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PML Board Approved, 28 January 2016 Adopted by PML on 1 April 2016 PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business Days Phone 24 Hours: (08) 9456 9215 Mail Point 1, 280 Bannister Road Canning Vale WA 6155 Email: [email protected] Webpage: www.perthmarket.com.au

PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

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Page 1: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

PML Board Approved, 28 January 2016 Adopted by PML on 1 April 2016

PERTH MARKETS LIMITED (PML)

SITE RULES

JANUARY 2016

Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business Days Phone 24 Hours: (08) 9456 9215 Mail Point 1, 280 Bannister Road Canning Vale WA 6155 Email: [email protected] Webpage: www.perthmarket.com.au

Page 2: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

PML Board Approved, 28 January 2016 Adopted by PML on April 1st 2016

Table of Contents:

1 EXECUTIVE SUMMARY ..................................................................................................................................... 6

2 REFERENCE DOCUMENTS ................................................................................................................................. 6

3 MARKET RULES ....................................................................................................................................................... 7

3.1 GENERAL ............................................................................................................................................................... 7 3.1.1 The Enforcement of Market Rules ......................................................................................................... 7 3.1.2 Written Approval ........................................................................................................................................ 7 3.1.3 Withdrawal of Approval ............................................................................................................................. 7 3.1.4 Notices to PML...................................................................................................................................... 7 3.1.5 Authorised Officer may require name and address ............................................................................... 7

3.2 VARIATION OF MARKET RULES .................................................................................................................................. 7 3.3 PRIVACY ................................................................................................................................................................ 8 3.4 REVIEW OF INFRINGEMENTS ...................................................................................................................................... 8 3.5 INDEMNITY ............................................................................................................................................................. 9 3.6 ORDER OF PRECEDENCE ........................................................................................................................................... 9

4 SAFETY ............................................................................................................................................................. 9

4.1 GENERAL ............................................................................................................................................................... 9

4.1.1 Promotion of Safe Working Environment .................................................................................................. 9 4.1.2 High visibility clothing ........................................................................................................................... 9 4.1.3 Noise ..................................................................................................................................................... 9 4.1.4 Smoking .............................................................................................................................................. 10 4.1.5 Obstructions ....................................................................................................................................... 10 4.1.6 Other................................................................................................................................................... 11 4.1.7 Electricity ............................................................................................................................................ 11

4.2 VEHICLES ............................................................................................................................................................. 11 4.2.1 General ............................................................................................................................................... 11 4.2.2 Forklifts ............................................................................................................................................... 14

4.3 PEDESTRIAN MOVEMENT ........................................................................................................................................ 18 4.4 ACCIDENTS AND INCIDENTS (INCLUDING HAZARDS AND NEAR MISSES) ............................................................................ 18

4.4.1 Report accidents and incidents ........................................................................................................... 18 4.4.2 Report hazards .......................................................................................................................................... 18

4.5 EMERGENCY RESPONSE AND EVACUATION ................................................................................................................. 19 4.5.1 Emergency and evacuation ...................................................................................................................... 19 4.5.2 Instructions and directions .................................................................................................................. 19 4.5.3 Requirement to leave Tenancy Area ................................................................................................... 19

4.5.4 Fire and emergency drills .................................................................................................................... 19 4.5.5 Fire Detection and Prevention Equipment........................................................................................... 19

5 MARKET CITY SITE USER BEHAVIOUR ............................................................................................................. 20

5.1 CONDUCT ............................................................................................................................................................ 20

5.1.1 Instructions and directions of Authorised Officers .................................................................................. 20 5.1.2 Inappropriate Behaviour ..................................................................................................................... 20 5.1.3 Lawful business and unlawful acts ...................................................................................................... 21

5.1.4 Unlawful removal of Produce prohibited ............................................................................................ 21 5.1.5 Depositing litter prohibited ...................................................................................................................... 21 5.1.6 Assemblies without permission prohibited .............................................................................................. 21 5.1.7 Disorderly behaviour ........................................................................................................................... 21

5.1.8 Obscene material prohibited .................................................................................................................... 21 5.1.9 Restriction on signs ................................................................................................................................... 22 5.1.10 Restriction on use of alcohol ............................................................................................................... 22 5.1.11 Restriction on animals ......................................................................................................................... 22

5.1.12 No interference with Authority property ............................................................................................. 22 5.1.13 Restrictions on fire hose use ............................................................................................................... 22 5.1.14 Expectorating, urinating, defecating prohibited ..................................................................................... 22

Page 3: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

PML Board Approved, 28 January 2016 Adopted by PML on April 1st 2016

5.2 TOUTING, UNAUTHORISED SELLING ............................................................................................................................. 22 5.2.1 Sales, purchases and solicitation of business ..................................................................................... 22

5.3 REQUIREMENT TO PROVIDE DETAILS ON REQUEST .......................................................................................................... 23

6 MARKET CITY SITE ACCESS ............................................................................................................................. 23

6.1 ACCESS CARDS ......................................................................................................................................................... 23 6.1.1 Market City Site Access ...................................................................................................................... 23 6.1.2 Form of Access Cards ......................................................................................................................... 23 6.1.3 Issuing of Access Cards....................................................................................................................... 23 6.1.4 Site Access and Induction ................................................................................................................... 23 6.1.5 Access Card user types ....................................................................................................................... 24 6.1.6 CTA Orange Access Card .......................................................................................................................... 24 6.1.7 Withdrawal of Access Card ...................................................................................................................... 25 6.1.8 Deactivation of unused Access Card .................................................................................................. 25 6.1.9 Other Deactivations ........................................................................................................................... 25 6.1.10 Validity and renewal of Access Card .................................................................................................. 25 6.1.11 Updating Access Card details ............................................................................................................. 25

6.1.12 Tenant requirements ................................................................................................................................ 25 6.1.13 Fees and Charges ............................................................................................................................... 25 6.1.14 Record Keeping .................................................................................................................................. 26

6.2 CONDITIONS OF ENTRY.............................................................................................................................................. 26

6.2.1 Entry to the Market City Site .............................................................................................................. 26 6.2.2 General Conditions of Entry ................................................................................................................ 26

6.3 GENERAL PUBLIC ...................................................................................................................................................... 26 6.4 CHILDREN ............................................................................................................................................................... 27

7 TENANT SPECIFIC REQUIREMENTS ....................................................................................................................... 27

7.1 RESPONSIBILITY FOR EMPLOYEES AND PEOPLE UNDER SUPERVISION ................................................................................... 27 7.2 KEY MANAGEMENT .................................................................................................................................................. 27

7.2.1 General .............................................................................................................................................. 27 7.2.2 After-hours issuing of tenancy keys .................................................................................................... 27 7.2.3 After-hours issuing of keys to Contractors and other Market City Site users ......................................... 28

7.3 CLEANLINESS ........................................................................................................................................................... 28 7.3.1 Tenancy Areas .................................................................................................................................... 28 7.3.2 Handling of waste .............................................................................................................................. 28

7.4 COMPLIANCE WITH LEGISLATION ................................................................................................................................. 29 7.5 TENANCY FIT OUT ..................................................................................................................................................... 29

7.5.1 General .............................................................................................................................................. 29 7.5.2 Alterations or Interference ................................................................................................................. 29 7.5.3 Insulated Sandwich Panel ......................................................................................................................... 30

7.5.4 Existing PML fit out ............................................................................................................................ 30 7.5.5 Existing Tenant fit out ........................................................................................................................ 30

7.6 OTHER ........................................................................................................................................................... 31 7.6.1 Conduct of Business by Tenants ............................................................................................................... 31 7.6.2 Storage and display of Goods ............................................................................................................ 31 7.6.3 PML’s right to enter tenancies ........................................................................................................... 31 7.6.4 General Tenant obligations ................................................................................................................ 32

7.6.5 Tenant Maintenance obligations ............................................................................................................. 32 7.6.6 Tenant storage and trading obligations ............................................................................................. 33 7.6.7 General Tenant prohibitions ..................................................................................................................... 34 7.6.8 Notification of damage............................................................................................................................. 34 7.6.9 Use of Awning Area ........................................................................................................................... 34 7.6.10 Tenant condenser pads ...................................................................................................................... 34

8 MARKET HOURS ............................................................................................................................................. 35

8.1 MARKET TIMES AND DAYS .......................................................................................................................................... 35 8.1.1 Times for delivery and collection ........................................................................................................ 35

Page 4: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

PML Board Approved, 28 January 2016 Adopted by PML on April 1st 2016

8.1.2 Market Times ..................................................................................................................................... 35 8.2 METHOD OF COMMUNICATION/NOTICE OF CHANGES ..................................................................................................... 35

9 CTA RULES ............................................................................................................................................................ 35

9.1 SPECIFIED PERSONNEL (ORANGE CARD) ........................................................................................................................ 35 9.2 MINIMUM SALES AND PACKAGING .............................................................................................................................. 36 9.3 VEHICLES AND STORAGE ............................................................................................................................................ 36

9.3.1 Parking, loading, unloading in the CTA .................................................................................................... 36 9.3.2 Storage in the CTA .................................................................................................................................... 37 9.3.3 Pedestrians ........................................................................................................................................ 37

10 WAREHOUSE RULES ......................................................................................................................................... 37

10.1 VEHICLES AND STORAGE ............................................................................................................................................ 37 10.1.1 Warehouse (including SE1 & SE2) loading and unloading ...................................................................... 37

10.1.2 Warehouse parking ............................................................................................................................ 37 10.1.3 Parking in and around SE1 & SE2 ....................................................................................................... 37

11 COMMON AREA RULES .............................................................................................................................. 37

11.1 GENERAL ................................................................................................................................................................ 37

11.2 OTHER ........................................................................................................................................................... 38 11.2.1 Obstructions ....................................................................................................................................... 38 11.2.2 Shipping containers................................................................................................................................... 38 11.2.3 Stacking ............................................................................................................................................. 38

12 BUYER RULES ................................................................................................................................................... 38

12.1 ENTRY AND ACCESS BY AUTHORISED BUYERS ................................................................................................................. 38 12.2 BUYER BAY PARKING ................................................................................................................................................. 38

13 GROWER RULES ............................................................................................................................................... 39

13.1 ENTRY AND ACCESS BY GROWERS ................................................................................................................................ 39

14 TRANSPORTER RULES ...................................................................................................................................... 39

14.1 ENTRY AND ACCESS BY TRANSPORTERS ........................................................................................................................ 39 14.2 ACCESS TO INSPECT VEHICLES ..................................................................................................................................... 39 14.3 PARKING, LOADING AND UNLOADING ........................................................................................................................... 39

15 TRANSHIPPING .......................................................................................................................................... 40

16 CONTRACTORS .......................................................................................................................................... 40

16.1 GENERAL ................................................................................................................................................................ 40 16.1.1 Parking ............................................................................................................................................... 40

16.2 SAFETY ................................................................................................................................................................... 40

16.2.1 Emergencies ....................................................................................................................................... 40 16.2.2 First Aid Equipment ............................................................................................................................ 40 16.2.3 Loads ................................................................................................................................................. 40 16.2.4 Dangerous Goods ............................................................................................................................... 41

16.2.5 Connection of PML services to worksites ........................................................................................... 41 16.2.6 Services isolation ................................................................................................................................ 41 16.2.7 Fire Panel ........................................................................................................................................... 41 16.2.8 Demarcation of work areas ................................................................................................................ 41 16.2.9 Disturbance ........................................................................................................................................ 41 16.2.10 Personal Protective Equipment (PPE) ................................................................................................. 42 16.2.11 Walkways .......................................................................................................................................... 42

16.2.12 Children ..................................................................................................................................................... 42 16.3 ACCESS AND PERMITS ............................................................................................................................................... 42

16.3.1 Access ................................................................................................................................................ 42 16.3.2 Key Management .............................................................................................................................. 42

Page 5: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

PML Board Approved, 28 January 2016 Adopted by PML on April 1st 2016

16.3.3 Working hours ................................................................................................................................... 42 16.3.4 Work Permits............................................................................................................................................. 43 16.3.5 Services location ................................................................................................................................ 43

17 SITE PARKING ............................................................................................................................................ 43

17.1 ENTRY OF VEHICLES .................................................................................................................................................. 43 17.2 PRIVATE VEHICLES .................................................................................................................................................... 43 17.3 COMMERCIAL VEHICLES ............................................................................................................................................ 43 17.4 AUTHORISED BUYER PARKING ..................................................................................................................................... 44 17.5 CONTROL OF PARKING .............................................................................................................................................. 44 17.6 PERMITS ................................................................................................................................................................. 44 17.7 ARTICULATED VEHICLES ............................................................................................................................................. 45 17.8 REMOVAL OF NOTICES PROHIBITED .............................................................................................................................. 45

18 MAINTENANCE RULES ..................................................................................................................................... 45

19 WASTE MANAGEMENT .............................................................................................................................. 46

19.1 USE OF WASTE TRANSFER FACILITY ............................................................................................................................. 46 19.1.1 General .............................................................................................................................................. 46 19.1.2 PML issued WTF Bins ......................................................................................................................... 46

19.2 LITTERING, DUMPING ................................................................................................................................................ 46 19.3 TENANT BINS ........................................................................................................................................................... 46

20 ENVIRONMENT .......................................................................................................................................... 47

20.1 GENERAL ................................................................................................................................................................ 47 20.2 DANGEROUS GOODS ................................................................................................................................................ 48 20.3 SPILLAGE ................................................................................................................................................................. 48 20.4 WASH DOWN .......................................................................................................................................................... 48

21 SATURDAY CLEARANCE MARKET ............................................................................................................... 48

21.1 GENERAL ................................................................................................................................................................ 48 21.2 MINIMUM QUANTITIES ............................................................................................................................................. 49

22 SUNDAY MARKET ...................................................................................................................................... 49

22.1 STALLHOLDER CONDITIONS OF ENTRY ........................................................................................................................... 49 22.2 GENERAL SUNDAY MARKET CONDITIONS OF ENTRY ......................................................................................................... 50 22.3 BAY BOOKING RULES ................................................................................................................................................. 50

23 FEES AND CHARGES ................................................................................................................................... 51

23.1 SETTING FEES AND CHARGES ....................................................................................................................................... 51 23.2 COMMUNICATING FEES AND CHARGES ......................................................................................................................... 51

24 ENFORCEMENT .......................................................................................................................................... 51

24.1 REMEDIAL AND ENFORCEMENT ACTIONS ...................................................................................................................... 51 24.1.1 Breaches of the Perth Market Act and Perth Market By-laws ............................................................ 51 24.1.2 Breaches of these Market Rules ......................................................................................................... 52

24.1.3 Liability .............................................................................................................................................. 52 24.1.4 Exclusion ............................................................................................................................................ 52

24.2 MARKET RULE INFRINGEMENT NOTICES ...................................................................................................................... 53 24.2.1 Perth Market By-laws Infringement Notices ...................................................................................... 53

25 DEFINITIONS .............................................................................................................................................. 53

26 MAPS ......................................................................................................................................................... 59

Page 6: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

Page 6 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

1 Executive Summary

The Perth Market Limited (PML), is a commercial non listed private entity that on April 1 st 2016 assumed ownership and management of Market City. The asset, previously owned and operated by the Western Australian Government was developed in 1989, is situated on 51 hectares of land at Canning Vale, 16km south of the CBD of Perth, the capital city of Western Australia. Market City plays a critical role in the marketing and distribution of fresh produce in the State. As at 2014, over $638M (AUD) worth of fresh produce is traded annually through the Central Trading Area (CTA) of the markets. In addition, significant sales are carried out by tenants to the major supermarkets and through interstate and international trade.

The CTA is currently fully leased with few vacancies in the commercial area and warehouses. As at 2015, the site occupancy rate is over 99% on a total net lettable building area of 83,882m2. There remains 12 hectares of the site that is undeveloped at this stage. Market City provides infrastructure and services predominantly a key link in the fresh fruit and vegetable value chain.

Accordingly, access to the Industrial Part of the Market City Site requires specific controls and Market Rules and is restricted to those Persons who have a specific business activity or an authorised purpose for being on the site. The General Public enjoys largely unrestricted access to the Business Services and Commercial Centre part of the site, with some controlled access allowed to the Industrial Part of the site on weekend to attend the Saturday and Sunday public markets.

The range of business operations conducted at Market City includes the wholesale trading and distribution of fresh produce and ancillary products. Distribution of these products to and from the Markets City site is by way of cars, vans, light trucks and heavy Articulated Vehicles. Produce is mostly distributed by forklifts within the Market City Site. Accordingly, this level of industrial activity requires that all Persons utilising Market City to exercise caution, be accountable for their own safety and to not adversely affect the safety of others.

The PML is the owner and manager of the Market City complex. The business functions undertaken by PML include the:

1) management and maintenance of buildings, site facilities, services and infrastructure;

2) management of Tenancy Agreements and Tenancy Areas of buildings and Land within the Market City Site;

3) the management and regulation of site safety, security, cleanl iness, Waste and pest management, traffic and parking;

4) the operation of weekend markets; 5) the ongoing development, redevelopment and improvement of the site; and 6) the conduct of industry support initiatives and activities.

These Market Rules are intended to provide, without limitation, rules for site access, the conduct of business activities, and management of site operations to minimise the risk of loss, damage, death or injury being sustained to Persons or property. These Market Rules aid the safe, efficient and effective operation of the Market City Site whilst providing a framework for an equitable and consistent approach to regulating Market City Site users and their daily operations.

These Market Rules apply to all Persons entering the Market City Site who, by virtue of entry, agree to be legally bound by and to comply with the same.

2 Reference Documents

In developing the Market Rules, the PML has referenced existing documentation including:

1) the Perth Market Act 1926; 2) the Perth Market By-laws 1990; 3) existing Perth Market Limited policies and procedures; and 4) other open source documents, including other Australian Central Produce Market’s rules

and/or regulations.

Page 7: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

Page 7 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

3 Market Rules

3.1 General

The PML has the power to make, amend, change and/or revoke Market Rules with respect to all the activities which take place upon the Market City Site. The Market Rules currently in force will remain in force unless and until they are repealed, varied or amended by PML.

3.1.1 The Enforcement of Market Rules

PML shall appoint an Authorised Officer to enforce these Market Rules.

Subject to those directions and instructions issued by the Board from time to time, each Authorised Officer will have the power to issue to a Person(s) who are in the opinion of the Authorised Officer, in breach of one or more of the Market Rules a Marker Rules Infringement Notice in respect of that breach or those breaches.

That Market Rules Infringement Notice shall state:

1) the Market Rule(s) which were in the opinion of that Authorised Officer breached;

2) the date and time, or in the case of more than one breach, the dates and times, in which that breach or those breaches occurred;

3) the Person(s) who were in breach of the Market Rule(s); 4) the Sanction(s) imposed in respect of that breach; and 5) the Person(s) who are to meet those Sanctions.

3.1.2 Written Approval

Any permit, consent or Approval of PML under these Market Rules must be in writing and signed by an Authorised Officer to be valid.

3.1.3 Withdrawal of Approval

Despite anything to the contrary, if PML grants (or is alleged to have granted) any verbal, written, or other permission or authority to any Person under these Market Rules, PML may at any time at its discretion without notice and without any reason withdraw the relevant permission or authority, unless it is an express term of the Person’s Tenancy Agreement.

