Schedule.13.2 The insurance policies set out in ltem B of the Schedule must:13.2.1 if required as indicated in ltem 8 of the Schedule, note the interest ofthe Principal; and13.2.2 be with insurers satisfaciory to the Principal.

13.3 The policies referred to in ltem B of the Schedule must be in thb name of iheContractor and must cover the Contractor and all subcontractors for theirrespective rights, interests and liabilities.13.4 Before supplying Services under this Agreement, the Contractor must providethe Principal with insurance certificates of currency for the insurances requiredunder this clause. At any time during the Term, the Principal may require theContractor to provide proof that the policies of insurance have been effectedand maintained.13.5 The Principal, in specifying levels of insurance in this Agreement accepis noliability for the completeness of their listing, the adequacy of the sum insured,limit of liability, scope of coverage, conditions or exclutsions of those

12

13.

SPB Standard Contract - Supply of Services (simple, one-off128696'tCJS/3543634.1

July 2O12


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14.

Page I

insurances in respect of how they may or may not respond to any loss,damage or liabilitY.13.6 The Contractor acknowledges and agrees that it is the Coniractor'sresponsibility to assess and consider the risks and scope of insurancesrequired under this Agreement.INDEMNITY14.1 The Contractor indemnifies and must keep indemnified the Principal and itsemployees from and against all costs, losses, damages, expenses (includinglegal expenses) or other liabilities suffered or incurred by the Principal or itsemployees arising out of or in respect of this Agreement as a consequence of:

14.1.1 any negligence, wrongful act or omission or breach of duty of or bythe Contracior;14.1.2 any breach by the contractor of any of the provisions of thisAgreement; or14.1.3 any breach of a warranty given by the contractor under thisAgreement.

14.2 The Principal indemnifies and must keep indemnified the Contractor frorn andagainst all costs, losses, damages and expenses (including legal expenses).oroiher liabilities suffered or incuned by the Contractor arising as a direct resultof the use of, or reliance by the Contractor on, documents or informationsupplied by or on behalf of the Principal to the Contractor for the purposes ofenabling the Contractor to provide the Services14.3 Each party's liability to inclernnify the other party under clauses 14.1 and 14-2will be reduced proportionately to the extent that the loss or liabilityindemnified was contributed to by negligence or default by the other party.14.4 This clause will survive the termination of this Agreement.TERMINATION1S.1 The Principal may terminate this Agreement immediately upon giving notice inwriting to the Contractor if:

15.1 .1 the Principal reasonably forms the opinion that the Contractor will be. u n a b"l e lo- p-e rja r-rn-its--obli g atio ns p-u r:s-ua nt-lo this Ag reeme nt ;15.1.2 the Contractor is in breach of this Agreement ancl has not rectifiedsuch breach within 14 days of the Principalgiving notice in writing tothe Contractor requiring the rectification of such breach,15.1 .3 the Principal becomes aware that the Contractor is in breach of itsstatutoLy obligations with respect to its employees;15.1 .4 the Contractor has submitted a Declaration in Relation to UnlawfulCollusion which is found to be false in any particular;15.1 .5 clause 8.3 aPPlies; or

15.

SPB Standard Contract - Supply of Services (sirnple, one-off)2869S1 CJS/3443631, 1

Juiy 2012


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15.1.6 the Contiactor suffers or, in the reasonable opinion of the Principal, isin jeopardy of becoming subject to any form of insolvencyadministration or bankrupicy.15.2 The Contractor may terminate this Agreement immediately upon giving noticein writing io the Principal if:15.2.1 any amendment, replacement or other change occurs in relation tothe Marine Parks Act 2007 (SA) (Marine Parks Act) or anyregulations or other delegated legislation made or issued under theMarine Parks Act, including bLrt noi limited lo the Marine ParksRegulations 2008 (SA) and the Marine Parks (Zoning) Regulations2012 (SA);15.2.2 any proclamation of a new marine park is made under the MarineParks Act;15.2.3 any amendment to, replacement or making of a managemeni planunder the Marine Parks Act occurs; or15.2.4 any change occurs in relation to the Principal's policies andprocedures wiih respect to marine parks, including theimplementation of management plans, or otherwise in relaiion to themanagernent of marine parks by the Principal or any other body onwhich the authority for such implementaiion and management isconferred,which ihe Contractor determines in its absolute discretion to be unacceptableto the Contractor.

