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.