1 | P a g e
Contact Details
Name
Company
Position
Phone
Email
Date
2019 - 2020
COMMERCIAL OPERATOR LICENCE APPLICATION
Mt Buller Mt Stirling Resort Management
This application is for a Licence to conduct organised commercial activities on Crown Land, within the Mt Buller and
Mt Stirling Alpine Resorts.
CHECKLIST
An incomplete form could lead to delay in the processing of your application.
Please tick
1. If new applicant, discuss application with Resort Management. □
2. Complete Application form, including Operator Schedule(s) □
3. Attach all supporting documentation (tour schedule maps, accreditation evidence etc). □
4. Provide a Certificate of Currency (see page 11). □
Forward complete application to:
COL Applications, Mt Buller Mt Stirling Resort Management, Alpine Central, Summit Road, Mt Buller, VIC, 3723
or
Lachlan.norris@mtbuller.com.au
Please note: Do not attach payment to application. You will be invoiced upon approval of Licence.
2019-2020 Commercial Operator Licence
Licence duration
1 year licence = $307.80 (expires Oct 31st 2020)
3 year licence* = $241.40 (one year fee) OR
$724.40 (three year fee)
10 year licence* =$241.40 (one year fee) OR
$2414. (ten year fee)
*Multiple year licences are conditional on appropriate accreditation
(see page 3)
Applicant
New applicant
(Contact Resort Management to discuss proposed location and
activity prior to completing this form).
Existing licensee ….
(Update Business Details and Operating Schedules as necessary).
2 | P a g e
Information for applicants
Application
A licence is required by people or businesses who conduct organised tours or recreational businesses for profit within
the Mt Buller and Mt Stirling Alpine Resorts under the Crown Land (Reserves) Act 1978.
The decision to grant a Commercial Operator Licence, its duration and conditions remains within the discretion of
Resort Management.
Licensing Process
Phase 1:
• Application or renewal received by Resort Management for review;
• Operators should ensure a comprehensive application is submitted in the first instance.
Phase 2:
• Application approved;
• Licence and invoice created and sent to the operator for review and processing;
• Operator to submit signed licence and pay invoice within 14 days.
Phase 3:
• Licence co-signed by Resort Management CEO;
• Finalised licence pack sent to operator.
Depending on the complexity of the licence application the process may take between six to eight weeks. All
prospective operators need to ensure that they provide enough time to become licensed prior to operating to avoid
disappointment.
Commercial Operator Licences
Commercial Operator Licences are:
• issued to an operator (Licensee) by Mt Buller Mt Stirling Resort Management (Licensor);
• not transferable (to another individual or entity);
• issued solely to the applicant specified in the application form;
• issued for a specific term of up to 10 years and cannot be ‘renewed’;
• subject to regulated state wide fees; and
• penalties apply for operating without a licence or breaching the conditions of a licence.
Multiple sites
If an operator is seeking a licence to operate solely within the Mt Buller and Mt Stirling Alpine Resorts, a single
application can be made to Resort Management.
If an operator is seeking a licence to operate within Crown Land managed by DELWP (State Forest) or PV (National
Park), they must make separate enquiries about applying for licences relevant to each land manager.
Public liability insurance
It is a condition of a Commercial Operator Licence that the Licensee keep and maintain a public liability insurance
policy covering the activities of the Licensee for the duration of the licence. The level of insurance must be at least
$20 million for any one claim, but a requirement for a higher level of coverage may be necessary if Resort
Management considers it appropriate in light of the nature of the Licensee’s activities.
Please ensure details of public liability insurance are accurate as per Resort Management requirements outlined on
page 12.
3 | P a g e
Fees
Mt Buller Mt Stirling Resort Management Commercial Operator Licences are issued under the provisions of Section
17 Crown Land (Reserves) Act 1978.
Commercial Operator Licence fees consist of the fixed component (Annual fee) and a variable use component (Use fee
– based on visitor numbers). The annual licence fees for standard and multi-year licences reflect the value of licence
fees managed by DELWP and PV.
Category
Fee ($) from
1 Nov 19 – 31 Oct 20
1 Nov 19 – 31 Oct 20
Annual fee – Standard 1 year licence
$307.80
20.78 fee units
Annual fee – Standard licence greater than 1 year (per year)
$241.40
16.3 fee units
Use fee – General visitor (per day)
$3.40
Use fee – School student and child (per day)
$2.60
Dates are based on the Resort Management financial year being from 1 November to 31 October.
GST is not payable on Commercial Operator Licence fees.
Accreditation for multiple year licences
The Victorian Government Policy Statement Licensing System for Tour Operators and Activity Providers on Public Land
in Victoria (2008) states that longer-term tour operator licences should be conditional, amongst other things, on the
applicant being accredited under a recognised industry certification program that encourages improved
environmental, cultural and business management. The programs currently recognised as supportive of an
application for a longer-term licence are:
Up to 3 year licence term
• Nature Tourism – EcoCertification IV;
• Australian Tourism Accreditation Program (formerly Better Business Tourism Accreditation Program); and
• Respecting Our Culture.
