Compulsory Information for Palmerville Station

We can’t wait for you to get here. Before you come, we do have a few details to add before you finalise your booking.

  1. We require Landowners consent and agreement to the terms and conditions of Palmerville Gold and acknowledgement of the Code of Conduct. Just click in each check box to “agree”. Once you submit the form it will be sent to us prior to your booking.
  2. You must hold a current Fossickers Licence, A QLD Fossickers Licence is available for $56.25 for 1 year.
Terms and Conditions: Landowner's Consent to Fossick - Palmerville Station Background A Chelsea on the Park Pty Ltd ABN 58 165 795 335 (Landowner) is the registered owner of Lot 14 on SP250040, Title Reference 17666154 (Land). B The fossicker has been granted a fossicking licence and request the permission of the Landowner to fossick on the Land in accordance with section 27 of the Fossicking Act 1994. C In consideration for payment of the fossicking fee and subject to the terms and conditions set out below, the Landowner permits the fossicker to access and fossick on the Land for the purposes of section 27 of the Fossicking Act 1994. The fossicker has read and accepts the terms and conditions of the Landholder's consent. 1. Landowner's consent The Landowner permits the fossicker to access and fossick on the Land for the purposes of section 27 of the Fossicking Act 1994 and in accordance with the terms of the Landholder's consent for the period of the fossicker's booking paid to the Landowner online at http://www.palmervillegold.com.au. The fossicker agrees access the Land for the purpose of fossicking only in accordance with these terms and conditions. Terms and Conditions of the Landholder's consent 2. Access and Fees (a) The fossicker must pay the Fee payable to the Landowner online at http://www.palmervillegold.com.au. (b) If the fossicker accesses the Land after the expiry of the fossicker's booking made via http://www.palmervillegold.com.au, the fossicker must pay to the Landowner (in the way directed by the Landowner) an amount equal to $35 per day from the date of expiry of the booking up to and including the last day of access (Late Access Fee). If the fossicker fails to pay the Late Access Fee in the way directed by the Landowner, the fossicker will be considered a trespasser. The Landowner reserves the right to rely on this document in any proceedings for trespass. (c) The fossicker may: (i) Purchase diesel when available for sale from the station manager, as this is a remote area including significant transport and infrastructure cost, it is available at $2.20 per litre. (ii) Purchase access to WIFI that is available in some locations for $5 per GB of data used (when available). (d) the fossicker must: (i) comply with the Fossicking Act 1994 and Fossicking Regulation 2009; (ii) comply with the Rules and Responsibilities for Fossickers produced and published by the Queensland Government (as amended from time to time); (iii) access the Land via the Whites Creek Road entrance, proceed directly to the Cannibal Creek Check Point and report to the Gold Fossicking Office at Cannibal Creek; (iv) follow all directions received from the Gold Fossicking Office at Cannibal Creek; (v) not fossick or camp near water holes, mustering areas and restricted areas within 50m of a dam or water point, mining lease area, mining claim area; (vi) comply with the Code of Conduct published at http://www.palmervillegold.com.au from time to time; (vii) fossick only on those parts of the Land within the area identified on the map published at http://www.palmervillegold.com.au from time to time, excluding: (A) any areas affected by a mining lease ; (B) access tracks to any mining lease where private road or no entry signs are posted; (C) fenced-off dwellings and infrastructure; (D) any part of the Fossicking Area and/or Campsite which is identified as a restricted area by the Landholder or the Landholder's staff; and (E) any part of Palmerville Station which is outside the boundaries of the Fossicking Area and Campsite. (viii) camp only on those parts of the Land: (A) within the designated Cannibal Creek camping area identified on the map published at http://www.palmervillegold.com.au from time to time (Cannibal Creek Camp); or (B) any other camping area advised to you from time to time by the Landholder or the Landholder's staff; (ix) carry appropriate identification; (x) take reasonable effort to minimise disturbance to people, livestock, the Landowner's property, trees and