Agenda of Byron Shire Reserve Trust Committee

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.1

Staff Reports - Corporate and Community Services

Report No. 4.1 Request for Tempoary Licence to permit equestrian activities access through Lot 407 DP 729057

Directorate: Corporate and Community Services

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2017/759

Theme: Economy

Economic Development

Summary:

Zephyr Horses, through its owner Kate Noller, has made an application for a licence for access through Lot 407 DP 729057 for the purpose of continuing a commercial horse riding business on Tyagarah beach under permits issued by Cape Byron Marine Parks and National Parks and National Parks and Wildlife Services.

Zephyr Horses was notified by the Department of Industry, Lands and Forestry that although the business operates under valid permits issued by Cape Byron Marine Parks and National Parks and National Parks and Wildlife Services, these permits did not authorise access through Lot 407 DP 729057.

Lot 407 DP 729057 is Crown Land and is included in a new section 34A Crown Lands licence to be issued to Council to commence 1 September 2017. In accordance with Reserve Trust resolution (17-128), equestrian activities are included as a Class 2 activity in Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Reserves.

The access track through Lot 407 DP 729057 is subject to erosion and vegetation degradation issues. Council officers recommend that prior to the recommencement of the commercial equestrian activities on the access track, the access track is strengthened, hardened or covered in such as way as to prevent and/or reduce the impact of consistent horse trampling and lowering of the dune volume to minimise future erosion. This would be at the expense of Zephyr Horses.

Planning restrictions on land zoned No 7 (1f) (Coastal Land Zone) in the Byron 1988 Local Environmental Plan restrict the term of any licence granted in this zone to a maximum of sixty (60) days per calendar year.

RECOMMENDATION:

1. That Council, as the Reserve Trust, authorise the General Manager to grant a temporary sub-licence for a term of twelve (12) months, to Zephyr Horses for the purpose of access through Lot 407 DP 729057 on condition:

a) that the temporary sub-licence remains valid during the term so long as Zephyr Horses holds current permits with Cape Byron Marine Parks or National Parks and Wildlife Services or both; and

b) that the parcel is only accessed for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year in accordance with the Local Environmental Plan; and

c) that Zephyr Horses prior to recommencing commercial equestrian activities through Lot 407 DP 729057 stabilises the access track to the satisfaction of Council and ensures that all future equestrian use of the access track does not cause future erosion or damage to the dune vegetation; and

d) that Zephyr Horses ensures that the whole of the access track if kept free of all horse droppings.

2. That licence fee for the term of the temporary licence is set at a rate of minimum annual Crown Rent of $472.00 (ex GST).

Report

Zephyr Horses, through its owner Kate Noller, has made an application to Council for a licence for access through Lot 407 DP 729057 for the purpose of conducting a commercial horse riding business on Tyagarah beach authorised by permits issued by Cape Byron Marine Parks and National Parks and Wildlife Services.

Zephyr Horses has operated a commercial horse riding business on Tyagarah beach under permits in the intertidal zone being below the high water mark for more many years. Recently the Department of Industry, Lands and Forestry (Grafton Office) notified Zephyr Horses, that although the business had valid permits issued by Cape Byron Marine Parks and National Parks and National Parks and Wildlife Services, these permits did not authorise Zephyr Horses access through Lot 407 DP 729057.

Background

During 2004 Cape Byron Marine Parks, in developing its Zoning and Operational Plans for the Marine Parks, consulted with Byron Shire Council regarding activities on beaches. As a result Council at its ordinary meeting of 23 November 2004 resolved (074-920) that:

“Council supports horse riding on Tyagarah Beach from 500 metres south of the Brunswick wall to 400 metres north of Belongil Creek subject to a management policy and licensing agreement with riding and licensing protocols to be developed in conjunction with Marine Parks Authority and the Department of Environment and Conservation”.

Cape Byron Marine Parks, in accordance with its Operational Plans for Marine Parks, issued a permit to Zephyr Horses. The permit allows groups of up to five horses per instructor to be ridden in the intertidal zone (below high water) of the Marine Park on Tyagarah beach for a maximum of two hours during a low tide. Horses must be effectively controlled at all times, with extra caution exercised when in the vicinity of people or shorebirds or at known locations of nesting birds.