15.3 Any termination of this Agreement is without prejudice to any rights, remediesor aciions that one party may have against the other which may have arisenprior to the date of termination.15.4 lf ihis Agreement is terminated the Principal will pay ihe Contracior for thatpart of the Services authorised by the Principal and delivered by theContractor to the Principal's satisfaction prior to the date of termination.16. EFFECT OF EXPIRY OR TERMINATION OF THIS AGREEMENT16.1 Any terminaiion of this Agreement does not affect any accrued right of eitherparty.

16.2 Despite iermination or completion of this Agreement, clauses 7, n, 10, 13, 14,15, 15.2, 18, 19 and 21 survive.17. SUBCONTRACTING17.1 The Contractor must not engage any sub-contractor wiihout approval of thePrincipal, which approval may be given at the Principal's entire discretion andsubject to any conditions.-17.2 The Contractor remains responsible for obligaiions performed bysubcontractors to the same extent as if such obligations were performed bythe Contractor.SPB Standard Contract - Supply of Services (simple, one-ofi)286961 CJS/3543634.1

July 2012


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the sender must continue to retransmit the notice until iherecipient confirnrs that ii has received a legible notice; and(b) if transmitted by email before 5.00pm on a Business Day andthe Sender receives a message-opened response, otherwiseon the next Business Day, subject always to the senderreceived a message opened response.

GENERAL21,1 Compliance with LawsTlre Contractor mrist comply with the laws in force in the State in theperforming its obligations under this Agreement. The Contractor undertakesto comply with all South Australian Government policies of which the Principalinforms the Contractor which relate to the performance of the Contracior'sobligations under this Agreemeni.21.2 Governing Law21.2.1 This Agreenrent is governed by the laws in tlre State of SouthAustralia.21.2.2 The court's of the State of South Australia have exclusive jurisdictionin connection with this Agreement.21.3 Relationship Between the Parties21.3.1 The pariies acknowlecige and agree that nothing in this Agreement:

(a) constitutes a partnership or joint venture of any kind betweenthe parties; or(b) constitutes any relationship of employer and employee orprincipal and ageni between ihe Principal and ihe Contractor orbetween the Principal and any employees, agents, sub-contractors, members or volunteers of the Contractor.21.3.2 No party has any authority to bind the other Party in any mannerwhatever except with the express approval by notice in writing of theother party.21.4 No Waivers. by the Principal21.4-1 The Principal waives a right under this Agreement oniy by writtennoiice to that effect.21.4.2 Nothing else done or omitted to be done by the Principal in relation tothe Principal's rights under the Agreement will have the effect of awaiver.21.5 Entire AgreementThis Agreement constitutes the entire agreement between the parties inrespect of the matters dealt with in this Agreement and supersedes all prioragreements, understandings and negotiations in respect of the matters dealtwith in this Agreemeni.

21.6 hlo assignment

21.

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The Contractor must not assign or encumber any oi iis rights under ihisAgreement21.7 ModificationNo addition to or modification of any provision of this Agreement will bebinding upon the parties rtnless made by written insirument signed by theparties.21.8 Severance

21.8.1 Each word, phrase, sentence, paragraph and clause of thisAgreement is severable.21.8.2 lf a court determines that a part of ihis Agreement is unenforceable,invalid, illegal, void or voidable that court may sever that part.21.8.3 Severance of a paft of this Agreement will not affect any other part ofthis Agreement.21.9 Reading DownWhere a word, phrase, sentence, paragraph, clause or other provision of thisAgreement would otherwise be unenforceable, illegal, void or voidable theeffect of that provision shall so far as possible, be limited and rqad down sothat it is not unenforceable, illegal, void or voidable.

