Terms and Conditions for Use of Local Government Jetty
(Clause 1.6 of the City of Busselton Jetties Local Law 2014)
The City of Busselton (City) hereby grants the Permit Holder the use of the Jetty for the duration of this Permit for the Permitted Use subject to the terms and conditions of this Permit. The Permit Holder is not permitted to operate outside these times and places.
2. The Permit Holder may not use the Jetty for anything else than the Permitted Use and in particular must not sell, hire, trade, display or otherwise dispose of anything from the Jetty other than the goods or services as described in this Permit.
3. The Permit Holder must comply with each law relating to the Jetty or the use of the Jetty and must obtain all consents, licenses and authorities required by the Permit Holder for the Permitted Use.
4. The Permit Holder accepts the Jetty subject to any existing prohibition or restriction on the use of the Jetty. The City gives no warranty that the Jetty is fit or suitable for the Permitted Use or that the City or any other authority or agency will issue any consents, approvals, authorities, permits or licences required by the Permit Holder under any law, regulation, by-law or local law for its use of the Jetty.
5. The rights conferred on the Permit Holder in terms of this Permit are in contract only and does not create or confer on the Permit Holder any estate or interest whatsoever in or to the Jetty or any right to the exclusive use or possession thereof.
6. The Permit Holder may pay to the City prior to the commencement date of this Permit, the Application Fee, Fee for Use of the Jetty and all other fees and charges payable in relation to this Permit as determined by the City from time to time.
7. The Permit Holder must pay on demand to the City all charges for services to the Jetty which is payable by the Permit Holder.
8. The Permit Holder must keep and display the Permit on the Jetty at all times of operation.
9. The Permit Holder must not cause a nuisance or become a disturbance or annoyance to the public or other business operators.
10. The Permit Holder shall not unreasonably restrict or interfere with the use of the Jetty or the land in the vicinity thereof by members of the public without consultation with the City.
11. The Permit Holder may not to do or suffer anything to be done whereby any policy of insurance in respect of the Jetty may become void or voidable or whereby the rate or premium on any policy of insurance in respect of the Jetty may be increased.
12. The Permit Holder shall, if it is a requirement under this Permit, at his/its cost effect and keep in force for the duration of this Permit:
(a) a public risk policy of insurance acceptable to the City in respect of the Jetty and the Permit Holder’s use thereof for an amount not less than the amount specified in the Permit; and
(b) if the Permit Holder has any employees, workers’ compensation and employer’s indemnity insurance acceptable to the City in respect of such employees, and produce to the City on request, or in any event prior to the commencement date of this Permit, a certificate of currency of such insurances.
13. All risk in relation to the use of the Jetty and conducting of the Permitted Use remains with the Permit Holder.
14. The Permit Holder indemnifies the City and covenants and agrees to keep the City indemnified from and against all claims, demands, writs, summonses, actions, suits, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever which the City may suffer or
incur in connection with loss of life, personal injury or damage to property arising from the conducting of the Permitted Use or out of any occurrence in, upon or at the Jetty or the use by the Permit Holder of the Jetty or to the property of any person using or entering or near the Jetty or occasioned (wherever it may occur) wholly or in part by any act, neglect, default or omission of the Permit Holder, its employees, agents, contractors, customers, members or any other person or persons using or upon the Jetty with its consent or approval expressed or implied.
15. This Permit may not be assigned or transferred without the prior written consent of the City, which consent the City shall in its sole discretion be absolutely entitled to grant or refuse.
16. The City through its employees, contractors or agents may at any time have access to the Jetty for purposes of:
(a) inspecting the Jetty to ascertain whether the obligations of the Permit Holder under this Permit are being performed and observed;
(b) undertaking works or maintaining the Jetty or the City’s property; and
(c) carrying out the observance or performance of any covenant, condition or obligation of this Permit which the Permit Holder failed to observe.
17. Other than for the delivery of goods and equipment, the Permit Holder is not to restrict public parking by parking vehicles or keeping equipment at or in the immediate area of the Jetty.
18. The Permit Holder shall not drive or permit to be driven any vehicle to or from the Jetty by any means other than the vehicular access ways provided by the City or any other access route approved in writing by the City.
19. The Permit Holder shall not without the prior written consent of the City erect, set up or place any structure, make any structural changes to the Jetty or tamper, alter or modify any electrical, water, sewerage, gas, telecoms or other service connection to or on the Jetty.
20. The Permit Holder may not affix, exhibit or permit to be affixed or exhibited upon any part of the Jetty or adjacent land any placard, sign, poster, hoarding or advertisement without the prior written consent of the City or otherwise than in accordance with any conditions imposed by the City on any permit or consent given by the City.
21. The Permit Holder shall for so long as the Permit Holder uses the Jetty or remains in possession or occupation thereof, promptly maintain, repair, clean and keep the Jetty at all times in good repair and neat and tidy to a standard acceptable to the City.
22. The Permit Holder must promptly report to the City any damage to or accident at the Jetty.
23. The Permit Holder shall not cause or permit any contamination, pollution or environmental harm to occur on or under the Jetty and, if any contamination, pollution or environmental harm is caused by the Permit Holder, its employees, agents, contractors, customers, members or any other person using or upon the Jetty with its consent or approval expressed or implied, the Permit Holder must give notice of it as soon as practicable to the City and the Permit Holder must at its cost do all things necessary to minimise and remediate any resultant damage and harm to the reasonable satisfaction of the City and any governmental agency.
24. The Permit Holder shall immediately upon the expiry or cancellation of this Permit (whichever occurs earlier) remove from the Jetty all things brought on to the Jetty by the Permit Holder and leave the Jetty in good order and condition and to make good any damage done to the Jetty.
25. The Permit Holder shall pay to the City on demand all legal costs, charges and expenses for which the City shall become liable in consequence of or in connection with any default by the Permit Holder in
observing or performing any of the Permit Holder’s covenants or obligations expressed or implied in
this Permit.
26. The City may apply the bond towards the cost of complying with the Permit Holder’s obligations or
paying for any arrears, loss, damage and/or cost incurred by or on behalf of the City in rectifying any
default by the Permit Holder in observing or performing any of the Permit Holder’s covenants or
obligations expressed or implied in this Permit.
27. The City may, without prejudice to any of its rights, immediately cancel this Permit if:
(a) The Permit Holder commits a substantial breach of this Permit or the terms and conditions
thereunder; or
(b) If the Jetty is damaged or destroyed to such an extent that it is unfit for conducting the Permitted
Use.
28. If this Permit is cancelled by the City due to a substantial breach by the Permit Holder, the Permit
Holder shall not be entitled to a refund of any fees or charges.
29. Unless the contrary intention appears:
(a) words and expressions in this Terms and Conditions shall have the same meaning as
corresponding words and expression used in the relevant Application for Permit and this Permit;
(b) words denoting the singular include the plural and vice versa;
(c) words denoting a gender include each gender; and
(d) reference to a person includes a natural person, partnership, joint venture, association, or
corporation and a government or any governmental, local authorities and agencies.
30. Failure to exercise or delay in exercising a right, power or privilege under this Permit by the City does
not operate as a waiver of that right, power or privilege.
31. The Permit Holder accepts the Special Conditions (if any) under which this Permit has been approved.