Up to 10 year maximum licence term
• Advanced Ecotourism – EcoCertification IV;
• Ecotourism – EcoCertification IV; and
• EarthCheck Benchmarking and Certification (formerly GreenGlobe Company Standard).
Accordingly, the licence terms and conditions require the Licensee to possess accreditation which is consistent with
the nature of the product being offered. Accreditation must be maintained throughout the Term of the Licence.
Adventure Activity Standards
Resort Management requires all Licensees to read and understand the documented Adventure Activity Standards
(AAS) for the outdoor recreation industry, which are available at www.outdoorsvictoria.org.au (currently for abseiling,
bushwalking, canoeing/kayaking, four wheel driving, horse trail riding, mountain biking, recreational angling, river
rafting, rock climbing, snow sports,trail bike touring and severe weather conditions) which are consistent with the
nature of the product being offered.
Special conditions
Special conditions specific to the proposed activity or operator may be applicable to the licence and are inserted into
the licence document.
4 | P a g e
Applicant details
A. Where licence is to be issued to an individual
B. Where licence is to be issued to an incorporated company or incorporated association
Trading details
Trading name/s
Registered for GST
Australian Business Number (ABN)
( Y / N )
Address for correspondence
Mobile
Street address
Fax
Email
Website
Telephone (bus. hours)
Telephone (after hours)
Mt Buller Mt Stirling Resort Management will list Licensed commercial operators on
www.mtbuller.com.au. and www.mtstirling.com.au
Please tick ✓ if you do not want your contact details available on the Mt Buller and Mt Stirling websites.
Returns and Use Fee payment
Please tick preferred frequency of submitting Returns Form and payment of Use Fee:
Quarterly End of seasonal operations/Annual ly
Please refer to Returns information sheet, and form for completion. These can also be downloaded from the website:
www.mtbuller.com.au
5 | P a g e
Proposed operators schedules
• Applicants must complete a separate Operators Schedule for each new (type of) tour. A tour is any organised
business activity undertaken within Mt Buller and Mt Stirling Alpine Resorts.
• If you propose to conduct more than two types of tours, please copy, or download, complete and attach
additional Operator Schedules.
• Helicopter applicants please also specify a.) Date and time of landings, b.) Duration on ground, c.) Number
pax, d.) Full Contact details for pilot and e.) Full contact details for owner/charter/lessee etc of aircraft.
Please remember the more information you provide, the faster the application can be processed
Operator Schedule 1
Proposed location(s) (for example, Mt Stirling/ Multi-use Network Trails/ Mt Buller Village etc)
Specific area, track or road to be used during activity. (Please include campsites proposed for use)
Helicopters please specify proposed landing location.
Name of activity (for example, Stirling Summer Camp)
Description (include details such as what, where and how. (Attach maps) Specify DATES
Proposed frequency of tour
(for example anticipated number
of trips weekly/monthly)
Proposed duration of tour
(hours/days)
Proposed maximum
group sizes
Vehicles/Equipment to be used to undertake activities (including no. of horses)
6 | P a g e
Operator Schedule 2
Proposed location(s) (for example, Mt Stirling/ Multi-use Network Trails/ Mt Buller Village etc)
Specific area, track or road to be used during activity. (Please include campsites proposed for use)
Helicopters please specify proposed landing location.
Name of activity (for example, Stirling Summer Camp)
Description (include details such as what, when, where and how. (Attach maps) Specify DATES
Proposed frequency of tour
(for example anticipated number
of trips weekly/monthly)
Proposed duration of tour
(hours/days)
Proposed maximum
group sizes
Vehicles/Equipment to be used to undertake activities (including no. of horses)
7 | P a g e
Licence conditions
GENERAL CONDITIONS
1. DEFINITIONS
1.1 Unless inconsistent with the context or subject matter, each word or phrase defined in this clause 1 has the same meaning when used
elsewhere in these General Conditions.
1.2 When used in these Licence Conditions, the following words and phrases denote the following:
Accreditation Certification means a recognised tourism industry certification program, endorsed by the Department of Environment, Land,
Water and Planning, that encourages improved environmental, cultural and business planning.
Act means the Crown Land (Reserves) Act 1978;
Adventure Activity Standards means the voluntary guidelines for conducting outdoor recreation activities published by Outdoors Victoria
Limited ACN 158 927 872 (or equivalent body) from time to time. Specifically applicable at the Commencement Date are the Adventure Activity
Standards in relation to the following activities:
• Rock Climbing;
• Trail Bike Touring
• Fishing / Angling;
• Four Wheel Driving;
• Canoeing and Kayaking;
• Horse Trail Riding;
• Bushwalking;
• Mountain Biking;
• Abseiling;
• Snow Sports;
• Severe Weather Conditions.
Annual Fee means the fixed component of the standard Licence Fee.
Approved Tracks and Trails means those tracks and trails approved by the Licensor for undertaking of specific activities;
Association means the Australian Tourism Accreditation Program Limited ACN 095 626 976 (or equivalent body).
Code Red Days means days classified in this manner pursuant to a fire danger rating set by the Bureau of Meteorology, based on the forecast
fire danger index.
Commencement Date means the date set out in Schedule 1 Item 5 of the Licence, being the first day of this Licence.