21.10 Auditor-GeneralNothing in this Agreement derogates from the powers of the Auditor-Generalunder lhe Public Finance and Audit Acf 19BZ (SA).

21.11 Disclosure of Government ContractsThe Contractor acknowledges that the Principal may disclose this Agreementeither generally to ihe public, or to a particular person as a result of a specificrequest. Nothing in this clause derogates from the Contractor's obligationsunder any other provision of this Agreement or the provisions of lhe Freedomof lnformation Act 1991 (SA).21.12 PublicitY

Neither Party may make any public announcement or media release inrelation to the Services, wiihout first consulting with the other Party.21.13 Acting EthicallY

ln delivering the services the Contractor will conduci itself iri a manner thatdces- n-ot.invite, -directly-olindirectly.,--th-e"-Principat-s-officers,-employees- oragents or any public sector employee (as defined in ihe Pirblic Sector Act2009) to behave unethically, to prefer private interests over the Principal'sinterests or to otherwise contravene the Code of Ethtbs for fhe SoufhAu stralian P ublic Secfor.

?2. OCGUPATIONAL HEALTH, SAFETY AND WELFARE22.1 lf requested by the Principal, the Contractor must:22.1,1 provide evidence satisfactory to thre Principal of its capacity to comply

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22.1.2 provide evidence that its employees, agents and subcontractors havereceived appropriate training in and are aware of their legalobligations and responsibilities in relation to occupational health,safety and welfare; and22.1.3 provide the Contractor's WorkCover Registration Number.22.2 The Contractor must permit the Principal to carry out any inspections thePrincipal deems necessary to ensure that the Contfactor is complying with theoccupational health and safety practices referred to in this Agreement.22.3 lf all or part of the work under this Agreement is to be provided on thepremises of the Principal and under the direction of the Principal, theContractor must comply with the Principal's OHS&W policies, procedures andinstructions. lf the Contractor becomes aware of any potentially hazardoussituation on the premises of the Principal, the Contractor must immediatelybring it to the Principal's attention.22.4 tf the Principal has additional requirements regarding the preparation andimplementation of OHS&IM systems and plans, these will be detailed in thedescription of services in the Schedule.22.5 The Contr,actor must comply with the Occupational Health, Safety and WelfareAct 1986 (SA) at all times, regardless of whether the Principal issues direction' 'in that regard or not.

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THE PARJIES EXEGUTE THIS AGREEMENT AS FOLLOWS:SIGNED for and on behalf of the MINISTER FOR SUSTAINABILITY. ENVIRONMENT ANDCONSERVATION:

a^te: .h.Name of delegate: 6e k 4**"J Title of delegate: )rrtecr&ra-Having been duly authorised in that regard.ln the presence of:

Signed:Name of Witness: Title of Witness: fio*tt Gcc>'*".'tr@

SIGNED for and on behalf of the SOUTH AUSTRALIAN RECREATIONAL FISHINGADVISORY COUNCIL trading as RecFish SA

sisned: 6/d.d*.=-=[Having been duly authorised in that regard]Name: Be6l6a* Scr/kHtvc'6"

ln the presence of:

r' F\.-..LName: '.:--rl t'.')