vegetation and the creation of erosion hazards; (xi) as soon as reasonably practicable notify the Landowner: (A) if there are any disturbances or damage to people, livestock, the Landowner's property, trees, vegetation or the Land caused by the fossicker; and (B) of any fire on the Land; (xii) ensure all rubbish is removed from the Land by the fossicker as soon as reasonably practicable; (xiii) fully wash down vehicles prior to entering the Land and provide: (A) a time dated photo of a wash down of the vehicle, proving that the vehicle was washed prior to entering the Land; and (B) a completed and signed bio security checklist in respect of the vehicle (a copy of the template checklist for the vehicle can be downloaded from https://www.daf.qld.gov.au/__data/assets/pdf_file/0016/64006/IPA-Inspection-Procedures.pdf); (xiv) observe a maximum speed limit of 40km/h on all property tracks but in any event, at all times drive safely having regard to risks to people and livestock, and at a speed that shall minimise dust, noise and disturbance; (xv) at all times abide by all instructions given to it by the Landowner in relation to the closing or shutting of gates on the Land, and in the absence of instruction, all gates are to be left in the same state as they were found, unless instructed otherwise by the Landowner; (xvi) not smoke whilst they are on the Land; (xvii) not take firearms onto the Land; (xviii) not take illegal and/or illicit drugs onto the Land; (xix) ensure fires are not lit on the Land in any circumstance, other than within the designated areas at the designated Cannibal Creek Camp (or within areas advised by the Landholder or the Landholder's staff); (xx) comply with all applicable laws relating to access and use of the Land and any further rules regarding access to or use of the Land, as agreed and amended from time to time; (xxi) not do anything or omit to do anything that would put the Landowner in breach of its lease of the Land or its obligations under all applicable laws including the Land Act 1994, Queensland Heritage Act 1992 (Qld), Vegetation Management Act 1999, Mining and Quarrying Safety and Health Act 1999, Environmental Protection Act 1994 and the Aboriginal Cultural Heritage Act 2003. (xxii) carry a copy of the consent, applicable fossicking licence and fossicking permit at all times and present to any authorised employee or contractor of the Landowner or to any mining lease operator that conducts mining on authorised mining lease on Palmerville station. Failure to present a copy of the consent will result in cancellation of the consent; (xxiii) ensure that any animals taken on to the Land are appropriately restrained at all times and acknowledges that: (A) the fossicker is responsible for any animals brought onto the Land by the fossicker; (B) the Landowner is actively baiting for pests on the Land; and (C) no pigging dogs are to be brought onto the Land or pig hunting conducted on the Land at any time 3. Risk, Release, Indemnity and Insurance 3.1 Risk The fossicker's access and use of the Land to fossick is entirely at the risk and cost of the fossicker. 3.2 Release The fossicker releases the Landowner from, and agrees that the Landowner is not liable for any claim, loss or damage arising from, or incurred in connection with the fossicker's access to and use of the Land. 3.3 Indemnity The fossicker shall indemnify and continue to indemnify the Landowner against: (a) loss or damage to the Land, property or livestock of the Landowner (including without limitation to any property or livestock under the care and control of the Landowner) or any third party; and (b) claims by any person against the Landowner in respect of personal injury, death or loss of or damage to any property, arising out of or as a consequence of the fossicker's access to and use of the Land. 3.4 Continuing obligation Each indemnity is independent from the fossicker's other obligations. The Landowner may enforce an indemnity before incurring expense. 4. General 4.1 Governing Law This document is governed by and is to be interpreted according to the laws in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts operating in Queensland. 4.1 Warranty of Authority Each person who receives the Landholder's consent to fossick on the Land, warrants to the Landowner that on the date the Landholder's consent to fossick is provided,, that person has full authority to agree to be bound by these terms and conditions. 5. GST All fees and amounts expressed in this document are inclusive of GST.