Crown means the Crown in right of the State of Victoria, and includes the Licensor, the Licensor’s Representative and each authorised
employee, officer or agent of the Crown or the Secretary.
Department means the Department of Environment, Land, Water and Planning, or its successor in law.
Insured means the Licensee, including the Licensee’s officers, employees, agents, contractors, subcontractors, invitees and their successors and
permitted assigns.
Licence means this Commercial Operator Licence, including all conditions.
Licensed Area means the land and improvements (if any) described in Annexure B of the Licence.
Licence Fee means the periodical amount described in Schedule 1 Item 7 of the Licence, as reviewed or varied during the Term.
Licensee means the entity named Schedule 1 Item 3 of the Licence and includes any permitted assigns or successors in law.
Licensor means the Mt Buller Mt Stirling Resort Management (Resort Management).
Licensor's Representative means an employee or officer of the Licensor nominated to the Licensee from time to time, who is authorized to deal
with day to day issues that arise in respect of Tours or the Licensed Area.
Minister means the Minister of the Crown for the time being administering the Act.
Other Relevant Parties means the Minister, Resort Management and any successor manager of the Licensed Area or the Resorts, the Crown in
right of the State of Victoria, the Secretary, and any other authorised delegate from Resort Management.
Permitted Use means the purposes and activities that the Licensee is authorised to carry out on the Licensed Area, as described in Schedule 1
Item 12 of the Licence.
Person includes a body corporate or individual.
Resorts means the Mt Buller and Mt Stirling Alpine Resorts.
Secretary means the Body Corporate called the Secretary to the Department of Environment, Land, Water and Planning established by the
Conservation, Forests and Lands Act 1987, or any later equivalent body or person.
Schedule means a schedule in the Licence documentation.
Term means the time period described in Schedule 1 Item 6 of the Licence, beginning on the Commencement Date.
Tour means an activity, guided tour or recreation programme conducted or coordinated by an employee or officer of the Licensee on the
Licensed Area that is consistent with the Permitted Use.
Use Fee means the component of the standard Licence Fee, featuring differential daily rates, depending on the number of adults and children
that participate in Tours.
Vehicle has the meaning given to that term in the Road Safety Act 1986 (Vic).
2. GRANT OF LICENCE - NON-EXCLUSIVE USE
2.1 The Licensor grants the Licensee a non-exclusive contractual right to use and occupy the Licensed Area for the Term by virtue of the Act,
subject to the conditions set out in this Licence, in common with the Licensor, and other persons authorised by the Licensor.
2.2 The Licensee acknowledges that the rights created by this Licence over the Licensed Area are statutory only, and do not constitute an
estate or interest in the Resorts.
3. PAYMENT ARRANGEMENTS
3.1 The Licensee acknowledges that the Licence Fee is made of the Annual Fee and includes a Use Fee component.
3.2 Subject to clause 3.3, the Licensee must pay the Annual Fee to the Licensor:
a. annually in advance;
b. pursuant to such alternative arrangements as are specified by the Licensor in writing from time to time, without the need for any
demand, and without any rights of deduction, set-off or abatement.
3.3 If the Term of this Licence is more than 1 year, the Licensee may elect to pay the Annual Fee for the Term as an upfront lump sum, on or
before the Commencement Date, calculated the value of a fee unit in the year that the lump sum is paid.
8 | P a g e
3.4 The Licensee must pay the Use Fee to the Licensor:
a. Quarterly, or seasonally or annually in arrears at the Licensee’s election;
i. pursuant to such alternative arrangements as are specified by the Licensor in writing from time to time, without the need for any
demand, and without any rights of deduction, set-off or abatement.
3.5 In order to facilitate calculation and reconciliation of the Licensee’s Use Fee obligation, the Licensee must:
a. maintain a daily record of the number of persons who participate in Tours in the form required by the Licensor for standard tour
operator licences; and
b. provide a copy of this record to the Licensor, on:
ii. a quarterly basis if the Use Fee is paid quarterly in arrears; or
iii. a seasonal or annual basis if the Use Fee is paid seasonally or annually in arrears.
3.6 The Licensee must pay interest to the Licensor on any:
a. part of the Licence Fee or other monies payable by the Licensee to the Licensor which are outstanding for more than 14 days, or
b. judgment for the Licensor in an action arising under this Licence, at the penalty interest rate for the time being payable under the
Penalty Interest Rates Act 1983, calculated from the date the monies or judgment became payable until the date of actual payment
(including interest) of all monies to the Licensor in full.
3.7 The Licensee must reimburse the Licensor on demand, for all the Licensor’s legal costs and disbursements incurred in connection with:
a. any surrender of this Licence requested by the Licensee;
b. any application for the Licensor’s consent arising under this Licence;
c. any failure by the Licensee to perform its obligations under this Licence; or
d. any other deed or other document required to be executed in connection with this Licence.
4. RIGHT TO ACCESS AND AUDIT
4.1 The Licensor or Licensor’s Representative may, during ordinary business hours, inspect and/or audit the accounts and records of the
Licensee relating to the Licensee’s compliance with its obligations under this Licence, including calculation of the Use Fee component. The
Licensor or Licensor’s Representative will be entitled to take copies of or extracts from any such records.