3.1.4 Notices to PML

Any notice or other communication by a Person to PML under these Market Rules must be in writing, legible and be delivered, posted, faxed or emailed to the Operations Manager of PML at the address set out on the front of these Market Rules. However, any such notice is not valid unless actually received by PML.

3.1.5 Authorised Officer may require name and address

An Authorised Officer may require of a person reasonably believed by the Authorised Officer to have committed an offence against these Market Rules, the name, address and contact details of that person. A person who refuses or fails to comply with a requirement of an Authorised Officer pursuant to this rule commits an offence.

An Authorised Officer may require the person who an Authorised Officer reasonably believes to have committed a breach of these Market Rules, to provide their name, address and contact details to facilitate the issuance of a Market Rules Infringement in accordance with the Market Rules.

3.2 Variation of Market Rules

PML may delete, vary, amend any covenant or obligation of any Person under the Market Rules or insert in the Market Rules any additional covenant or obligation on any Person including but not limited to varying or adding to these Market Rules whenever PML considers it necessary or desirable to do so.

Page 8: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

Page 8 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

3.3 Privacy

Each Person (by entering the Market City Site) consents to PML collecting (whether from the Person directly or from any other Person) personal information and sensitive information about the Person (Information) to enable PML to:

1) provide its Goods and/or services to the Person; 2) coordinate, manage and maintain good order and security in and around the Market City Site; 3) provide access and parking controls; 4) investigate and report to relevant authorities and Agencies, as appropriate, information and

details regarding accidents, incidents and any suspicious or alleged unlawful behaviour which has occurred within the Market City Site;

5) using and disclosing to any Person Information as PML considers necessary in order to manage the Market City Site and undertake its business operations efficiently; and

6) using the information to market the services and products of PML to the Person. 7) using the information to issue communications to the person regarding Market City Site

operations.

If the Person is an individual, the Person may seek access to the information by contacting PML’s F i n a n c e Manager either by telephone or alternatively by email as set out on the front page of these Market Rules. If the Person is to be granted access to any of the information, an appointment will be made for the Person to attend personally at the Market City Site for that purpose and the Person must pay PML’s reasonable costs in providing access.

While PML reserves the right to disclose any Information to any Person as set out in this paragraph. The types of Parties to whom PML would usually disclose the Information could include PML’s officers and staff, legal and accounting advisers, PML’s Insurance Provider, enforcement authorities, other government agencies and/or authorities, Tenants, other Parties present in the Market City Site from time to time in the course of fulfilling any of the Purposes, and any other Person with whom PML may deal with from time to time in the course of fulfilling the Purposes.

Each Person acknowledges that PML employs closed circuit television (CCTV) technology and/or other video surveillance technology within and around the Market City Site for security purposes and each Person consents (by entering the Market City Site) to PML’s collection of recorded images, including photographs, together with the use and disclosure of all such footage and recorded images for any or all of the Purposes.

3.4 Review of infringements

A Person who receives a Market Rule Infringement Notice may request the Market Rule Infringement Notice be reviewed.

A request for the review of a Market Rules Infringement Notice must be submitted in writing to the PML.

The lodgement of a request for the review of a Market Rules Infringement Notice does not pause or cease any required actions by the infringed Person or set timelines within the fines enforcement process.

A request for the review of a Market Rules Infringement Notice must include, at a minimum, the following information:

1) the name, mailing address and phone number of the infringed Person; 2) the date, time and location of the infringement; 3) the infringement number; 4) evidence that the alleged infringement was not committed; or 5) provide a case for PML’s consideration to mitigate or remove the Infringement Notice; or 6) provide a case for PML’s consideration to remove or lessen any period of Exclusion; or 7) provide information on any other relevant issue to be taken into consideration.

Page 9: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

Page 9 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

The PML will provide, where possible, its determination in writing within 14 (fourteen) days of receipt of a complete request for a review of an Infringement Notice.

3.5 Indemnity

1) Each Person who enters the Market City Site must indemnify PML against, and must pay PML on demand the amount of, all Claims, losses, liabilities, costs or expenses incurred in connection with or as a consequence of:

a) any damage, loss, injury or death, caused or contributed to by that Person or that Person’s Agent;

b) breach of these Market Rules by that Person; c) the use or occupation of the Market City Site by that Person,

unless caused by the PML’s negligence or default. 2) For the avoidance of doubt, nothing in this rule 3.5 limits or varies any indemnities given by a

Tenant under the terms of a relevant Tenancy Agreement.

3.6 Order of Precedence

Should any inconsistency or conflict arise between these Market Rules and any other relevant laws, regulations, by-laws, leases, licences, policies, guidelines or instructions, the following order of precedence shall apply:

1) Commonwealth and Western Australian laws, regulations and by-laws; 2) Market City Leases and Licence Agreements; 3) these Market Rules; and 4) any other PML Policies, guidelines or instructions to site users.

4 Safety

4.1 General

4.1.1 Promotion of Safe Working Environment

Each Person must take reasonable care for their own safety, follow safety directions and signage and must not adversely affect the safety of others on the site.

Each Person acknowledges and agrees that remedial actions are available to PML in order to minimise the risk of loss, damage, death or injury being sustained by Persons or property and to promote the safe, effective and efficient operation of the Market City Site.

Each Person must comply at all times with relevant workplace health and safety laws and fire safety laws and behave in a manner that preserves the safety of all on the site.

4.1.2 High visibility clothing

For the purpose of this rule 4.1.2, any reference to Person excludes the General Public during the operations of the Saturday Clearance Market and Sunday Market.

Each Person must wear high visibility clothing that conforms with Australian/New Zealand Standard 4602-1999 “High Visibility Safety Garments” (for day and night time use) published by Standards Australia and Standards New Zealand in the Market City Site:

1) within the Industrial Part of the Market City Site; and

2) during a period when a Vehicle is, in accordance with traffic signs erected by PML, permitted

to be driven, or a Forklift is permitted to be operated.

4.1.3 Noise

A Person must not:

Page 10: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

Page 10 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

1) do anything (including drive a Vehicle or operate a radio, loudspeaker or any other

electronic amplifying equipment) within the Market City Site in a way that, in the absolute

discretion of an Authorised Officer, causes undue noise and must do all such things as the

Authorised Officer may require to minimise or cease such noise;

2) play any musical instrument within the Market City Site except with the prior written

consent of the PML except background recorded music the volume of which is kept at a

level which does not cause a nuisance or annoyance to users of the Market; and

3) erect, place or permit to be erected or placed on any part of the Market City Site any radio

or television receiver, loud speaker, amplifier or other similar device without the prior

written consent of PML. If approved, then when using any such device, that Person must

ensure that the noise does not cause any inconvenience to other users of the Market City

Site.

4.1.4 Smoking

4.1.4.1 Control of Smoking

This rule applies to all smoking products and implements as defined and controlled under the Tobacco Products Control Act 2006.

Smoking restrictions apply at the Market City Site. Each Person must observe and comply with non- smoking signs. Designated smoking areas are available.

Smoking is not permitted:

1) in any area of the Market City Site in which smoking is prohibited pursuant to a notice or sign

erected in that area by PML;

2) in all enclosed buildings and within 5 metres of any entrance of any building or workplace

owned or leased by PML;

3) on paved or other road areas at the front entrance to the CTA;

4) in any Vehicle owned or leased by PML;

5) adjacent to air intakes or areas where natural ventilation may take smoke into any building;

6) in any areas where Waste or rubbish is collected;

7) in any storage areas; and

8) in any areas where flammable liquid is stored or handled.

4.1.4.2 Designated smoking areas

Smoking is permitted in the following designated smoking areas:

1) 6 locations outside of the CTA (2 each side of the CTA, centrally located and facing each

Buyer bay and 2 areas at the rear of the CTA facing warehouses SE1 and SE2);

2) at the rear of Warehouse SE2; and

3) others areas as advised and signposted.

4.1.5 Obstructions

For the purposes of this rule 4.1.5, this rule applies to Tenant or Licence or Stallholders during the operation of the Weekend Markets to the exception of any temporary fencing or of the such equipment erected for the creation by PML of the Area to operate the Weekend Markets.

A Person must not, without the prior written consent of PML, place or leave any Goods or other thing on a road, footway or in any part of the Common Area of the Market City Site so as to cause an obstruction therein.

A Tenant or Licensee must not, without the prior written consent of PML, leave, place or permit or cause to be placed any Goods or other thing in or on any road or footway adjacent to the premises occupied by that Tenant or Licensee.

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Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

A Tenant or Licensee must not place, use or cause or permit to be placed or used any Goods, plant, equipment or other property beyond the boundaries or limits of their Tenancy Area without the written permission of PML or an Authorised Officer.

A Tenant or Licensee must not bring (or cause or permit to be brought) any Goods, Vehicle, plant, equipment or other property into the Market City Site other than in accordance with these Market Rules or the terms of that Tenant’s or Licensee’s Tenancy Agreement.

A Person must not place any Goods, Vehicle, plant, equipment or other property in the Common Area or Roads or reserved Car Parking bays not rented by that Person or in any other way obstruct, or cause to be obstructed, the Common Area or Roads.

A Person must not in any way obstruct or cause to be obstructed, any access to fire exits, fire doors or fire-fighting equipment; and use fire-fighting equipment for a purpose other than the intended purpose.

A Person using the Market City Site must not:

1) obstruct or permit the obstruction of pavements, entrances, arcades, vestibules, corridors,

passages, halls, elevators, stairways, fire doors, or escape doors, in or about the Market City

Site or use any of them for any purpose other than that for which they were constructed or

provided;

2) cover or obstruct the floors, skylights, glazed panels, ventilators, or windows, which reflect or

admit light or air into passageways or any other part of the Market City Site or cover or

obstruct any light or other means of illumination in the Market City Site.

4.1.6 Other

A Person must not: 1) throw or drop anything down any elevator shaft, passage, or stairway;

2) deposit waste paper or rubbish anywhere except in proper receptacles;

3) place on any sill ledge or other like part of the Market City Site or the Common Areas any

article or substance; or

4) burn any rubbish or Waste within the Market City Site at any time except in a place approved

by PML in writing.

4.1.7 Electricity

A Person must comply with all Applicable Regulations and directions of any Authorised Officer in regard to electrical safety, including the following:

1) when using electricity in the Market City Site, a Person must at all times do so in accordance

with the directions of PML or an Authorised Officer;

2) a Person must not at any time install or connect any equipment or do any act that overloads

any of the systems through which electricity may be conveyed to or reticulated at the Market

City Site;

3) a Person may only install or connect equipment that has been tested and tagged in

accordance with Applicable Regulations to PML’s reticulated electricity services.

4.2 Vehicles

4.2.1 General

4.2.1.1 Operation of a Vehicle

A Person must not operate a Vehicle in a manner that would, if occurring on a public road, contravene any of the provisions of the Road Traffic Act 1974 (WA), any associated regulations or codes, or any similar legislative acts, regulations or rules governing the use or operations of a Motor Vehicle in Western Australia.

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Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

A Person must not operate or drive a Vehicle throughout the Market City Site without due care or attention or without reasonable consideration for other Persons using the Market City Site.

4.2.1.2 Vehicle Operator Licences

Each Person operating or driving a Vehicle on the Market City Site must hold a valid Vehicle licence and any other required licences or permits to operate that Vehicle such that, if occurring on a public road, it would meet all of the provisions of the Road Traffic Act 1974 (WA), any associated regulations or codes, or any similar legislative acts, regulations or rules governing the use or operations of a Motor Vehicle in Western Australia.

The owner, driver or Person in control of a Vehicle must provide to an Authorised Officer upon request the driver’s licence and all other licences, registrations or permits required by law to drive or operate the Vehicle (including site Access Card).

4.2.1.3 Vehicle Registration and Identification

All Vehicles operated or driven on the Market City Site must be registered and insured such that, if occurring on a public road, it would meet all of the provisions of the Road Traffic Act 1974 (WA), any associated regulations or codes, or any similar legislative acts, regulations or rules governing the use or operations of a Motor Vehicle in Western Australia.

If evidence of registration or ownership is requested by an Authorised Officer, such evidence must be provided within 24 hours of the request.

4.2.1.4 Provision of Information

The owner, driver or Person in control of a Vehicle must provide to an Authorised Officer upon request full information as to the nature and origin of the Goods being transported.

The owner, driver or Person in control of a Vehicle must provide to an Authorised Officer upon request full information as to name and address of the owner of the Vehicle.

An Authorised Officer may require a driver, operator or Person in charge of a Vehicle to cease driving or operating the Vehicle if the Person fails or refuses to:

1) state the Person’s name and address and the name and address of the owner of the

Vehicle; or

2) produce the Person’s driver’s license and all other licenses or permits required by law to

drive or operate the Vehicle.

4.2.1.5 Inspection and Search of Vehicles

An Authorised Officer may inspect any general produce or other Goods or merchandise being removed from the Market City Site in a Vehicle or otherwise and for that purpose may compel the driver of a Vehicle to permit that Authorised Officer to conduct a search of that Vehicle.

A Person must not:

1) obstruct or hinder an Authorised Officer exercising their power under this rule 4.2.1.5; or

2) contravene or fail to comply with any direction given by an Authorised Officer pursuant to this

rule 4.2.1.5.

4.2.1.6 Signs and Traffic Control

The driver of a Vehicle and any Pedestrian must:

1) observe and comply with all Signs constructed, made, marked, placed, erected, fixed or

painted in, into, or on any part of the Market City Site;

2) comply with any signal, order or direction given by an Authorised Officer for regulating or

directing traffic, performing Car Parking attendant duties or for any other purpose; and

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Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

3) obey any direction reasonably required for the safe and efficient regulation of traffic given to

that Person by an Authorised Officer and comply with any traffic control device, Sign or road

markings contained on the Market City Site.

4.2.1.7 Speed

A Person must not operate or drive a Vehicle on the site recklessly or at a speed or in a manner which is dangerous to other Persons using the Market City Site.

A Person operating or driving a Vehicle must not drive at a speed over the speed-limit as sign posted on the Market City Site. Unless otherwise signposted, the following speed limits apply:

1) 10 kilometres per hour for Forklifts at all times;

2) 10 kilometres per hour for all Vehicles in and around warehouses, Buyer’s bays and high

traffic areas; and

3) 30 kilometres per hour anywhere else in the Market City Site.

4.2.1.8 Seatbelts

A Person operating or driving a Vehicle, or travelling as a passenger in that Vehicle, must wear a seatbelt properly adjusted and fastened.

4.2.1.9 Mobile Phones

A Person operating or driving a Vehicle, including Forklifts, must not use a mobile phone for any purpose while that Vehicle is moving.

4.2.1.10 Entering and Leaving Roads

A Person driving a Vehicle and entering or leaving a Road from any place other than another Road (including Tenancy Areas) must give way to all other Vehicles and Pedestrians.

PML may from time to time appoint places to be used by Vehicles entering or departing from the Market City Site, as the case requires, and may cause signs to be erected or marks or inscriptions to be painted on the Roads in or to the Market City Site indicating the places so appointed.

A Person must not cause or permit a Vehicle to:

1) enter the Market City Site except at a place appointed for use by Vehicles entering the

Market City Site; or

2) depart from the Market City Site except at a place appointed for use by Vehicles departing

from the Market City Site.

4.2.1.11 Pedestrian Crossings

A Person driving a Vehicle in or about the Market City Site must give way to any Pedestrian who is on a Pedestrian Crossing or Designated Walkway.

4.2.1.12 No Driving on Designated Walkway

A Person must not drive a Vehicle upon or across a Designated Walkway unless the Vehicle is a Forklift or:

2) that Vehicle travels in a straight line and perpendicular to the Designated Walkway; and 3) that Vehicle travels for the sole purpose of entry to or exit from a Tenancy Area.

4.2.1.13 Parking, Standing, Loading, Unloading

A Person must, while parking, standing, loading, unloading and driving a Vehicle in the Market City Site, comply with and observe the provisions of all laws, rules and signage relating to the same.

4.2.1.14 Travel within Vehicles

A Person must not travel in or on any part of a Vehicle:

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Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

1) that is not designed primarily for the carriage of passengers or Goods; and

2) if designed primarily for the carriage of Goods, unless the compartment is enclosed and the Person occupies a seating position that is suitable for the size and weight of that Person and is fitted with a seatbelt.

4.2.1.15 Securing Loads

The owner, driver or Person in control of a Vehicle must:

1) use an appropriate method to restrain any load in or on that Vehicle and the load must be

secured so that it is unlikely to fall or be dislodged from that Vehicle; and

2) must not travel within the Market City Site with the rear tailgate unsecured.

4.2.1.16 Serviceability

The driver of the Vehicle must ensure the Vehicle is serviceable and in safe working order, such that, if occurring on a road, it would meet all of the provisions of the Road Traffic Act 1974 (WA), any associated regulations or codes, or any similar legislative acts, regulations or rules governing the use or operations of a Motor Vehicle in Western Australia.

A Person must not drive or operate a Vehicle at night or during periods of low visibility unless the headlights, tail lights, number plate light and any other warning lights fitted to that Vehicle are operating effectively and are clearly visible.

4.2.1.17 Servicing, Repair and Washing of Vehicles

A Person must not wash a Vehicle or carry out any repairs, servicing, mechanical or other work to a Vehicle except at such place and during such times as is designated by PML for that purpose.

A Person must not utilise the Common Area for the wash down or servicing of any Vehicle.

A Person must not drive or operate a Vehicle on the site or effect an emergency repair without taking adequate precautions to prevent waste, oil or grease from dropping upon the site.

4.2.1.18 Vehicle Refrigeration Motors

A Person must not operate or leave unattended a running refrigeration motor mounted on a Vehicle, Trailer or container at any time except in the Designated Parking Areas for such a purpose as determined by PML from time to time, or without the prior Approval of PML and then only at a specified place and during such times as determined by PML.

4.2.2 Forklifts

4.2.2.1 Control of forklifts

The owner of a Forklift operated at the Market City Site is responsible for ensuring that that Forklift meets all of the provisions of legislative acts, regulations or rules governing the use or operations of a Forklift.

A Person must not operate a Forklift or cause or permit a Forklift to be operated in the Market City Site unless:

1) that Forklift is issued identification plates by PML and approved for operation within the Market City Site;

2) the Person operating that Forklift is competent to do so and is the holder of a Forklift drivers’ High Risk Work Licence issued by the appropriate Authority;

3) the identification plate issued by PML is at all times affixed to and displayed on the roof of the roll cage of that Forklift in a conspicuous place;

4) that Forklift is mechanically sound and operated in a safe and proper manner; 5) is the holder of a current appropriate Class driver’s licence as issued under the Road Traffic

Act 1974 (WA); 6) that Person carries at all times a valid Market City Access Card, motor vehicle drivers licence

and High Risk Work Licence;

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Adopted by PML on April 1st 2016

7) that Person obeys all traffic signs and traffic rules established by PML in the Market City Site; and

9) has the lights of the Forklift illuminated at all times.

4.2.2.2 Forklift Operator Licences

PML may issue a licence to a person to drive and operate a Forklift within the Market City Site.

PML accepts and acknowledges that a High Risk Work Licence is the equivalent of a PML-issued licence.