Licenced activity

Lot 407 DP 729057 is Crown Land and is included in a new section 34A Crown Lands licence to be issued to Council to commence 1 September 2017. In accordance with Reserve Trust resolution (17-128) equestrian activities are included as a Class 2 activity in Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Reserves.

Licensed area

Tyagarah beach is managed by National Parks and Wildlife Services and below the intertidal zone is managed by Cape Byron Marine Parks. Access to Tyagarah beach for equestrian activities from private land is through Lot 407 DP 729057 and passes over a large dune and through dune vegetation of grasses, banksia and casuarinas to the ocean. The track goes up a slow incline on the landward side and then down a steep and narrow less than one metre width sand track on the seaward side.

Use of the access track in its present condition will create continued undercutting of the vegetation on either side of the track on the ocean side that could potentially lead to the creation of a larger scalloped area and loss of the larger trees. In addition the track in its present form is narrow and steep and there is not much room to manoeuvre a horse’s through and onto the beach. The top of the dune on either side of the track is being undercut, it is unstable and a safety risk if horses were to stop and wait on top of the grassy area. There are also lots of roots jutting out of the undercut vegetation that could create a trip hazard.

It is recommended that prior to the recommencement of the commercial equestrian activities through Lot 407 DP 729057, that the access track is strengthened, hardened or covered in such as way as to prevent and/or reduce the impact of consistent horse trampling and lowering of the dune volume to minimise erosion. This would be at the expense of Zephyr Horses.

Below photographs show the current condition of the track.

The below map displays Lot 407 DP 729057 with the access track shown in orange. The track ends at the intertidal zone point on Tyagarah beach and beyond this point access is authorised by permits issued by Cape Byron Marine Parks and National Parks and National Parks and Wildlife Services.

Land Zoning Implications

Lot 407 DP 729057 is zoned No 7 (1f) (Coastal Land Zone) in the Byron 1988 Local Environmental Plan. The zoning prohibits all activities except:

Agriculture (other than animal establishments); beach and coastal restoration works; building of levees, drains or clearing of land; bushfire hazard reduction; clearing of land; community buildings; drainage; environmental facilities; forestry; home industries; markets; roads; primitive camping grounds; surf lifesaving facilities; utility installations.

Essentially all commercial recreational type activities for example equestrian activities or commercial water based activities are prohibited in the zone 7 (f1) (Coastal Land Zone).

Clause 48(1) of the Byron 1988 LEP does permit temporary use of land zoned 4(f1) for development not being designated development, for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year only if:

a) such land is vested in the Crown, a Minister of the Crown or the Council, and

b) the development does not involve the erection of permanent structures ancillary to the use of that land.

Lot 407 DP 729057 is vested in the Crown or a Minister of the Crown and access does not require the construction of any permanent structures.

In summary, although equestrian activities is a prohibited activity in zone 7 (f1), clause 48(1) of the LEP 1988 does allow temporary use of the land for equestrian activities.

Financial Implications

On the basis that the only purpose of the temporary licence is provide to Zephyr Horses is access across Lot 407 DP 729057 for the purpose of conducting a commercial horse riding business on Tyagarah beach authorised by permits issued by Cape Byron Marine Parks and National Parks and Wildlife Services, it is recommended that the fee for the temporary licence be set at a rate of minimum annual Crown Rent of $472.00 (ex GST).

Statutory and Policy Compliance Implications

There are a number of statutory instruments that apply including the Crown Lands Act, Crown Lands Regulation, Byron Local Environment Plan and Council’s proposed policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves. These are noted below.

Crown Lands Act 1989

108 Temporary licences

(1) A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.

(2) A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.

(3) A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.

(4) A temporary licence ceases to have effect on the expiration of the prescribed period after it is granted unless it is revoked sooner or is granted for a shorter period.