4.2 The Licensee must participate promptly and cooperatively in any audits conducted by the Licensor or Licensor’s Representative.
4.3 Except in those circumstances in which the Licensor determines that notice is not practicable or appropriate, the Licensor must give the
Licensee reasonable notice of an audit and, where reasonably practicable, an indication of which documents or class of documents the auditor
may require access to.
4.4 If the outcome of an audit does not require any corrective action, each party must bear its own costs associated with any audits. If the
audit identifies any error, non-compliance or inaccuracy requiring remedial action (other than a trivial or insignificant error, non-compliance or
inaccuracy), the Licensor’s costs in respect of the audit will, if notified by the Licensor to the Licensee, be payable by the Licensee as a debt due
to the Licensor.
4.5 The Licensee must promptly take corrective action in order to rectify any error, non-compliance or inaccuracy identified in any audit
relating to the way the Licensee has, calculated any Use Fees or any other amounts submitted to the Licensor.
5. LICENSEE’S CERTIFICATION – ACCREDITATION AND FIRST AID
5.1 On or before the Commencement Date, the Licensee must provide satisfactory documentary evidence that the Licensee
a. has obtained any required Accreditation Certification (multiple year licence); and
b. is currently licenced to conduct the Permitted Use by any relevant body, if this is required by law, to the Licensor if requested.
5.2 The Licensee must promptly provide documentary evidence confirming the currency of the Licensee’s accreditation on each successive
anniversary of the Commencement Date, to the Licensor if requested (multiple year licence).
5.3 The Licensor may issue supplementary requests for proof of accreditation to the Licensee during the Term, where this is reasonably
required in the circumstances (multiple year licence).
5.4 In addition to completion of the Accreditation Certification (multiple year licence), the Licensee must ensure that:
a. its Tour guides have a current first aid qualification, the minimum standard requirement is Level 2 First Aid;
b. an additional member of staff supervising each Tour group is also a qualified First Aider and has a suitable first aid kit.
6. COMPLIANCE REQUIREMENTS
The Licensee acknowledges that:
6.1 the Licensee must comply with:
a. all statutes, regulations, local laws and by-laws applicable to the Licensed Area or the Permitted Use;
b. all lawful orders or directions made under these ordinances; and
c. observe any Resort or land management policy adopted by the Licensor or applicable to the Licensed Area.
6.2 pets and firearms are not to be taken into the Resorts, unless specifically permitted in writing by the Licensor;
6.3 fires may only be lit in established fireplaces, and must not use any flora (dead or alive) found in the Licensed Area (other than that
which is provided as fuel).
6.4 the Licensee may only use the Licensed Area for the Permitted Use, unless the Licensee obtains the Licensor’s prior written consent to
variation of the Permitted Use, which may be given or withheld in the absolute discretion of the Licensor, and if granted, may be given subject
to such conditions as the Licensor sees fit to impose; and
6.5 the Licensee must not:
a. allow rubbish to accumulate in or about the Licensed Area;
b. cause or permit to be done anything about, or in the vicinity, of the Licensed Area, which constitutes an actionable nuisance,
annoyance or disturbance to other persons lawfully entitled to use the Licensed Area, or any land adjoining the Licensed Area;
c. put up any signs or notices in the Licensed Area or the Resorts without prior written agreement of the Licensor.
6.6 the Licensee must not enter or remain in, or permit an employee, agent or Tour participant to enter or remain in, any parts of the
Licensed Area or the Resorts that are permanently, temporarily or seasonally closed by gates, signs, electronic or written notification or public
notice.
6.7 the Licensee must:
a. obtain and comply with the terms of all licences, permits, or authorisations required by law to conduct its Tours;
b. ensure that such licences, permits and authorisations remain current at all times during the Term;
c. comply with any:
i. applicable Adventure Activity Standard: and
9 | P a g e
ii. additional safety requirements reasonably imposed by the Department or the Licensor, provided that in the event of any
inconcsistency the higher standard or requirement will prevail;
d. ensure that all contact and business details remain current and that the email address provided is regularly monitored for emergency
communications;
e. keep the Licensor informed of any ongoing investigations, notice of Infraction and outcomes of investigations.
6.8 the Licensee must not keep any hazardous materials on the Licensed Area unless it obtains the Licensor’s prior written consent, (which
may be granted or withheld in the Licensor’s absolute discretion), except for a reasonable quantity of any hazardous material which is:
i. kept in compliance with the requirements of any authority that regulates storage or keeping of the hazardous substance.
7. LICENSOR’S DIRECTIONS AND TOUR INTERRUPTIONS
7.1 The Licensee and the Licensee’s employees, agents and Tour participants must obey all reasonable directions given by the Licensor, the
Licensor’s Representative or the Licensor’s other authorised officer, employee, agent or delegate, in respect of the Licensed Area.
7.2 Without limiting the generality of the foregoing, the Licensee acknowledges that it may be directed to cease or suspend Tours for a
period specified by the Licensor that is reasonable and proportionate in the circumstances, as a result of any of the following causes:
a. fires, floods, severe storms and other natural disasters;
b. fuel reduction burns;
c. Code Red Days; and
d. any other cause reasonably specified by the Licensor, which is directed at the preservation of human health and / or the environment.
