Otway Coast Committee

Committed to Sustainable Management

Apollo Bay Recreation Reserveabreservelogo colour only.618

12 Month Camping Permits

Schedule 1 - Registration Form

Schedule 2 - Annual Site Fees Payment Schedule

Schedule 3 - Terms & Conditions

Schedule 4 - Reserve Rules

Please contact (03) 5237 6577 if you are interested in applying for a permit.

  

Schedule 3 - Terms & Conditions

1. The Permit

1.1 This Permit constitutes the entire agreement between the Permit Holder and OCC regarding its contents and the Site. Any prior or simultaneous permit, arrangement, agreement or undertaking is superseded by this Permit.

1.2 This Permit, except as provided in it, cannot be altered, amended or varied in any way except in writing under the seal of OCC or under the hand of a person appointed in writing for that purpose by OCC.

1.3 This Permit is not transferable and does not permit or allow any person other than an Occupier to occupy the Site without OCC's written consent.

2. People on a Site

2.1 Occupancy of the Site is restricted to:-

2.1.1 the Occupants (including the Permit Holder); and

2.1.2 subject to sub-clause 2.4 Overnight Visitors to the Site who are deemed to be Occupants;

2.1.3 provided that if in the opinion of an Officer more than 6 people are residing on the Site at any time an Overnight Visitor fee as specified in Schedule 2: Annual Site Fees Payment Schedule must be paid for each such additional person.

2.2 Every Overnight Visitor to the Site who remains in the Reserve for any time between the hours of 10.00 pm and 8.00 am on the following day is deemed to be an Occupant for the time he or she remains in the Reserve.

2.3 The Permit Holder must notify OCC in advance of an Overnight Visitor's intention to remain for any time between the hours of 10.00 pm and 8.00 am on the following day. (which OCC may accept or reject) and must pay the applicable Overnight Visitor fee specified in Schedule 2: Annual Site Fees Payment Schedule for so long as the Overnight Visitor remains an Occupant.

2.4 No Overnight Visitor may enter or reside on the Site unless an Occupant named in Schedule 1: Registration Form is simultaneously residing on the Site. In the absence of the Permit Holder any such Occupant present in the Reserve is deemed to be the Permit Holder's agent.

3. Fees

3.1 All permit and other fees must be paid to OCC on or before the due date for payment specified in Schedule 2: Annual Site Fees Payment Schedule or elsewhere in this Permit.

3.2 Fees for Overnight Visitors must be paid in advance.

3.3 Failure to pay any fee by the due date constitutes grounds for termination of this Permit by OCC.

4. Issue of Permit

The issue of this Permit does not create any right to its renewal in the following or any subsequent period either at all or in respect of the Site otherwise than is specifically provided in this Permit.

5. Duties of Permit Holder

The Permit Holder must observe and perform and cause all Occupants and Visitors to the Site to observe and perform:

5.1 the Terms and Conditions of this Permit;

5.2 the Reserve Rules contained in Schedule 4: 12 Month Camping Permit Rules as revoked, altered or amended from time to time and available for inspection in the Reserve Office during business hours;

5.3 the Act and the Regulations (as amended from time to time); and

5.4 the directions of OCC or its Officers.

6. Conclusion or Termination of Permit

6.1 This Permit ends at the conclusion of the Period, unless terminated or surrendered earlier, but may be renewed if so provided in sub-clause 9.2.

6.2 This Permit terminates automatically and immediately before the conclusion of the Period if:

6.2.1 the Caravan without OCC's prior written consent is removed from the Reserve without prior payment to OCC of the permit fee for the whole of the Period; or

6.2.2 ownership of the Caravan is transferred otherwise than as provided in clause 9; or

6.2.3 an Occupant occupies the Site for more than 80 consecutive nights or for more than 170 nights in any 12 month Period whether OCC is aware of the breach or not; or

6.2.4 an Occupant uses or attempts to use the Site as that Occupant's permanent place of residence whether OCC is aware of the breach or not.