All Forklift Operators on the Market City Site must hold a current High Risk Work Licence appropriate to the operation of a Forklift.

A High Risk Work Licence meets and is the equivalent to a separately issued PML Forklift licence. For the avoidance of doubt, Forklift Operators who hold a High Risk Work Licence are not required to apply for, carry and display a PML-issued Forklift driver’s licence.

4.2.2.3 Forklift Operations

A Forklift Operator must:

1) be over 18 years of age and hold a valid motor vehicle licence and either a High Risk Work

Licence or PML-issued Forklift licence to be able to operate Forklifts;

2) carry their High Risk Work Licence, motor vehicle driver’s licence and Access Cards at all

times and produce such licences and cards upon request;

3) obey the Forklift speed limit of 10 kilometres per hour at all times;

4) have their seatbelts fastened at all times when the Forklift is moving;

5) obey all give way, stop signs, traffic signage and road markings;

6) have driving lights illuminated when the Forklift is in operation;

7) safely and securely stack the load on the Forklift;

8) carry a maximum of 15 pallets (or 3 bins high) or the load must not protrude past the height

of the boom;

9) give way to Pedestrians at all times;

10) refuel the Forklift in accordance with set procedures and, for the avoidance of doubt, that

Forklift Operator must not fill any gas bottles unless attached to a Forklift;

11) must travel parallel with marked Car Parking bays;

12) not service or wash Forklifts in the Common Area;

13) obey the direction of an Authorised Officer;

14) travel on the left side of all Roads in the direction of travel and obey all signs;

15) travel with forks approximately 20 centimetres above the road surface whether the Forklift is

laden or not laden;

16) not pass other Vehicles travelling in the same direction at intersections, blind spots or other

dangerous locations;

17) drive responsibly and not engage in racing, spinning tyres or other unacceptable and unsafe

driving practices;

18) travel in a forward direction if no load is being carried, or if a load is being carried which does

not obstruct the driver’s view or if a load is being driven up Road gradients;

19) travel in a reverse direction if a load is being carried which obstructs the driver’s view or if a

load is being driven down Road gradients;

20) obey all Road Rules (including securing loads to Vehicles) on a designated Road;

21) maintain safe distances between moving Vehicles;

22) use indicators where these are fitted to the Forklift;

23) not drive on Designated Walkway except when entering or exiting a Tenancy Area and

travelling perpendicular to the walkway;

24) give way when entering Roads;

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Adopted by PML on April 1st 2016

25) not use a hand-held mobile phone, two-way radio or any form of communication device

whilst moving;

26) not drive under the influence of drugs or alcohol;

27) not reach through the mast or place parts of your body outside the Forklift while it is in

operation;

28) not carry passengers unless the Forklift is designed to carry more than one person and an

additional seat, footrest and seatbelt is provided;

29) not raise any Person on tines or pallets;

30) not allow any Person to stand, work or walk under raised tines; and

31) not drive over spilt liquids or powders as this reduces the traction of the tyres and spreads

the substance, causing problems for other traffic.

4.2.2.4 Non-Conforming Forklift Operators

PML may remove its consent for a Person to operate a Forklift on the Market City Site if that Person does not comply with these Market Rules or any law relating to the use and operation of a Forklift.

4.2.2.5 Forklift Identification

An application for Forklift identification plates must be made to PML in the approved form and include at a minimum:

1) evidence of a lease or ownership of the Forklift with any transfer of the lease or ownership to be notified to PML within 5 Business Days of the transfer;

2) a completed registration application form; 3) a certificate of insurance or other evidence satisfactory to PML establishing that the Forklift is

insured under a Forklift Insurance Policy; 4) a serviceability and inspection form containing such Information as required by PML; and

5) any other certificates, Approvals or licences required under any law for the operation or use of the Forklift,

(collectively referred to as Forklift Identification Plate Documents).

A Person applying for identification plates must pay the Forklift identification plate fees prescribed by PML within 14 days after issue of an invoice.

4.2.2.6 Attachment of Identification Plates

The owner of a Forklift must attach the PML identification plates to the Forklift within 7 days after receiving the plates and ensure that the plates are clean and clearly visible from either side of the Forklift.

4.2.2.7 Loss and Damage to Identification Plates

Should the owner of a Forklift lose or identify damage to existing identification plates, the owner must request replacement identification plates from PML in writing within 7 days of identifying the loss or damage.

A Person applying for replacement identification plates must pay any replacement fees prescribed by PML within 14 days after issue of an invoice.

4.2.2.8 Inspections

PML may require either a Person applying for identification plates for a Forklift, the owner or operator of a Forklift to submit that Forklift to an Authorised Officer for inspection at any specified time and place at the expense of the owner of that Forklift.

4.2.2.9 Non-Conforming Forklifts

A Forklift must not be altered with any temporary or permanent fixture or addition which obscures vision, alters performance or which does not meet the manufacturer’s handbook in respect of proprietary products.

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Adopted by PML on April 1st 2016

The Forklift must be mechanically sound and, at a minimum:

1) seatbelts must be operational and drivers must have their seatbelts fastened;

2) headlights must be fully functional;

3) brake lights must be fully functional;

4) indicators must be fully functional;

5) any horn must be fully functional;

6) any reversing tone or alarm must be functional; and

7) 2 identification plates must be fitted and clearly visible.

PML may refuse to register or renew the registration or may cancel the registration of a Forklift that does not conform with these Market Rules or any law relating to the use and operation of a Forklift, during which time any Person must not operate or drive that Forklift until the identified defect is corrected. PML may also direct that the Forklift be removed from the Market City Site.

4.2.2.10 Renewal of Identification Plates

The identification plates on a Forklift are due for renewal on an annual basis or as otherwise determined by PML.

Forklifts are required to undergo an inspection prior to renewal of identification plates or at any other time as directed by an Authorised Officer.

Any payment for the renewal of identification plates for a Forklift must be paid in accordance with the requirements set out by PML.

4.2.2.11 Transfer of Forklifts

A Person who buys, or otherwise acquires, a Forklift operating at the Market City Site must apply for a transfer of the Forklift's identification plates to PML within 7 days of acquisition.

An application for the transfer of identification plates must be made to PML in the approved form and accompanied by, at a minimum:

1) any amounts due, including fees payable for the renewal of the Forklift's identification plates; and

2) the Forklift Identification Plate Documents.

For the avoidance of doubt, the requirements under this rule 4.2.2.11 also apply to hired or leased Forklifts to be operated within the Market City Site.

4.2.2.12 Cancellation of Identification Plates

The owner or Tenant of a Forklift may cancel their Forklift identification plates at any time on written notice to PML where the Forklift is no longer used on the Market City Site. Forklift identification plate fees are not refundable.

PML may by written notice to a Forklift owner or Tenant cancel the registration of a Forklift if, in the opinion of PML, there has been a failure to comply with any of the provisions of these Market Rules. A Forklift registration is deemed to have been cancelled if:

1) application for renewal of registration is refused or not made in accordance with the

provisions of these Market Rules;

2) the fees for registration or renewal of registration are not paid by the due date;

3) an amount payable to PML for registration or renewal of registration is dishonoured; or

4) failure to rectify any defect identified by an Authorised Officer within the time period advised by the Authorised Officer, or 3 days if no date was specified.

4.2.2.13 Forklift Parking

A Person must not park a Forklift or leave a Forklift standing at any place in the Market City Site other than:

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Adopted by PML on April 1st 2016

1) within a Tenancy Area in which that Person has permission to enter; or

2) in such other place in the Market City Site set aside from time to time for that purpose by

PML including the area in front of a Selling Floor.

A Person must not park a Forklift in any manner that blocks access or creates an obstacle to fire exits, emergency equipment, Pedestrian Crossings, Designated Walkway, or Road.

4.2.2.14 Powers of Authorised Officers regarding Forklifts

An Authorised Officer may require a driver, operator or Person in charge of a Forklift to state their name and address and to the best of the Person's knowledge, the name, company and address of the owner of the Forklift.

An Authorised Officer may require a driver, operator or Person in charge of a Forklift to present their Access Card, motor vehicle driver’s licence and High Risk Work Licence applicable to the operation of a Forklift.

An Authorised Officer may require a Person in charge of a Forklift to cease operating the Forklift if, in the opinion of the Authorised Officer, the use or operation of the Forklift contravenes any of the provisions of these Market Rules.

A Person who is requested to comply with the direction of an Authorised Officer under this rule 4.2.2.14 must comply with that request.

4.3 Pedestrian movement

Pedestrians must use Designated Walkway and Pedestrian crossings where it is marked within Market City, be aware of traffic, particularly forklifts operating throughout the site and take reasonable care for their own safety.

A Pedestrian must not:

1) walk or stand upon a Designated Walkway or Road so as to inconvenience, obstruct, hinder or prevent the free passage of any other Pedestrian or Vehicle;

2) walk along a Road if a Designated Walkway exists and abuts it and is in a fit condition for use; and

3) walk through any boom gate-controlled or Vehicle only access point.

Pedestrians must utilise the designated pedestrian access controlled gates to enter and exit the site.

4.4 Accidents and incidents (including hazards and near misses)

4.4.1 Report accidents and incidents

If an incident, accident, injury or dangerous event occurs at the Market City Site, then each Person directly or indirectly involved in that event must report that event to either the Main Entrance Gatehouse on (08) 9456 9215 or an Authorised Officer immediately after it happens including information and details of each Person involved and the circumstances giving rise to the event.

4.4.2 Report hazards

Where a hazard is identified, and it is safe to do so, a Person must:

1) rectify the situation, if possible; or

2) if it is not possible to rectify the hazard then the area should be made safe to prevent an

unsuspecting Person from interacting with the hazard; and

3) report the hazard immediately to either PML on (08) 9456 9200 or the Main Gatehouse (24

hours) on (08) 9456 9215.

In addition to any hazard and incident reporting requirements that a Company or Employee may have, each Person accessing the Market City Site must report all hazards and incidents to an Authorised Officer as soon as possible. Hazard reporting forms are available at PML Reception.

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Adopted by PML on April 1st 2016

4.5 Emergency response and evacuation

4.5.1 Emergency and evacuation

The emergency alarm system at the Market City Site is a 2-tone alert system. The first tone is a “Beep, Beep, Beep” sound, which means that a potential incident is being investigated, but no action is required.

The second tone is a “Whoop, Whoop, Whoop” sound, which means that there is an emergency, and that each Person must evacuate in accordance with the emergency procedures.

If in immediate danger, or on hearing the alarm each Person must:

1) make sure they know the location of their nearest exit and the alternate exits; and

2) ensure they follow any instructions communicated by emergency wardens, Authorised

Officers and automated alarm systems.

Site maps, emergency procedures and evacuation maps are available from Reception.

Fire Wardens can be identified by the hardhats that they wear:

4.5.2 Instructions and directions

Each Person must comply with any instruction they are given when there is or may be an accident, incident or hazard affecting any part of the Market City Site or any Person in it. This includes any instructions given by an Emergency Services Agency, an Authorised Officer or a fire or evacuation alarm.

4.5.3 Requirement to leave Tenancy Area

If any Person is instructed to leave a Tenancy Area, building or other part of the Market City Site by an Authorised Officer, or Emergency Services Agency, that Person must:

1) immediately do so; and

2) not re-enter the Tenancy Area, building or any other part of the Market City Site until an Emergency Services Agency or Authorised Officer permits this to occur.

4.5.4 Fire and emergency drills

Each Person must:

1) comply with statutory requirements; and 2) make sure that that Person is familiar with the Safety and Emergency Procedures; and 3) take part in any fire or emergency training or drill (and PML will give reasonable notice of any

drill).

Each Tenant must provide and maintain within their Tenancy Area such fire equipment and as required or recommended under any relevant standards or codes.

4.5.5 Fire Detection and Prevention Equipment

In responding to any emergency, PML is entitled to close all or part of the Market City Site until attending emergency services personnel determine that any risk has passed.

Except in emergencies, it is prohibited for any Person who is not an Authorised Officer, PML authorised Contractor or employee of the Department of Fire and Emergency Services to alter, interfere with or tamper with Fire Detection and Prevention Equipment at the Market City Site.

A Person must not at any time cause fire escape routes, fire exits or fire equipment to be blocked or obstructed in any manner.

1) WHITE Chief Fire Warden/Deputy Chief Fire Warden

2) YELLOW Fire Wardens

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Adopted by PML on April 1st 2016

5 Market City Site user behaviour

5.1 Conduct

5.1.1 Instructions and directions of Authorised Officers

Each Person must promptly obey all instructions and directions given or made by an Authorised Officer while in the Market City Site.

Tenants, Tenant Employees and Authorised Buyers must at any time while in the Market City Site, on request by an Authorised Officer, produce their Access Card or other record of authority to be in the Market City Site.

5.1.2 Inappropriate Behaviour

A Person must not, while at the Market City Site:

1) generally, engage in dangerous, anti-social or otherwise offensive behaviour;

2) interfere with, damage, vandalise, graffiti or wilfully abuse any property belonging to PML or any other Person;

3) make use of or otherwise occupy any Common Area within the Market City Site for activities not considered appropriate by PML acting in its absolute discretion;

4) obstruct or interfere with fire hoses, hydrants, fire sprinklers, alarms and other security or emergency services and equipment nor use or take water from any fire hose, hydrant or fire system for any purpose other than fighting fires;

5) deposit or dispose of any Waste in any place except bins or receptacles provided to, or organised by or on behalf of that Person, or such other industrial Waste bin or receptacle provided generally for that purpose;

6) cause or direct Waste (as determined in the absolute discretion of an Authorised Officer) to be deposited in areas within the Market City except in accordance with these Market Rules;

7) Sell any Goods or services unless that Person is authorised by PML to conduct the Sale of Goods or services within the Market City Site and then only at the place and during the times and in the manner expressly authorised by a written permit issued to that Person by PML, or under the terms and conditions of any relevant Tenancy Agreement;

8) Sell any Goods in the CTA, unless that Person is a Selling Floor Tenant and is operating from their selling floor tenancy area;

9) operate a Pallet Jack on any Road within the Market City Site; 10) bring into, possess, control, drive or operate any unregistered or uninsured Vehicle in the

Market City Site if that Vehicle is required to be registered under any law to be driven; 11) bring into, possess, control, drive or operate any Vehicle in the Market City Site that is not

required to be registered by law unless an insurance policy is in place to cover that Vehicle in respect of public liability risks;

12) drive a Vehicle while that Person is unlicensed to drive, or drive a Vehicle in an unsafe or dangerous manner (as determined by an Authorised Officer in their absolute discretion) or at a speed in excess of the speed limit applying to the Road on which the Person is driving;

13) operate a Forklift under the influence of alcohol, any illegal or prohibited substance or any other substance (whether legal or not) likely to impair a Person’s capacity to operate a Forklift in a safe and proper manner. To avoid doubt, Forklift drivers must remain within the blood alcohol range as set by the Road Traffic Act 1974 (WA) while driving or otherwise in control of a Forklift;

14) for restrictions regarding animals, refer to 5.1.11. For restrictions during the Sunday markets, refer to 21.1 (12);

15) sleep at the market; 16) engage in any unauthorised or unlawful act in respect of hired Pallets, bins or crates including

but not limited to trading in stolen Pallets, bins or crates or the unauthorised removal or theft of the same;

17) use any equipment including Forklifts, Vehicles or any other item without the authority of the owner or Tenant of that equipment;

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Adopted by PML on April 1st 2016

18) conduct nor permit to be conducted any auction, bankrupt, or fire sale without the prior written Approval of the Lessor;

19) commit any unlawful act; or 20) otherwise act in a manner which may (in the absolute discretion of PML) adversely affect:

(a) the health or safety of an individual, themselves or the property of others; or (b) the reputation of PML within the fruit and vegetable industry or broader community.

5.1.3 Lawful business and unlawful acts

A person shall not, whether in a Vehicle or not, enter or remain in the Market City Site or in any part thereof except for or in connection with a lawful purpose connected with the Market City Site.

PML reserves all rights to report any unlawful or potentially unlawful acts committed within the Market City Site to the Western Australia Police or any other relevant authority.

Specifically, a Person must not while at the Market City Site:

1) receive Goods which are consigned to another Person or unlawfully remove any general produce or other Goods from the premises of an Lessee or from any other part of the Market City Site;

2) engage or attempt to engage in any activity at the Market City Site which is not, in respect of that Person, a Permitted Use;

3) knowingly aid, abet or otherwise assist a person (the “Principal”) in engaging or attempting to engage in an activity which, in respect to that Principal, is not a Permitted Use; and

4) steal or wilfully damage or destroy any property belonging to PML or any other Person.

5.1.4 Unlawful removal of Produce prohibited

A Person shall not unlawfully remove any general Produce or other Goods from the premises of an occupier or from any other part of the Market City Site.

5.1.5 Depositing litter prohibited

A Person shall not within the Market City Site throw, deposit or leave Waste, rubbish, refuse, paper, bottles, glass (broken or otherwise) or litter of any kind except in a receptacle provided for the purpose.

5.1.6 Assemblies without permission prohibited

A Person must not:

1) conduct, organise or take part in any procession, meeting or assembly in the Market City Site without the prior written consent of PML or conduct, organise or take part in any such procession, meeting or assembly in any way that is contrary to any condition to which that consent was subject to; or

2) after being notified that any procession, meeting or assembly in the Market City Site is contrary to any condition to which consent was made subject, continue to conduct, organise or take part in that procession, meeting or assembly.

5.1.7 Disorderly behaviour

A Person must not:

1) assault an Authorised Officer or other Person; 2) use abusive or insulting language to an Authorised Officer; or

3) behave in a disorderly manner or in a manner which causes or is likely to cause nuisance or annoyance to any other Person.

5.1.8 Obscene material prohibited

A Person must not at the Market City Site write, print or publish any indecent or obscene words, images, pictures or material of any kind or draw, display, print, publish or engage in the distribution of any indecent or obscene pictures, images, representations, magazines, books or other material of any kind.

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Adopted by PML on April 1st 2016

5.1.9 Restriction on signs

A Person must not without the prior written consent of PML affix, paint or otherwise exhibit or permit to be affixed, painted or otherwise exhibited to or on the Market City Site including any roof, external walls, passageways, stairways and entrances or windows or doors thereof any placard, poster, advertisement, other drawing or writing, sign board, blind, awning, canopy, television or wireless antenna or mast.

5.1.10 Restriction on use of alcohol

A Person must not:

1) without the prior written consent of PML, bring, keep or consume any alcoholic beverage in the Market City Site; or

2) enter or remain in the Market City Site while under the influence of alcohol or a drug.

5.1.11 Restriction on animals

A Person must not bring or allow any animal into the Market City Site unless the animal is confined to the Vehicle of that Person.

This rule 5.1.11 does not apply to a dog used for the purposes of guiding a blind person or other approved service animals.

5.1.12 No interference with Authority property

A Person must not:

1) without the prior written consent of PML, interfere with any property of PML in the Market City Site; or

2) damage any property of PML in the Market City Site.

5.1.13 Restrictions on fire hose use

A Person must not:

1) interfere with or damage any fire service or related equipment, being the property of PML; or

2) without the permission of PML, take water from such fire service or related equipment for purposes other than firefighting.