.9....tt.tU.&*ry Zo t-?Director: C'r+ ik' iz M kN

.i:'tf* *1..1:i.3.

frx, ec *'

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ITEM 1

ITEM 2

ITEM 3

ITEM 4

ITEM 5

ITEM 6

ITEM 7

SGHEDULE

PrincipalMIN I STER FO R SUSTAI NABI LITY, ENVI RONMENT AN D CONSERVATIONa body corporate constituted pursuant to the Administrative Arrangements Act1994 of 91-97 Grenfell Streei, Adelaide, South Australia 5000

Principal's representativeChris Thomas

Contractor's NameSOUTH AUSTRALIAN RECREATIONAL FISHING ADVISORY COUNCILtrading as RecFish SA ABN, 68 697 409 693 of Marine House, 300 MorphettStreet, Adelaide South Australia 5000

Contractor's representativeMr Gary Flack

Details of Services to be provided (including Deliverables)Refer to clauses.3 and 4 of the Annexure.Commencement DateMarch 2013

Completion Date31 December 2014

Review Date22March2O14Price and PaymentPrice: $125,000GST ExclusiveAddress for invoices: 1 Richmond Road, Keswick SA 5035The Price is to be paid in accordance with the milestone payment scheduleset out in clause 4 of the Annexure.

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ITEM B lnsurancesPLrblic Liability lnsurance - $10 millionProfessional lndemniiy lnsurance - NilRequired to note the inierests of the Principal: No

ITEM I lntellectual Property RightsOPtion (B)

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ANNEXUIB.ESPECIAL CONDITIONS

1. Background and PurposeOn 29 November,2012, the Government of Soutl-r Australia finalised 19 marine parkmanagement plans including sanctuary zones.The location of the sanciuary zones is based on years of community and peak stakeholderconsultaiion and is designed to:c ptotect iconic locations and species in ihe marine environment (by linking sanctuaryzones wherever possible to iconic Iocations and/or the habitats of iconic species);. have minimal impact on fishing (by ensuring that recreational fishing can continuefrom alljetties, boat ramps and popular beaches).For the marine parks to be effeciive, South Australians, including the recreational fishingcommunity, need to be aware of the value of marine parks in protecting iconic locations andspecies, and understand that when the fishing restrictions in sanctuary zones come intoeffect (1 October 2014) people will still be able to fish in the vast majority of state waters.The main outcome of this Agreement is to help the recreaiional fishing community in SouthAustralia transliion to the changes that South Australia's 19 new marine parks will bring.The agreement also seeks to assist the recreational fishing industry to understand andparticipaie in the conservation and srtstainable use of South Australia's marine parks.ln particular, ihe Principal's aim is to ensure ihat all South Australian recreational fishersknow:" that they can fish in marine parks, but not in sanctuary zones, and" that they can take a boat into a sanctuary zone (with fishing gear on board), but thatthey can't fish in a sanctuary zone.2. Objectives" The Principal and the Contractor to support South Australia's recreational fishingcommunity through io implementation of marine park management plans." The Contractor to assist in reducing the misinformation regarding marine parks andpromote the benefits of the improved protection of the marine environment." The Contractor to collaborate with the Principal on mutually beneficial grantapplications and partnership development opportunities, such as rehabilitation of

habitat, research, tagging and infrastructure projects.3. Services3.1 Education / Outreach3.1.{ Marine Outlet, Bait and Tackle Campaign

Visit and discuss any marine park issues, questions and deliver marine parkmap booklets and management plan summaries to key bait and tackle shopsand marine outlets within the Adelaide metropolitan area. The Principal toprovide a list of suggested outlets for visitation by 30 April 2013.