6.3 OCC may terminate this Permit by giving Notice of Termination to the Permit Holder if:

6.3.1 the Permit Holder breaches any of the obligations imposed under this Permit other than an obligation specified in sub-clause 6.2; or

6.3.2 any fee remains unpaid after the date specified for its payment whether OCC has demanded that payment or not.

6.4 On the conclusion or earlier termination of this Permit the Permit Holder must:

6.4.1 vacate and cause all other Occupants and all Visitors to vacate the Reserve promptly and in any event within such time as OCC requires and notifies to the Permit Holder;

6.4.2 promptly remove the Caravan, Annex and every item brought onto the Site, other than the property of OCC, and leave the Site in a clean, tidy and safe condition; and

6.4.3 pay to OCC the nightly tourist rate applicable to the Site occupied by the Caravan, Annex or other property until the Site is vacated and all items removed from the Reserve.

7. Notice of Termination

OCC is required to give Notice of Termination only for those breaches specified in sub-clause 6.3 and may serve that notice in any way provided in sub-clause 8.2.

8. Notice to Permit Holder

8.1 OCC is not obliged to notify the Permit Holder of any revocation, alteration or amendment of the Reserve Rules other than is provided in sub-clause 5.2.

8.2 Any notice given by OCC to the Permit Holder may be given to the Permit Holder by personal delivery to him/her or by being left at or forwarded by prepaid post to the address of the Permit Holder provided in Schedule 1: Registration Form or otherwise known to OCC (and if so forwarded service is deemed to have been effected on the expiration of five (5) business days from the date of posting).

9. Transfer of this Permit

9.1 This Permit is not transferable except as provided in sub-clauses 9.2 and 9.3.

9.2 If the Permit Holder, not being in default under this Permit, signs and delivers to OCC, in a form provided by or acceptable to OCC, an Application to Surrender this Permit, OCC will accept that surrender and, subject to compliance with the following requirements to OCC's satisfaction, simultaneously issue a new permit in respect of the Site to the person who –

9.2.1 is nominated by the Permit Holder in the Application to Surrender;

9.2.2 is regarded by OCC as the next person on its waiting list entitled to obtain a Permit;

9.2.3 has purchased from the Permit Holder the caravan and accompanying annex and ensuite (if any) presently on the Site;

9.2.4 has paid to OCC all permit and other fees required to be paid in respect of a new permit;

9.2.5 complies with such other requirements as OCC considers reasonable; and

9.2.6 has signed and delivered to OCC an Application for a Permit in a form provided by or acceptable to OCC and completed all the particulars required by that form; and

9.2.7 the caravan and the annex and ensuite (if any) are in the condition and state of repair required under the Act, the Regulations and this Permit (including the Reserve Rules); and

9.2.8 the new permit will commence from the date of acceptance of the surrender by OCC and contain the following provisions-

9.2.8.1 the terms and conditions of the then applicable permit will apply;

9.2.8.2 all permit and other fees will be adjusted to accord with permit and other fees then currently payable by similar permit holders;

9.2.8.3 the Reserve Rules applicable on such date of commencement will apply; and

9.2.8.4 the possible renewals of this permit will be in accordance with sub-clause 10.2; and

in any other case upon acceptance by OCC of a surrender of this Permit, the Permit Holder must vacate the Reserve in accordance with the provisions of sub-clause 6.4.

9.3 OCC will issue a new permit for the unexpired portion of this Permit to the surviving spouse or child of a deceased Permit Holder if requested to do so by the personal representatives of the deceased Permit Holder.