5.1.14 Expectorating, urinating, defecating prohibited

A Person must not expectorate, urinate or defecate except in the appropriate toilet facilities provided by PML and must, after using those facilities, leave them clean and flushed except where flushing is done automatically.

5.2 Touting, unauthorised Selling

5.2.1 Sales, purchases and solicitation of business

A Person must not, in or upon any of the Common Area of the Market City Site (including Roads and parking spaces), without the prior written consent of PML, Sell, offer for Sale or solicit business of any kind.

A Person, other than an employee of a Tenant or Licensee, must not Sell, offer for Sale or solicit business or cause or permit business to be solicited for any purpose in or upon the premises of a Tenant or Licensee and without the consent of that Tenant or Licensee otherwise than for or in connection with the business of that Tenant or Licensee and Permitted Use.

A Person must not, without the prior written consent of PML, buy or offer to buy in the Market City Site any general Produce or other Goods or merchandise except on and from a portion of the Market City Site that are premises of Tenant or Licensee.

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Adopted by PML on April 1st 2016

5.3 Requirement to provide details on request

All Persons must provide current details on request by an Authorised Officer, including but not limited to producing a Market City Access Card, Vehicle or Forklift driver’s licence or proof of address and contact details.

If a Person does not have the required details, Access Card or driver’s licence readily available when the request is made by an Authorised Officer, that Person must present the requested details within a timeframe set by that Authorised Officer.

6 Market City Site Access

6.1 Access cards

6.1.1 Market City Site Access

A Person must not enter the industrial market (Market City excluding the commercial centre and the General Public during the Weekend Markets) part of the Market City Site unless that Person:

1) holds a valid Access Card or visitor pass issued by the PML;

2) carries the Access Card at all times and produces the Access Card on the request of an

Authorised Officer;

3) has satisfactorily completed the Market City Site induction;

4) accepts that they are subject to the site conditions of entry, these Market Rules and the

safety induction brochure; or

5) has the prior consent of PML to do so.

6.1.2 Form of Access Cards

Access Cards will be in the form as adopted from time to time by the CEO, PML.

6.1.3 Issuing of Access Cards

PML may issue Access Cards to occupiers and to other Persons who wish to enter the Market City Site

Access Cards may be used to enter and remain at the Market City Site only by the Person to whom the Access Card has been issued.

A Person must not transfer or assign his or her Access Card or otherwise allow another Person to use his or her Access Card to gain access to the Market City Site or for any other purpose.

PML will request relevant personal information, contact details and photo ID prior to issuing Access Cards.

A Person must not, intentionally or negligently, provide information in an application form or to a PML staff member that is false or misleading.

PML retains discretion to decline an application for an Access Card or withdraw or cancel an Access Card previously issued.

Any Person who is refused an Access Card may request a review of this decision by submitting a request in writing to PML. The decision of PML is final and conclusive.

6.1.4 Site Access and Induction

PML have identified four primary Market City Site user categories, for which varying levels of induction apply. The categories are as follows:

1) General Public: members of the General Public who attend the wholesale area of the Market City Site on weekends for either of the Weekend Markets;

2) VIP visitors: escorted visitors, government officials, select industry groups, planned group visits;

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Adopted by PML on April 1st 2016

3) infrequent or one-off visitors and site users: delivery drivers, couriers, Contractors, some Growers or other users who do not visit the Market City Site on a regular basis (less than once in a period of three months); and regular site users: visitors who access the site at least once a on a fortnightly or monthly basis

(for example, PML Staff, Contractors, Tenants, employees of Tenants or transport operators).

Please see the table below for the induction process for each Site User category.

General Public do not require an Access Card to be issued;

allowed restricted access to areas of wholesale industrialised site, primarily on weekends; and

PML provides substantial traffic management to reduce public interaction with Vehicles and Forklifts.

VIP visitors do not require an Access Card to be issued;

are generally provided an on-site presentation highlighting key risks on site (Forklift movement and the requirement to wear high visibility vests);

will be issued PML high visibility vests prior to entering the industrial area;

will be provided with the PML safety brochure; and

PML staff member(s) to escort them whilst on the premises.

infrequent visitors do not require an Access Card to be issued;

are required to sign-in in the Market City Site visitor entry book and take the tear-off visitor copy;

will receive safety induction brochure;

will receive a Tenant location map (if required or requested);

will be provided a PML high visibility visitor vest, if required or requested; and

will be given access or egress on request via the reception or gatehouse.

regular site users require an Access Card to be issued;

will be provided with safety induction brochure and map, induction quiz and Application for Market City Access Card Form;

must read and comprehend the safety induction brochure;

must complete the safety induction quiz;

must complete the Application for Market City Access Card Form;

are required to provide personal details as defined in the Application for Market City Access Card Form, including photo identification; and

once completed, an Access Card will be issued with access to required zones.

Prior to being issued an Access Card an applicant must:

1) read and understand the Safety Induction Brochure; 2) complete and pass the Induction Quiz; 3) complete the Application for Market City Access Card Form (with employer authorisation); 4) provide photo identification and personal details as required; and 5) provide evidence of a Work Safe High Risk Work Licence if intending to operate a forklift.

6.1.5 Access Card user types

PML may issue a different type of Access Card to each of the site user groups to for the purposes of identification, safety and the efficient running of the Market City Site. PML may place any condition on the use of the Access Card as is reasonably required.

6.1.6 CTA Orange Access Card

Outside of approved CTA trading times, Market City site users must have an Orange Access Card. Any Person who does not possess an Orange Access Card will be required to leave the CTA until the approved trading time commences.

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Adopted by PML on April 1st 2016

For further conditions on Orange Access Cards refer to rule 9.1.

6.1.7 Withdrawal of Access Card

PML may withdraw or cancel an Access Card issued to a Person if the Person:

1) has contravened or breached any of these Market Rules; or 2) in the opinion of PML, is not a suitable person or a fit and proper person to hold an Access

Card. The withdrawal or cancellation of an Access Card has effect when the holder is given written notice of the cancellation is submitted to the cardholder, or on any later date stated in that notice. If appropriate contact details are not provided by the offender, then the withdrawal or cancellation of an Access Card has effect from a date specified by PML once reasonable steps to communicate with that holder have been exhausted.

6.1.8 Deactivation of unused Access Card

PML will automatically deactivate an Access Card if 13 calendar months have passed since the Access Card was last used.

6.1.9 Other Deactivations

In all other circumstances where an Access Card requires deactivation, a request must be sent in writing to the General Manager or the CEO. The General Manager or the CEO may, in their absolute discretion, approve or deny any request.

6.1.10 Validity and renewal of Access Card

An Access Card will be valid for a period of one year, or for any other period as determined by PML.

An Access Card may be renewed for a period of one year, or for any other period as determined by PML. Any renewal will be subject to confirmation of the Access Card holder’s’ contact details and user type.

6.1.11 Updating Access Card details

Access Card holders must notify PML in writing of any change in their Access Card details and contact information. Failure by an Access Card holder to update Access Card details and contact information may result in the Access Card being deactivated, withdrawn or cancelled.

6.1.12 Tenant requirements

At PML’s request, each Tenant must provide a list of the details of their employees, Contractors and any other authorised personnel of the Tenant, including but not limited to, the following Information:

1) full name and contact details;

2) drivers licence, Forklift licence or passport information for the purposes of identification;

3) position in the company;

4) Access Card user type;

5) confirmation of employment status; and

6) confirmation of intent to comply with site conditions of entry, Market Rules and safety

induction brochure.

6.1.13 Fees and Charges

PML will impose fees and charges, the amount of which PML may determine in its absolute discretion, in respect of the issuing and management of Access Cards, which must be paid by any Access Card holder (provided that the Tenant must pay those fees and charges on behalf of any of their employees, Contractors and other authorised personnel).

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Adopted by PML on April 1st 2016

6.1.14 Record Keeping

PML will keep records of site visitors, Access Card holders and inductions as is legally required and necessary to maintain the safe and efficient operation of the Market City Site.

6.2 Conditions of Entry

6.2.1 Entry to the Market City Site

Entry to the Market City Site is subject to the following conditions:

1) a Person (other than a PML Employee or an authorised Visitor) may enter the Market City Site only during the times permitted under that Person’s Access Card or as otherwise permitted by PML;

2) a member of the General Public may enter the Market City Site only during the General Public Access Hours or as otherwise permitted by PML; and

3) a Vehicle must not enter or be in any part of the Market City Site (other than a Vehicle owned or controlled by PML) when the Market City Site is closed, or access is not otherwise permitted as may be notified by PML at any time.

6.2.2 General Conditions of Entry

All Persons entering the Market City Site agree to comply with and be bound by these Market Rules, Policies and the General Conditions of Entry that relate to the Market City Site. If a Person wishing to enter the Market City Site is not willing to comply with these Market Rules and General Conditions of Entry, then that Person will be refused entry onto the Market City Site.

The Market City Site is private property. All Persons entering the Market City Site must be aware of the use of heavy transport Vehicles on the Market City Site and exercise caution so as to take an appropriate level of care for their own safety and for the safety of others, as would be reasonably expected in an industrial site.

PML, as the owner of the Market City Site, reserves the right to refuse admission to any Person, or to require any Person within the Market City Site to leave the Market City Site, for any reason.

All Persons must comply with the Perth Market Act 1926 and Perth Market By-laws while on site. Copies of these are available at reception.

The following General Conditions of Entry apply to Persons accessing the Market City Site:

1) Access Cards and visitor passes must be carried at all times and produced on request; 2) high visibility vests or clothing must be worn at all times (except for members of the General

Public); 3) Persons must obey all road rules, speed limits, parking restrictions and signage generally; 4) the maximum Vehicle speed limit 30 kilometres per hour and the maximum Forklift speed limit

is 10 kilometres per hour; 5) all Contractors and workmen must report to reception and complete a safety induction before

commencing work on site; 6) all Persons must follow all instructions given to that Person by an Authorised Officer or by any

other person who identifies themselves as validly representing PML; 7) if a Person breaches the Perth Market Act 1926 (WA), the Perth Market By-laws or any of

these Market Rules, that Person may be fined or prosecuted, be denied entry to the Market City Site, ordered to leave the Market City Site immediately or a combination of any of these; and

8) for the avoidance of doubt, PML is not liable to any Person, and is indemnified by all Persons, who access the Market City Site according to rule 3.5.

6.3 General Public

The General Public are subject to these Market Rules and Conditions of Entry. The General Public are required to comply with all directions from an Authorised Officer and any traffic management, signage or line marking as PML deems necessary from time to time.

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Adopted by PML on April 1st 2016

PML may, in the normal course of managing a multi-use site, designate specific days, times and areas around the Market City Site when the General Public or other Market City Site user group is exempt from some of these Market Rules (e.g. the Commercial Centre area and during the Saturday and Sunday Market activity).

6.4 Children

Any Person who brings a child or children up to and including the age of 15 years onto the Market City Site must at all times while on the Market City Site:

1) accompany and supervise that child or those children; and 2) ensure that other Persons on the Market City Site are not unreasonably inconvenienced by

the presence of that child or those children.

7 Tenant Specific Requirements

7.1 Responsibility for employees and people under supervision

All Tenants have a responsibility to ensure that their employees, Contractors, Visitors and other people under their supervision obey these Market Rules and the Conditions of Entry.

7.2 Key Management

7.2.1 General

PML may issue keys or opening devices to Tenants, Tenant employees, Contractors and Market City Site users in order to undertake all necessary activities within the Market City Site, subject to the following conditions:

1) all tenancy access doors must be keyed to the PML master key system;

2) Tenants must not change or alter keys or locks to tenancy access doors;

3) all keys are to be issued and returned utilising the PML key management software; and

4) Persons signing for keys must provide PML with all information PML deems necessary prior

to issuing a key. Failure to do provide such information may result in a key not being issued.

The issuing of keys for short term use (less than 24 hours) is primarily managed via the PML Administration Office and the Main Entry Gatehouse.

The issuing of keys, including tenancy keys, for long term use is primarily managed by the PML facilities team in accordance with approved key issuing delegations.

If PML gives a Tenant, Contractor or Visitor any key, Access Card or other opening device to access the Market City Site:

1) the Tenant, Contractor or Visitor must not copy it without PML’s prior consent; 2) the Tenant, Contractor or Visitor must reimburse PML for any cost PML incurs as a result of

any loss of or damage to an opening device; 3) the Tenant, Contractor or Visitor must only permit current employees to use the opening

device; 4) the Tenant, Contractor or Visitor must keep a list of employees permitted to use the opening

device and must produce this list at PML’s request; and 5) the Tenant must return all opening devices to PML on the expiration or termination of the

Tenant’s Lease.

7.2.2 After-hours issuing of tenancy keys

PML offers a key sign out service to Tenant approved site users to enable after-hours access to site Tenancy Areas (primarily for the Industrial Part of the Market City Site). PML holds a

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Adopted by PML on April 1st 2016

list for each Tenancy Area of approved Persons that are allowed afterhour’s access to that Tenancy Area.

The following rules apply:

1) the Lease principal or senior site manager must authorise the addition and removal of Persons and companies from the Tenant access list;

2) the Lease principal is responsible for maintaining the accuracy of the list; 3) changes to the list require a minimum of 24 hours’ written notice to PML stating the required

amendments to the Tenant access list; 4) Persons receiving tenancy keys must comply will these Market Rules relating to key

management and control and are responsible for the securing of premises on completion of their task;

5) if a Visitor who is not on the Tenant access list requests after-hours access to a premise, the PML gatehouse will make reasonable attempts to contact the Lease principal or senior site manager to seek Approval; and

6) if the Lease principal or senior site manager is not contactable and the Person or company is not on the after-hours access list, access will be denied.

7.2.3 After-hours issuing of keys to Contractors and other Market City Site users

As a general policy, PML will not authorise the after-hours issuing of keys to Contractors and other Persons.

Any issuing of keys outside of normal reception opening hours is subject to PML Duty Manager Approval and any associated controls and delegations set by PML.

7.3 Cleanliness

7.3.1 Tenancy Areas

Each Tenant or Licensee must maintain their Premises and surrounding area in a clean manner, free of rubbish and debris.

No Person may wash the cement or bituminised floor of a leased, licensed or Common Area with water and allow that water to enter the storm water system.

Every Wholesaler must clean the area surrounding the wholesaler's floor at the conclusion of trading.

7.3.2 Handling of waste

The following conditions apply to the handling of waste on the Market City Site:

1) bins and other receptacles designated for the collection of Waste, rubbish, refuse and other

material which are owned by PML remain the property of PML at all times;

2) PML owned receptacles are for the storage and transportation of PML approved, Waste,

rubbish, refuse and other material only;

3) the misuse of PML owned receptacles is prohibited and may result in removal of access to

receptacles and on Market City Site Waste transfer or removal services;

4) PML receptacles are not to leave the Market City Site without PML permission in writing;

5) the transportation of externally generated Waste into the Market City Site is prohibited;

6) a Tenant must ensure the receptacles in which such Waste, rubbish, refuse and other material

are deposited to be made available for collection at the place appointed by PML;

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Adopted by PML on April 1st 2016

7) the storage of Waste on the Market City Site is to be in PML owned Waste receptacles or

other PML approved Waste receptacles specifically designed for the storage and handling of

waste;

8) during trading hours, all Tenancy Area Waste is to be stored under the allocated Awning Area;

9) outside of trading hours, all Waste and Waste receptacles must be located within the relevant

Tenancy Area;

10) Persons must not litter or leave any Waste, refuse or other material in any part of the Common

Area or the Market City Site without prior Approval from PML;

11) Persons must not allow the leakage of liquid Waste or industrial materials within Tenancy

Areas, in Common Areas or any part of the Market City Site; and

12) each Tenant must ensure that any Common Area adjacent to that Tenant’s Tenancy Area is

kept clear of Waste, rubbish, refuse or other material for a distance not less than one metre.

7.4 Compliance with legislation

All Persons are required to comply with all relevant laws, regulations, guidelines and any other requirements of federal, state and local governments.

7.5 Tenancy fit out

7.5.1 General

All Tenant fit out changes require prior PML Approval and are subject to the PML fit out Approval and certification process as determined by PML.

Tenants are required to pay reasonable costs for PML to assess fit out applications and completed fit outs for engineering and building compliance, general safety and amenity and compliance with relevant Australian codes and standards.

Tenants are responsible for the provision of accurate drawings, documentation and certification as requested by PML and management of all Contractors to ensure the fit out is completed in accordance with PML’s Approval and any associated conditions.

7.5.2 Alterations or Interference

A Tenant must not do the following without PML’s prior written approval:

1) make any alteration, addition or installation in or to any Tenancy Area, or any fixtures, fittings,

plant, equipment, partition, any electrical circuits or other property of any kind owned or

supplied by or on behalf of PML to the Tenant or any other Person;

2) interfere with any data, telecommunications equipment, electrical distribution equipment,

plumbing fixtures, Fire Detection and Prevention Equipment in or about the Tenancy Area;

3) decorate the Premises, or erect any sign, cable or antenna or install any Tenant property in

the Premises;

4) drive nails, screws, bolts, hooks or fastenings, into any part of the Market City Site or use any

explosive power driven method of fixing articles to ceilings, walls or floors;

5) enter or go on the roof, in any plant room, or any other part of the Market City Site other than

the Common Areas, except in the case of an emergency;

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Adopted by PML on April 1st 2016

6) obtain or allow any Person to undertake any works or provide utilities services on the Market

City Site in connection with that Tenant’s Tenancy Area or Tenancy Agreement.

If consent is granted, PML’s fit out Approval will be subject to that Tenant acknowledging that any required connections to PML’s services may be carried out only by PML’s preferred Contractors at the cost of that Tenant.

It is prohibited:

1) for any Person to bring construction materials into the Market City Site for Tenant alterations

and additions including without limitation, Insulated Sandwich Panel, demountable buildings

and other building materials of any kind (Construction Materials) without the prior written

consent of PML.

2) for any Person to store Construction Materials in the Common Areas and, including under

awnings or against buildings, without the prior written consent of, and on any terms required

by, PML.

A Tenant is not obliged to do any work of a structural nature unless the work is required as a result of:

1) that Tenant’s default under its Lease or Licence; 2) the act, neglect or default of that Tenant or that Tenant’s Agents; or 3) that Tenant’s or that Tenant’s Agents' use or occupation of the Premises.

If structural work is required to the Premises due to a Tenant’s above circumstances, PML may, in its absolute discretion, determine the method of rectification and elect to manage the works. Where applicable, all associated costs with these works will be charged to the Tenant.

7.5.3 Insulated Sandwich Panel

From 1 July 2012, a strict prohibition is in force on the use of Insulated Sandwich Panel in new panel constructions where the Insulated Sandwich Panel does not meet the requirements of AS 1530 Part 4.

For the avoidance of doubt, repairs to existing Insulated Sandwich Panel structures may be carried out using like for like materials. This prohibition applies only to new constructions.

7.5.4 Existing PML fit out

Unless agreed otherwise in writing, each Tenant acknowledges that the Existing PML Fit out remains the property of PML, but agrees that it is responsible for the ongoing maintenance, repair and, where necessary, replacement of the Existing PML Fit out.

