Nimmie-Caira Project - Access Policy · Nimmie-Caira Project - Access Policy . 4 . DPI Water, March 2016 . 6. Where a Visitor enters the Project area pursuant to an Application Form

Nimmie-Caira Project – Access Policy March 2016

Introduction The Nimmie-Caira System Enhanced Environmental Water Delivery Project (the Nimmie-Caira Project) is a NSW Government water recovery project funded by the Australian Government. The Nimmie-Caira Project involved the purchase in 2014 of 84,000ha of land in the Nimmie-Caira system (see Map 1) and associated water entitlement (“Project area”), in order to deliver increased environmental water flows to and to maintain and enhance existing Aboriginal cultural and environmental values in the Project area.

Objectives The objectives of this Access Policy are:

• to plan, manage and regulate access to the Nimmie-Caira area to protect environmental and cultural heritage, human life, private property and prevent disruption to Project activities; and

• to meet the needs and expectations of the community while ensuring the objectives of the Nimmie-Caira Project are met.

The Water Administration Ministerial Corporation (WAMC), a New South Wales statutory body, owns the Nimmie-Caira land. WAMC may vary, revoke or replace this Access Policy (including the Conditions of Access) in the future.

Scope and Application The Nimmie-Caira Project area is owned and controlled by WAMC and will be managed according to the objectives set out in the Nimmie-Caira Heads of Agreement.

In the short term, access beyond the public road system will be limited to persons requiring access for official government business or, where appropriate, to persons who have been granted a commercial licence or lease that requires them to have reasonable access to the area. In the long term as part of the Nimmie-Caira project, the access policy for the Nimmie-Caira will be reviewed. Access to the Nimmie-Caira land will be considered and granted on the basis of this Access Policy.

Access Principles 1. No access to the Project area is allowed, except with the written permission of WAMC. 2. Requests for the following access types are ones that WAMC will consider:

a. Government staff and contractors performing work on the property for WAMC, State Water Corporation or their sub-contractors.

b. Academic research and monitoring of cultural, environmental or historic value. c. Other access as determined appropriate by WAMC from time to time.

3. This access policy applies to all persons other than DPI Water staff who report directly to the Nimmie-Caira Project Manager.

4. If granted, access to the Project area is provisional on agreement to the Conditions of Access (Attachment A). Special Conditions may be imposed at WAMC’s discretion.

5. Applications for access should be completed on the form (Attachment B) and should be submitted to: Water Administration Ministerial Corporation

DPI Water-Nimmie-Caira Project Senior Project Officer PO Box 156, Leeton NSW 2705 [email protected] Phone: 02 6951 2624

mailto:[email protected]

Nimmie-Caira Project - Access Policy

2 DPI Water, March 2016

Map 1 - Nimmie-Caira Project Area (in Orange)



Attachment A

Conditions of Access WAMC has sole discretion to grant or decline applications for access to the Project area. If an application for access has been approved, the following Conditions of Access will apply (including to any Special Conditions, which are to be treated as part of these “Conditions of Access”, and any directions issued by WAMC from time to time).

Who may complete an Application Form 1. If a body corporate (“Organisation”) proposes that its staff members, contractors or other persons

under its supervision (each, a “Representative”) enter the Project area, the Organisation must complete the attached Application Form.

2. If no Organisation will complete the Application Form, then each individual who proposes to enter the Project area (described below as a “Visitor”) must sign the Application Form (more than one individual may sign an Application Form).

3. In some situations, WAMC may require a Visitor to complete an Application Form even though the Visitor will also be a Representative of an Organisation. WAMC will notify the Organisation and the Visitor if this is a requirement in a particular case.