7.3 Except in an emergency, when the Licensor will give the Licensee as much notice as is reasonably practicable in the circumstances, the
Licensor will give the Licensee at least 7 days’ notice of the need to cease or suspend Tours.
7.4 The Licensee is not entitled to any compensation from the Licensor whatsoever for loss or damage caused or contributed to by the need
to suspend, cancel or cease Tours under the provisions of this clause 6, save that the Licensee may be granted a proportionate set-off against
future Licence Fee payments, as determined in the Licensor’s absolute discretion.
8. DEALING WITH EMERGENCIES
The Licensee must:
8.1 develop and maintain an emergency response plan that:
a. complies with the law; and
b. outlines procedures to be followed in the event of natural or other disaster, injury, illness or delay on the Licensed Area; for each Tour
(collectively, the “Emergency Response Plan”) and promptly provide a copy of the Emergency Response Plan to the Licensor if
requested;
8.2 ensure the safe evacuation of Tour participants and vehicles from the Licensed Area in the event of any natural or other disaster adjacent
or near to approved routes in accordance with the Emergency Response Plan;
8.3 notify the Licensor as soon as is reasonably practicable, of any natural or other disaster, injury, illness, vehicle accident or delay that may
impact upon:
a. the Tour group; or
b. other Tours or authorised activities being conducted on the Licensed Area or Resorts; and
8.4 file a completed incident report in the form required by the Licensor, with the Licensor as soon as is reasonably practicable, after the
occurrence of the relevant event.
9. PRECAUTIONS AGAINST DAMAGE AND INJURY OF WILDLIFE
9.1 Except as expressly authorised by this Licence, the Licensee must not damage, destroy, disrupt or remove any native flora (live or dead)
or any native fauna, or any built asset, natural feature or cultural heritage place (including creating new access trails without the Licensor’s
consent) from the Licensed Area.
9.2 Any instances of destruction or damage must be promptly reported to the Licensor’s Representative.
9.3 In the event of such damage or destruction, at the Licensor’s option, the Licensee must:
a. undertake and complete remediatory action specified by the Licensor, at the Licensee’s cost; or
b. reimburse the Licensor for the cost of repairing such damage or destruction within 14 days of demand.
9.4 Feeding or handling of wildlife on the Licensed Area, whether during the course of a Tour or otherwise, is not permitted.
9.5 The Licensee must not drive or permit an employee, agent or Tour participant to drive a Vehicle on the Licensed Area, except on roads
and tracks constructed by, or with the authority of the Licensor, for the passage of Vehicles with four or more wheels.
9.6 At no time may the Licensee drive, or permit an employee, agent or Tour participant to drive, a Vehicle on roads and tracks that are
permanently, temporarily or seasonally closed by gates, signs, notification or public notice, unless another provision of this Licence expressly
permits the Licensee to do so.
10. ACCESS
10.1 This Licence does not authorize, and expressly prohibits vehicles (including motorbikes and mountain bikes), horses or camels entering
that part of the Mt Stirling Alpine Resort above Telephone Box Junction during the declared ski season without the consent of the Licensor.
10.2 When gates at the following locations are closed by the Licensor, vehicular (including motorbike and mountain bike) access to areas
beyond the gates is prohibited;
a. Telephone Box Junction, Howqua Gap (giving access to Circuit Road) and Razorback turnoff: these gates are closed from the Friday
prior to the Queen’s Birthday Weekend in June to the Thursday prior to Melbourne Cup Day in November unless otherwise specified
by the Licensor.
b. Howqua Gap Trail and the Monument Track: these gates are closed from the 1st of May to 30th of November or at the discretion of
the Licensor.
10.3 Gates to management tracks and cross country ski trails are locked at all times. Unauthorised opening of these gates or use of the
management tracks is prohibited.
10.4 The Licensor reserves the right to close any of the above gates or restrict access to any tracks within the Resorts at any time.
11. CAMPSITES AND CAMPING
11.1 Campsites located on the Licensed Area must be:
10 | P a g e
a. maintained and left in a tidy condition; and
b. sited at least 20 metres from any stream, dam or aqueduct.
11.2 If campsites are not furnished with toilets, night soil must be buried at least 100 metres from any stream, dam or aqueduct.
11.3 The Licensee and / or Tour participants may be required to pay additional fees for the right to use campsites.
11.4 The Licensee must not rely on huts or campsites on the Licensed Area to provide accommodation for Tour participants, unless the
Licensee has been granted specific prior permission to do so.
11.5 All rubbish originating from Tour operations must be removed by the Licensee.
11.6 Camping is prohibited within the Mt Buller Alpine Resort (designated campsite at Buller Creek, Mirimbah excluded).
12. VEHICLES
12.1 All Vehicles carrying passengers within, to or from the Licensed Area must be licensed by VicRoads or equivalent interstate road traffic
authority as passenger vehicles and driven in a manner that accords with the licence terms.
12.2 All drivers of passenger vehicles must hold a current driver’s licence appropriate for that vehicle, including any necessary endorsement
for the Vehicle type, copies of which must be promptly provided to the Licensor for review upon request.
