PARKS AND WILDLIFE COMMISSION OF THE NORTHERN TERRITORY
APPLICATION FORM FOR A MAJOR CONCESSION
TO BE COMPLETED AND SIGNED BY APPLICANT
A Major Concession is defined as major facilities, services or guided leisure activities that include a motel, caravan park/camping area, a restaurant/food outlet, etc. (that may operate minor hire operations such as canoes, row boats, bicycles, etc.), an international standard safari camp or significant park based tours such as a guided boat tour, etc.
1.PROPOSED CONCESSION:
(a)Title of proposed Service/Facility
(b)Location of proposed Service/Facility
2.PLEASE NOTE:
To allow this Application to be assessed, please supply all relevant information.
For Clauses 11 to 27, please attach a separate schedule, with the Clause number and Heading displayed at the commencement of the relevant schedule.
3.APPLICATION FORM NOT AN OFFER:
Notwithstanding that the applicant may have been notified by the Parks and Wildlife Commission that their application is successful, until formal documentation evidencing the grant is executed, there is no binding agreement between the Parks and Wildlife Commission and the applicant and until such time as the formal documentation is executed, the Commission has the right to not proceed with the proposed grant of the concession to the applicant. This Application form does not constitute an offer at law.
4.GENERAL GUIDELINES:
Concessions within Commission managed land will only be granted if they are consistent with the preservation of the values for which the land was set aside.
The use of the Service/Facility provided by the concession should enhance the appropriate use and enjoyment of the land.
The Concession Service/Facility will be located and provide services within Commission managed lands in such a manner as to minimise harm to the natural environment, maintain aesthetic values and be compatible with the management and conservation objectives for the particular piece of land.
Where a Plan of Management is in force, a concession will only be granted in accordance with that Plan.
(a)Insurance:
The successful Applicant is required to provide, prior to execution of the permit, proof of:
(a)Public Liability and Indemnity cover of not less than $10 million for any one single accident or event;
(b)Comprehensive Insurance for any property owned or otherwise exclusively used by the Applicant in the Operation, and
(c)Ensure that the insurance policies are in the joint names of the Permit/Lease Holder, the Commission and where appropriate the Conservation Land Corporation or other owner of Commission managed land.
(b)Services And Utilities:
The cost of services and utilities used (exclusively) by an applicant (and its clients) and supplied by the Commission will be borne by the applicant.
The charges will be based on the cost to the Commission of providing and operating such services and utilities but will not include the costs of installation or maintenance of the services or utilities, unless negotiated otherwise.
Where suitable reticulated services and utilities exist, the Commission will allow the Concessionaire to connect to those services at the Concessionaire’s cost.
Where no suitable reticulated services or utilities exist, the Concessionaire will be responsible for providing, at its cost, the services and utilities it requires.
However, for major concessions the opportunity to negotiate the provision of such services by the Commission or other Government Agencies exists.
(c)Maintenance:
The Applicant shall be responsible for the maintenance and upkeep of premises and infrastructure services that it owns or otherwise exclusively uses for a concession.
Where the premises and infrastructure services are owned by the Commission and used exclusively by the Applicant the responsibility for structural repairs shall be as negotiated.
5.APPLICANT:
Please provide the following information, as applicable:
(a)(Please tick) COMPANY PARTNERSHIP SOLE TRADER
(b)If a Company:
i.Company Name:
ii.A.C.N. Number:
iii. A.B.N. Number
IV. Address of Registered Office:
(c)Trading Name:
(d)Postal address:
(e)Trading (Street) Address:
(f)Business Phone:Mobile Phone:
After Hours Phone:Facsimile No:
(g)Contact Name:Title:
(h)Name/s of Directors, Partners or Sole Trader
DirectorPartnerSole Trader
i.
ii.
iii.
6.PROPOSED TRADING NAME:
Proposed Trading Name for the Service/Facility (if any)
7.ACCOUNTANT:
(a)Name
(b)Telephone Number
(c)Contact Name
8.SOLICITOR:
(a)Name
(b)Telephone Number
(c)Contact Name
9.TRADING BANK(S):
(a)Bank
(b)Branch
(c)Name of Account(s)
(d)Telephone Number
(e)Contact Name
10.TRADE REFERENCES:
Three (3) written references that are relevant to assessing the proposed Service/Facility are required and must be attached to this application; with details of the name, organisation, business title and telephone contact of the referee included below. One of the references must relate to the proponent’s financial capacity to conduct the operation. The Commission will reserve the right to contact the nominated referees.