Statue of Organisation whose Personnel enter the Project area 4. The Organisation agrees:

a. to be fully bound by these Conditions of Access (including the clauses which refer to a

“Visitor”, as if the Organisation were itself a “Visitor”),

b. to ensure the proper supervision of each of its Representatives at all times while the Representatives are in the Project area,

c. to ensure the health and safety of its Representatives at all times while the Representatives are in the Project area (including, but not limited to, making available medical care that the Representatives may require and having measures in place to enable the prompt evacuation of its Representatives in the event of an emergency),

d. to indemnify (and keep indemnified) WAMC, the NSW Department of Industry and the Government of New South Wales, and their respective officers, employees, agents and contractors (“Indemnified Entities”) in relation to any loss or damage suffered by the Indemnified Entities because of the negligence, wrongful act, illegal act or breach of these Conditions of Access by the Organisation or any of its Representatives (whether or not the Representatives have personally signed Application Form).

Duties and acknowledgments of Visitors

General

5. Access will be granted at the risk of each person (“Visitor”) who is given access to the Project area. To the fullest extent permitted by law, no liability will be accepted by WAMC for loss, damage or injury suffered by a Visitor while present in the Project area.



6. Where a Visitor enters the Project area pursuant to an Application Form completed by an Organisation, the Visitor agrees that he or she is a “Representative” of the Organisation for the purposes of these Conditions of Access.

7. Each Visitor agrees to be bound by these Conditions of Access (including any Special Conditions imposed by WAMC and any directions issued by WAMC from time to time), even if the Visitor has not personally signed an Application Form. .

8. The Visitor must comply with all applicable legislation relating to the Project area and the Visitor’s use of the Project area.

9. Approval by WAMC is contingent on local weather conditions and can be withdrawn by WAMC at any time if conditions are inappropriate for access (including where there is a risk of floods or bushfires).

Acknowledgment of risks and hazards 10. Each Visitor acknowledges and agrees that:

a. land, roads, facilities and buildings in the Project area are in many cases not well-

maintained and may present serious hazards to personal safety and property (including vehicles). In particular, roads are unpaved and may have rough, muddy or loose surfaces or be difficult to drive on. The Project area is subject to bush fires and flooding, and contains animals that may be dangerous, among other hazards. Every Visitor must exercise a high level of caution at all times whenever in the Project area,

b. the Project area is isolated and not routinely patrolled by staff of DPI Water, police or emergency services. If a Visitor experiences injury or other difficulty in the Project area (eg. a vehicle breakdown), that Visitor (and any Organisation of which he or she is a Representative) will need to organise the assistance that may be required. Assistance may not be available in a timely manner in the event of an emergency or other misadventure, and

c. roads and other facilities and land in the Project area may have inadequate, or no, signage, and hazards and risks may not be obvious. Roads in the Project area are not public roads and are not generally signposted. Each Visitor must exercise extreme caution when driving and when moving around in the Project area by other means (eg. on foot or on motorcycle), the Visitor (and Organisation of which the Visitor is a Representative) are responsible for maintaining appropriate insurance associated with their access to the Project area.

Specific duties for Visitors 11. The Visitor must:

d. comply with any directions or requests by staff of WAMC while in the Project area, including directions (in WAMC’s discretion) to leave the Project area at any time,

e. notify WAMC by telephone when the Visitor enters and exits the Project area. (Where there is a group of Visitors entering or exiting the Project area together, it is sufficient that one of the Visitors, or their Organisation, provide this information in one telephone call),

f. The Visitor must have adequate supplies of food, water, fuel, safety, first aid and communication equipment. The Visitor is advised that mobile telephone networks are not reliably accessible in many parts of the Project area. WAMC recommends that a Visitor (or group of Visitors) bring a suitable satellite telephone into the Project area due to the unreliability of mobile telephone networks.

g. The Visitor must have arrangements made with a responsible person as to their whereabouts and necessary search and rescue arrangements. If the Visitor is a Representative of an Organisation, it is sufficient that the responsible person be an officer of that Organisation. WAMC expressly advises that it does not have search and rescue or



emergency services in place for the Project area.

h. notify WAMC by telephone as soon as reasonably practicable if the Visitor becomes aware of any damage to the Project area (including bushfires or floods, or damage caused by the Visitor or by third parties),

i. remove all rubbish and waste material upon end of access period.