Crown Lands Regulation 2006

31 Temporary licences

(1) For the purposes of section 108 (1) of the Act, in addition to grazing, the purposes for which a temporary licence may be granted are as follows:

(a) access through a reserve,

(b) advertising,

(c) camping using a tent, caravan or otherwise,

(d) catering,

(e) emergency occupation,

(f) entertainments,

(g) equestrian events,

(h) exhibitions,

(i) filming (within the meaning of the Local Government Act 1993),

(j) functions,

(k) hiring of equipment,

(l) holiday accommodation,

(m) markets,

(n) meetings,

(o) military exercises,

(p) mooring of boats to wharves or other structures,

(q) sales,

(r) shows,

(s) sporting and organised recreational activities,

(t) stabling of horses,

(u) storage.

(2) For the purposes of section 108 (2) of the Act, in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties.

(3) For the purposes of section 108 (4) of the Act, the prescribed period for the expiration of a temporary licence is one year following the date on which it is granted.

Byron 1988 Local Environmental Plan, Zone No 7 (f1) (Coastal Land Zone)

1 Objectives of zone

The objectives of the zone are:

(a) to identify and protect environmentally sensitive coastal land,

(b) to enable development for certain purposes where such development does not have a detrimental effect on the habitat, landscape or scenic quality of the locality,

(c) to prevent development which would adversely affect, or be adversely affected by, coastal processes, and

(d) to enable the careful control of noxious plants and weeds by means not likely to be significantly detrimental to the native ecosystem.

2 Without development consent

Nil.

3 Only with development consent

48 Temporary use of certain land

(1) Despite any provision of this plan, a person may, without the consent of the Council, carry out development on land for any purpose (not being designated development) within Zone No 6 (a) or 7 (f1) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if:

(a) such land is vested in the Crown, a Minister of the Crown or the Council, and

(b) the development does not involve the erection of permanent structures ancillary to the use of that land.

(2) Despite any other provision of this plan, a person may, but only with the consent of the Council, carry out development on the following land for any purpose (not being designated development) for a maximum period of 7 days on any one occasion up to a maximum of 60 days in a calendar year if the development does not involve the erection of permanent structures ancillary to the use of that land:

Lot 1, DP 201626 and Lot 2, DP 542178, Ewingsdale Road, Ewingsdale

Lot 358, DP 704247, Bangalow Road, Byron Bay.

Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves stipulates requirements this parcel of land.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2

Report No. 4.2 Adoption of Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves and Request for Tender - Commercial Actitivies Sub-Licences.

Directorate: Corporate and Community Services

Report Author: Paula Telford, Leasing and Licensing Coordinator

File No: I2017/760

Theme: Corporate Management

Governance Services

Summary:

Council as Reserve Trust Manager resolved (17-128) to place the Draft Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves (‘Draft Policy’) on public exhibition for a period of 28 days commencing 4 May to 1 June 2017. Council received sixteen submissions on the Draft Policy which are summarised in this Report.

This report recommends that Council as the Reserve Trust Manager consider all submissions before adopting the Draft Policy, with a minor amendment, to correct the duplicate clause 8.14 and to insert the words ‘per day’ at the end of clauses 5.2 and 5.3 in Schedule D ‘Sea Kayaks’.

That the adopted Draft Policy includes the granting of:

a. Four surf school sub-licences; and

b. Two personalised surf school sub-licences; and

c. Three stand up paddle board sub-licences; and

d. Two sea kayak sub-licences.

That the Draft Policy includes the following terms and conditions of a sub-licence:

a. Surf schools are permitted two classes per day with a maximum of ten students per class with an instructor client ratio of 1:8; and

b. Personalised surf schools are permitted two classes per day with a maximum of two students per class with an instructor client ratio of 1:2; and

c. Stand up paddle board schools are permitted two classes per day in the flat waters of the Brunswick River only, with a maximum of eight students per class with an instructor client ratio of 1:8; and

d. Sea kayak tours are permitted two classes per day in the open waters of Byron Shire and an optional one class per day in the flat waters of the Brunswick River. That a maximum of eighteen kayaks per tour are permitted with an instructor client ratio of 1:8.

That following the adoption of the Draft Policy that Council as Reserve Trust authorise the General Manager to call an open tender process to let new commercial activity sub-licences under authority of a section 34A licences granted by the Department of Industry Lands and Forestry (Rl564194) to commence 1 November 2017.

