Standard Conditions Applying To All NSW Heritage Grants
Works Projects (1 to 26)
By accepting this Funding Agreement, you agree to comply with the following standard conditions:
THE PROJECT FROM START TO FINISH
1.Acceptance of offer / To accept the funding offer, you must complete and return the Funding Agreementattached to your letter of offer.
You must accept this offer of funding within 28 days from the date of the offer, otherwise it will be withdrawn.
2.Permission to commence work / You must complete the Funding Agreement and submit it to the Office of Environment and Heritage (called "the Office") and receive an acknowledgement email before you commence work.
3. Project guidelines / You agree to use the best practice heritage management guidelines to undertake this project, as applicable.
You agree to download and use best practice heritage management guidelines from the Works projectwebpage (Ctrl and click on hotlink), as applicable for the preparation of this project.
4. Project management / You agree to manage the project in accordance with best practice project management.
You agree to download all relevant project management documents required to manage your project from the Managing your projectwebpage (Ctrl and click on hotlink).
4. Completion date / 15 May 2012(one year funded works projects)
15 May 2013(two year funded works projects)
You agree to complete the project and claim 100% of the funding by this date. You may submit your completed project before this date, but not after.
You also acknowledge that the NSW Heritage Grants program operates on an annual budget allocation and unclaimed funds can not be carried forward. If you fail to meet the completion date the funding may be reviewed or revoked.
5. Project milestone dates and progress claims / You agree to meet the following project milestone dates and progress claims. You can submit your project reports before these dates but not later.
You also acknowledge that the NSW Heritage Grants program operates on an annual budget allocation and unclaimed funds can not be carried forward and that if you fail to meet the milestone dates the funding may be reviewed or revoked.
5a. Milestone dates for 1 year projects / Completion date 15 May 2012
Milestone 1 / 30 August 2011
Photo of signage in place
Milestone 2 / 30 November 2011
Progress report and claim for 50% of the project funding
Milestone 3 / 15 May 2012
Project completion and claim for 100% of the project funding
5b. Milestone dates for 2 year projects / Completion date 15 May 2013
Milestone 1 / 30 August 2011
Photo of signage in place
Milestone 2 / 30 November 2011
Progress report and optional claim for 25% of the project funding
Milestone 3 / 15 May 2012
Progress report and claim for maximum of 50% of the project funding
Milestone 4 / 30 November 2012
Progress report and claim for at least 75% of the project funding
Milestone 5 / 15 May 2013
Project completion and claim for 100% of the project funding
6. Project compliance certification / You must provide a Project Compliance Certification signed by your heritage specialist with the each progress report and claim and with the final report at the conclusion of the project.
7.Progress reports / You must provide a brief written progress report along with a completed Project Compliance Certification with each claim for payment.
8. Final report and feedback questionnaire / You must provide one copy of a Final Report using the model report format supplied by the Office. You must also provide a completed Project Compliance Certificationand Statutory Declarationwith the final claim for payment.
You must also provide a completed Feedback Questionnaire for your project using the form provided. You will need to collect the data throughout the course of your project.
FINANCES
9. GST / The Branch considers the cost of the project to be the GST-exclusive amount.
The Branch is required to add 10% to the approved grant amount if you are registered for the GST and lodge BAS statements. It is your responsibility to include the Office’s 10% GST component in your BAS statement.
If you are not registered for the GST we will not add an extra 10% to our payments to you.
We will not add GST to our reimbursement if the invoice does not include a GST component.
Please note that we will not add GST to our reimbursement for any voluntary contributions that you may claim.
10. Calculating your grant reimbursement
Claiming your payment
Funding Formula / We generally pay you the grant funding as reimbursement after the completion of the project and on supply of a copy of the invoice/s.
You must submit claims for payment on the supplied form and you must ensure that you fulfil all of the requirements of that form. You also agree that we will pay be electronic funds transfer direct to your nominated bank account using your ABN registered name.
Claims will be calculated on the GST-exclusive amount of the invoices supplied and by applying the agreed Funding Formula, as set out in the letter of offer for this project.
For example, if your consultant invoices total $10,000 plus $1000 GST and you are GST registered, we will reimburse you $5,000 plus $500 GST, where the Funding Formula was approved as a Dollar for Dollar Grant.
11. Final payment / You agree that part of the final payment may be withheld until the Office receives all required copies of the final report and proper acquittal documentation.
12. Voluntary contributions / Generally, voluntary contributions will not be considered where a local council is the applicant.
Voluntary contributions will only be considered if they formed part of your original application for funding.
Voluntary contributions need to be accurately documented and should be declared in the same way as cash. Keep employment records showing dates, hours, names of workers and type of work done. Costs should be charged at a lower nominal rate, unless a volunteer is a tradesperson working in their own trade labour.
13. Advising changes in the source and/or amount of funding / You must advise the Office of any changes to the financial resources and arrangements stated in your application.
OPERATIONAL ISSUES
14. Revocation of funding / You agree that this financial assistance may be reviewed or revoked at any time under any one or more of the following circumstances:
  • unsatisfactory work;
  • failure to meet time schedules;
  • failure to provide progress reports;
  • non-disclosure or misleading or false disclosure of information; and
  • adequate additional funding being provided from another source.
You also agree that where monies have been advanced you are obliged to refund those monies within 30 days of receiving the notice of revocation of this financial assistance.
15. Reusable equipment / You agree that funding provided for this project is not to be used for expenditure on reusable equipment without the prior written approval of the Office. If approved, resale of such equipment and refund of moneys to the Office may be required.
16. Transactions between persons not at arm’s length / You must advise the Office immediately of any transaction where the applicant and another party, or parties, to any transaction involving expenditure on this project are not dealing with each other at arm’s length e.g. paid work by a relative. If the Office considers that the expenditure exceeds the amount that would have been incurred if the parties had been dealing with each other at arm’s length, the Office may disregard the excess in any claim made to the Office.
17. Acknowledgment of funding assistance / You agree to acknowledge the funding assistance during the project and upon completion in any form required and approved by the Branch. You are required to use the Office of Heritage and Environment logo and the Heritage Council logo in all material associated with this project. Logos can be down loaded from the Heritage website.
You agree to use these logos only in relation to this project funding and for the agreed purpose.
18. Copyright – non-exclusive license / As a condition of the funding, you must supply the appropriate permissions for use of written materials and/or use of photographs or images (non-exclusive license) to the Office for certain copyright material created as part of this funded project.
[Copyright owners of material such as written material, photographs, music or moving images can assign or license their rights in copyright material. Copyright protects the form in which an idea or information is expressed, not the idea or information itself.]
The Office seeks your permission to use your material on the State Heritage Register (Ctrl and click on the hotlink), the Heritage online database, or in any publicity related to the project. Please complete the appropriate permission form when you lodge your final report/material with the Office. Permission forms can be downloaded from the Heritage website for your reference and future use.
The completed permission form/s must be bound or included in the front of your final report.
19. Publicity / You agree to publicise the project in consultation with the Office and local media organisations.
You will seek opportunities to link media and community events and announcements to progress work on the project.
The Branch may publicise the project through its newsletter, website, media releases and liaison with journalists.
20. Project approvals / You agree to separately arrange for appropriate works approvals(Ctrl and click on hotlink) for this project as required under the Heritage Act and local Council planning and building requirements.
21. Engagement of a heritage specialist / You agree to engage a heritage specialist to supervise and provide advice on the heritage aspects of the project. You agree to ensure that the Heritage Specialist:
  • Has appropriate qualifications, skills and experience to supervise your project;
  • Will provide appropriate technical advice to ensure that best practice heritage conservation methods as set out in the Heritage Branch guidelineHow to Carry Out Work on Heritage Buildings & Sites (Ctrl and click on hotlink).
  • Agrees to prepare and/or endorse the updated work schedule and project costings included in this Funding Agreement, if needed.
  • Agrees to supervise the project and complete the Project Compliance Certification for each progress payment claim.
  • Agrees to complete the Project Compliance Certification for the final claim.