Background This code of conduct (Code) applies to all persons accessing the general purpose fossicking area (Fossicking Area) and Cannibal Creek campsite (Campsite) at Palmerville Station pursuant to an arrangement with BA Retail Pty Ltd as Trustee (Palmerville Gold) (Fossickers). The purpose of this Code is to: • ensure that all Guests are aware of their obligations whilst accessing the Fossicking Area and Campsite; • minimise any impact on the environment, biodiversity and historical or culturally significant areas of Palmerville Station; and • minimise any impact on the day-to-day operations of Palmerville Station carried out by Chelsea on the Park Pty Ltd ABN 58 165 795 and Diversified Agriculture Pty Ltd ABN 85 635 582 928 (Station Operators). To achieve that purpose, Palmerville Gold (and the Station Operators) have adopted a zero tolerance policy. Any failure to comply with the Code will result in immediate cancellation of Fossickers' bookings and exclusion from the Fossicking Area and Campsite. Fossickers' obligations Fossickers must ensure that they comply with the obligations set out below, at all times. Expectations 1. Fossickers must comply with: (a) all requirements of the Fossicking Act 1994 (Qld) and the Fossicking Rules and Responsibilities published on the Queensland Government website and updated from time to time; (b) the conditions of the Landholder's Consent to Fossick; and (c) any instruction given to them by the Station Operators' staff or Palmerville Gold. To the extent of any inconsistency between the Fossicking Rules and all requirements of the Fossicking Act 1994 (Qld), the conditions of the Landholder's Consent to Fossick and any instructions from the Station Operators' or Palmerville Gold and this Code, those requirements shall prevail over this Code in the order set out above. 2. Fossickers must ensure that their behaviour toward Palmerville Gold, other fossickers and the Station Operators (including the Station Operators' employees and invitees) is respectful and appropriate at all times. Palmerville Gold and the Station Operators will not tolerate anti-social behaviour. Access to the Fossicking Area and Campsite 3. Fossickers must not access the following areas (Restricted Areas): (a) the area of any mining lease affecting the Fossicking Area (these areas are identified on the map available on the Palmerville Gold website from time to time; (b) access tracks to any mining lease where private road or no entry signs are posted; (c) fenced-off dwellings and infrastructure; (d) any part of the Fossicking Area and/or Campsite which is identified as a restricted area by the Station Operators' staff; and (e) any part of Palmerville Station which is outside the boundaries of the Fossicking Area and Campsite. 4. Fossickers are responsible to familiarise themselves with the location of the Restricted Areas. 5. Fossickers must only camp within the Campsite (or any other designated campgrounds advised by Palmerville Gold). 6. Fossickers must travel to the Fossicking Area and Campsite via four-wheel drive equipped for travel to a remote cattle station in Far North Queensland. 7. Fossickers must carry or display the permit issued to them by Palmerville Gold at all times and produce the permit issued to them by Palmerville Gold, if requested by the Station Operators' staff. Health and safety 8. Fossickers must ensure that their health and fitness is of a standard satisfactory to allow them to travel to, and participate in activities at, the Fossicking Area and Campsite. 9. Fossickers must ensure they carry sufficient supplies and equipment at all times, including but not limited to adequate drinking water, GPS EPIRB and a handheld UHF radio (Palmerville Gold is contactable on UHF 14). 10. Fossickers must report any unauthorised fire to Palmerville Gold as soon as possible. 11. Fossickers must ensure that fires are only lit within the designated areas at the Campsite (or within areas advised by the Station Operators' staff). 12. Fossickers must ensure that waste from any ablutions performed outside designated toilet areas is completely buried at a depth of at least 30cm below surface level. 13. Fossickers must remove all rubbish (including cigarette butts) from the Fossicking Area and Campsite. Fossicking activities 14. Fossickers must ensure that all gates are left as directed by the Station Operators, or if no direction has been given, as they were found (ie if a gate is open, it is to be left open). 15. Fossickers must not remove any items from any abandoned mine site or camp, dwelling or infrastructure. 16. Fossickers must ensure that all detector holes are completely refilled and any raked areas are reinstated with leaf litter and/or any grasses removed. 17. Fossickers acknowledge that fossicking is not permitted on the Palmer Goldfield Resources Reserve administered by the National Parks and Wildlife Service.