12.3 All bus operators of Vehicles that have more than 9 seats and are used for the carriage of passengers within, or to and from, the Licensed
Area, must be accredited by Public Transport Safety Victoria on behalf of the Department of Transport in the State of Victoria. Proof of this
accreditation must be supplied to the Licensor upon request.
a. please note the Vic Roads regulations regarding buses in Alpine (Hazardous) Areas (Bus Travel In Hazardous Areas).
12.4 If you provide a transport service carrying passengers for hire or reward, you are undertaking commercial passenger Vehicle work as
described in the Transport (Compliance and Miscellaneous) Act 1983 (Vic). Any Vehicle used for commercial passenger Vehicle work must be
licensed and issued with a commercial passenger Vehicle licence certificate.
12.5 Any driver providing commercial passenger Vehicle services must carry valid driver accreditation.
12.6 This licence does not carry or convey any automatic entitlement to the use or parking of an over-snow vehicle or four wheel drive vehicle
within the Resorts. A separate permit for the use or parking of such a vehicle is required.
13. CONDUCT OF TOURS
13.1 The Licensee must:
a. plan, prepare and conduct Tours using all reasonable care and skill;
b. make all Tour participants aware before the Tour commences, of:
i. potential hazards and conditions that may be encountered during the Tour including, but not limited to, heights, exposure to
weather, risk of fire, open water, rapid flowing water, fauna and flora; and
ii. the nature of the experiences that participants may encounter during the Tour;
c. ensure procedures are in place to minimise the risk of potential hazards to Tour participants, including, but not limited to, pre-tour
briefings, appropriate safety equipment and head counts;
d. ensure that all Tour participants comply with all conditions of licence;
e. ensure that all guides and employees have obtained any necessary Accreditation and the relevant competencies and skills for
leading and guiding a Tour;
f. ensure that Tour supervision is appropriate to the differing clients’ experiences and abilities;
g. submit trip return documentation to the Licensor on:
i. one annual date;
OR if quarterly submission of information is preferred:
ii. Quarter 1 = 1 November – 31 January
Quarter 2 = 1 February – 30 April
Quarter 3 = 1 May – 31 July
Quarter 4 = 1 August – 31 October; and
h. The Licensee acknowledges that the Licensor’s evaluation of future Licence applications submitted by the Licensee will be influenced
by the Licensee’s prior compliance with the conditions and obligations of this licence.
14. TERMINATION
14.1 The Licensor may terminate this Licence if they are satisfied on reasonable grounds that:
a. the Licensor is found guilty of any offence against the Act; or
b. the Licensee has contravened a condition of this Licence.
14.2 If the Licensor seeks to terminate this Licence, they must first:
a. notify the Licensee that they propose to cancel the Licence; and
b. allow the Licensee opportunity to make a written submission within 7 days.
14.3 In making a decision whether or not to cancel the Licence, the Licensor must have regard to any submission made under clause 13.2.
15. VARIATION OR SUSPENSION OF LICENCE
15.1 The terms of this Licence may be varied:
a. by agreement between the parties; and
b. has effect, on the Licensor giving written notice of the variation to the Licensee.
15.2 The variation of this Licence cannot be used to extend the Term.
15.3 If the Licensor is satisfied that there are reasonable grounds to do so, the Licensor may suspend the Licence by giving written notice to
the Licensee, noting that:
a. a. the Licensee may make a written submission within 7 days;
b. in making a decision whether or not to continue, revoke or amend the suspension, the Licensor must have regard to any
submission made under clause 14.3.a; and
c. a period of suspension must not exceed 90 days.
16. NO COMPENSATION
11 | P a g e
The Licensee is not entitled to any compensation from the Licensor for loss or damage sustained by the Licensee, caused or contributed to by
variation, suspension or termination of this Licence pursuant to the Licensors rights under clauses 13 and 14 of this Licence.
17. LIMITATION ON IMPROVEMENTS
The Licensee must not erect, or permit the erection, of any improvement on the Licensed Area.
18. CONDITION AT TERMINATION
Upon the expiration or earlier determination of this Licence, the Licensee must return the Licensed Area to the Licensor in good order and
condition, and otherwise in a condition consistent with compliance by the Licensee with its obligations under this Licence.
19. DEALING WITH LICENCE
The Licensee must not:
19.1 Assign, sub-licence, mortgage or charge this Licence; or
19.2 part with or share possession of the whole Licensed Area or any part of it.
20. NOTICES
Any notice, consent or demand or other communication to be served upon or given to the Licensee by the Licensor under this Licence will be
deemed to have been duly served or given, if it is:
20.1 In writing;
20.2 signed by the Licensor or a person authorised by the Licensor (including, without limiting the generality of the foregoing, the Licensor’s
Representative); and
20.3 emailed, or delivered or sent by prepaid post to the Licensee’s address set out in Schedule 1 Item 4 of the Licence, or any subsequent
replacement address that the Licensee notifies to the Licensor in writing.
20.4 The Licensee must give prompt Notice to the Licensor of any change in their business contact details or street address.
