Landowner's Consent to Fossick on Nominated Fossicking Area - Palmerville Station

Gold Fossicking Consent - Standard conditions

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 requests 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 Landowner'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 Landowner's consent for the period of the fossicker's booking paid to the Landowner online at www.diversifiedagriculture.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 Landowner's consent

2.              Access and Fees

(a)            The fossicker must pay the Fee payable to the Landowner online at www.diversifiedagriculture.com.au.

(b)            If the fossicker accesses the Land after the expiry of the fossicker's booking made via 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 request 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:

(iii)           comply with the Fossicking Act 1994 and Fossicking Regulation 2009;

(iv)           comply with the Rules and Responsibilities for Fossickers produced and published by the Queensland Government (as amended from time to time);

(v)            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;

(vi)           follow all directions received from the Gold Fossicking Office at Cannibal Creek;

(vii)          not fossick or camp:

(A)            near water holes or mustering areas;

(B)            on restricted areas within 50m of a:

(1)           dam or water point; or

(2)           mining lease area, mining claim area or area subject to an application for a mining lease;

(viii)         comply with the Code of Conduct published at www.diversifiedagriculture.com.au. from time to time;

(ix)           fossick only on those parts of the Land within the area identified on the map published at www.palmervillegold.com.au from time to time (Designated Fossicking Area), excluding:

(A)            any areas affected by a mining lease or an application for 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 Landowner or the Landowner's staff; and

(E)            any part of Palmerville Station which is outside the boundaries of the Fossicking Area and Campsite. 

(x)            camp only on:

(A)            those parts of the Land within the designated Cannibal Creek camping area identified on the map published at www.diversifiedagriculture.com.au. from time to time (Cannibal Creek Camp); or

(B)            any other camping area advised to you from time to time by the Landowner or the Landowner's staff;

(xi)           carry appropriate identification;

(xii)          take reasonable effort to minimise disturbance to people, livestock, the Landowner's property, trees and vegetation and the creation of erosion hazards;

(xiii)         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; 

(xiv)         ensure all rubbish is removed from the Land by the fossicker as soon as reasonably practicable;

(xv)          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);

(xvi)         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;

(xvii)        not smoke whilst they are on the Land;

(xviii)       not take firearms onto the Land;

(xix)         not take illegal and/or illicit drugs onto the Land;

(xx)          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 Landowner or the Landowner's staff);

(xxi)         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;

(xxii)        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.

(xxiii)       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;

(xxiv)      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

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 Landowner's consent to fossick on the Land, warrants to the Landowner that on the date the Landowner'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.

Special Conditions

6.              Nominated fossicking area

6.1           Access to nominated fossicking area

(a)            Notwithstanding clause 2 of this document, the fossicker is permitted to fossick on those parts of the Land identified in Attachment 1 (Nominated Area).

(b)            The Nominated Area is not to exceed an area of 1,000m². The Landowner may amend the Nominated Area by notice in writing to the fossicker if the area exceeds 1,000m².

6.2           Landowner will not permit access to Nominated Area for other fossickers 

(a)            The Landowner will not permit any other person to fossick on the Nominated Area.

(b)            The Nominated Area will be identified as a restricted area by the Landowner or the Landowner's staff for other fossickers.

6.3           Use of Nominated Area

(a)            The fossicker acknowledges that:

(i)              Palmerville Station is a working cattle station and that the Landowner carries out regular mustering activities; and

(ii)             the Landowner may carry out mustering activities on or near the Nominated Area during the term of this document. 

(b)            The fossicker may:

(i)              camp on the Nominated Area; and

(ii)             park a vehicle/s on the Nominated Area.

(c)             Subject to obtaining the prior written consent of the Landowner, which shall not be unreasonably withheld, and any other approval/licence required, the fossicker may:

(i)              place a caravan, motor home, tent; or erect a temporary structure on the Nominated Area;

(ii)             use a generator, solar system and/or batteries on the Nominated Area;

(iii)            place a shipping container or other lockable temporary structure on the Nominated Area;

(iv)           place a cement hardstand on the Nominated Area where a caravan, annex or non-permanent structure can be erected; and

(v)            plant fruit and vegetables for personal consumption on the Nominated Area;.

(d)            If the Landowner consents to the fossicker erecting a temporary structure on the Nominated Area:

(i)              the fossicker must comply with all conditions nominated by the Landowner in its consent; and

(ii)             all structures, waste and debris must be removed from Palmerville Station at the end of the term of this document, unless otherwise advised in writing by the Landowner.

(e)            The Nominated Area must be returned to its natural state as determined by the Landowner acting reasonably at the end of the term of this document.

(f)              The fossicker must remove all waste from the Nominated Area and either:

(i)              dispose of the waste at a location outside of Palmerville Station; or

(ii)             dispose of the waste on Palmerville Station in accordance with the directions of the Landowner or the Landowner's staff.

(g)            Any toilet facilities used by the fossicker on the Nominated Area must be:

(i)              self-contained, composting toilet facilities; or

(ii)             approved in writing by the Landowner.

(h)            The fossicker must not invite any other person/s onto the Nominated Area unless that person/s have a fossicking licence under the Fossicking Act 1994 and a permit to fossick issued by the Landowner. 

