Uluṟu-Kata Tjuṯa National Park - Commercial media permit conditions

Interpretation

In these conditions, unless the contrary intention appears:

Act means the Environment Protection and Biodiversity Conservation Act 1999 and includes any Act that amends or replaces it.

agreement means the agreement signed by or on behalf of the permittee as part of the permittee’s permit application.

authorised participants means all persons, other than the permittee or the permittee’s staff, who take part in the permitted activity.

Director means the Director of National Parks, and includes any statutory successor to the Director and the Director’s delegates.

Guidelines mean the Uluru-Kata Tjuta National Park Guidelines for Commercial Image Capture, Use and Commercial Sound Recording.

management plan means the management plan in operation from time to time for the park under the Act.

park means the named Commonwealth reserve for which the permit is issued.

park staff means persons employed by the Director and performing duties in relation to the park.

permitted activity means the activity or activities for which this permit is issued.

permittee means the person (individual, company or other incorporated body) or group to whom this permit is issued and includes, where the context permits, the permittee’s staff.

permittee’s staff means the permittee’s employers, contractors and other agents who take part in the permitted activity.

Regulations means the Environment Protection and Biodiversity Conservation Regulations 2000 and includes any regulations that amend or replace them.

The singular includes the plural and vice versa.

Where a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning.

Where one of the words ‘include’, ‘including’ or ‘includes’ is used, the words ‘without limitation’ are taken to immediately follow.

Where the word ‘must’ imposes an obligation on a person to do or not to do something, the obligation is taken to mean that the person must take all reasonable steps to do or not to do the thing.

General Conditions for all Permittees

1. The permittee must comply with the guidelines and the agreement.
2. The permittee cannot transfer this permit to another person or group, except in accordance with regulation 17.11 of the regulations.
3. The permittee must not conduct the permitted activity before the date of commencement or after the expiry date shown on the permit.
4. The permittee must comply with the Act, the Regulations, the management plan, these permit conditions, and any other notices, information, guidelines, codes of conduct or protocols issued by, or under the authority of, the Director relating to the park.
5. The permittee must hold all licences and authorities required by law for the conduct of the permitted activity, and comply with all Commonwealth, State and Territory laws relating to activities that are subject of, or ancillary to, this permit.
6. If the permittee is a company or other incorporated body, the permittee must not have as a director or office holder a person who has been convicted¹ of an offence² against the Act or Regulations within the previous five years.
7. The permittee’s staff must not include any person who has been convicted of an offence against the Act or Regulations within the previous five years.
8. The permittee must take all reasonable steps to ensure that the permittee’s staffs are fully informed of, and understand, these permit conditions before they commence taking part in the permitted activity.

Commercial Activity Conditions

9. If required by the Director, the permittee must not conduct the permitted activity unless the permittee holds a policy of public liability insurance sufficient to cover any liability the permittee may have to third parties, or to the Director and in any case for an amount of not less than $20 million in respect of any single event, with an insurer that is licensed by the Australian Prudential Regulation Authority or approved by the Director.

Note: The Director does not generally require public liability insurance to be held by individual photographers or small film crews.

10. If public liability insurance is required under condition 9, the permittee must provide a certificate of currency for the policy of insurance evidencing that the policy covers all the permittee’s activities in the park by the permittee and the permittee’s staff, contractors and other agents:
    
    1. before the permittee commences to conduct the permitted activity;
    2. on each occasion when the policy is renewed or when a new policy is taken out; and
    3. at any other time as requested by the Director.

Specific Conditions for Image Use

11. The permittee must not use images of Aboriginal people without the written consent of the individuals concerned.
12. Where images are to be used for advertising or promotion, or include images of the north-east face of Uluru, rock art, or Anangu, the permittee must only use images that have been provided to and approved by the Director.

Specific Conditions for Image Capture

13. The permittee must carry this permit and these conditions, or a copy of them, while conducting the permitted activity.
14. The permittee and the permittee’s staff must undertake the park’s media briefing prior to commencing the permitted activity.
15. The permittee must only capture images at or of the locations and sites within Uluru-Kata Tjuta National Park as specified in the permittee’s application, or as otherwise approved by the Director.
16. The permittee must not capture images of Aboriginal people without written consent of the individuals concerned.

Note: Permit conditions may be varied, revoked or new conditions imposed in accordance with r17.09 of the Regulations. The Director may decide to vary or revoke the conditions or impose new conditions, but must do so where it is necessary to make sure that the matters or circumstances the Director is required to be satisfied about when issuing the permit continue to apply.

Park Specific Conditions

17. The permittee must not:
    
    1. pick fruits, flowers or branches, or otherwise damage any native plants;
    2. interfere with, feed, handle or disturb any native animal, or damage or disturb a nest or dwelling place of a native animal.
18. The permittee will make good, or meet the Director’s reasonable costs of making good, any damage to the park, to the extent that the damage was caused or contributed to by:
    
    1. the conduct of the permitted activity or;
    2. a breach of the permit conditions by the permittee.
19. The permittee must take all reasonable steps to avoid risks to the health and safety of the permittee’s staff, authorised participants and other persons in the park.
20. If the permittee or any of the permittee’s staff or authorised participants is killed, seriously injured, becomes seriously ill or goes missing while in the park, a member of park staff must be notified as soon as possible and the permittee, and the permittee’s staff must comply with any requests or directions from park staff in relation to the safety of that person or any other person.
21. The permittee must carry out the permitted activity in such a manner as to cause the least possible environmental impact on the park.
22. The permittee must use only the public areas in the park unless specifically authorised by this or another permit.
23. The permittee, the permittee’s staff and authorised participants must drive, ride or tow a vehicle only on public access roads and not on any road or track, nor enter an area by any means, that is permanently, temporarily or seasonally closed or restricted by gates or signs unless specifically authorised by this or another permit.

^{1. A person is taken to have been convicted of an offence if, within five years, the person has been charged with, and found guilty of, the offence but discharged without conviction or has not been found guilty of the offence, but a court has taken the offence into account in passing sentence on the person for another offence. Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.↩}

^{2. Such an offence includes, for an offence under such a law, section 6 of the Crimes Act 1914 or sections 11.1, 11.4 or 11.5 of the Criminal Code (which deal with being an accessory after the fact, attempting to commit offences, inciting to or urging the commission of offences by other people and conspiring to commit offences) or an equivalent provision of a law of a State or Territory.↩}