Terms and Conditions Definitions Booking Fee means the camping and fossicking fees advertised on the Palmerville Gold website, which are quoted in Australian Dollars (AUD) and inclusive of Goods and Services Tax. The camping and fossicking fees are subject to change from time to time, at the discretion of Palmerville Gold. Campsite means the designated Cannibal Creek camping area identified on the map published on the Palmerville Gold website from time to time and any other camping area advised to you from time to time by Palmerville Gold or the Station Operators. Fossicking Area means the area identified on the map published on the Palmerville Gold website from time to time, excluding any areas affected by a mining lease. Landholder means Chelsea on the Park Pty Ltd ABN 58 165 795 335. Palmerville Gold means BA Retail Pty Ltd as Trustee for the BA Retail Trust ABN 20 224 469 334, when carrying out activities at Palmerville Station. Station Operators means the Landholder and Diversified Agriculture Pty Ltd ABN 85 635 582 928. Your obligations 1. You: (a) have, or will obtain, a fossicking licence granted pursuant to the Fossicking Act 1994 (Qld). (b) have, or will obtain, the Landholder's consent to fossick and you agree to be bound by the terms of the Landholder's Consent to Fossick. (c) have read the Fossicking Rules and Responsibilities published on the Queensland Government website and updated from time to time. You agree to abide by the Fossicking Rules and Responsibilities at all times whilst on the Fossicking Area and Campsite. (d) have read the Code of Conduct available on the Palmerville Gold website. You agree to abide by the Code of Conduct at all times whilst on the Fossicking Area and Campsite. Bookings, changes and cancellations 2. Payment of the booking fee confirms your ability to stay at the Campsite and access the Fossicking Area on the date(s) specified by you at the time of booking. Acceptance of your booking by Palmerville Gold does not confer any interest in the Fossicking Area nor any authority under the Mineral Resources Act 1989 (Qld) or the Fossicking Act 1994 (Qld). 3. Any request to change the date(s) specified by you: (a) must be made in writing at least 30 days prior to the date upon which access to the Campsite and Fossicking Area was to commence. Any request made less than 30 days prior to the date upon which access to the Campsite and Fossicking Area was to commence may be treated as a cancellation and/or incur a change fee. (b) must commence on a date which is not more than 30 days after, and within the same calendar year as, the date upon which access to the Campsite and Fossicking Area was to commence (Proposed Date(s)). (c) will only be permitted if there is sufficient availability at the Campsite for the Proposed Date(s). If there is insufficient availability at the Campsite for the Proposed Date(s), your booking may be treated as a cancellation. Palmerville Gold is not required to ensure that there is sufficient availability at the Campsite for the Proposed Dates. 4. If you are unable to honour your booking, any cancellation request must be made in writing to Palmerville Gold no less than seven (7) days prior to the date upon which access to the Campsite and Fossicking Area was to commence. Any cancellation request made less than seven (7) days prior to the date upon which access to the Campsite and Fossicking Area was to commence will incur a cancellation fee of 20% of the Booking Fee. 5. Palmerville Gold reserves the right to make changes to your booking without notice to you as a consequence of road conditions, inclement weather, the Station Operators' operational considerations or other matters. You acknowledge that: (a) Palmerville Gold may be required to cancel or change your booking; and (b) if Palmerville Gold is required to cancel or change your booking, Palmerville Gold will endeavour to make suitable alternative arrangements. Acknowledgements 6. You acknowledge that: (a) acceptance of your booking by Palmerville Gold permits you to access the Fossicking Area and the Campsite only. You agree that you will not access any other part(s) of Palmerville Station, except in the case of an emergency. (b) prior to entry onto the Fossicking Area and/or Campsite, you are required to provide: (i) proof of vehicle washdown (including a time dated photo of a wash down of your vehicle, proving that the vehicle was washed prior to entering the Fossicking Area and/or Campsite); and (ii) a copy of the fossicking permit issued to you by the Department of Resources for inspection by Palmerville Gold, (c) failure to provide proof of vehicle washdown and/or a copy of the fossicking permit issued to you by the Department of Resources to Palmerville Gold prior to entry onto the Fossicking Area and/or Campsite may result in cancellation of your booking and that the Booking Fee may not be refunded to you. (d) Palmerville Gold may require that you provide: (i) emergency contact details and information. You agree to provide such information as Palmerville Gold may consider necessary, if requested by Palmerville Gold. Palmerville Gold will only use your personal information in accordance with its