21. ACTIVITY STANDARDS
The Licensor requires all Licensees to read and understand the documented Adventure Activity Standards (AAS) for the outdoor recreation industry
and recommends the Licensee adheres to these standards. The Activity Standards are available at www.outdoorsvictoria.org.au
22. INSURANCE
22.1 The Licensee must effect and maintain throughout the Term with an insurer approved by the Licensor, which approval will not be
unreasonably withheld:
a. a public, and if relevant given the nature of the Permitted Use, a products liability insurance policy for not less than $20 million (or
any greater amount required by the Licensor) in respect of any single claim arising out of the activities of the Insured, covering all
third party claims arising out of:
i. loss, destruction or damage to real or personal property and ensuing loss of use of that property;
ii. death, injury to, or disease of persons; and
b. a workers’ compensation policy which covers any damage, loss or liability suffered or incurred by any person engaged by the
Licensee arising:
i. by virtue of any statute relating to workers’ or accident compensation or employers’ liability; or
ii. at common law.
22.2 The Licensee must effect and maintain the Policy in the name of the Insured, noting the interests of the Other Relevant Parties, and
include all activities authorised by the Permitted Use as insured activities for the entire Term.
22.3 The Licensee must ensure that the Licensor is notified of any changes to the Policy.
22.4 The Licensee must provide the Licensor with:
a. a certificate of currency for the Policy which clearly confirms satisfaction of the requirements of the preceding clauses 21.1 and
21.2–
i. prior to the Commencement Date;
ii. within 14 days of each successive anniversary of the Commencement Date throughout the Term and any renewed terms (if
applicable);
iii. at any other time upon request by the Licensor; but not more than twice in any calendar year, unless extenuating
circumstances apply; and
b. a copy of the Policy upon request.
22.5 The Licensee must promptly notify the Licensor if:
a. an event occurs which may give rise to a claim under or prejudice the Policy; or
b. the Policy is cancelled.
22.6 The Licensee must not do anything or allow anything to be done which may:
a. prejudice any insurance held in connection with the Licensed Area; or
b. increase the premium payable for any insurance held in connection with the Licensed Area.
22.7 The Licensee must effect and maintain all other insurances in a manner and to such extent as is reasonable and customary for an
organisation engaging in the Permitted Use.
22.8 The Licensee will deliver upon request to the Licensor, copies of any policies entered into by the Licensee pursuant to clause 21.7.
22.9 If there is any damage or destruction to any building or improvement on the Licensed Area or the Resorts, caused by the Licensee or
their Tour participants, the Licensee must pay on demand to the Licensor, on a full indemnity basis, the costs incurred by the Licensor in
rectifying any such damage or destruction.
23. RELEASE
23.1 The Licensee:
a. occupies and uses the Licensed Area at its own risk;
12 | P a g e
b. acknowledges that it has inspected the Licensed Area, and is of the opinion that the Licensed Area is safe and suitable for the
Permitted Use, including the Licensee’s Tours.
23.2 The Licensee releases the Licensor and the Other Relevant Parties from:
a. all claims and demands resulting from:
i. any accident, damage, death or injury occurring at the Licensed Area, the Land or any other area used by the Licensee in
connection with this Licence; or
ii. the pollution or contamination of the Licensed Area, the Land and any bodies of water included therein, and any loss, cost,
damage, liability or other detriment incurred in connection with these circumstances;
b. all loss, cost, damage, liability or other detriment (whether direct or consequential) suffered or incurred by the Licensee, as a direct
or indirect result of the Licensee’s occupation and use of the Licensed Area, the Resorts, or other areas used in connection with this
Licence, except to the extent caused or contributed to by the negligent or unlawful act of omission of the Licensor.
23.3 References in this clause 22 to the Licensee, the Licensor and the Other Relevant Parties, include their respective officers, employees,
authorised agents, contractors, subcontractors, invitees and their successors and permitted assigns.
24. INDEMNITY
24.1 The Licensee indemnifies the Licensor and the Other Relevant Parties against all actions, claims, demands, losses, damages, costs,
expenses and liability (whether direct or consequential) for which any of the Licensor or the Other Relevant Parties is or may be or become
liable concerning:
a. the default of the Licensee under this Licence;
b. the Licensee’s use of the Licensed Area, the Resorts or any other area used by the Licensee in connection with this Licence; and
c. loss, damage, or injury to property or persons caused or contributed by the Licensee’s fraudulent, negligent or unlawful act or
omission or default under this Licence, except to the extent caused or contributed to by the negligent or unlawful act or omission
of the Licensor.
24.2 References in this clause 23 to the Licensee, the Licensor and the Other Relevant Parties include their respective officers, employees,
authorised agents, contractors, subcontractors and invitees.
24.3 The Licensee must ensure that the Licensor and the names of the ‘Other Relevant Parties’ are included in its Policies in accordance with
clause 23.2 and documented in any certificate of currency for such insurance.
25. SPECIAL CONDITIONS
25.1 Any special condition set out in Annexure A of the Licence:
a. binds the parties; and
b. if there is an inconsistency between a special condition in Annexure A of the Licence and any other provision of this Licence, the
special condition prevails.
26. WAIVER
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single
exercise of a power or right operate to preclude any other or further exercise of it or the exercise of any other power or right. A power or right may
only be waived in writing, signed by the party to be bound by the waiver.