12. The following actions are prohibited, unless they are expressly authorised in writing by WAMC: j. causing damage to, or interfering with or removing:

i. Aboriginal Heritage sites which includes artefacts ii. Native flora and fauna, soil, minerals or rocks, iii. Infrastructure including fences, gates and channels iv. Property and buildings including silos, sheds and houses v. Domestic livestock, or vi. Feral animals

k. Swimming in dams, channels, wetlands or other water infrastructure l. Bringing dogs and other domestic animals onto the property m. Bringing weapons onto the property including but not limited to spears guns, bow and

arrow, spears, firearms or explosives n. cutting of trees or plants, o. wood and timber collection, p. lighting fires (even if the fire is an enclosed space or device or there is no official fire ban in

place). q. Entering or occupying buildings (including silos, sheds and houses) unless specifically

permitted by WAMC in the Special Conditions or otherwise in writing.

Indemnity

13. Each Visitor agrees to indemnify (and keep indemnified) WAMC, the NSW Department of Industry and the Government of New South Wales, and their respective officers, employees, agents and contractors (“Indemnified Entities”) in relation to any loss or damage suffered by the Indemnified Entities because of the negligence, wrongful act, illegal act or breach of these Conditions of Access (including any Special Conditions) by the Visitor.

Governing law

14. These Conditions of Access and the Special Conditions (if any) are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

These Conditions of Access apply from 10 December 2015. WAMC may vary or replace these Conditions of Access from time to time at its discretion. SPECIAL CONDITIONS

1. Diesel powered vehicles only permitted due to the fire risk posed by petrol vehicles.

More information For more details regarding public access to the Project area or information regarding Project activities please contact 1800 353 104.

www.water.nsw.gov.au



Attachment B

Nimmie-Caira Access Application Form The Nimmie-Caira Project area (“Project area”) is owned and controlled by the Water Administration Ministerial Corporation (“WAMC”), a New South Wales statutory body (ABN 47 661 556 763) The DPI Water, a division of the Department of Industry, Skills and Regional Development (“the Department”), also has responsibility for the Project area.

The Project area, because of its cultural, environmental and historical significance, is an important asset to the community. Access to the Project area is available only on application to WAMC, which may grant access in its discretion. WAMC reserves the right to vary or replace the Nimmie-Caira Access Policy (“Access Policy”) and to impose Special Conditions in addition to the Conditions of Access (if access is granted).

This Application Form is to be used to apply for access to any part of the Project area. Applicants must read the Nimmie-Caira Access Policy and Conditions of Access before completing this application form.

If an Organisation is completing the Application Form, then it is not necessary for individual Visitors to complete or sign the Application Form. However, if no Organisation is completing the Application (eg. a group of private individuals is requesting access), then all of the individual Visitors must provide their names and signatures below.

Terms that are used in the Access Policy have the same meaning in this Application Form.

Applicant Details 1. Name of Organisation (if any) that is requesting access (including full legal name and ABN, if

applicable) (if there is no organisation is requesting access, please state “Not applicable”). Click here to enter text.

2. Contact person Click here to enter text.

3. Address Click here to enter text

4. Phone No. Click here to enter text.

5. E-mail Click here to enter text.

Purpose of Access 6. Please cross which is applicable

☐ Government activity ☐ Academic/Research/Monitoring activity ☐ Other (Please Describe)

7. Is the access for the specific purpose of benefiting or contributing to the Nimmie-Caira Project ☐ No



☐ Yes, please provide details

Area of Access 8. Proposed date/s

Click here to enter text.

9. Contingency date/s Click here to enter text.

10. Please provide a copy of your itinerary whilst in the Project area (you can attach it as a separate document). This should include details about which parts of the Project area will be visited, on what dates, and which activities will be carried out. Click here to enter text.

11. Have you been contracted by DPI Water or other government agency to undertake the activity which requires access? ☐ Yes ☐ No

Proposal Details 12. How many Visitors require access under this application?


13. Please provide full name, role and contact details for each individual Visitor. Please identify at least one person as a contact in the event of an emergency (One person may be nominated as an emergency contact for all Visitors). (You may list more than one emergency contact, eg. a family member for each individual who will visit the Nimmie-Caira land):

Full name Role Mobile phone Email address Emergency contact


























(Please add more rows or a separate sheet if space is not sufficient).