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Education and ouireach otttcomes:, Recreationalfishing industry ancl cornmunity better informed on marineparks.. Reduced misinformation regarding marine parks.Principal to provide:" List of suggested outleis.u Management plan summaries, maps and any other relevant product.Contractor to:" Visit suggested outlets and deliver products.u lncur all otlrer expenses tlrrough operational budget., provide a list of outlets visitecl to the Principal with recommendationsregarding percepiions, issues, potential product development and keymessages.3.1.2 Regional EngagementThe Contractor to engage with key regional recreational fishing communitymembers, stakeholders, outlets and 4 field days throughout the life of theagreement to discuss marine park issues, deliver maps and booklets,management plan summaries and other resources.The Principal to provide:" List of suggestecl outlets, stakeholders and field days.n Management plan summaries, maps and any other relevant product'The Contractor to:n Visit key community members, stakeholders, outlets and field days todeliver products.. lncur all other expenses through operational budget-n Use regional committees as a channel for distribution of materials andinformation." Provide a report of outlets, stakeholders, communities and field daysvisited to the Principal wilh recominendations regarding perceptions,3.1.3 Significant Events (metro boat shows)participate jointly with the Principal in four significant events during 2013 and2014 to promoie fishing and marine parks.o Boat Show 2013 (20-23 June 2013). sA Boat and Fishing show + 4wD Adventrlre show 2013 (25-27October 2013)' Boat Show 2014 (date TBC)" sA Boai and Fishing show + 4WD Adventure Show 2014 (date TBC)

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The Principal to Provide:" Organisation and payment of eveni fees." The Principal's product and display materials at both events'The Contractor to:n Participate with the Principal for the duration of the events (4 days Boatshow and 3 days for sA Boat and Fishing show, minimitm 2 staff perevent).u Provide the coniractor promotional items and relevant brochures.' lncur all other expenses through operaiional budget.u Provide a report of recommendaiions regarding perceptions, issttes,potential product developntent and key messages.3-1,4 lndustry EventsFaciliiate two industry events during 2013 and 2014 (the Contractor torecommend timing in consultation with the Principal) to continue buildingcapacity including key recreaiional fishing industry stakeholders to updaieprogre=" on marine parks. The Contractor consults with the Principalregarding list of recreational fishing industry attendees.The Principal to provide:" Management plan summaries, maps and any other relevant product.' Selected staff to attend the events.The Contractor to:" Organise and facilitaie events.o lncur all expenses through operational budget-" provide a report of recommendations regarding perceptions, issues,potential product development and key messages.e Provide a list of event atiendees.3.1.5 Distribution and Gontractor websiteUse the Cbntractor's membership, data-base and website to distribute marinepark information, updates and products.

The Principal to Provide:. Relevant proclucts and messages in paftnership with the Contractor.The Coniractor to:

Manage website and data-base promotion and distribution'' lncur all expenses through operational budget.* provide at least 12 agreed opportunities to distribute marine parkinformation thror-rgh the term of the agreement.SPB Standard Contract - Supply of Services (simple, one-of0286961 cJSt3543634.1

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3.2

3.1.6 Articles in relevant recreational fishing industry publicationsProduce at least six articles for relevant recreaiional fishing industrypublications (hardcopy/electronic) focussed on reducing the misinfornrationregarding marine parks and promote the benefits of the improved protection ofthe marine environment.The Principal to provide:" Tecl-rnical and editing sutpport on article information.The Contractor to:' ldentify relevant publications." Prepare content for publications." Liaise with publication team on design, layout, proofing maierials.. lncur all expenses through operational budget.ln addition to the above tasks, it is expected that the Contractor will seekfurther opportunities through the day to day activities, produrcts, promotionalitems or brochures to reduce the misinformation regarding marine parks andpromote the benefits of the improved protection of the marine environnrentacross the recreational fishing industry.Tlre Education and Outreach Campaign will be repeated prior to fishingrestrictions in sanctuary zones becoming operational for recreational fishers(July 2014 - September 2014).3.1.7 Key PersonnelAs part of this Agreement, the Principal requires that the Contractor'sExecutive Officer, Mr Gary Flack will be the contact for the Principal and willbe responsible for delivering on ihe Agreement, including attendingeducation/outreach initiatives, attending all monthly meetings and providingadvice throughout the term of the Agreement. The Executive Officer, inconsultation with the Principal, will have the discretion to nominate arepresentative in the event that the Executive Officer is unable to attend althese meetings and contract tasks.Product DevelopmentAssistance with a "Fishing in Marine Parks' guide (as per NSW,http://www.mpa.nsw.qov.au/pdf/Fishintl-in-Marine-Parks.pclf). (March) 201 3.lnput into smart phone application available for download. This application willidentify zoning and alert fishers.Advise on software upgrades for GPS units.Advise on marine park zoning maps/materials for rec fishers.Advise on interpretive and compliance signage. (Position and content).

