The permit holder:

• ensures each operation on the island has registered the trip with a completed movement request form via the approved method prior to the vessel / craft landing on the Island. For any vessel / craft observed on the Island and approved, an infringement for this offence will be issued to the skipper of that vessel.
• must ensure that all invoices issued for the payment of movement fees for their registered visits are paid to cockatoo Island Pty Ltd within the specified timeframe.
• acknowledges that all per
• is responsible for the removal of all passengers carried by them onto Cockatoo Island WA
• is responsible for the removal of all waste from Cockatoo Island resulting from their charter.
• must provide copies of their vessel / charter log book on request and keep details of each visit Cockatoo Island including passenger numbers and specific areas of operation.

The operator shall comply with all laws relating to the conduct of the operations, including but not limited to:

• the Act
• the Regulations
• Aboriginal Heritage Act 1972
• the Wildlife Conservation Act 1950
• the Wildlife Conservation Regulations 1970
• any other Act, Regulation or By-laws

• The operator agrees to conduct operations entirely at the operator’s own risk and the operator shall inform itself, its employees, agents and contractors and passengers in either a written or oral form in a language understood by the passengers regarding the risks and dangers arising from the operations that are likely to be encountered.
• The operator shall carry sufficient portable water for passengers.
• The operator shall carry appropriate safety and first aid equipment at all times.
• The operator shall ensure that appropriate risk management systems, strategies and procedures are in place to minimise foreseeable risks to the environment, the operator’s employees, agents or contractors and the passengers.
• The operator shall ensure that a leader supervises all passengers at all times during the operations and that the supervision of the passengers is reasonable in the circumstances of the passengers’ differing levels of fitness, experience and abilities.
• The operator shall not conduct operations unless each group of passengers is accompanied by a leader who holds a current first aid qualification of at least a Level 2 Senior First Aid certificate or equivalent.

• The operator shall report full details of any damage to Cockatoo Island property caused by the operator or any of its passengers forty-eight (48) hours of the occurrence of the damage.
• The operator shall report any incident in which the safety of any passengers were at risk, or where emergency services were contacted in the course of conducting operations.
• In the event of any incident occurring involving the operator, the operator’s employees or passengers that results in a fatality, or injury to any person that requires medical attention from a doctor, medical facility or hospital, the operator must immediately complete the prescribed commercial operator incident report form within forty eight (48) hours of the incident occurring. If the operator was not present at the time of the incident, the operator shall require each of its employees who were involved in or observed the incident to provide the operator with supporting reports including his own incident report.
• The operator agrees that Cockatoo Is Pty Ltd takes no responsibility or liability for the security, loss, damage or otherwise of any vehicle, vessel, machinery, equipment or other goods or property owned by, or under the control of, the operator or passengers.

The operator shall:

• employ or engage only competent and qualified employees, agents and contractors in relation to the operations.

• fully inform all employees, agents and contractors employed or engaged in relation to the operations of the terms of the permit and these conditions relevant to the operations and any other conditions or restrictions applied to the permit.

• ensure that all employees, agents and contractors employed or engaged in relation to the operations of the permit comply with the terms of the permit, these conditions and any other conditions or restrictions relevant to the operations.

• In accepting the permit, the operator agrees that a breach by any employee, agent or contractor of the operator of any of the terms, conditions or restrictions imposed upon the permit shall constitute a breach by the operator and that the operator shall be vicariously liable for such breaches.

• The operator shall prepare, keep and preserve a full record of operations indicating daily, the number of passengers and if requested in writing by Cockatoo Is Pty Ltd.
• The operator shall prepare, keep and preserve in a full record of operations indicating on a daily basis the number of passengers carried, along with their names, state or country of origin and telephone or email contact details. Such records must be made available upon request by Cockatoo Is Pty Ltd.
• The operator shall immediately report any outbreak of fire in the vicinity of the operator’s operations.

The operator shall:

• ensure all rubbish arising from the operations is removed prior to departure from the site of the operation.

• ensure vegetation and animals are not damaged or disturbed.

• ensure the operations do not disrupt other persons and activities.

• The operator shall not promote the operations or display any other advertising material without the prior written consent of Cockatoo Is Pty Ltd.
• If any document used by the operator in the promotion or marketing of the operations is inappropriate or is in any way inconsistent with the terms of the permit, Cockatoo Is Pty Ltd may direct the operator to cease using such document.

The operator agrees toindemnify the Cockatoo Is from and against liability for all actions suits, demands, costs, losses, damages and expenses (claims) (e.g. search and rescue costs) which may be brought against or made upon the Cockatoo Is Pty Ltd caused by or arising in any way out of the conduct of:

• the operator

• the operator’s employees, agents or contractors

• the passengers,

• in relation to the operator’s operations.

• The operator shall at all times during the period of the permit maintain a policy of public liability insurance, that covers the areas and operations allowed under the permit, in the name of the operator to the extent of its rights and interests for a sum of not less than $20 million per event.
• The operator shall provide Cockatoo Is Pty Ltd proof of the existence and currency of such insurance policy whenever requested during the term of the permit.
• The operator shall pay all premiums of the public liability insurance policy when they are due, comply with all of the terms of that policy and shall make the insurer aware of the permit, these conditions and the indemnity given to Cockatoo Is Pty Ltd.

• If the operator fails to comply with any of these conditions or any other condition of the permit, the management of Cockatoo Is Pty Ltd may by notice to the operator require the operator to remedy such failure within a reasonable time.
• If the operator fails to comply with the notice within the time specified, Cockatoo Is Pty Ltd may immediately cancel or suspend the permit.
• Any notice to the operator shall be in writing and may be served upon the operator by addressing it to the operator and sending it by email or post.

• Without limiting the rights of Cockatoo Is Pty Ltd, we reserve the right to suspend, cancel or refuse to renew the permit.
• The expiry, cancellation or termination of the permit from a breach by the operator does not affect any rights in relation to the operator as a result of anything occurred prior to the expiry, cancellation or termination of the permit. Cockatoo Is Pty Ltd reserves the right to add to, cancel, suspend and otherwise vary the terms and conditions of the permit at any time.

The operator acknowledges and accepts that:

• the permit does not give the operator exclusive rights to access Cockatoo Island or exclusive rights to conduct theoperations

The operator shall not:

• Sell, transfer, assign, mortgage, charge or otherwise dispose of or deal with any of its rights or obligations under the permit subcontract the operations.
• If the operator is a corporation the operator is taken to have transferred the permit if:
  – anything occurs, the effect of which is to transfer, directly or indirectly, the management or control of the operator to another person.
  – if there is a change of shareholding of the operator of more than 25 per cent of the issued shares of the operator.