Application To Hold An Event Or Activity Within The Port Of Broome

Conditions

The Applicant agrees that if KPA consents to the Applicant holding the Activity, then the Applicant will be bound by the following conditions:

  1. The Applicant is responsible for ensuring that the Applicant and its guests, staff, employees, invited or uninvited members of the public do not breach the provisions of the Port Authorities Act 1999, the Port Authorities Regulations 2001 or the Port Standards and Procedures.
  2. At the conclusion of the event or activity, the Applicant must remove all litter (including cigarette butts) from the Site and leave it in the same condition it was in prior to the Activity.
  3. The Applicant must ensure that neither the Applicant nor any of its guests, staff, employees, invited or uninvited members of the public feeds any bird life or interferes or damages any vegetation or naturally occurring structure on Port Land.
  4. That, if alcohol is to be served in the course of the event or activity, the Applicant will, if feasible, only allow alcohol to be served in plastic cups. The Applicant will encourage its guests, staff, employees or invited members of the public to consume alcohol responsibly. The Applicant is to ensure that nobody brings alcohol onto Port Land to be consumed as part of the Applicant’s approved activity without first having obtained express prior approval from KPA. The Applicant shall have in place to the satisfaction of KPA procedures for removing and excluding intoxicated persons from the Site. KPA has a zero tolerance policy in respect of drugs being used for recreational purposes on Port Land.
  5. The KPA does not guarantee, and the Applicant acknowledges, that the Site will be available on the requested day or that Port activities will not interfere with the proposed event or activity. For example cattle may be loaded on the day that the event or activity is planned or as a consequence of a security alert access to Port Land may be denied.
  6. The Applicant:
    • will be responsible for the Applicant's own safety and the safety of its guests, staff, employees, invited and uninvited members of the public;
    • must make its own risk assessment of the Activity and proposed location;
    • take all steps necessary to minimise those risks; and
    • arrange its own appropriate insurance cover.
  7. The Applicant must ensure that children are supervised by an adult at all times.
  8. The Applicant acknowledges that KPA's public toilet facilities are limited and that the Applicant will need to make an assessment of the adequacy of those facilities. A portable toilet is available for hire from KPA. For large-scale events and activities, the Applicant is responsible for making appropriate arrangements to hire additional portable toilets.
  9. The Applicant must pay all costs associated with any damage caused by the Applicant or guests, staff, employees, invited and uninvited members of the public to Port Land or KPA property.
  10. It is an express condition of the Applicant's entry to Port Land that the Applicant, for itself, its Associates and for the Applicant's and Associate’s heirs, executors, assigns and next of kin and each of them release, waive and discharge KPA and its Associates of and from all liability, claims or demands for all injuries, losses, damages of any kind or nature (including the legal costs of defending or setting any action, claim or demand on a solicitor/client basis) to the Applicant and any of the Applicant's Associates and of any minor under the Applicant or the Applicant's Associates' supervision, whilst on Port Land.
  11. Nothing in or arising out of this Licence:
    • obliges KPA to stop (either temporarily or permanently) any third party from carrying on any activity in the Port or otherwise on Port Lands in order to enable the Applicant to do anything;
    • precludes KPA from granting third parties rights to use any part of the Port, Port Land or anything in the Port for any other purposes;
    • imposes any legal or equitable obligations on KPA to protect the Applicant or any of its activities from the activities of other Port users;
    • is intended to create any duty of care on KPA's part in favour of the Applicant; or
    • is intended to incorporate into this Licence any implied obligations or implied responsibilities of any kind on KPA's part in favour of the Applicant.
  12. No filming or photography for commercial purposes should be carried out on Port Land without prior written consent from the KPA.
  13. The Applicant will ensure that neither the Applicant nor its Associates engages in any activity likely to demean KPA, its Associates or the Yawuru people.
  14. In these conditions the following definitions apply:
    • "KPA" means the Kimberley Ports Authority, being a body corporate with perpetual succession established under the Port Authorities Act 1999 (WA);
    • "Port Land" means the land (including the seabed and waters) vested in the KPA;
    • "Associates" means directors, employees, licences, invitees, contractors or related entities (as defined in the Corporations Act 2001);
    • "Site" means the portion of the Port Land on which the Applicant proposes the Activity take place; and
    • "Licence" means the licence to enter on to Port Land to carry out the Activity in accordance with the conditions set out above.

If signing on behalf of an organisation, please indicate capacity in which signing (e.g., Director, Secretary, etc.)