7.5.5 Existing Tenant fit out

Each Tenant:

1) accepts the existing tenant fit out as is, where is; 2) agrees that it has conducted its own due diligence and inspection of the existing tenant fit out

and accepts the existing tenant fit out in its current form; 3) acknowledges that it is responsible for the ongoing maintenance, repair and where necessary,

replacement of the existing tenant fit out; 4) warrants that the existing tenant fit out complies with all applicable laws and codes including,

but not limited to, any building codes and fire regulations; and 5) must remove and make good the existing tenant fit out at the expiry of the Lease at its own

Cost, to PML’s satisfaction.

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Adopted by PML on April 1st 2016

The following conditions apply to facilities or any toilet module:

1) any facilities or toilet module is the property of PML, but each Tenant will have exclusive use of the facilities or toilet module for the duration of the Lease term and any option term of the Lease;

2) in accordance with the relevant Lease, PML may elect, in its absolute discretion, to require a Tenant to pay a fee for use of the facilities or toilet module as reasonably determined by the PML;

3) each Tenant accepts the facilities or toilet module as is, where is on the commencement of the relevant Lease;

4) each Tenant must maintain and repair the facilities or toilet module in accordance with the terms of the relevant Lease; and

5) on expiration or sooner determination of a relevant Lease, unless directed otherwise by PML, a Tenant must remove the facilities or toilet module and make good any damage caused by its removal.

6) each Tenant must return the facilities or toilet module to PML in good order and condition.

7.6 Other

7.6.1 Conduct of Business by Tenants

A Tenant must not, without the prior written Approval of PML (which Approval may be given in the absolute discretion of PML and may be granted subject to any conditions):

1) sell or offer for Sale or deliver any Goods from any part of the Market City Site to any Authorised Buyer or other Person within the Market City Site unless that Tenant is a Selling Floor Tenant;

2) sell Goods outside of the Trading Hours. This does not prohibit a Selling Floor Tenant from selling any Goods to another Selling Floor Tenant or delivering Goods to a Buyer outside of Trading Hours;

3) sell any Goods in the Market City Site to an Authorised Buyer or other Person in the Market City Site except: (a) from a Selling Floor Tenancy Area; and (b) where the Goods have been approved by PML for Sale from a Selling Floor Tenancy Area,

in accordance with the Permitted Use clause under a relevant Tenancy Agreement and in accordance with the Policy on the Sale of Ancillary Products from a Selling Floor.

4) sell or deliver any Goods that PML has prohibited for Sale at the Market City Site; 5) sell any Goods by auction or advertise a Sale by auction at the Market City Site (except where

the Permitted Use of a relevant Lease allows this).

Where a Tenant is not a Selling Floor Tenant, the Sale or the delivery of Goods to Authorised Buyers or other Persons while within the Market City Site is absolutely prohibited.

7.6.2 Storage and display of Goods

A Person must not stack, store or display any Goods or permit any Goods to remain upon any Road or Designated Walkway or other place in the Market City Site except:

1) in a Designated Storage Space or Designated Storage Display Area; and 2) within the confines of a Tenancy Area.

To avoid doubt, a Tenant must not display Goods for Sale within the Market City Site unless that Tenant is a Selling Floor Tenant and Goods are displayed from a Selling Floor Tenancy Area.

A Person who occupies a Tenancy, stand or premises as a Tenant or Licensee must contain their business activity within the boundaries of the tenanted or licensed area.

7.6.3 PML’s right to enter tenancies

The PML, and all necessary people and equipment as PML considers appropriate, may enter a Tenant’s Premises at all reasonable times to undertake inspections, maintenance, repairs to the Market City Site and its infrastructure. The Tenant must be provided with reasonable notice.

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Adopted by PML on April 1st 2016

Further, PML may enter any Tenancy Area to enable PML to:

1) determine the condition of the Premises; 2) determine whether the Tenant is complying with a Lease or Licence; 3) to exercise its rights under a Lease or Licence; 4) to carry out any work to the Market or any adjacent property of PML; 5) to enable it to comply with any law or any notice from any Government Agency affecting the

Market City Site; 6) to rebuild or restore any part of the Market City Site if it is damaged or destroyed; 7) to show the Premises to prospective purchasers at any time or to prospective Tenants during

the last six months of the Lease Term; 8) to display its usual "for sale" notice or, during the last six months of the term, a "to let" notice;

and; 9) to ensure that the Premises are locked and secure.

7.6.4 General Tenant obligations

All Tenants must:

1) use the Premises only for the Permitted Use; 2) at all permitted times during the term actively carry on business at the Premises in accordance

with the Permitted Use; 3) at its cost obtain all consents required from any government agency or authority to carry on

the Permitted Use in the Premises 4) comply, and ensure the Tenant’s Agents comply, with every legislative and legal requirement

in respect of the Premises and the Tenant’s Property; 5) pay all charges for all services relating to the Tenant’s use of the Premises including gas,

electricity, telephone and any water, garbage and sanitary charges, and pay for the costs of any meters installed in the Premises;

6) comply with, and ensure that the Tenant’s employees, Agents, visitors and Contractors comply with, Market Rules and the site Conditions of Entry;

7) comply, and ensure that the Tenant’s employee’s, Agents, visitors and Contractors comply, with all requirements and recommendations of any government agency or authority, the PML or any insurer in respect of fire safety in the Market City Site or on the Land, including by installing further equipment, and upgrading the fire safety facilities in the Premises if necessary;

8) make every payment to the PML under appropriate Leases without any set-off, counterclaim, withholding or deduction;

9) keep the Premises securely locked when unoccupied, and comply with the PML’s directions regarding the security of the Market City Site; and

10) reimburse the PML on request for the Cost of identifying the Tenant on any information directory, webpage or signage relating to Market City.

7.6.5 Tenant Maintenance obligations

All Tenants must:

1) keep the Premises in good condition for the duration of the Lease period, including repairing and repainting and replacement of floor coverings as required, excluding fair wear and tear and any damage caused by fire, flood, lightning, storm, war or any act of god;

2) keep in good condition the Tenant’s Property and any of the Tenant’s signs painted on or attached to the exterior of the Premises;

3) remove all refuse from the Premises regularly and comply with the PML’s directions regarding refuse and Waste disposal;

4) not put any refuse in bins provided for common use; 5) immediately repair any damage to the Premises or the Market City Site or any building

adjoining the Premises caused by the Tenant or the Tenant’s Agents or by the Tenant’s default under the Lease;

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Adopted by PML on April 1st 2016

6) immediately repair or replace all damaged plate glass within the Premises, including interior and exterior windows, with glass of the same or a similar quality;

7) maintain all heating, lighting, plumbing or electrical equipment (including light globes and fluorescent tubes) in the Premises;

8) keep the Premises free of pests and, if required by PML, engage a pest exterminator approved by PML to prevent or eliminate pest infestation;

9) if no cleaning service is provided by PML, keep the Premises, the internal surfaces of the Premises and the Common Areas within one metre of the Premises clean and in good condition; and

10) paint, varnish, paper or otherwise treat the walls, ceiling and other internal surfaces of the Premises in the same manner as they were finished on the Commencing Date of the Lease: (a) if required by PML, during the last six months of the Lease Term; and (b) at any other time reasonably required by the PML.

7.6.6 Tenant storage and trading obligations

All Tenants must:

1) not permit trade Vehicles used for the delivery and collection of produce to be driven, parked or stopped at any place or any time within the Market, except at such places and times as directed or allowed by PML;

2) ensure that produce ordered through or sold by the Tenant is: (a) only delivered into the Premises for:

(i) storage; or (ii) if the Premises is within the CTA, storage or display for sale;

(b) received into the Premises and either

(i) stored; or

(ii) if the Premises is within the CTA, stored and displayed for sale,

before being transferred to a Vehicle transporting produce out of the Market City Site;

3) if the Premises forms part of the Commercial Centre, only warehouse store and/or stock in the Premises those goods which: (a) the Tenant intends to offer for sale from the Premises; or (b) are necessary to supply service for customers; (c) comply with the Market Rules and comply with any relevant regulations or guidelines for

the storage and handling of products and/or stock; 4) where the Tenant is an Agent (as defined in the Perth Market Act 1926), at all times observe

the Tenant’s directions regarding the sale of general produce (as defined in the Perth Market Act 1926) from the Premises;

5) if the Premises form part of the CTA, Warehouse Buildings or the Wholesale or retail building, on or before the 7th day of each calendar month, provide PML or its approved Contractor with a written statement, satisfactory to PML in its absolute discretion: (a) identifying all general produce received by the Tenant from sources outside the Market on

each day during the immediately preceding calendar month; and (b) containing any other information as the PML requires or as may be prescribed from by a

Government Agency; 6) not receive, handle or store, or permit the Premises to be used to receive, handle or store,

empty packing containers of any nature for or on behalf of a Grower of produce or a Buyer of produce, without the prior written consent of PML;

7) if the Premises form part of the CTA, not permit or allow any person (other than its duly authorised employees) to be in the Premises: (a) to pack or repack general produce; (b) at any time other than during those hours prescribed by PML as being the hours of

operation of the Market; or (c) not obstruct or interfere with any of the entrances or Common Areas of the Market.

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Adopted by PML on April 1st 2016

7.6.7 General Tenant prohibitions

Tenants must not, and must ensure that Tenant’s Agents, employees, Contractors and site visitors do not:

1) put anything which is likely to cause obstruction or damage down any sink, toilet or drain; 2) keep any animal or birds on the Market City Site; 3) store or use flammable or dangerous substances on the site; 4) place in the Premises any Tenant Property which does or could, in PML’s opinion, exceed

the Maximum Floor Load Weight; 5) allow anyone to sleep on the Premises or Market City Site or hold any auction, fire or

bankruptcy sale on the Premises; 6) use PML’s Property for anything other than its intended use; 7) cause any nuisance, disturbance or damage to PML, any other user of the Market City Site

or any user of any neighbouring land; 8) drive or park any trade Vehicle on the Land, except at loading bays or designated parking

bays and at days and times specified by PML; 9) obstruct, the Common Areas, the Car Parks or access to them; 10) obstruct or damage any air or light from entering the Premises through any shaft or opening,

and must not obstruct any air vent, duct or skylight in the Premises or any emergency exit or Common Areas;

11) overload the Market Services provided to the Premises, or use them for other than their intended purpose;

12) use any heating, cooling or lighting in the Premises which is not provided or approved by PML;

13) use any escalators or passenger lifts to carry Goods or equipment; 14) move heavy or bulky items through the Market without PML’s consent; 15) cause, permit or exacerbate any contamination on the Premises, Common Area or any

neighbouring land or premises; or 16) install or cause to be installed on the Premises or in any other part of the Market any vending

or amusement machine without the prior written consent of PML.

7.6.8 Notification of damage

Tenants must immediately notify PML of:

1) any damage to or defect in the Market or any service or facility provided by PML in the Market, any infectious disease or pests in the Market, and any notice from a Government Agency (other than an account for services provided to a specific Premises); and

2) any circumstances likely to cause any damage or defect to the Premises.

7.6.9 Use of Awning Area

All Tenants acknowledge that PML may elect, in its absolute discretion, to require Tenants to pay an Awning Licence Fee as PML reasonably determines under the Lease or Licence.

All Tenants have priority use of the Awning Area immediately in front of their leased area up to the awning line, which is approximately 4.2 metres beyond a Tenancy Area) for the stacking and preparation of produce for distribution and or sale.

7.6.10 Tenant condenser pads

Tenants are required to enter into formal Licence agreements for the use of condenser pads.

All Tenants must pay a fee for use of a condenser pad as reasonably determined by PML under the Licence.

Applications to construct a new condenser pad are subject to the PML fit out process and PML Approval at its absolute discretion.

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Adopted by PML on April 1st 2016

8 Market Hours

8.1 Market times and days

8.1.1 Times for delivery and collection

PML may, by erecting a notice in a conspicuous place in the Market City Site, notify Market City Site users of the times during which and the conditions under which general produce may be delivered to and collected from the Market City Site or any part thereof.

A Person must not drive a Vehicle or cause a Vehicle to be driven into the Market City Site for the purpose of:

1) delivering general produce to; or 2) collecting general produce from,

the Market City Site or any part thereof except during the periods permitted and subject to the conditions imposed by PML for that purpose.

Where an Authorised Officer is satisfied in the circumstances of a particular case that it is not practicable for the delivery or collection of general Produce to be effected during the times specified by PML for that purpose, the Authorised Official may permit the delivery or collection of general Produce to be effected outside those times as a once off Approval only.

All other Approvals to permit the delivery or collection of general Produce to be effected outside of specified times is required to be agreed in writing by PML.

8.1.2 Market Times

PML may, at its absolute discretion, determine Market times.

PML may, by notices erected in such places in the Market and in such other manner as PML determines, indicate:

1) the periods during which the Market City Site is open for business; 2) the Produce that may be traded during those periods; and 3) the periods during which a specified type of site user is permitted to enter, or prohibited from

entering, the Market City Site or any part thereof.

All Market City Site users are required to comply with PML set market times and any notice erected by PML relating to market times access by specified Persons.

8.2 Method of communication/notice of changes

PML will communicate market times and days and any changes to market times and days through the following means:

1) signage or notices posted on the external walls of the CTA; 2) emailing communications to Tenants and Market City Site users; 3) posting communications and notices on the PML public webpage; and 4) making market times information available at the PML Admin office.

9 CTA Rules

9.1 Specified personnel (orange card)

To assist in the monitoring and control of Buyers entering the CTA prior to approved trading times, the PML has established a system to clearly identify CTA Tenants and their employees as a specific user type by using a colour coded Access Card.

The following Market City Site user types are approved to be in the CTA outside of approved Trading Hours:

1) PML Staff; 2) PML Approved Contractors;

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Adopted by PML on April 1st 2016

3) CTA Tenants/Employees; and 4) Chamber of Fruit & Vegetable Industries in WA staff.

For applicants to be eligible to obtain a Access Card with the above user type access privileges they must::

1) be a CTA Lease principal, business owner or nominated employee of a CTA business; or

2) be an employee and provide signed Approval from the Lease principal or nominated representative that they are an employee.

If the applicant meets the above eligibility criteria, PML will provide the applicant with the following documentation:

1) safety induction brochure and map; 2) induction quiz; and 3) application for Market City Access Card Form.

Prior to being issued an Access Card the applicant must:

1) read and understand the safety induction brochure; 2) complete and pass the Induction Quiz; 3) complete the “Application for Market City Access Card Form” (with CTA employer

authorisation); 4) provide photo identification and personal details as required; and 5) provide Work Safe High Risk Work Licence if intending to operate a forklift.

If the applicant is issued an Access Card, it must be visibly displayed at all times while the applicant is within the CTA.

Outside of approved CTA trading times, Market City Site users must have an Orange Access Card. Any Person who does not possess an Access Card will be required to leave the CTA until the approved trading time commences.

9.2 Minimum Sales and packaging

During Monday to Friday of each week, all Tenants in the CTA must not display, offer for Sale or Sell any general Produce in an amount less than wholesale quantities of that Produce.

9.3 Vehicles and Storage

9.3.1 Parking, loading, unloading in the CTA

Subject to the Saturday Clearance Market rules (section 21), the following restrictions apply to parking, loading and unloading in and around the CTA:

1) only Forklifts are permitted in the CTA between 4am and 12noon, 7 days;

2) no truck parking, loading and unloading is permitted within tenancies between 4am and 12noon, when the CTA is open for Buyer access;

3) no parking of Tenant or employee Vehicles is permitted within the CTA tenancies at any time, including the internal CTA Roads and external Awning Area ;

4) no Forklifts are permitted: a) in the CTA, western buyer bay, any Road/Common Area or any other area designated

by PML for the duration of the Saturday Clearance Market and the 30 minutes

proceeding and following trading.

b) in the Western buyer bay or any other area designated by PML for the duration of the

Saturday Clearance Market and the 30 minutes proceeding and following trading.

5) all other rules for the safe operation of Forklifts and Vehicles within the CTA apply.

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Adopted by PML on April 1st 2016

9.3.2 Storage in the CTA

The following restrictions apply to storage in and around the CTA:

1) Tenants have use of a 1m staking area in front of their tenancy during Market open times; 2) no stacking, displaying or storing of Produce beyond the 1m line; 3) no stacking, displaying or storing of Produce in part or all of a Designated Walkway;

4) use of the Awning Area (3.8m line) behind the tenancy is for temporary storage during loading/unloading only;

5) no storing of stock or equipment beyond the awning line; and 6) no storing of stock or equipment outside of a CTA tenancy when not open and operating.

9.3.3 Pedestrians

Pedestrians are to utilise the Designated Walkway when walking in and around the CTA and the Market City Site.

10 Warehouse rules

10.1 Vehicles and storage

10.1.1 Warehouse (including SE1 & SE2) loading and unloading

The following restrictions apply to warehouse storage, loading and unloading:

1) the use of the Awning Area (3.8m line) is only for individual Tenant use; 2) use of the Awning Area (3.8m line) in front of the tenancy is for set down during

loading/unloading and preparation for Tenant use only; 3) no storing of stock or equipment in front of tenancy is permitted outside of Operating Hours;

4) front lift rubbish bins are not to be stored in the Common Area. They may be located in the Awning Area only when the Premises are being operated and must be stored within the Premises outside of Operating Hours;

5) the temporary placing of stock and packaging in transit is permitted; and 6) side loading lanes are to be used and trucks are to side load/unload facing the direction of

traffic flow.

10.1.2 Warehouse parking

No parking in side loading lanes is permitted, any Vehicles located in the side loading lanes must be in the process of loading and or unloading.

No parking of personal Vehicles is permitted in front of tenancies or in side loading lanes at any time.

No parking of any Vehicle in front of tenancies is permitted between 4am and 12noon weekdays or any other times as designated by PML.

One Tenant van or a delivery medium truck measuring a maximum of 11 metres, and no greater than Class 3, may park directly in front of each warehouse tenancy when closed for business, but not between the CTA Operating Hours of 4am to 12noon, subject to the truck being parked in front of a tenancy wall or roller door

10.1.3 Parking in and around SE1 & SE2

No parking of cars or trucks is permitted by any Person in areas designated as no parking zones.

11 Common Area Rules

11.1 General

PML reserves control over the Common Area and may:

1) install, maintain and or remove lighting; 2) monitor, amend and enforce rules, signage, line markings and give directions in relation to the

use of the Common Area;

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Adopted by PML on April 1st 2016

3) change the size, area, location or usage provisions of a Car Park or other facility; 4) control Vehicle movement and safety ; 5) temporarily block, alter, restrict access or close any part of the Common Area; and 6) change the flow or direction of Pedestrian and Vehicle traffic into, out of, and around the

Market.

11.2 Other

11.2.1 Obstructions

A Person must not place or cause to be placed upon any Road, Designated Walkway, clearway, entrance to any Tenancy area or the Common Area anything that may in the opinion of an Authorised Officer obstruct or endanger any Vehicle or Person.

11.2.2 Shipping containers

If deemed safe, the following time limits and restrictions apply for shipping containers:

1) Warehouses are permitted a maximum of 24 hours for loading or unloading only, which is only to be done in the side loading lanes;

2) CTA Buyer Bays allow a maximum 12 hours for loading or unloading only, to be carried out in undercover Buyers Bays (and not in immediately adjoining Tenancy Areas).