Privacy Policy (a copy of which can be obtained from Palmerville Gold) and the Privacy Act 1988 (Cth). (ii) a signed waiver in relation to your access to the Fossicking Area and/or Campsite in favour of Palmerville Gold and/or the Palmerville Station Operators. You agree to provide a signed waiver in favour of Palmerville Gold and/or the Palmerville Station Operators, if requested by Palmerville Gold. (e) failure by you to provide emergency contact details and information and/or signed waiver(s) (if requested by Palmerville Gold), may mean that you are denied access to the Fossicking Area and Campsite. (f) you are responsible for your own safety at all times and that you are required to ensure that you have with you at all times any necessary supplies and equipment, including but not limited to sufficient drinking water, GPS EPIRB and handheld UHF radio to contact Palmerville Gold on UHF14 or other emergency service. (g) you may participate in activities which involve certain risks and dangers beyond the control of Palmerville Gold and the Station Operators, including but not limited to bushwalking, camping, metal detecting/fossicking and travelling to remote, undeveloped locations (in particular, parts of the Fossicking Area and Campsite may be slippery and/or have sections of uneven, rocky ground). (h) travel to the Fossicking Area and Campsite requires: (i) travel to a remote cattle station, located within an area subject to fire, flood and severe weather events (including but not limited to cyclones and tropical downpours) and isolated from hospitals and emergency services. You acknowledge and agree that your travel to the Fossicking Area and Campsite is at your own risk. (ii) a level of health and fitness sufficient to allow you to negotiate the risks and hazards associated with travel to a remote cattle station and carrying out fossicking activities in that location. (i) Palmerville Gold may terminate your booking if, in the opinion of Palmerville Gold or the Station Operators, your conduct or condition (whether physical or mental) places your own safety, the safety of other fossickers, the safety of Palmerville Gold's associates, the safety of the Station Operator's associates or stock or the safety of any other person with a lawful right to be on Palmerville Station at risk or otherwise affects the enjoyment of the Fossicking Area or Campsite by other fossickers. In the event that your booking is terminated, the Booking Fee may not be refunded to you. (j) Palmerville Gold cannot guarantee gold finds and makes no representation about the quality or quantity of gold contained within the Fossicking Area. Liability and indemnity 7. Palmerville Gold and the Station Operators are not responsible or liable for any damage, injury or loss of property, loss of enjoyment, damage or injury to person or any loss of life sustained whilst on the Fossicking Area, Campsite or any part of Palmerville Station, except to the extent that such damage, injury or loss arises as a consequence of the deliberate act or omission or gross negligence of Palmerville Gold or the Station Operators. 8. You agree to indemnify, defend and hold harmless Palmerville Gold and the Station Operators, their directors, officers, employees, consultants, agents and affiliates, from any and all claims, liability, damages or costs (including by any third party made against Palmerville Gold and the Station Operators, their directors, officers, employees, consultants, agents and affiliates) arising from your access to and use of the Fossicking Area and Campsite or any unauthorised access to any part of Palmerville Station. Severability and jurisdiction 9. If any part of these terms and conditions is unenforceable (including any provision in which Palmerville Gold or the Station Operators exclude liability to you) the enforceability of any other part of terms and conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law. 10. The above terms and conditions, incorporating any documents expressly referred to in these terms and conditions, constitute the entire agreement between you and Palmerville Gold and supersede any and all preceding and contemporaneous agreements or correspondence between you and Palmerville Gold. Jurisdiction and dispute resolution 11. These terms and conditions are governed by the laws in force in Queensland. You agree: (a) to submit to the exclusive jurisdiction of the courts of that jurisdiction. (b) prior to any proceeding being commenced in a court of competent jurisdiction, any dispute between you and Palmerville Gold must be dealt with in accordance with the following procedure: (i) either party may give the other party a written notice specifying the nature of the dispute (Notice). (ii) following service of the Notice the parties will in good faith attempt to resolve the dispute by negotiation, mediation, expert determination or as otherwise agreed within 30 business days of service of the Notice. (iii) if the parties cannot agree upon the method by which resolution of the dispute is to occur within seven (7) days of receipt of the Notice, the parties must mediate the dispute.
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