(a)Business Name:
Name of Contact:
Title:
Telephone:
(b)Business Name:
Name of Contact:
Title:
Telephone:
(c)Business Name:
Name of Contact:
Title:
Telephone:
11.BUSINESS EXPERIENCE:
Please attach for each Company Director, Partner or Sole Proprietor:
(a)A resume of current and previous business experience for the last 10 years;
and
(b)Details of management or other experience in similar service/projects.
12.DETAILED DESCRIPTION AND LOCATION OF THE PROPOSED SERVICE/PROJECT:
Basic specifications with relevant draft drawings or plans shall be prepared by the Applicant and submitted with this application.
A location plan of the proposed service or project is required.
Architectural plans may later be required from the successful Applicant.
Where a proposal includes the operation of tours, the application shall include plans of the proposed routes.
13.COMPATIBILITY OF SERVICE/PROJECT:
Describe how the proposed service/project complies with the Plan of Management, Area Statement or Development strategy for the Park/Reserve.
14.ASSESSMENT CRITERIA:
When applicable to selected concession proposals, the Parks and Wildlife Commission will identify specific assessment criteria which will be detailed in "Annexure A" and supplied with application proposal documentation.
It is important for the Applicant to supply comprehensive answers and information in response to "Annexure A", when and if it is provided.
15.WORK ON PROJECT BY APPLICANT:
Please advise:-
(a)Details of Work/Improvements
(b)Amount of proposed expenditure
(c)Number of Employees and Sub-Contractors required
(d)Time schedule to complete proposed work
16.SERVICE/PROJECT BENEFITS:
Please describe proposed benefits, including:-
(a)Benefits to Park/Reserve Management that the proposed service/project will provide.
(b)Benefits to Visitors/Tourists.
17.STANDARDS:
A high standard of service is sought to ensure public appreciation and acceptance.
Please detail on a separate schedule headed "STANDARDS":-
(a)Presentation and appearance of the proposed service.
(b)Proposed staff uniforms and staff training.
(c)Safety Standards.
(d)Aesthetic aspects of the proposal.
(e)What environmental guidelines will be provided for the project.
18.HOURS OF OPERATION AND FREQUENCY OF SERVICE:
Please advise: a.Proposed business hours.
b.Proposed days of operation.
c.Proposed number of tours per day (where applicable).
*If applicable include seasonal variations
19.CONCESSION TERM:
Please advise the term sought for the concession.
If the Parks and Wildlife Commission has identified a preferred term for the concession, identify if the application conforms with the term. If it does not, please describe why the Commission should consider a different term.
20.PROPOSED PAYMENT FOR CONCESSION:
Depending on the scope and term of the proposal, there may be various methods of paying for a concession, such as:-
(a)Indexed Annual Rental, payable monthly in arrears reviewed to C.P.I. annually.
(b)Where practicable, a percentage of Gross Income, payable monthly in arrears.
(c)A combination of methods (a) and (b) such as a reduced Annual Rental plus a reduced percentage of Gross Income.
(d)Annual application of a proportion of Capital Expenditure by Applicant on improvements to be owned by the Parks and Wildlife Commission, to be deemed as Rental.
(e)Applicant to provide and bear the financial cost of providing facilities, work and services which would otherwise be borne by the Parks and Wildlife Commission, to be deemed as Rental.
(f)Any other mutually acceptable proposed basis of payment for the concession.
These suggestions (a) to (f) are offered to facilitate the offer of an acceptable payment for granting of the concession.
On a separate schedule, under this heading, please detail the basis of payment offered by the Applicant.
21.SECURITY DEPOSIT:
This requirement for the term of the concession can be fulfilled by either:
(a)An irrevocable Bank Guarantee; or
(b)A security deposit lodged with the Parks and Wildlife Commission of the Northern Territory
The amount will vary in accordance with the term and financial commitment of each concession:
Major concessions normally attract a security deposit of 5% of the capital value of the concession (ie. the total value of the infrastructure and equipment that will be based on the park).