10. Extensions and Renewals

10.1 Extensions of Period of this Permit

Provided the Permit Holder –

10.1.1 has complied with this Permit to OCC's reasonable satisfaction;

10.1.2 is not in default under this Permit;

10.1.3 between the applicable dates specified in this sub-clause applies in writing to OCC for an extension of the period of this Permit; and

10.1.4 simultaneously with such application pays to OCC all the permit and other fees that OCC then properly requires to be paid,

OCC will extend the Period of this Permit for a further year being –

• a further year commencing 1 July 2013 and concluding 30 June 2014 if applied for between 1 April 2013 and 30 July 2013;

10.2 Renewal of this Permit

Provided the Permit Holder –

10.2.1 has complied with the terms and conditions of this Permit to OCC's reasonable satisfaction;

10.2.2 is not in default under this Permit;

10.2.3 not later than 3 months before the conclusion of the final extension period of this Permit applies in writing to OCC in writing for a renewal Permit; and

10.2.4 simultaneously with such application pays to OCC all the permit and other fees that OCC properly requires to be paid,

OCC may, in its sole and absolute discretion and without being under any legal obligation to do so, renew this Permit by issuing to the Permit Holder a Further Permit commencing on 1 July 2013 and operating (with extensions if properly applied for) between that date and 30 June 2014.

10.3 No extension or renewal of this Permit or any further Permit other than those contemplated in sub-clause 10.1 and 10.2 will under any circumstances be granted to or on behalf of the Permit Holder.

11. Claims and Liability

11.1 OCC is not liable for the loss, damage or destruction of an Occupier's or a Visitor's property, unless due to OCC's negligence and then only to the extent of that negligence.

11.2 The Permit Holder agrees to indemnify the Crown and OCC in respect of any claim or liability for property loss or damage and/or injury or death of any person which arises directly or indirectly out of negligence, tort, contract, or breach of a statutory or other duty by the Permit Holder or any associated party consequential to the use or occupation of the Site, including, but without restricting the generality of the foregoing, the pollution or contamination of land or water, and any costs, charges and expenses incurred in connection therewith.

11.3 The Permit Holder will promptly report to OCC any damage to, malfunction of or the likelihood of danger in any of the Reserve's facilities.

12. Only or Main Residence

12.1 The Permit Holder warrants that every address specified in Schedule 1: Registration Form as the address of the only or main residence of the Permit Holder is the address of the Permit Holder's only or main residence as at 1 July 2013;

12.2 The Permit Holder will notify OCC in writing if the address of the Permit Holder's only or main residence is altered on or after 1 July 2013 or if the Permit Holder ceases to have a residence other than the Site.

13. Definitions

In this Permit and in each of its Schedules –

13.1 Words and phrases defined in the Act or the Regulations have the same meaning in this Permit and the Reserve Rules unless a contrary intention is shown.

13.2 The following words have the following meanings respectively;

"ABKR" means Apollo Bay - Kennett River Public Reserves Committee of Management Inc. and where the context so admits, includes any Officer;

"Act" means the Residential Tenancies Act 1997;

"Annex" means a rigid annex that must comply with the Reserve Rules;

"associated party" means an Occupant or a Visitor;

"business day" means every day except Saturday, Sunday or a Public Holiday;

"business hours" means 9:00am to 5:00pm (inclusive) on a business day;

"Caravan" means a caravan as defined in the Act, and where the context permits includes any Annex attached to that Caravan;

"lead" means an electrical extension lead;

"Manager" means the Executive Officer, Otway Coast Committee (OCC);

"Occupant" means a person named as an Occupant (including a Permit Holder) in Schedule 1: Registration Form or a Visitor deemed to be an Occupant pursuant to sub-clause 2.2;

"Officer" means an Officer appointed by OCC and includes the Manager;

"peak period" means any period being the Victorian School Holidays (December and January), the Labor Day long weekend or the Easter Holidays;

"Period" means the period of this Permit specified in Schedule 1: Registration Form;

"permanent power socket" means an electricity socket forming part of the Reserve's electricity supply system;

"Permit" means this 12 Month Camping Permit and includes all the Schedules included in it;

"permit fee" means the fee payable for the Site;

"Permit Holder" means the Occupant to whom this Permit has been granted;

"Regulations" means the Regulations made under the Act;

"Reserve" means Apollo Bay Cricket & Recreation Reserve;