3) no shipping containers are allowed in buyers bays or external CTA Awning Areas between 4am and 12noon Monday to Friday;

4) no shipping containers are allowed in the buyers bays on weekends; and 5) no shipping containers are allowed within the CTA at any time.

11.2.3 Stacking

Safe stacking heights for pallets and crates are the prime responsibility of a Tenant; however, in the Common Areas and subject to the storage rules for the Market City Site listed above, if deemed safe then:

1) a height limit of 15 pallets applies to Common Areas; and 2) a height limit of 3 bins applies to Common Areas.

12 Buyer Rules

12.1 Entry and access by Authorised Buyers

Buyers are afforded access to the Market City Site, subject to complying with these Market Rules, Access Card provisions and conditions of entry.

PML may designate times, days and locations where Buyers and their employees or Agents are not allowed access or are afforded restricted access.

12.2 Buyer bay parking

Buyer bays are provided by PML for the purpose of assisting efficient operations of the Wholesale Markets operated at the Market City Site.

The following general Buyer bay rules apply:

1) Buyer bays are only licenced for use between 5am and 12 noon on weekdays; 2) Buyer bays are not allocated for exclusive use on weekends and only the eastern Buyer bay

is available for non-exclusive use on Sundays; 3) PML reserves the right to change Buyer bay availability at any time to meet safety or Market

City Site management requirements; 4) the primary purpose of PML providing Buyers bays is to facilitate Vehicle loading and buyer

car parking during CTA Market Operating Hours; 5) PML will allocate bays at its discretion, taking into account historic and expected usage

patterns as well as compliance with these Market Rules, Perth Market By-laws and the payment of annual fees;

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Adopted by PML on April 1st 2016

6) Buyer bays are available to registered or Authorised Buyers only who must also possess an Access Card;

7) Buyer bays are available for use during official CTA weekday ‘open’ times only; and 8) Buyer bays are to be clear of all items (including produce, pallets, Forklifts) by 12noon each

weekday or other such time as designated by PML.

PML may charge a fee for usage of Buyer bay(s) as deemed necessary.

13 Grower Rules

13.1 Entry and access by Growers

Growers are afforded access to the Market City Site, subject to complying with these Market Rules, Access Card provisions and conditions of entry.

PML may designate times, days and locations where Growers and their employees or Agents are not allowed access or are afforded restricted access to specific areas.

14 Transporter Rules

14.1 Entry and access by Transporters

Transporters are afforded access to the Market City Site, subject to complying with these Market Rules, Access Card provisions and conditions of entry.

PML may designate times, days and locations where Transporters and their employees or Agents are not allowed access or are afforded restricted access to specific areas.

14.2 Access to inspect Vehicles

On request by an Authorised Officer, the owner or driver of a Vehicle within the Market City Site must permit the Authorised Officer to:

1) inspect and examine the Vehicle delivering Goods into the Market City Site and any loading of Goods being delivered by the Vehicle;

2) require the driver to move the Vehicle from any place to another place within any timeframe PML deems appropriate;

3) unlock, unfasten, open or require the driver to unlock, unfasten or open any closed door or compartment on the Vehicle; remove or require the driver to remove any removable cover on the Vehicle;

4) remove or require the driver to remove any removable cover on the vehicle; 5) enter the Vehicle to move or remove or direct the driver to move or remove in whole or in part

any loading or Goods in or on the Vehicle; and 6) require the driver or other occupant of the Vehicle to give their full information (including

production of documents) including vehicle licences, Access Card, contact details and mailing address.

Each Person who delivers any Goods into the Market City Site must, if requested by an Authorised Officer to do so, provide the following information:

1) the name and address of the consignor; 2) the name and address of the consignee; 3) the type, origin and quantity of the Produce; and 4) any other information (or evidence, including being shown any Goods) at any time requested

by that Authorised Officer, and must make available to that Authorised Officer any manifest or other document which would disclose any or all of the information set out above.

14.3 Parking, loading and unloading

The owner or driver of a Vehicle must follow all road markings, signage and directions and these Market Rules in relation to parking, loading and unloading.

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Unloading and deliveries in the designated undercover Buyer bays is not permitted between 4:00am and 12noon on weekdays except in specially designated unloading or delivery bays.

Outside of the above times all unloading in the Buyer bays is on a non-exclusive basis, with no access to the western Buyer bay on Sundays.

Unloaded deliveries are to be delivered to relevant Tenancy Areas and not be left in the undercover Buyer bays or Common Area.

Any owner, driver or Person in control of a Vehicle within the Market City Site authorises PML to tow away or otherwise move any Vehicle or any other abandoned Goods parked or left in a manner contrary to these Market Rules and indemnifies PML in respect of any Claim for Loss or damages and agrees to pay all Costs resulting from the moving, storage or other disposal.

15 Transhipping

Unless approved by PML in writing, each Person is prohibited from using the Buyers bays, Common Areas and other areas within the Market City Site as a staging post for the transhipment of Goods ultimately to a destination outside of the Market City Site to Persons who are not Tenants of the Market City Site.

The following restrictions apply to sales and purchases within the Market City Site:

1) a Person who is not an Tenant or an Agent or an employee of a Tenant must not, except with the prior written consent of PML, sell or offer to sell within the Market City Site any general Produce or other Goods or merchandise; and

2) a Person must not, without the prior written consent of PML, buy or offer to buy in the Market City Site any general produce or other Goods or merchandise except on and from a portion of the Market City Site that are Premises of a Tenant.

16 Contractors

16.1 General

16.1.1 Parking

Persons may only park in a Designated Parking Area and with an approved parking permit. Market Rule Infringement Notices will be issued for any parking outside of a Designated Parking Area.

16.2 Safety

16.2.1 Emergencies

Each Person must observe emergency procedures and follow instructions of fire wardens and Authorised Officers when requested.

16.2.2 First Aid Equipment

All Contractors are responsible to ensure adequate first aid facilities are available to cover the work that that Contractor performs on the Market City Site. In addition, all PML Market Officers and some PML staff are trained in first aid and a first aid room is located at the PML Administration Office.

First aid equipment including oxygen and a defibrillator (with adult and child defibrillation pads) is located at the PML Administrative office, the office within the CTA and inside the PML work Vehicle.

16.2.3 Loads

Each Person transporting any load must ensure that that Load is properly secured moving them on the Market City Site.

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Page 41 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

16.2.4 Dangerous Goods

16.2.4.1 Workplace hazardous substances and dangerous Goods

Contractors must supply copies of Material Safety Data Sheets (MSDS) to the PML Facility Manager for any chemicals or hazardous substances that that Contractor brings onto the Market City Site. The MSDS must include the quantity of any chemicals or hazardous substances, and their hazard classification.

All chemicals must be stored correctly and labelled.

Small quantities of flammable liquid, for example, solvent based paints and enamels, may be kept near the point of use, provided that:

1) suitable sealed containers with a maximum capacity of 20 litres are used; 2) no open flames or spark generating equipment are in the vicinity; and 3) adequate fire protection equipment is at hand.

Cylinders of flammable and non-flammable compressed gases may be brought on the Market City Site for use, for example, oxy-acetylene sets or fuel for LPG forklifts. Spare cylinders must be stored in accordance with legislative requirements. Oxy-acetylene cylinders are not permitted to be carried over the shoulder.

The storage of larger quantities of flammable liquids at the worksite is not permitted. Turpentine, thinners and methylated spirits should be stored in an appropriate container with lid. Where Contractors Vehicles and machinery must be refuelled on-site from drums or tanks, the storage and fire protection must meet all legislative requirements.

Approval for storage of flammable or combustible liquids must be obtained from the PML Facility Manager.

16.2.5 Connection of PML services to worksites

All services required by a Contractor at a worksite such as data or communications, water, electricity, gas and sewerage must be connected by PML after consultation with that Contractor.

Connections must be made in accordance with the appropriate statutory and legislative requirements and to the satisfaction of the PML facility manager.

16.2.6 Services isolation

Before isolating any service such as electricity, gas, water, data or communications, the Contractor must obtain an approved permit from the PML Facility Manager.

Existing services must not be shut down, disconnected or in any way altered without prior Approval of the PML Facility Manager.

Interruptions to services are to be kept to a minimum and only at such times as agreed with PML.

Contractors must ensure that all tagging is removed at the completion of works.

16.2.7 Fire Panel

Contractors are not permitted to isolate any fire alarms or do work on a fire panel without prior Approval and authorisation from the PML Facilities Manager.

16.2.8 Demarcation of work areas

Contractors must ensure that their work area is demarcated and barricaded in accordance with applicable Worksafe practices to prevent entry by any other person.

16.2.9 Disturbance

Contractors must maintain good housekeeping and ensure that their work areas are safe and tidy.

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Page 42 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

Contractors must take all reasonable steps to minimise any disruption of, or interference with, other Market City Site users, including Tenants. This includes taking all reasonable steps to minimise any noise, dust or vibration.

16.2.10 Personal Protective Equipment (PPE)

Contractors are responsible for providing PPE for themselves and their employees.

PPE is to be appropriate for the particular hazard to which the person is exposed and shall comply with current statutory or Australian Standards specifications.

Contractors are responsible for ensuring that the PPE provided to their employees is used when required, that suitable storage facilities are provided and that the PPE is maintained in a good working condition.

Closed in footwear must be worn at all times.

Contractors must wear high visibility clothing at all times. At a minimum, high visibility vests must be worn. High visibility vests must comply with Australian Standard AS/NSZ 4602:1999.

Contractors are required to maintain a neat and tidy appearance.

PML reserves the right to request a Contractor to leave the Market City Site if that Contractor’s attire is not acceptable. That Contractor must comply with a request to leave the Market City Site.

16.2.11 Walkways

Contractors must use the Designated Walkways and crosswalks marked on the Market City Site. Contractors must be aware of traffic, particularly Forklifts, operating throughout the Market City Site.

16.2.12 Children

Children are not permitted to accompany Contractors performing work at the Market City Site.

16.3 Access and Permits

16.3.1 Access

All Contractors and their employees must report to the administration office to sign in and obtain relevant permits before commencing work.

1) During normal working hours Contractors who have not been issued with an Access Card must sign in and out at reception in the administration office.

2) Contractors who have been issued with an Access Card must ensure that they swipe in and out of the Market City Site whenever they enter or leave.

3) Contractors accessing or leaving the Market City Site outside of the normal working hours must enter and leave via the main gatehouse. Any keys or other equipment that has been issued to a Contractor may be returned to the guard house when leaving site after normal working hours.

All Contractors are required to display adequate identification (e.g. clothing with company name or name tags, visitors passes or Access Cards) whenever they are on the Market City Site.

16.3.2 Key Management

Keys or Access Cards will be provided at the administration office and records will be kept for all keys or Access Cards issued and returned.

A replacement fee applies for all lost Access Cards or keys.

16.3.3 Working hours

The PML administration office is open from 7.30am to 5pm Monday to Friday unless otherwise specified.

Work hours in the CTA and high traffic areas are from 11am to 5pm unless otherwise approved by PML.

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Page 43 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

No work may be performed in these areas outside of these hours without Approval.

16.3.4 Work Permits

There are certain types of work that each Person can only perform with written permission, or work permits, from PML. Work permits and prior PML Approval are required for the following tasks:

1) hot work; 2) working in confined spaces; 3) working in isolation; 4) using high access equipment; 5) access to roof areas; 6) on-site excavation;

7) access to high voltage areas or any other restricted area (all restricted areas are clearly sign posted and marked); and

8) gas, water and electrical isolation.

Work permits are obtained from the PML Administration Office.

16.3.5 Services location

All Contractors are responsible for identifying all existing services affecting the worksite and must liaise with the PML facilities team prior to excavation.

17 Site Parking

17.1 Entry of Vehicles

A Person must not bring, or permit to be brought in or upon the Market City Site, a Vehicle except:

1) at such times and in locations designated by PML; 2) in accordance with the General Conditions of Entry or other written authority issued to that

Person or the owner of the Vehicle by PML; and 3) in accordance with these Market Rules.

17.2 Private Vehicles

All owners or drivers of Private Vehicles must not park a Private Vehicle or leave a Private Vehicle standing at any place in the Market City Site except:

1) in a reserved parking space allocated to that Person and after having paid to PML any parking fee applicable and having received a permit, as prescribed by PML; and

2) in accordance with any general parking provisions including signage, line markings and directions from Authorised Officers.

The parking of Private Vehicles within Tenancy Areas is not permitted.

17.3 Commercial Vehicles

All owners or drivers of a Commercial Vehicle must not park or leave standing in or upon the Market City Site, a Commercial Vehicle, except:

1) in a reserved parking space for Commercial Vehicles and after having paid to PML any parking fee and having received a permit, as prescribed by PML;

2) in designated loading and unloading areas within the proscribed times and days allowed by PML; and

3) in accordance with any general parking provisions including signage, line markings and directions from Authorised Officials.

On request from PML, site users are required to register and provide details regarding all Commercial Vehicles owned or operated by them, or utilised by them in respect of the conduct of their business at the Market City Site.

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Page 44 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

17.4 Authorised Buyer parking

An Authorised Buyer must not park a Vehicle or leave a Vehicle standing in the Market City Site, except in a Designated Parking Area for Authorised Buyers' Vehicles, and subject to the payment of any parking fee and having received a permit, as prescribed by PML.

17.5 Control of Parking

All owners or drivers of a Vehicle must follow all signage, line markings and directions from Authorised Officers.

All owners or drivers of a Vehicle must park wholly within a marked parking bay or loading or unloading lane.

All owners or drivers of a Vehicle must only park that Vehicle in bays designated for that class of Vehicle.

Regardless of signage or line marking, no standing applies to all Roads on the Market City Site.

Regardless of existing permits or use of a parking or loading or unloading area, all owners or drivers of a Vehicle must follow all directions from Authorised Officers in relation to the movement and positioning of that Vehicle within time limits specified by the Authorised Officer.

The owner or driver of a Vehicle must not wilfully obstruct, hinder, or prevent free passage of a Pedestrian or Vehicle in the Market City Site.

The servicing, repair or maintenance of Vehicles on the Market City Site is not permitted except for within specifically designated areas with appropriate industrial Waste management facilities. PML may charge a usage fee as deemed necessary for these facilities.

The towing of any damaged, unserviceable or unregistered Vehicle must only be undertaken by appropriately qualified personnel and correctly licenced towing Vehicles.

The owner or driver of a Vehicle must not allow any oil, fluids or hazardous substances to leak onto the Market City roads or hardstand areas.

The storage of Goods or equipment of any kind within parking bays is prohibited.

Each Person in control of a Vehicle within the Market City Site authorises PML to tow away or otherwise move any Vehicle or any other abandoned Goods parked or left in a manner contrary to these Market Rules and indemnifies PML in respect of any Loss or Claim for damages and agrees to pay all Costs resulting from the moving, storage or other disposal.

PML may from time to time limit the number of Vehicles on part or all of the Market City Site by directing the immediate removal of any Vehicle from the Market City Site, at the discretion of PML.

PML may vary or alter any signage, line marking or directions regarding the layout and access to parking and loading or unloading areas on the Market City Site.

17.6 Permits

PML may issue Parking Permits or Licences to allow parking on the Market City Site.

If issued, a Parking Permit is to be displayed on the front windscreen of the Vehicle at all times.

PML may set times, days or dates and locations for which a Parking Permit or Licence is valid.

PML will charge Parking Permit fees as deemed appropriate. Failure to pay applicable fees within set timeframes will result in the permit being revoked and deemed invalid.

PML-issued Parking Permits are non-transferable and must be re-issued should the Parking Permit or Licence for a parking bay change hands.

For any Parking Permit or Licence which PML grants to a Person, either PML or that Person may revoke that Parking Permit or licence by giving 30 days’ written notice.

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Page 45 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

PML may revoke a Parking Permit or Licence with less than 30 days’ notice if these Market Rules are breached by a Person who holds that Parking Permit or Licence.

If PML revokes a Parking Permit or Licence, refunds or partial refunds may be granted at the absolute discretion of PML.

Each holder of a parking permit or licence must hold a current Market City Access Card as issued by PML.

17.7 Articulated Vehicles

Each Person who drives or brings an Articulated Vehicle into the Market City Site must not park that Articulated Vehicle, detach that Articulated Vehicle’s Trailer or container, or park, stand or leave that Trailer or container in the Market City Site without the prior Approval of an Authorised Officer, and then only at such places or pursuant to such conditions as approved for that purpose by PML and after having paid any prescribed fee and received a permit from PML for the right to do so.

PML is authorised without notice to tow away or otherwise move the articulated vehicle or Trailer parked in a manner contrary to these Market Rules to a location within the Market City Site (or elsewhere, as determined by PML in its sole discretion) and indemnifies the PML in respect of any Claim for damages and agrees to pay all Costs resulting from the moving, storage or other disposal.

The parking of any Trailer on any Road or hardstand area within the Market City Site must be done in a manner which does not damage the surface of the Road or hardstand. This includes, for example, the placement and use of wooden supports of sufficient strength to bear the weight under Trailer legs, and the removal of the same after use.

17.8 Removal of notices prohibited

A Person other than the driver, owner or other Person in charge of a Vehicle which has a Market Rule Infringement Notice or other notice left in or on that Vehicle by an Authorised Officer, must not remove that Market Rule Infringement Notice or other notice.

18 Maintenance Rules

PML, as the owner of the Market City Site is responsible for repairs, maintenance and annual building compliance activities for PML assets. Tenants may undertake maintenance on Tenant-owned assets subject to complying with the provisions of their Lease, the Market City Site’s General Conditions of Entry and these Market Rules.

PML may interrupt any Market Service to undertake repairs, maintenance or the construction of additions to the Market City Site. Where possible, PML will give reasonable notice and attempt to minimise the inconvenience to affected Tenants and Market City Site users.

PML may carry out any works in the Market City Site or on the Land including, but not limited to, alterations, additions, refurbishment and redevelopment and may in the course of any works:

1) construct improvements on the Common Areas; 2) add further additions or structures to the Market City Site; 3) alter the Car Parking areas; and 4) reduce the size of the Common Areas or the Car Parking areas.

PML may also charge an administration fee reflective of the costs to coordinate, procure, supervise and document the repairs and maintenance.

PML requires all Contractors to undertake an induction and complete relevant permits to work on the Market City Site.

PML may refuse Contractor access due to any non-compliance with these Market Rules or if other Market City Site activities are assessed as a higher priority at the time of requesting access.

Contractor access to the Market City Site will be limited outside of standard weekday working hours unless directed or approved by PML.

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Page 46 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

Tenants remain responsible for the conduct and compliance of their Contractors whilst on site.

19 Waste Management

19.1 Use of Waste Transfer Facility

19.1.1 General

PML owns and operates a Waste Transfer Facility (WTF) on the Market City Site which is primarily for use by Tenants.

PML will determine and communicate to Tenants Operating Hours for the WTF. All Waste must be delivered to the WTF within the set Operating Hours. The delivery of Waste outside of the Approved Operating Hours is prohibited.

PML will set fees and charges for the WTF, including any surcharges as are deemed necessary for the efficient operation of the WTF.

Users of the WTF must have a billing account set up with PML.