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The Principal io provide:. Funding to develop, design and produce relevant recreational fisher producisincluding Fishing in Marine Parks guide.

The Contractor to:' Provide recomnrendations and advice . to the Principal on productdevelopment, messaging, promotion and distribution." ldentify opportuniiies to distribr-rte and promote products across theRecreational Fishing lndustrY,. lncur all other expenses through operational budget.. Make recommencjations regarding perceptions, issues, poiential productdevelopment and key messages for the recreational fishing community andindusiry." Provide evidence of advice and involvernent across the state in signagestrategy (interpretaiion and compliance).3.3 Grant ApplicationsPartner with the Principal in grant applications for infrastructure projecis, communityresearch initiatives and monitoring and evaluation funding.The Principal to provide:" Expertise to develop/administer grant applicaiions.The Contractor to:o Collaborate with and advise the Principal in securing of addiiional funding forvarious projects.. Provide recommendations and advice to the Principal on priorities of variousprojects.' Administer successful funding partnership bids for the recreational fishingindustry." lncur all other expenses through operational budget.3.4 Access for Recreational Fishing" Advise on priority infrastructure upgrades, such as boat ramps.. Advise on priority freshwater fishing opporiuniiies.u Advise on fisher-related facilities, such as fish cleaning stations-" Aitend monthly advisor meetings wiih the Principal (4 hrs maximum length).3.5 Monitoring, Evaluation and Reporiing (MER)Partner with the Principal in the planning, developmeni, funding, coordination andpromotion of various monitoring, evaluation and reporting initiatives-

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The Principalto:

" Facilitate the development of MER programs, including, costs to develop,design and produce a new MER project.The Contractor to:

Work with the Principal in the scoping and planning of potential communityMER projects.Promote recreational fishing involvement in community MER viawebsite and electronic mail-outs.Work with the Principal in assessing the social impact of marinerecreational fishing.Recruit recreationalfishers in monitoring, evaluation and reporting projects.lncur all other expenses through operational budget.Demonstrate increased involvement of the recreational fishing industry inmonitoring, evaluation and reporting projects.

updatedparks on

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Task ancl Deliverable

Review agreement (parties to agree to continue,wiihdraw or varY).Attend January, February and March monthly meetings'Ouilining outcomes achieved through collaboration ingrant applications, MER iniiiatives, publications, andadditional initiatives.Evidence of articles developed and published'

1. Adelaicle Boat Show attendance (TBC)'2. Attend April, May and June monthly meetings'3. Encl of financial year summary including ouicomesregarding collaboration in grant applications' MERinitiativei, publications, and additional initiatives'4. Regional engagement summary.5.Evidenceinadviceandrecreationalfishersinvolvementin signage strategY.

Marine outlet and bait and tackle shops campaign'Facilitate one industrY event.Attend July, August ancl September monthly meeiings'Outlining outcomes achievecl throurgh collaboration ingrant ap*plicaiions, MER initiatives, publications, andadditional initiatives.Evidence of adicles developecl and published'SA Boat and Fishing Show, 4WD Adventure Show(rBc).List of ouilets visited thror"rgh education and outreachcampaign prior to commencelnent of sanctuary zones'Regional engagement summarY.Attend October, November and December monthlymeetings.

Milestonepayment

March 2014

z.J.

1.2.3.

3.4.

$15,000Lrne 2014

$15,000

September2414

December2014

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Task and Deliverable Date Milestonepayment

5.6.

Deliver final report on outcomes.Renegotiate any ft-rture agreement.

TOTAL $125,000

Documents

Contract Between Minister of Environment and RecFishSA March 2013smallpdf Com (2)