(i)              The Landowner will give the fossicker up to three additional discounted season passes for family and/or friends to use. The first pass will be discounted by 50% and the second and third passes will be discounted by 25%.

(j)              The fossicker must not undertake any commercial activities on the Nominated Area including, but not limited to, tours and retail/wholesale sales of goods.

(k)             The Landowner will identify the Nominated Area by placing at least four posts with signs on the boundary of the Nominated Area.

(l)              Subject to obtaining the prior written consent of the Landowner, the fossicker may store fuel and/or chemicals on the Nominated Area. All fuel and/or chemicals must be stored in accordance with:

(i)              the directions of the Landowner; and/or the Landowner's staff; and 

(ii)             all biosecurity rules, regulations of the State of Queensland, The Commonwealth Government.

(m)           If the fossicker plants fruit and vegetables for personal consumption on the Nominated Area, the fossicker must comply with:

(i)              all biosecurity rules, regulations of the State of Queensland, The Commonwealth Government; and 

(ii)             the Palmerville Station Biosecurity Plan published at www.diversifiedagriculture.com.au from time to time.

(iii)            https://www.daf.qld.gov.au/news-media/campaigns/on-farm-biosecurity/farm-check-in

(n)            The fossicker may use quad bikes on the Nominated Area provided that all quad bike/s:

(i)              have roll-over protection; and 

(ii)             are approved by the Landowner or the Landowner's staff.

6.4           Inspections of the Nominated Area

(a)            The fossicker acknowledges that biosecurity inspections of the Nominated Area will be carried out twice annually by a person authorised by the Landowner.

(b)            The fossicker acknowledges that cleanliness and hazard inspections of the Nominated Area may be carried out by a person authorised by the Landowner at any time.

6.5           Renewal of Nominated Area

(a)            The fossicker will notify the Landowner in writing on or before 1 October 2022 if the fossicker wishes to seek consent to fossick on the Nominated Area after the term of this document.

6.6           Fishing Permission, red-claw crayfish and orchards

(a)            Fishing maybe undertaken in watercourses and dams within or adjoining the Nominated Area.

(b)            The fossicker acknowledges that:

(i)              fish may be caught for personal consumption only;

(ii)             red-claw farming and barramundi farming is conducted on the Land and the taking of red-claw and/or barramundi from the farming operations is only authorised by the Landowner or the Landowner's staff; and

(iii)            orchards operate on the Land and the taking of mangoes, avocados or other fruit is only authorised by the Landowner or the Landowner's staff. 

6.7           Water Licence and Access Agreement

(a)            The fossicker may draw water from a dam or water storage facility located on or near the Nominated Land and nominated by the Landowner in writing.

(b)            The fossicker may draw up to one mega litre during the term of this document for no additional fee (Allocated Water).

(c)             The fossicker acknowledges that the commercial value of water is $1,000 (one thousand dollars) per mega litre (one million litres or 1,000,000 litres).

(d)            Additional water can be purchased by the fossicker at the bulk commercial rate of $1,000 per megalitre.

(e)            Water can be pumped from the dam to a holding tank or other water holding facility.

(f)              If the Allocated Water is not used in any given year, it is forfeited and does not carry into future period/s.

6.8           Breach of ‘Nominated Area’ rules, policies, Termination and cancellation

(a)            This document can be terminated at any time by the Landowner for:

(i)              breach of the terms and conditions of this document;

(ii)             change in legislation and or permissions regarding the use of Fossicking Areas; or

(iii)            change of Circumstance of the Landowner.

(b)            This document will terminate if the fossicker's fossicking licence under the Fossicking Act 1994 is cancelled or lapses.

6.9           Wet Season Access and Rules

(a)            The fossicker acknowledges that access to Palmerville Station during the wet season is often cut off by flood waters, rain events or damaged roads. 

(b)            The fossicker agrees that access to Palmerville Station is at the fossickers risk including for:

(i)              access to the Nominated Area;

(ii)             access to the Designated Fossicking Area;

(iii)            access to the Cannibal Creek Camp Site;

(iv)           access to leave Palmerville Station and/or return to Palmerville Station; and

(v)            damage to any property kept or stored in the Nominated Area or on Palmerville Station.

6.10        Savannah Burning Sequestration Project

(a)            The fossicker acknowledges that: 

(i)              the Landowner is undertaking or intends to undertake, a Savannah Burning Sequestration Project (Savannah Burning Project) in accordance with the Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth); and

(ii)            a fire started on the Land other than in accordance with the Savannah Burning Project may cause the Landowner to suffer loss or damage over and above the loss or damage that would ordinarily be suffered as a result of a fire started on the Land. 

(b)            The fossicker indemnifies the Landowner against any loss caused to the Landowner as a result of a fire started on the Land by the fossicker's negligent act or omission in accordance with this clause 6.10. 

7. Mining Lease Application Areas

(a)             There is no fossicking on mining lease application areas.

Signing

Signed sealed and delivered as a deed

By using this web site and proceeding with a purchase on this web site, you are deemed to have accepted the above terms and conditions.