"Rules" or "Reserve Rules" means the Rules for the time being of OCC;

"Schedule" means a Schedule of this Permit;

"Service Charge" means a charge in respect of a service supplied to and used on the Site during the Period that may or may not be separately metered;

"Site" means the Site in the Reserve specified on the first page of this Permit or any replacement Site;

"site structure" includes but is not restricted to any Caravan, Annex, awning, verandah

or gazebo on a Site;

"vehicles" includes but is not restricted to cars, trailers, boats, jet skis and powered water craft;

"Visitor" includes a person who, in the opinion of OCC or an Officer, has entered the Reserve apparently for the purpose of visiting an Occupant or who is on or in the near vicinity of the Site and apparently visiting the Site or one or more of the Occupants.

"12 Month Camping Permit" means this Permit and includes all its Schedules;

14. Bond

14.1 No bond is payable for any existing Permit Holder at 1st July 2005.

15. Ensuites

15.1 The Permit Holder may install the Ensuite specified in Schedule 2: Fees Payment Schedule in accordance with this clause 15 & rule 53 of Schedule 4: Reserve Rules.

15.2 The Ensuite must be installed and disconnected by a licensed plumber in accordance with the directions of an Officer.

15.3 An Officer may direct the Permit Holder to repair any defect in the Ensuite or its connections. The Permit Holder will not permit any person to use the Ensuite until such repairs have been affected by a licensed plumber.

15.4 The Ensuite must be removed at or before the conclusion of the Period and the connection and surrounding soil made good and returned to the condition in which the same was in before the Ensuite was installed. If the Permit Holder gives written notice to OCC of the date upon which he or she requires such disconnection, OCC will pay all normal costs involved in disconnecting the Ensuite.

Schedule 4 - Reserve Rules

Subject to the context of these Reserve Rules the provisions of Clause 13 of Schedule 3: of the 12 Month Camping Permit regarding the interpretation of words and phrases apply to these Reserve Rules.

These Reserve Rules may be revoked, altered or amended at any time and without notice.

Occupants

1. Occupancy of the Site is at all times restricted to –

1.1 The Occupants (including the Permit Holder) being the persons specified as such in Schedule 1: Registration Form; and

1.2 Every person in excess of the 6 Occupants (adults or children) per Site allowed under this Permit who occupies the Site at any time after 10.00 pm on any day is deemed to be an Overnight Visitor to whom clause 2 and sub-clause 3.2 of Schedule 3: Terms and Conditions applies and in respect of whom the Overnight Visitor fee specified in Schedule 2: Annual Site Fees Payment Schedule is payable. In addition the provisions of Rule 3 apply to all Overnight Visitors.

2. OCC reserves the right to reduce that number of Occupants if an Officer considers the provision for occupancy to be inadequate.

3. Sufficient berths must be provided in a Caravan and Annex for all Occupants on a Site.

Behaviour

4. Offensive or unseemly behaviour in the Reserve are forbidden. Unseemly behaviour includes but is not limited to audible bad language, drunkenness or behaviour, which in the opinion of an Officer, is unseemly or offensive.

5. A Permit Holder is responsible for the behaviour of Visitors to the Permit Holder's Site.

6. A Permit Holder must make Visitors to the Permit Holder's Site aware of the Reserve Rules.

7. Excessive noise is forbidden. Excessive noise includes noise which in the opinion of an Officer is excessive and noise emanating from any Site after 10pm (New Year's Eve 12.30 am) which in the opinion of an Officer is audible at any other Site.

8. Consumption of:

8.1 alcohol in the Reserve is restricted to a Site in the Reserve; and

8.2 illegal drugs in the Reserve are forbidden.

Caravans

9. Caravans must at all times be insured for third party property damage.

10. Caravans must be parked with the drawbar facing the nearest Reserve road.

11. Caravans must be of a standard acceptable to ABKR and less than 8.0 metres in length, 2.4 metres in width and 2.9 tonnes laden, and comply with standards of appearance as determined and published by OCC.