27. ACKNOWLEDGEMENT
All representations, communications and prior discussions in relation to the subject matter are merged in and superseded by this Licence.
28. COUNTERPARTS
This Licence may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument.
29. GOVERNING LAW
29.1 This Licence is governed by the law of the State of Victoria.
29.2 The Licensor and Licensee submit to the nonexclusive jurisdiction of the courts of the law governing this Licence and any courts which
may hear appeals from those courts in respect of any proceedings in connection with this Licence.
Details of public liability insurance
It is a condition of a Commercial Operator Licence that the Licensee keep and maintain a public liability insurance policy covering the activities of
the licensee for the term of the licence. The level of insurance must be at least $20 million for any one claim, but a requirement for a higher level of
coverage may be imposed if the Licensor considers it appropriate. The Licensor may also request any other insurance policies that a reasonable
person conducting the activities of the licensee would maintain.
The applicant must provide evidence of public liability insurance (Certificate of Currency) with this application which confirms the following:
• The Licensor (Mt Buller Mt Stirling Resort Management) as a relevant party, the following text must appear on insurance certificate;
"Mt Buller and Mt Stirling Resort Management and Other Relevant Parties"
(Other Relevant Parties means the Minister, Resort Management and any successor
manager of the Resorts, the Crown in right of the State of Victoria, the Secretary,
and any other authorised delegate from Resort Management)
• the name of the insured;
• the name of the insurer;
• the scope of the activities covered by the insurance;
• the period of insurance
• limits of indemnity; and
• any other policy condition, endorsement or exclusion relevant to the activities and operation of the licence.
Please note this differs from DELWP and
PV Tour Operator Licence requirements.
Please ensure correct spelling and
wording on your COC.
13 | P a g e
Helicopter Specific Conditions
1. Helicopter Operations
1.1 A Commercial Operator Licence for Helicopter operations authorises the Licensee to enter the Resort, including the air space above the
Resort, subject to the terms and conditions of the Licence. The Licensee may land and take off only from a Designated Area unless otherwise
expressly specified in writing by the Licensor.
1.2 When approaching, or departing the Designated Area, or whilst in the air space above the Resort, the Licensee must not unreasonably
disturb and must not endanger any residential area of the Resort and shall, as far as practicable, avoid low flying over residential areas of the
Resort.
1.3 The Licensee must not, without the express written consent of the Licensor, refuel or store any fuel on or near any Designated Landing
Area.
1.4 A Commercial Operator Licence for Helicopter operations is not a sole or exclusive authority or licence and the Licensee, including any
pilot or operator of any helicopter or aircraft of the Licensee, must itself, him/herself:
a. Ensure that it is safe for landing or take off;
b. Comply with all aviation laws, procedures, regulations, protocol, good practice and requirements of the Civil Aviation Safety
Authority, or any equivalent body;
c. Check the whereabouts of any other aircraft within or above the Resort when approaching or departing or flying above the Resort.
1.5 Any information provided by or on behalf of the Licensor to the Licensee or any operator or pilot of the Licensee shall be provided in
good faith but shall not exempt the Licensee, operator or pilot from taking all precautions and complying with the obligations in the last
preceding paragraph. The pilot/operator of any aircraft approaching, landing or taking off from any part of the Resort must him/herself
assume responsibility at all times for his/her own safety, and the safety of any passengers and the aircraft itself.
1.6 The Licensee and any operator or pilot of any aircraft of the Licensee must satisfy it, him or herself that the Designated Landing Area,
and the air space immediately above and adjacent to it are safe for approach, landing or take off on each and every occasion of its use or
intended use by any aircraft owned or operated by the Licensee.
2. Release and Indemnity by Helicopter Licensee
The Licensee's use of the Designated Landing Area and the approach, landing and takeoff of any aircraft of the Licensee is at the Licensee's
own risk. The Licensee will release, discharge, indemnify and hold harmless:-
2.1 The Crown in right of the State of Victoria and its employees, agents and independent contractors; and
2.2 The Licensor in its own capacity as well as in its capacity as Committee of Management for the Resort;
2.3 Any legal liability arising from the use of any Designated Landing Area or the approach, landing or takeoff of any aircraft used by the
Licensee within the Resort; and
2.4 Any loss or liability for property damage or the injury or death of any person which arises directly or indirectly out of negligence, tort,
contract, or breach of statutory duty, by the Licensee, the Licensee's employees or agents, or any person for whom the Licensee is legally
responsible, consequential to the use of any Designated Landing Area (other than the act, default or negligence of the Licensor, the Crown or
their respective employees or agents) and any costs, charges and expenses incurred in connection therewith
3. Helicopter Specific Insurance
3.1 Throughout the Term or any over-holding after the Term, the Licensee must effect and keep current in respect of the use authorised by
the Licence a public risk insurance policy or policies for an amount in respect of any single accident or event for no less than $20 million, and
such insurance shall insure against any legal liabilities arising out of the authorised use or by reason of the use by the Licensee of any
Designated Landing Area and in respect of any damage or loss to any Property on or adjacent to the Designated Landing Area or any injury or
death arising out of any act or omission by the Licensee, its employees, agents, customers or visitors to any Designated Landing Area.