Non-Tenants cannot utilise the WTF without prior written Approval from PML.

All Waste must be delivered to the delivery point within the WTF designated by PML. The leaving or dumping of Waste outside of the WTF is prohibited, regardless of whether the Waste is correctly labelled to the Tenant delivering the waste.

19.1.2 PML issued WTF Bins

PML will provide bins on loan for Tenants who utilise the WTF.

Tenants must correctly segregate Waste to the appropriate colour coded WTF bin.

Market City Site users must not utilise PML bins for any other purpose other than the segregation, storage and delivery of Waste to the WTF.

PML may charge Tenants for the replacement of bins which are damaged whilst in their possession.

Tenant loaned WTF bins may be kept outside of the Tenancy Area when open and operating but confined within the Tenant Awning Area. Tenant loaned WTF bins must be kept within the Tenancy Area when the tenancy has ceased operating and is closed.

PML may determine locations in which Tenant loaned WTF bins are to be and are not to be located. Tenants are required to re-locate Tenant loaned WTF bins on request from an Authorised Officer and within any timeframe set by an Authorised Officer. Failure to do so may result in PML re-locating the WTF bins at the Tenant’s cost.

19.2 Littering, dumping

Each Person must not deposit or dispose of rubbish or Waste in any area of the Market City Site or the Land other than in a bin or other receptacle provided for that purpose.

Each Person must not display, place or leave any bins, pallets or other material on any Designated Walkway, Pedestrian Crosswalk, Road or the Common Area.

PML may remove and dispose of any Waste, rubbish, bins, pallets or other material that it deems to have been dumped or abandoned.

PML may charge a disposal and administration fee reflective of the Costs to coordinate and dispose of any dumped or abandoned material.

19.3 Tenant bins

The primary industrial Waste receptacle on the Market City Site is PML owned WTF bins. These bins are provided on loan to Tenants who utilise the WTF.

All other Tenant Waste bins must be specifically designed for the storage of Waste and must be approved by PML.

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Page 47 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

Tenant front lift Waste bins may be kept outside of the Tenancy Area when open and operating but confined within the Tenant Awning Area. Tenant front lift Waste bins must be kept within the Tenancy Area when the tenancy has ceased operating and is closed.

PML may determine locations in which Tenant bins are to be and are not to be located. Tenants are required to re-locate Tenant bins on request from an Authorised Officer and within any timeframe set by an Authorised Officer. Failure to do so may result in PML re-locating the bin at the Tenant’s Cost.

Tenants must ensure that their Waste bin remains closed at all times when not in use and take all reasonable steps, including the regular cleaning or replacement of the bins, to reduce the impact of pest birds and other pest infestation.

Tenants must ensure all Waste dumped within bins remains within the bin. Any Waste or residue on the ground surrounding a bin must be cleaned up immediately, otherwise it will be considered littering and a breach of the relevant Lease or these Market Rules or both.

All Tenants must clean their Tenancy Area and adjacent areas and remove all Waste and other rubbish at the end of each Business Day.

19.4.1 Destruction of produce unfit for sale

Where it appears to an Authorised Officer, that any general Produce or other Goods or merchandise brought into the Market City Site or exposed for sale within the Market City Site are unfit for sale, the Authorised Officer may direct the Tenant or site user of the Premises whereon the general Produce or Goods or merchandise are offered for sale to cause the same to be destroyed or removed from the Market City Site.

20 Environment

20.1 General

All Persons are required to comply with all relevant environmental regulations, legislation and guidelines in addition to any directions from an Authorised Officer.

Each Person, while in the Market City Site, must:

1) comply with and observe all laws and requirements of the appropriate local, state and federal governments, any other Government Authority and PML relating to the environment and environmental practices, hygiene, water usage and the general presentation and cleanliness of any relevant Tenancy Area and the Common Area; and

2) act in a way and carry on any activity in such manner so as to ensure: (a) the protection of the environment from harm or degradation; (b) the protection of the health of any Person; (c) the prevention, control and abatement of pollution or contamination and their effects; and (d) the use of best practices for the regulation of Waste, Waste generation and Waste

disposal. Best practices are applied for the regulation of discharges of Waste into the environment.

Each Tenant must not cause or permit:

1) any noxious or offensive odour or smell to be created in or about their Tenancy Area;

2) any rodents or insects (including, but not limited to rats and cockroaches) or other pest to harbour within their Tenancy Area;

3) dispose of any Waste in any sewer, sink, drain or pipe in the Tenancy Area or in the Market City Site except in the places and in the manner designated by PML for that purpose;

4) in relation to the Sale of food or food products, breach any relevant laws in regard to the safety of food;

5) interfere with or remove any food Waste from the Market City Site unless authorised to do so by PML or an Authorised Officer and otherwise in the manner that may be designated by PML or an Authorised Officer, and subject to the appropriate fee, if any, being paid;

6) allow Waste liquids, materials or hazardous substances to enter the storm water system or cause any other unlawful environmental impact; and

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Adopted by PML on April 1st 2016

7) except as permitted by PML in writing, store within the Premises or any other part of the Market City Site any chemical or inflammable gas, fluid or substance.

Each Tenant must not store:

1) Insulated Sandwich Panels inside its Tenancy Area; 2) Insulated Sandwich Panels on any part of the Common Area including under awnings without

PML’s prior written consent and only then if the Insulated Sandwich Panel is stored in compliance with the conditions of PML’s consent; and

3) any pallets outside its Tenancy Area after business hours.

20.2 Dangerous Goods

All Dangerous Goods on the Market City Site must be managed and handled in accordance with the relevant guidelines, regulations, legislation and Australian standards, including the accurate holding of a MDSS and the production of these documents on request by an Authorised Officer.

Tenants and Market City Site users are required to inform PML when any change occurs to their Dangerous Goods holding on the Market City Site.

Tenants and Market City Site users are required to seek and obtain written PML Approval to bring and hold any Dangerous Goods on the Market City Site.

PML may restrict the type and quantity of any Dangerous Goods allowed on the Market City Site as it deems necessary.

20.3 Spillage

Each Person must:

1) not drive a Vehicle in the Market City Site or effect an emergency repair to a Vehicle without taking adequate precautions to prevent Waste, oil or grease from the engine, motor or other part of the Vehicle spilling or dropping upon a Road or other part of the Market City Site;

2) immediately report to an Authorised Officer the spillage of any Waste, oil, fuel, grease or other contaminant of any kind (Spillage) at the Market City Site and take immediate necessary steps to control and contain the Spillage; and

20.4 Wash down

Tenants and Market City Site users must not wash down any equipment or general Produce in the Common Area without written Approval from PML.

The wash down of equipment or general Produce is only to occur in areas specifically designed for such a purpose and at the times specified by PML. For clarity, Tenancy Areas are required to be fitted with Australian Standard compliant industrial Waste separation devices for any wash down activity to occur within a premises.

PML may charge a fee for the usage, maintenance and cleaning of such facilities.

21 Saturday Clearance Market

21.1 General

PML may set days and times for a Saturday Clearance Market to be held in the CTA or other area of the Market City Site as is deemed necessary.

PML may restrict tenant access in around CTA Tenancy Areas or any other part of the Market City Site in order to operate the Saturday Clearance Market.

PML may restrict the days, times and location of Forklift and other Vehicle movement and their access in around CTA Tenancy Area or any other part of the Market City Site in order to operate the Saturday Clearance Market.

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Page 49 of 59 PML Board Approved, 28 January 2016

Adopted by PML on April 1st 2016

Adopted by PML on April 1st 2016

PML may apply fees and charges to Tenants, Market City Site users and the General Public as part of the operation of the Saturday Clearance Market.

PML may alter traffic conditions, traffic management, signage and parking arrangements as part of the operation of the Saturday Clearance Market.

21.2 Minimum quantities

Wholesalers may Sell unsold Goods and Produce in quantities and packaging that facilitates the clearance of the unsold Goods and Produce to the General Public.

22 Sunday market

PML operates a Sunday market. PML may charge fees and designate General Conditions of Entry for both stallholders and the General Public in order to operate a safe and efficient Market.

22.1 Stallholder conditions of entry

The following conditions of entry apply to all Sunday market stallholders: 1) a reference to PML includes its Authorised Officers, employees, Agents and Contractors; 2) if any Person breaches any of these conditions of entry that Person may be denied entry to

the Sunday market or ordered to leave the Sunday market immediately; 3) at the time of booking a stallholder will be required to provide their name, address, phone

number and email contact and proof of identity may be required; 4) stallholders must produce their booking ticket on request by an Authorised Officer within the

Sunday market; 5) stallholders must follow any instructions given to them by an Authorised Officer or by any other

Person who identifies themselves as validly representing PML; 6) stallholders must not enter the Sunday market before 3.30am or after 6.45am and stallholders

who fail to occupy their bay by 6.45am may be re-allocated a bay; 7) Forklift movement is prohibited between 5:00am and 3.00pm and all Vehicle movement is

prohibited between 6.45am and 1.00pm; 8) stallholders must leave the Sunday Market by 3.00pm; 9) stallholders must only use their allocated bay and all property belonging to that stallholder

must be located within the bay lines marked on the ground of their allocated bay; 10) stallholders must not display, offer to Sell or Sell anything which is illegal including counterfeit

merchandise. PML will report the sale of any illegal item to the relevant authorities; 11) without limiting this rule 22.1(10), stallholders must not display, offer to Sell or Sell any of the

following items: a) prohibited items; b) animals other than those animals listed in rule 22.1(11); c) weapons (real or imitation) including pepper sprays; d) alcohol, tobacco and smoking implements; e) drug paraphernalia, or materials supporting the use of illegal drugs; f) pornographic material; g) racist material; h) political material; i) flammable Goods; and j) pirated CDs, DVDs or tapes;

12) subject to this rule 22.1(10) and (11), stallholders may offer to Sell or Sell pet fish, caged birds, and pet accessories;

13) the use of portable generators is prohibited throughout the Market City Site; 14) stallholders must allow an Authorised Officer or any other Person who identifies themselves

as validly representing PML to inspect the items that a stallholder brings into the Sunday market for Sale;

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Adopted by PML on April 1st 2016

15) stallholders must leave their allocated bay and surrounding areas clean and tidy at the close of the Sunday market and anything that a stallholder leaves behind will be deemed abandoned and will be disposed of by PML at the stallholder’s risk;

16) stallholders must comply with these Market Rules and the Perth Market By-laws when that stallholder is in the Sunday market;

17) the Sunday Market may be closed without notice in an emergency and all stallholders must leave behind their Vehicle, the stall and all items for Sale, without being permitted to return to collect them until it is safe to do so;

PML recommends that stallholders have appropriate public liability insurance.

In addition to this rule 22.1(1) – (17), the following conditions of entry apply to food and beverage stallholders:

18) stallholders must hold appropriate licences, permits or Approvals for the Sale of food and beverages as required by the relevant shire or local authority and produce such Approvals on request;

19) all stallholder equipment must be safe and the use of the following equipment is prohibited: a) deep fryers; b) hot drink preparation equipment; and c) portable generators; and

20) stallholders must bring adequate bins and bin liners to manage and remove that stallholder’s waste.

22.2 General Sunday market conditions of entry

Any member of the General Public attending the Sunday market are required to take reasonable care for their own safety, follow safety signage and directions and are not to adversely affect the safety of others.

Any member of the General Public attending the Sunday market must confine themselves to the area of the Sunday market only and are not to leave the Sunday market area and attend other parts of the Market City Site normally closed to the General Public.

Any member of the General Public attending the Sunday market are required to follow directions from an Authorised Officer, including instructions to leave the Sunday market when requested.

Any member of the General Public attending the Sunday market must not engage in aggressive, abusive, anti-social behaviour or any illegal activity.

PML reserves the right to refuse entry or impose a banning period on any Person who has, or who is suspected to have, engaged in any aggressive, abusive, anti-social behaviour or any illegal activity.

22.3 Bay booking rules

PML will set and publish bay prices as approved by the PML Board. PML will set rules for booking and occupying Sunday market bays as is deemed necessary.

Bookings may be made in advance. Bookings on the day is subject to availability of bays and only when the ticket office is staffed.

To book and hold any bay in advance, the entire booking must be paid for.

Booking in advance can be made for:

1) one week in advance; 2) all of the remaining Sundays in a month; 3) the last Sunday of the month; or 4) all of the Sundays in a following month.

Should any discrepancies arise with the regard to booking dates and locations, PML’s decision will be final.

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PML may hold a bay booking waiting list from time to time, as demand dictates.

PML reserves the right to re-sell any booked bay that is not occupied by 6:30am on a Sunday morning.

Provided there has been no breach of the General Conditions of Entry or these Market Rules, stallholders will be able to re-book their bays on the last day of the stallholders booking period.

To re-book the same bay at the end of a booking period, a stallholder must re-book by 1:00pm on the last Sunday of the current booking period.

If a re-booking does not occur prior to 1:00pm on the last Sunday of any booking period, then that bay is available for PML to book to others in accordance with these booking rules.

Refunds are not available:

1) for a change of mind; 2) for cancellation due to wet weather; and 3) if a stallholder is requested to leave the Sunday Markets for breaching the General Conditions

of Entry or these Market Rules.

A change to bay location or the booking timeframe may be agreed, subject to availability, by the ticket office cashier.

If any disputes arise over a particular right to use a particular bay then:

1) the last name booked into PML’s point of sale system takes precedence, and 2) compensation to any aggrieved Person is restricted to being offered:

a) an alternative value of similar or less cost (which must be paid for); or b) a refund (if payment has been accepted by PML).

23 Fees and charges

PML will set fees and charges as it deems necessary for the sustainable operation of the Market City Site.

PML may determine and apply to any Market City Site user a surcharge to undertake any activity or service on the site which is a direct result of that Market City Site user breaching the General Conditions of Entry, the Perth Market By-laws or these Market Rules.

23.1 Setting fees and charges

In general, PML reviews and sets fees and charges on an annual basis. PML may apply new fees outside of this cycle should the cost of its services or operations substantially change during the period.

23.2 Communicating fees and charges

PML will communicate fees and charges via various means, including:

1) formal communications; 2) at the point of acquiring a service for a which a fee is applicable; 3) by publishing on PML’s webpage; and 4) holding a copy of all approved fees and charges at the PML Administration office for viewing

by site users.

24 Enforcement

24.1 Remedial and enforcement actions

24.1.1 Breaches of the Perth Market Act and Perth Market By-laws

In the event that a Person breaches the Perth Market Act or Perth Market By-laws all actions to issue, administer and deal with the breach shall be in accordance with the relevant legislation or regulations and subject to any other directions or process from the appropriate Government Agency.

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24.1.2 Breaches of these Market Rules

In the event that a Person breaches any obligation or condition of these Market Rules, PML may, without limiting any other rights:

1) require that Person to pay all Costs incurred by PML as a result of a Person breaching these Market Rules;

2) impose a Limited Exclusion against that Person for such period as determined by PML in its absolute discretion;

3) impose a Full Exclusion against that Person for such period as determined by PML in its absolute discretion (which may, for the avoidance of doubt, be permanent);

4) vary the terms of that Person’s access to the Market City Site; 5) issue a formal verbal or written warning through an Authorised Officer; 6) withdraw PML’s consent for that Person to operate a Forklift or other Vehicle on the Market

City Site (regardless of any valid licences for such Vehicles that that Person holds); 7) tow Vehicles off the Market City Site at the Cost of that Person who brought the Vehicle onto

the Market City Site or who owns that Vehicle where that Vehicle is not driven, operated or parked in compliance with these Market Rules;

8) arrange for the removal and disposal of rubbish and other Waste from the site at the Cost of the Person who is responsible for the rubbish or other Waste; or

9) do any combination of these things.

24.1.3 Liability

If a Person who has breached these Market Rules is a:

1) Tenant Employee; 2) subtenant, licensee or Contractor of a Tenant; or 3) an employee of any subtenant, licensee or Contractor of a Tenant,

then that Tenant is jointly and severally liable with the Person who is in breach of these Market Rules.

24.1.4 Exclusion

For the purpose of this rule 24.1.4, any reference to a Tenant is a reference to that Tenant or:

1) a Tenant Employee; 2) a subtenant, licensee or Contractor of that Tenant; or

3) an Employee of any subtenant, licensee or Contractor of that Tenant,

as the context requires.

Where a Tenant is found to have breached these Market Rules on multiple occasions or is deemed to have conducted a serious breach of one or more Market Rules then PML may proceed with a Limited or Full Exclusion from the Market City Site for a period of time as determined by PML. The general process to determine if an Exclusion will apply is as follows:

4) after a review of the facts, the breaching Tenant will be issued a Market Rule Infringement Notice or otherwise informed that they are in breach of these Market Rules;

5) that breaching Tenant will be informed in writing, where possible, of PML’s intention to apply a Limited or Full Exclusion and set a timeframe for that Tenant to show cause in writing as to why the Limited or Full Exclusion should not be applied;

6) after a review of the Tenant’s response, PML will review all available facts, including witness statements if deemed necessary, and make its determination;

7) PML will inform that Tenant of the outcome of the proposed Exclusion, including the effective dates (if an Exclusion is to be applied) in writing, where possible;

8) that Tenant’s Access Card will be deactivated (and possibly confiscated) and PML’s consent for that Tenant to enter the Market City Site will be withdrawn for the duration of the exclusion period; And

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9) once the exclusion period expires, that Tenant must apply in writing, unless otherwise specified, for permission to reactivate their Access Card and seek PML’s consent to enter and remain in the Market City Site.

PML may issue a Limited Exclusion to a specified area of the Market City Site for any length of time that is deemed necessary. Alternatively, PML may issue a Full Exclusion covering the entire Market City Site for any length of time that is deemed necessary, including permanently.

24.2 Market Rule Infringement Notices

24.2.1 Perth Market By-laws Infringement Notices

Where a Market City Site user is issued an Infringement Notice under any provision of the Perth Market By-laws then the content of, and all actions to issue, administer and deal with that Infringement Notice shall be in accordance with the relevant legislation or regulations and subject to any other directions from the appropriate Government Agency.

25 Definitions

In these Market Rules, unless the context otherwise requires, the following definitions apply:

Access Card means a card or permit issued by PML to a Person entitling that Person to enter the Market City Site at the times and on the conditions determined by PML.

Agent means:

1) (as defined in section 1A of the Perth Market Act 1926) a person who carries on the business of acting for or on behalf of another person in the selling of general produce whether such sale is by auction or otherwise; or

2) for the purpose of rule 3.5, any agent, employee, licensee, contractor or invitee.

Approval(s) means all conditions of Approval or consent, requirements, notices, orders or directions of any Government Agency including the Perth Market By-Laws made pursuant to the provisions of the Perth Market Act and any other legislative or Australian standard requirements.

Articulated Vehicle means a combination of a prime mover and a Semi-trailer, or a multiple Trailer

configuration.

Authorised Buyer means a Person or an employee of that Person to whom PML has issued a current Access Card to conduct buying activities at the Market City Site during the Authorised Buyer Access Hours.

Authorised Buyer Access Hours means the hours determined by PML during which an Authorised Buyer may access the Market City Site or to selected buildings or locations within the Market City Site.