12. Caravans must be capable, of being readily removable within 24 hours of the need to do so. The drawbar and coupling hitch must remain fixed, useable and accessible. Under no circumstances are moveable dwellings, converted motor homes, buses or other structures which OCC regards as similar permitted in the Reserve.

13. Only gas powered hot water services are permitted in Caravans and Annexes.

Children

14. An Occupant between the ages of 2 years and 16 years (inclusive), at the commencement of the Period will be considered a child. OCC may require proof of an Occupant's age by production of a birth certificate or such other documentary evidence as is acceptable to OCC.

15. An adult must accompany any child under the age of 7 years using an amenities block.

Health and Safety

16. At least one smoke detector must be installed in each Caravan or Annex.

17. An approved and serviceable fire extinguisher must be installed in each Caravan and Annex.

18. Open fires and the use of solid fuel barbecues are not permitted at any time.

19. The lighting of gas barbecues in the Reserve on days on which a total fire ban is proclaimed under the Country Fire Authority Act 1958 is forbidden.

20. Persons, including children, must wear an approved helmet when riding bicycles in the Reserve.

21. Each facility of an amenities block must be used only for the purpose or purposes notified at that facility or if there is no such notification, only for a purpose for which such facility is usually and normally used.

22. The gas supply must be shut off at the bottle when a Caravan is unoccupied. (See also Rule 37). All LPG equipment must be installed and maintained according to law and comply with the current code or standard for its installation.

23. Animals other than dogs and caged birds are not permitted in the Reserve;

24. Dogs and caged birds are permitted at the discretion of OCC;

25. Dogs must be currently registered.

26. Dogs permitted in the Reserve must be restrained on a leash at all times;

27. All dog excrement must be removed, securely wrapped and placed in a garbage bin;

28. Dogs are not permitted in an amenity block or left unattended anywhere in the Reserve.

29. Garbage including fat must be securely contained in a bag and disposed of in a garbage bin. Garbage bins must not be removed from their designated sites.

30. A Permit Holder is responsible for and must remove all unwanted goods other than garbage from the Reserve.

31. Entry to any part of an amenities block in the course of its being cleaned is prohibited. Occupants must leave those portions of an amenities block used by them in a clean and tidy condition.

32. No smoking is permitted in an amenities block.

33. Bathing of children or washing dishes in a laundry sink is prohibited.

Electricity

34. Caravans must be fitted with an approved earth leakage device and only use 15 amp double insulated leads. All leads must be located in electric conduit and buried at least 600 mm. underground.

35. All external light and power points must be rated weather resistant.

36. Industrial and commercial tools and appliances, washing machines, electric hot water services, water urns, clothes dryers and separate freezers are prohibited. Only one refrigerator per Site is permitted.

37. Electricity must be switched off at the meter when a Site is unoccupied. OCC may switch off the electricity or shut off the gas to an apparently unoccupied Caravan and is not liable for any resultant damage occasioned by so doing.

38. All electrical appliances must be contained and stored within a Caravan or Annex.

39. The following are prohibited:-

39.1 simultaneously connecting more than one lead to a permanent power socket;

39.2 leaving a lead connected to a permanent power socket while the Caravan is unoccupied;

39.3 using a lead other than an unbroken lead fully uncoiled from its drum;

39.4 overloading the power supply in any way; and

39.5 using an electrical appliance or electrical equipment not rated 10 amp and complying with AS3001. OCC reserves the right to test electrical appliances and equipment at any time in accordance with AS3760.

40. The cost of repairing and making good all damage to the power supply occasioned by a wrongful act of an Occupant must be paid by the Permit Holder on demand.

Site Maintenance/appearance

41. A Permit Holder must keep and maintain the Permit Holder's Site, the site structures on it and its surrounds in a clean, tidy and safe condition at all times

42. A Permit Holder must maintain the paintwork of the Permit Holder's Caravan in good condition.

43. Furniture is not permitted to remain outside the Caravan and Annex when the Site is unoccupied.

Site Structures

44. No tents may be erected on a Site without a permit permitting it.

45. Annexes must comply with the Regulations and carry a compliance plate.

46. In respect of a 12 Month Camping Permit:-

46.1 the maximum permitted width of an Annex is 3 metres and of the combined width of Caravan and Annex is 5.4 metres.