14. Please provide registration details of all vehicles to be bought onto the property. Click here to enter text.

15. Risk appraisal: Are you proposing to engage in any activities in the Project area which may pose a significant risk to persons, land, buildings, fauna, vegetation or water? Please provide details, and information as to how you will eliminate or manage those risks? (Please attach a separate sheet if required.) Click here to enter text.

16. Please also attach: ☐ Insurance Certificate of Currency (If applicable)

Privacy

All personal information provided in this form is regulated by the NSW Privacy and Personal Information Protection Act 1998. The personal information provided in this form will be only used for:

(1) the purpose of determining whether access to the Project area should be granted,

(2) supervising access, if access is granted,

(3) promoting the safety of Visitors or members of the public, or

(4) giving effect to WAMC’s or the Department’s rights under the Conditions of Access or under law.

WAMC and the Department will not disclose personal information to third parties, unless you consent, or such disclosure is required or permitted under law.

In addition, WAMC and the Department may disclose personal information to law enforcement or emergency services if necessary to protect the safety of Visitors or the public, to prevent damage to the Project area, or to prevent unauthorised access to or occupancy of the Project area.

Without limiting the foregoing, surveillance cameras are used at various locations in order to detect unauthorised access to the Project area. Images collected by surveillance cameras may be provided to NSW Police for investigation and/or enforcement action if WAMC suspects unauthorised entry.

ACCEPTANCE OF CONDITIONS OF ACCESS BY AN ORGANISATION (if applicable): Note: An Organisation may sign this Application Form only if it is a legal entity and can legally be bound the Conditions of Access. Otherwise, each individual who intends to enter the Project area must sign the Application Form below. WAMC retains the right to require individual Visitors to complete the Application Form even if they represent an Organisation. For and on behalf of the Organisation named in section 1 (“Organisation”), I,

Click here to enter text. in my capacity as the duly authorised agent of the Organisation acknowledge and agree that by signing this Application Form: a. I shall render the Organisation to be legally bound by the Conditions of Access and Special Conditions (if any), if this Application Form is approved in writing by WAMC.

b. the Organisation accepts responsibility, as prescribed by the Conditions of Access, for the conduct of any Visitor who gains access to the Project area under this Application Form.

Name of Authorised Person Signature of Authorised Person Date

Click here to enter text. Click here to enter text. Click here to enter text.



ALTERNATIVE SIGNING PROCESS – BY EACH INDIVIDUAL VISITOR (where this Application Form is not completed by an Organisation): (Note: If no Organisation signs the Application Form, then every individual Visitor who intends to enter the Project area must sign below)

c. Each of individual persons signing below acknowledges and agrees that:

(i) by signing this Application Form, I agree that I am a “Visitor” under the Conditions of Access. I agree to be legally bound by the Conditions of Access if this Application Form is approved in writing by WAMC.

Signatures of each Visitor:

Name of Visitor Signature of Visitor Date






Applications for access should be submitted to: Water Administration Ministerial Corporation DPI Water -Nimmie-Caira Project Senior Project Officer PO Box 156, Leeton NSW 2705 [email protected] phone: 02 6951 2624

For more details regarding public access to the Project area or information regarding Project activities please contact 1800 353 104.

mailto:[email protected]



WAMC use only:

Checklist

Response

A. Are any details missing from the Application Form?


B. Has either an authorised representative of the Organisation (if applicable) OR all individual Visitors signed and dated the Application Form?


C. Are any Special Condition to be imposed? If so, attach them to the Conditions of Access and provide them to the Applicant.)


D. Is the Application Form accepted or rejected?


Signature:


Date:


© State of New South Wales through the Department of Industry, Skills and Regional Development, 2016. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (March 2016). However, because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser.

Published by the Department of Primary Industries.

Documents

Nimmie-Caira Project - Access Policy · Nimmie-Caira Project - Access Policy . 4 . DPI Water, March 2016 . 6. Where a Visitor enters the Project area pursuant to an Application Form