Authorised Officer means:

3) the CEO; or

4) a PML Employee or Contractor or other Person appointed by PML to be an Authorised Officer or Market Officer, as the case may be.

Authorised Person means a Person (other than the CEO or a PML Employee) authorised by PML for a purpose set out in these Market Rules.

Awning Area means the Common Area below the awning fixed to the building which hangs above

the Premises.

Awning Licence Fee means the licence fee (if any) payable as determined by PML from time to time.

Board means the board of directors of the PML.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which Banks are open for general banking business in Perth.

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Adopted by PML on April 1st 2016

Buyer means a Person who buys Produce from Wholesalers, Growers or Grower Agents.

Buyer with Warehouse Facilities means a Buyer who leases Warehouse premises within the Market City Site from the PML and who is not, for the purposes of these Market Rules, a Grower, a Grower Agent, or a Wholesaler.

Car Park or Car Parking means (if provided by PML) the part of the Market City Site for the parking of motor vehicles and access to the part of the Land used to enter and exit that part of the Market City Site.

CEO means the Chief Executive Officer.

Central Trading Area or CTA means that part of the Market City Site as identified on the plan in

Annexure?

Chief Executive Officer means the Manager (being the person appointed by the Authority under section 10 of the section 3 of the Perth Market Act 1926.

Claim means a demand, action or proceeding of any nature whether actual or threatened.

Commencing Date means the date specified in a Tenant’s Lease.

Commercial Centre means that part of the Market City Site as identified on the Site Map (Section 26).

Common Area(s) means an area within the Market City Site that is intended for use by the General Public or for use in common by Tenants of Premises in the Market City Site in connection with the conduct of business at Premises in the Market City Site and includes all stairways, escalators elevators, malls, walkways, traffic ways, parking areas, toilets, restrooms, gardens and fountains which PML intends for common use.

Commercial Vehicle means a load-bearing Vehicle built and used predominantly for carrying or hauling Goods. For the purposes of these Market Rules, sedans, station wagons, four wheel drives, utilities or other passenger Vehicles are specifically excluded from being regarded as a 'Commercial Vehicle'.

Community Market means the market where the General Public who book a bay in the CTA to sell new and second hand Goods to the General Public.

Contractor means a Person who is providing or intends to provide services on an ad hoc, repeat or

regular basis to PML, Tenants or Persons within the Market City Site.

Cost means the amount of Loss and damage suffered by PML as a result of a Person breaching the

Market Rules.

CTA means the Central Trading Area.

Dangerous Goods means those substances are classified as dangerous goods in the Australian

Code for the Transport of Dangerous Goods by Road and Rail (ADG Code). The ADG Code contains a list of substances classified as dangerous goods.

Designated Parking Area means an area on a road or other part of the Market City Site that is

defined by an Official Sign or bulletin to be a Designated Parking Area.

Designated Storage Space or Designated Storage Display Area means a space in the Market City Site that is defined by an Official Sign or bulletin to be a Designated Storage Space or Designated Storage Display Area.

Designated Walkway means that part of a Road or other part of the Market City Site set apart for use by Pedestrians and every pavement, thoroughfare or other part of the Market City Site officially used by Pedestrians and not by Vehicles, or which is defined by an Official Sign or bulletin to be a Designated Walkway.

Fire Detection and Prevention Equipment means all stop-cocks, hydrants, alarms, indicator panels, drench curtains, fire sprinkler systems, hoses, extinguishers or other fire prevention equipment in or

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serving the Market City Site or where used in relation to the Premises refers to the equipment as is contained in the Premises.

Forklift means a Vehicle equipped with Pallet forks that is used for loading, unloading and

transporting palletised Goods by a Forklift Operator.

Forklift Insurance Policy means a Policy of insurance for a Forklift insuring against liability for personal injury and property damage caused by, through or in connection with the Forklift in the Market City Site and irrespective of whether the Forklift is, or is not required to be, registered under any law.

Forklift Operator means a Person who operates or drives a Forklift and holds a valid High Risk Work Licence.

Full Exclusion means the exclusion of a Person from the Market City Site such that that Person will be prohibited from entering the Market City Site and will have any Access Card issued to them cancelled or deactivated for the duration of the exclusion period.

General Public means all members of the public (other than a Tenant, Tenant Employee, Authorised

Buyer, Grower or Visitor).

General Public Access Hours means the hours determined by PML from time to time during which

the General Public may have access to the Market City Site on a Trading Day.

General Conditions of Entry are the conditions as sign posted or otherwise communicated by the PML, subject to variation by PML from time to time.

Goods means fruit, vegetables, flowers or other products which are warehoused and distributed at

the Market City Site from time to time with the prior consent of PML including any commodity sold or dealt with by a Wholesaler, Buyer or Grower.

Government Agency means:

1) a government or government department or other body; 2) a governmental, semi-governmental or judicial person including a statutory corporation; or 3) a person (whether autonomous or not) who is charged with the administration of a law.

Grower means a Person who has grown Goods for the purpose of Selling the same.

[High Risk Work Licence means a High Risk Work Licence issued by the Department of Commerce.

Insulated Sandwich Panel means a panel formed by sandwiching insulating material with bonded

metal sheeting which is then used to generally seal and insulate areas.

Industrial Part means the section of the Market City Site segregated by the fence separating the

Wholesale Retail Building, Tavern, and Service Station as outlined in the Map (Section 26).

Land means the land on which PML and the Market City Site sits and specified in Certificate of Title Volume 2129-88 Folio 1832-28 Plan 16227.

Lease means a legal agreement entered into with PML entitling the Tenant to a right of use of Land or other Premises of PML .

Lessee (Tenant) means a Person to whom PML has granted a Lease over a portion of the Land or premises.

Licence means a right of occupation or use of a specific area of the market granted in writing by the

PML.

Licensee means a Person who holds a valid License with PML.

Licensed Area means a part of the Market City Site over which PML has granted a Licence to a

Licensee for activities in connection with the Permitted Use of the Licence.

Limited Exclusion means the exclusion of a Person from entering specified parts of the Market City

Site during specified times for a specified duration. A Limited Exclusion can also apply to the

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withdrawal of PML’s consent for a Person to operate a specified type of Vehicle (including cars, trucks and Forklifts) but that Person may still continue to enter the Market City Site utilising Pedestrian access for the duration of the exclusion period.

Loss means any liability, cost, expense, loss or damage. In relation to a Claim, Loss includes amounts

payable on the Claim and (whether or not the Claim is successful) legal and other professional costs and disbursements on a full indemnity basis.

Market Officer means the Person referred to in the definition of Authorised Officer.

Market City Site means the Land and all buildings and improvements on the Land including, but not limited to, the CTA, Warehouse Buildings, Wholesale/Retail Building, Commercial Centre, Roads and Car Parks, otherwise known as Market City and includes all PML Property and the Market Services.

Market Service means all services supplied to or in the Premises such as gas, water, drainage, exhaust systems, electricity, sprinkler heads, heating and lighting, lift services, electrical services (including electrical power supply), hydraulic services and mechanical services (including the air conditioning system) and includes PML’s Property.

Market Rules means these rules, including any annexures, schedules, amendments and variations

made by PML from time to time.

Market Rules Infringement Notice means notification of a breach of the Market Rules.

Motor Vehicle means a Vehicle built to be propelled by a motor that forms part of the Vehicle.

Official Sign means any sign, signal, marking, light, or other visual device placed or erected by PML in the Market City Site or contained in a bulletin, regulating the use of the Market City Site, the movement of Persons and Vehicles or any other matter relating to the Market City Site.

Operating Hours means the time set and published by PML from time to time as to the Approved hours of operation and trading within the CTA and Weekend Markets.

Orange Access Card mans an Access Card provided to CTA Tenants only, allowing access to the CTA before the Approved CTA trading times.

Pallet Jack means material handling equipment consisting of Pallet forks on small wheels that is used in a Warehouse to move palletised Goods. A Pallet Jack may be a motorised unit guided by an operator who stands on a platform; or it may be a motorised or manual unit guided by an operator who is walking behind or beside it.

Parking Permit means a permit to park a Vehicle or Vehicles on the Land, in a form approved by the CEO from time to time.

Pedestrian includes any natural Person walking, running, standing, sitting or being otherwise in or upon the Market City Site and not inside any Vehicle.

Pedestrian Crossing means a place that is marked with horizontal line markings which indicate that

Pedestrians are permitted to or advised to cross a Road safely.

Permitted Use means:

1) In the case of a Wholesaler, the right to sell Produce wholesale to any Person from Premises within the Market City Site which are either Leased or occupied under a Licence by the Wholesaler;

2) In the case of a Buyer who does not have Warehouse facilities, the right to purchase Produce in the Market from a Wholesaler, a Grower or a Grower or Agent, so long as the Wholesaler, Grower or Agent holds either a Lease or a Licence in respect of Premises within the Market City Site; or

Person includes any Person, company, corporation, body corporate, association, firm, business or

partnership accessing or present in the Market City Site.

Perth Market Act means the Perth Market Act 1926 (WA) as amended or varied from time to time.

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Perth Market By-Laws means the Perth Market By-Laws 1990 (WA) as amended or varied from time to time.

[PML means the Perth Market Limited, trading as Market City ABN 74 807 298 316 its successors and assigns.

PML Employee means each Employee engaged by PML.

PML’s Insurance Provider means the company or companies that supply insurance in respect of PML’s business operations including without limitation public risk liability and infrastructure.

Policy or Policies means the Policies issued and implemented by PML for the Market City Site from

time to time to manage the site and its business operations.

Premises means the part of the Market City Site as described in any Lease or Licence, extending to:

1) the internal surface of external walls and of internal structural walls; 2) the internal surfaces of the ceiling and of concrete or other floors; 3) the central line of partitions separating the Premises from adjoining Premises;

4) the external surfaces of partitions and doors separating the Premises from Common Areas or from premises not intended to be Leased; and

5) the internal surfaces of glass contained in external windows; 6) all internal partitions, windows and window frames, doors and door frames, which are fully

within the Premises; 7) any finishes on walls, floors, ceilings, partitions, doors and windows included in the Premises,

including paint, wallpaper and other materials; 8) any PML property located in the Premises; and 9) pipes and connections to water, sewerage, electricity, gas, telecommunications, air

conditioning and other services and supplies that are situated within the Premises and which service the Premises but no other part of the Market City Site.

Private Vehicle means a Vehicle built primarily for the conveyance of private Passengers.

Produce means fruit (including dried fruit), vegetables, flowers, nuts and other horticultural produce.

Regulations means these Market City Rules, including any annexures, schedules, amendments and variations made by PML from time to time, and federal or state legislative regulations applicable to the use of the Market City Site and PML’s operations.

Remedial Actions means the action(s) taken by PML in respect of any breach of the Market Rules.

Road means a Road or that portion of a Road or other roadway set aside for use by any Vehicle and

is not intended to exclude the use of the same by Pedestrians as necessary.

Safety and Emergency Procedures means those plans and procedures as set out in Australian Standard 3745-2010 — Planning for Emergencies in Facilities.

Sell or Sale includes:

1) barter or exchange; 2) agree to Sell, barter or exchange; 3) offer or expose for Sale, barter or exchange; 4) send, forward or deliver for Sale, barter or exchange; 5) have in possession for Sale, barter or exchange;

6) cause or suffer to be sold, bartered, exchanged, offered for Sale, exposed for Sale or sent, forwarded or delivered for Sale, barter or exchange;

7) attempt to Sell, barter, exchange, expose for sale or send, forward or deliver for Sale, barter or exchange; or

8) any combination of the above.

For the purpose of this definition, “Sale” includes a Sale that takes place from a Tenancy Area or at a location inside Market City Site.

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Selling Floor Tenant means a Tenant with an authorised PML Tenancy Agreement (Lease) within the CTA.

Sign includes any poster, placard, notice, signboard, bulletin or Sign of any kind approved by PML, and includes any lines, words, figures or symbols painted or marked on the surface of a Road or other part of the Market City Site.

Tenancy Agreement means a Lease or Licence between PML and a Tenant for the occupation and use of premises or space in the Market City Site.

Tenancy Area means an area of Land or building in the Market City Site that is used or occupied by a Tenant under a Tenancy Agreement (Lease).

Tenant means any Person holding a Tenancy Agreement (Lease) at the Market City Site for carrying

on business and includes any Tenant Employee and any sub-Tenant or Licensee of the Tenant.

Tenant Employee means a Person who is an employee, officer, manager, Agent, Contractor or invitee, visitor or guest of a Tenant.

Trading Day means every day on which the CTA is open for trading as stipulated by PML from time

to time.

Trading Hours means the times during which the CTA is open for trading on each Trading Day as

stipulated by PML from time to time.

Trailer means any Vehicle without motor power attached or designed for attachment to another Vehicle, but does not include an Articulated Vehicle.

Transporter means a Person engaged in transportation of Goods and includes any employee, officer and Agent of that Person.

Vehicle means any articulated vehicle, cab, car, carriage, cart, lorry, Motor Vehicle, Forklift, tractor or traction engine, Trailer, trolley vehicle, truck, van, wagon, motorcycle, bicycle, tricycle or other means of transport or conveyance designed for movement upon wheels whether or not such Vehicle is or is not capable of being operated or used in a normal manner.

Visitor means a Person who enters the Market City Site for the bona fide purpose of visiting the

Market City:

1) including Service Providers, Transporters and Growers for the purposes of these Market Rules;

2) but excluding any Tenant, Tenant Employee, Authorised Buyer, Contractor and member of the General Public.

Waste means any discarded, rejected, unwanted, surplus, discharged or abandoned liquid, material, product, Goods, rubbish or other similar substance.

Warehouse means premises designated by PML for the storage and distribution of Produce.

Warehouse Buildings means collectively those buildings forming part of the Market as identified in the Site Map (Section 26).

Wholesaler means a Person who is a Wholesaler of Produce in the Market City Site and who is a Tenant holding a Lease with PML which contains the Permitted Use of a Wholesaler but who is not a Buyer with Warehouse facilities, a distribution centre Tenant, a Grower or an Agent.

Wholesale/Retail Building means that building forming part of the Market and as identified on the

Site Map (Section 26).

Weekend Markets means the Wholesale Clearance Market and the Community Market.

Wholesale Clearance Market means the market where Tenant Wholesalers and Selling Floor Tenants Sell the Goods and Produce to the General Public on Saturdays.

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26 Maps

Please refer to the following attached Site Map.

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1003

15

38°5

3'1

5"

26 MAPS

243

1004 916m²

WATER CORPORATION

252 204

9002

CITY OF 90°1' 1005

CANNING WATER

90°

gate house

CORPORATION

top of roof RL:34.13

water

tank

water tank

15

243 WATER

CORPORATION

gate house

14.14

30

10

top of roof RL:36.18

top of roof RL:39.48

30

10

30

30 10

10

10

WATER

1003

FRESH

GAS CYLINDERS

CORPORATION

IDEAS WASTE

colorbond patio

Sunday Market Entrance 10

10 10

TRANSFER STATION

construction site office

limestone hardstand

30

bus stop

10

243 WATER

CORPORATION

Ring Road

Industrial Part

1002

50.8441ha 17

SERVICE LEGEND

WATER DRAINAGE POWER TELSTRA

STOP VALVE

HYDRANT

FIRE HOSE / REEL

WATER TAP

WATER MARKER wm

WATER METER

SW MANHOLE

GRATE

SIDE ENTRY PIT

UNDEFINED MANHOLE

SEWERAGE SEWER MANHOLE

CONSUMER POLE

POWER POLE

LIGHT POLE

STAY POLE

S.WIRE ANCHOR

U.G CABLE BOX

swa

TELSTRA MARKER

TELSTRA PIT

TELSTRA M/H

GAS GAS MARKER

GAS METER

tm

tmh

g 30

SERVICE RECORD

STATUS

SERVICE

TREE SPECIES

BANKSIA

DEAD TREE

GRASS TREE

INSPECT. SHAFT is

INSPECT. OPENING

LINE STYLES

CABLE M/H

CABLE DOME

FEATURES

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SURVEY

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52.87 SEWER

GAS

PALM TREE

PAPER BARK

SEWER LINE

TOP OF BANK

ROAD CENTRELINE

TOP OF WALL

STREET SIGN

CLOTHES HOIST

PEG FOUND pf

PEG DISTURBED pd TELSTRA

PEPPERMINT

BASE OF BANK POWER LINE

FENCE

30

10

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24

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89

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269°5

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80

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Page 61: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

BASE OF

KERB TOP

OF

KERB

BUILDI

NG

LINE

PEG GONE pg CONTROL POINT

BORE COVER GATE DATUM

Page 62: PERTH MARKETS LIMITED (PML) SITE RULES · PERTH MARKETS LIMITED (PML) SITE RULES JANUARY 2016 Perth Markets Limited (Market City) Phone: (08) 9456 9200, 7.30am to 5:00pm Business

1008 WATER CORPORATION

POWER U/G

O/H

NOTE: Services marked 'CONFIRM'

PINE TREE

SHE OAK

BOUNDARY STEEL BARRIER 0.5m CONTOUR INTERVAL

NOTE: ONLY ACCESSIBLE FEATURES LOCATED AT TIME OF SURVEY

require builder/client to confirm position on site.

TREE UNNAMED

TITLE:

FEATURE & CONTOUR SURVEY First Floor, 289 Stock Road

LOT:

1002 & 1004

REVISION:

Feb 2012 - Sewer Pump Station Located Sand Mound Removed

SCALE: @ A1

1:1750

DATE:

09/12/2014

SURVEYED:

DD / SDC

PLEASE NOTE:

This drawing has been prepared for the purpose of designing new constructions on the land and should not be used for any other purpose.

OVERALL SITE PLAN

MARKET CITY

280 BANNISTER ROAD ESTABLISHED 1972

LICENSED LAND SURVEYORS

O'Connor WA 6163

PO Box 4233

MYAREE WA 6960

ABN 90 910 482 646

PLAN/DIAG:

PLAN 16227

C/T: VOL / FOL

March 2012 - SE1_SE2 Area Updated

October 2012 - Detail Of New Roads, Earth Berm,

Roads And Pump Station

APRIL 2014 - Update Plan With Linemarkings

and Changes to Infrastructure

AUGUST 2014 - Update Plan with Warehouse E7

REF:

0 20 40 60 80 100

DATUM:

244/11 DET ALL

SURV'YD NOV2011 DRAWN:

PRJ

* The title boundaries shown hereon were not marked at the time of survey and have been plotted from plan dimensions.

* Certificate of Title should be referred to re encumbrances prior to design * Only visible services have been located. Prior to any demolition,

construction, or excavation the relevant authorities should be contacted for detailed location of all services.

CANNING VALE Land Subdivisions, Strata Consultants, Engineering Surveys, Project Management

T: 9331 6222 F: 9337 6943 2129-88

October 2014 - Update Plan with transformer Baile Rd WAPC REF:

PCG'94 & AHD CHECKED: * The position of sewer line shown is indicative only and Water Authority as-constructed plans should be referred to prior to design.

CLIENT: PERTH MARKET LIMITED

Email: [email protected] http://www.giudicesurveys.com 1832-28 * Approx FL taken at Threshhold of Door

* This note forms an integral part of this plan. MARKET CITY DETAIL - A1 PML Det Dec14