46.2 verandas or similar structures fitted to the front of a Caravan and Annex must not exceed the combined width of the Caravan and Annex and must not extend any further forward than 1200 centimetres from the Caravan body; and

46.3 verandas may have limited wind protection on one side but not extending beyond the drawbar and must not be enclosed.

47. Canvas awnings and blinds must have a maximum length equal to that of the Annex and must be rolled up and secured when the Caravan is unoccupied.

48. Gazebos must be commercially manufactured fitted with guy ropes and tie downs. They must be dismantled and stored inside the Caravan when the Site is unoccupied.

49. Fences, flys, windbreaks or any similar constructions are prohibited.

50. Clotheslines must be removed when not in use unless authorised by OCC.

51. Only 12 volt fairy lights that do not in the opinion of OCC constitute an annoyance to other persons are permitted and must be hung safely to OCC's satisfaction.

52. Every non-rigid structure must be removed when the Site is unoccupied.

Site Works

53. No Site work, including but not limited to constructions or alterations, may be commenced without the Permit Holder firstly obtaining a permit from OCC.

54. Pavers must be laid evenly and flush with the ground. Paving colours must compliment the surrounds and be approved by OCC.

Vegetation

55. Digging holes or trenches without a permit is prohibited. Holes and trenches permitted to be dug by a Permit Holder must be filled in by the Permit Holder before leaving the Reserve.

56. Trees, plants, vegetation or soil must not be damaged or any part removed. The introduction of any seed, grass, tree, shrub, fern or other vegetation or soil into the Reserve is prohibited.

Vehicles

57. Permit Holder's are entitled to have two vehicles in the reserve at any one time. Boats are counted as one of those vehicles;

58. All Permit Holder's vehicles must have a Vehicle ID Card or Sticker displayed on the vehicle front windscreen at all times when in the reserve;

59. Vehicle ID Cards or Stickers will be issued by the OCC after receipt of a copy of the VicRoads registration renewal certificate for any vehicle owned by one of the people listed on Schedule 1 of this permit;

60. Access to the reserve will be restricted to only those vehicles that have a current Vehicle ID Card or Sticker;

61. At times when security services are on duty in the reserve they will be instructed to not allow entry to the reserve by vehicles that do not have a current Vehicle ID Card or Sticker;

62. All vehicles (not otherwise prohibited) must be wholly contained on the Permit Holder's Site at any time unless an Officer otherwise agrees. Additional vehicles deemed, by an Officer, to not be able to be contained on a permit holders site may, at the Officers discretion, be offered parking at designated areas and charged a fee according to Schedule 2: Extra Vehicles Fee;

63. All overnight visitors to a TMP site must obtain a Vehicle ID Sticker and pay the fee according to Schedule 2: Extra Vehicles Fee;

64. The following vehicles are prohibited from the Reserve at the following times:-

64.1 trucks exceeding 1.5 tonnes at all times;

64.2 boats and boat trailers during peak season, which cannot be satisfactorily accommodated in the reserve;

65. Permitted vehicles (including trailers) must be parked within the Site of the permit holder;

66. The speed limit in the Reserve is 10 kilometres per hour, if in the opinion of an Officer a motor vehicle exceeds that speed OCC Reserves the right to require that it be removed from the Reserve;

67. Motorised scooters and similar motorised vehicles (other than electrically propelled buggies used by persons with a disability) are prohibited within the Reserve.

Visitors

68. Casual day Visitors may be required by an Officer to leave the Reserve at any time;

69. Casual day Visitors are permitted to bring vehicles into the Reserve but not to park the same on any site other than the site being visited or on a Reserve road;

70. All overnight visitors must comply with rule 63 above.