Please nominate the amount of Security Deposit you consider appropriate for this proposal and the preferred method.
22.BUSINESS PLAN INCLUDING CASHFLOW PROJECTIONS:
To assist with your business planning and to provide the Commission with advice about the potential of your proposed Service/Facility to succeed, please attach:
(a)Figures showing Applicant's financial ability to fund the proposed Service/Facility.
(b)Detailed estimated Income/Expenditure for:
i.The initial five (5) years of the proposed term of the Concession; or
ii.If the concession term is for less than 5 years, then for the number of years the proposed concession will operate.
23.TRADING STATEMENTS:
Financial Accounts/Balance Sheets for the last three (3) years, together with a current schedule of Debtors and Creditors, are required.
If the Applicant is a subsidiary company, then please also provide Financial Accounts/Balance Sheets for the holding company.
24.CURRENT ASSETS & LIABILITIES:
Please supply a signed schedule listing current Assets and Liabilities relating to:
(a)Directors
(b)Partners
(c)Sole Proprietor
25.DEVELOPMENT ASSISTANCE:
If the Applicant requires assistance, please advise:
(a)Amount of finance required.
(b)Security offered.
(c)Availability and source of proposed funding.
(d) What form of Government (if any) assistance is required.
26.GENERAL INFORMATION:
Please supply any other relevant information not detailed in this Application/Proposal.
27.BANKRUPTCY:
(a)The Commission reserves the right, at its discretion, to carry out financial checks on applicants.
(b)If the Applicant is a Sole Proprietor or Partnership:
Are you or your partner(s) a discharged or undischarged bankrupt during the previous 5 years or have you or your partner entered into any arrangement under Part X of the Bankruptcy Act during the past 5 years?
(c)If the Applicant is a Company
Within the last five years have any of the following events occurred in respect of the Applicant company, any holding company, subsidiary company, or related company within the meaning of section 50 of the Corporations Law:
(i)Has the company been subject to any of the provisions of Part 5.3.A of the Corporations Law during the last 5 years? Yes No
(ii)A petition filed or application made for or an order been made for the deregistration or winding up or dissolution of the Company? Yes No
(iii)A meeting called to pass a resolution for the winding up of the company?
Yes No
(iv)The members resolved or purported to resolve to wind up the company?
Yes No
(v)An application been made to a Court under section 315(1) of the Companies Code of any Australian jurisdiction or Section 411(1) of the Corporations Law of any Australian Jurisdiction? Yes No
(vi)An arrangement of compromise been entered into between the Company and its unsecured Creditors? Yes No
(vii)A receiver of any of the real or personal property of the company being appointed by any of its secured creditors? Yes No
(viii)A judgement been obtained against the company or execution or other process of any Court or other authority or distress been used out against or levied or enforced against the assets of the Company? Yes No
(ix)Any director of the company been a director of or otherwise associated with the management of another company in respect of which any of the above events have occurred? Yes No
(x)Any director of the company been prosecuted for an offence against any relevant companies legislation? Yes No
OR
(xi)Any director, secretary, shareholder or manager or any of their spouses been or being bankrupt, entered into an arrangement with his or her creditors or been subject to any of the provisions of Part X of the Bankruptcy Act and/or otherwise committed an act or been the subject of an act which disqualified him or her from holding office in a company? Yes No
28. WILDLIFE:
If a Sole Proprietor or Partnership have you or your partner(s), and if a Company has a director of the company, been convicted of any park or wildlife offence(s).
29.SIGNATURE OF APPLICANT:
The Applicant warrants that the contents of this Application are true and correct in every particular to the best of its knowledge and belief.
If the applicant is a Sole Proprietor signed by the Proprietor or if the Applicant is a Partnership signed for and on behalf of all Partners in the Partnership:
BY (FULL NAME):
SIGNATURE:
TITLE:
DATE:
In the presence of:
FULL NAME OF WITNESS:
ADDRESS:
DATE:
SIGNATURE:
OR
If the Applicant is a Company:
The COMMON SEAL of
COMPANY NAME:
A.C.N. Number:
Was hereunto affixed by a resolution of the Board of Directors
In the presence of:
FULL NAME OF WITNESS:
ADDRESS:
DATE:
SIGNATURE:
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