22. Site works signage / You agree to erect a temporary sign advertising your project and the parties involved. This sign must be displayed in a prominent location for the duration of the project. This is a valuable opportunity to tell the broader community about your heritage project.
An example signage template is below. The sign must be visible and legible. The choice of materials and size is your choice.
You are required to use the Department of Premier and Cabinet logo and the Heritage Council logo in all material associated with this project. Logos can be down loaded from the Managing your project webpage.

Works signage template

[NAME OF PROJECT]

[Brief paragraph referring to the item, the major construction dates and some details as to why it is significant]

[Brief description of the works to be undertaken]

The project is being carried out by [name of your organisation] with major funding support from:

The NSW Government

[name others]

[Identify project director / conservation architect / builder / Heritage Council / Office of Environment and Heritage, Department of Premier and Cabinet]

Sample signage

SmithtownHouseMuseum 1913
Constructed when the railway first came through Smithtown, it is the home of the first mayor, Walter Smith 1875-1944.
Major roof repair work will be undertaken during 2011-2013.
The project is being carried out by the Smithtown Progress Association with major funding support from:
The NSW Government
Smithtown Shire Council
Smithtown Rotary Club
Private gift giving
John Smith Project Director phone 4888 7934
Jim Brown Heritage Specialist phone 3423 9977
Office of Environment and Heritage, Department of Premier and Cabinet, phone (02) 9873 8500

Donations are most welcome and are tax deductible please phone 4888 7934
23.Long term protection and heritage listing / You agree, and, if you are not the owner, the owner also agrees:
  • To take all reasonable measures to protect in perpetuity the item for which this assistance is granted;
  • Not to undertake any work, including subdivision, to the item, its site and any moveable heritage items (hereinafter called “heritage items”) on the site which would adversely affect their heritage significance;
  • To actively support and not to object to the listing of the heritage item/s on the NSW State Heritage Register under the NSW Heritage Act, 1977 or to an order on the item under the Heritage Act, 1977 or to the inclusion of the item in a Local or Regional Environmental Plan; and
  • To acknowledge that payment of claims from the funding offer may require Local, Regional or State Heritage Register listing, where this is not already in place.

24.Insurance / You agree to insure and keep insured at all times the item for which this funding is granted unless the Branch approves otherwise.
25.Advising the Office of a change in ownership for non-private applicants / You agree that you must immediately advise of any sale, transfer or destruction of the item funded. You also agree that the Minister reserves the right to place a caveat on the title of the property pursuant to this condition should this be considered necessary.
26.Compliance with other regulators / You agree to comply with all requirements of other regulatory agencies and you agree that this agreement and any related matters does not override your requirement to do so.

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