To provide business certainty to current commercial activity sub-licensees granted under Crown authority in licence RI406617 that expires on 31 August 2017, that Council as the Reserve Trust manager authorise the General Manager to extend current commercial activity sub-licences for a period of two months from 1 September 2017 to 31 October 2017.

RECOMMENDATION:

That Council as the Reserve Trust Manager:

a) Adopt the Draft Policy 5.52 – Commercial Activities on Coastal and Riparian Crown Reserves with a minor amendment to remove the duplicate clause 8.14 and to insert the words ‘per day’ at the end of clauses 5.2 and 5.3 in Schedule D ‘Sea Kayaks, in the attached Draft Policy following consideration of all submissions received; and

b) Authorise the General Manager to use the open tender method to establish sub-licences for commercial activities for Surf Schools, Personalised Surf Schools, Stand Up Paddle Board Schools and Sea Kayak Tours under authority of Crown licence Rl564194; and

c) Authorise the General Manager to extend current commercial activity sub-licences granted under Crown authority Rl406617 due to expire on 31 August 2017, for an additional period of two months to 31 October 2017 to allow for a fair and open tender process to re-let new commercial activity sub-licences.

Attachments:

1 DRAFT Amended Policy: Commercial Activities on Coastal & Riparian Crown Reserve Policy - ver 2., E2017/23840 , page 19⇩

Report

The Policy

Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves (‘the Policy’) guides Council’s decision-making by determining the types of activities that can occur on Council managed and controlled Crown reserves.

The types of activities permitted under the Policy include:

a) non-commercial activities permitted without the need for approvals or licence; and

b) other non-commercial activities, called Class 1 activities, permitted only by issue of a temporary licence; and

c) commercial activities, called Class 2 activities, permitted by grant of a sub-licence authorised by a Crown licence issued under section 34A of the Crown Lands Act 1989 (NSW), (‘the Act’).

In accordance with Reserve Trust resolution (17-128), Council placed a Draft Policy on public exhibition for twenty eight days commencing 4 May to 1 June 2017. The Draft Policy resulted from a series of Council workshops with relevant State Agencies, Councillors and current sub-licensees. These workshops included the two working groups convened in accordance with the Reserve Trust Resolution (17-047).

Council received sixteen submissions which are detailed below.

i. Sub-licenced areas:

Doc no	Concerns	Comments
E2017/31093	That stand up paddle board operators should not be permitted to use a de-facto boat ramp in Ferry Park because the area is highly degraded and installation of bollards has failed to stop use of this area. A solution is to permit access via an existing boat ramp at Ferry Park, or alternatively the boat ramp at Massy Greene; and That no commercial activity should operate behind the Scout Hall in Brunswick Heads as the area is vulnerable to erosion. A solution is to permit access to the River via the Massey Greene ramp or in Memorial Park.	Under agreement with NSW Crown Holiday Parks Trust (NSWCHPT), Council has in-principle approval from the Trust to include the existing boat ramp at Ferry Park and the existing non-motorised boat ramp connected to Brunswick Boat Harbour as licenced areas in the Draft Policy. The old boat ramp or de-facto boat ramp in Ferry Park is not included as a licenced area in the Draft Policy.
E2017/48050	That sub-licensees holding a stand up paddle board sub-licence be permitted to operate from the old boat ramp at Ferry Park because of: a. Safety concerns of clients setting up and launching stand up paddle boards while vehicles and trailers use the boat ramp; that oyster covered rocks on either side of the ramp impair the ability of the instructor to assist with launching of boards, that the site is unprotected from strong currents and winds and will cause distress to clients or cause the group to get separated and all round the site is unsuitable. b. Environmental concerns are effectively minimised by use of heavy duty carpet material that is removed after each class.	The old boat ramp or de-facto boat ramp is deemed unsafe for public use and is not included as a licenced area in the Draft Policy. Under agreement with the NSWCHPT only the existing boat ramp in Ferry Park and the non-motorised boat ramp connected to the Brunswick Boat Harbour are included as licenced areas in the Draft Policy.
E2017/49937	That sea kayaks operating in the Brunswick River launch from the existing boat ramp on the eastern side of the Brunswick boat harbour Lot 1 DP 811063 because: a. Adequate parking and space to setup sea kayak b. The location is protected from interaction with motorized crafts c. The ramp is not steep, slippery or rocky and extends well into the river. d. The site allows for diverse tours into Simpsons Creek, Marshalls Creek and the main channel pending weather conditions. e. Use of this area will not conflict with other users both water and land bound. f. The site is part of the Brunswick Heads Boat Harbour Master Planning Project and identified as the preferred area for paddle craft to launch and land.	Under agreement with NSW Crown Holiday Parks Trust (NSWCHPT), Council has in-principle approval from the Trust to include the existing boat ramp at Ferry Park and the existing non-motorised boat ramp connected to Brunswick Boat Harbour as licenced areas in the Draft Policy.
That an area near the existing boat ramp in Lot 1 DP 811063 be permitted to be used to locate a sea kayak storage container. The container would externally display educational material for example Birds of Byron Bay and used for education in relation to a Work Experience Project.	Council has no authority over lot 1 DP 811063 being the Brunswick Boat Harbour, to licence land for the purpose of housing a storage container.
That Schedule D clause 5 of the Draft Policy is amended to permit: a. Fourteen (14) sea kayak classes per week; and b. Seven (7) per week from Brunswick River; and c. A maximum of three (3) classes per day in the licenced areas with only one (1) class from each sea kayak school being conducted in any one time. That Schedule D be amended to include: · A third sea kayak tour be permitted per day on condition that one (1) tour conducted on that same day must not enter the embayment of Wategos Beach in an imaginary line drawn from the BBQ shed at Wategos to the Northern Tip of Julian Rocks to avoid critical dolphin habitat zone.	Consultation with Cape Byron Marine Parks recommended that two sea kayak tours be permitted per day in open waters with an option of one sea kayak tour in the flat waters of the Brunswick River per day.

Doc no

Concerns

Comments

E2017/31093

That stand up paddle board operators should not be permitted to use a de-facto boat ramp in Ferry Park because the area is highly degraded and installation of bollards has failed to stop use of this area. A solution is to permit access via an existing boat ramp at Ferry Park, or alternatively the boat ramp at Massy Greene; and

That no commercial activity should operate behind the Scout Hall in Brunswick Heads as the area is vulnerable to erosion. A solution is to permit access to the River via the Massey Greene ramp or in Memorial Park.

Under agreement with NSW Crown Holiday Parks Trust (NSWCHPT), Council has in-principle approval from the Trust to include the existing boat ramp at Ferry Park and the existing non-motorised boat ramp connected to Brunswick Boat Harbour as licenced areas in the Draft Policy.

The old boat ramp or de-facto boat ramp in Ferry Park is not included as a licenced area in the Draft Policy.

E2017/48050

That sub-licensees holding a stand up paddle board sub-licence be permitted to operate from the old boat ramp at Ferry Park because of:

a. Safety concerns of clients setting up and launching stand up paddle boards while vehicles and trailers use the boat ramp; that oyster covered rocks on either side of the ramp impair the ability of the instructor to assist with launching of boards, that the site is unprotected from strong currents and winds and will cause distress to clients or cause the group to get separated and all round the site is unsuitable.

b. Environmental concerns are effectively minimised by use of heavy duty carpet material that is removed after each class.

The old boat ramp or de-facto boat ramp is deemed unsafe for public use and is not included as a licenced area in the Draft Policy.

Under agreement with the NSWCHPT only the existing boat ramp in Ferry Park and the non-motorised boat ramp connected to the Brunswick Boat Harbour are included as licenced areas in the Draft Policy.

E2017/49937

That sea kayaks operating in the Brunswick River launch from the existing boat ramp on the eastern side of the Brunswick boat harbour Lot 1 DP 811063 because:

a. Adequate parking and space to setup sea kayak

b. The location is protected from interaction with motorized crafts

c. The ramp is not steep, slippery or rocky and extends well into the river.

d. The site allows for diverse tours into Simpsons Creek, Marshalls Creek and the main channel pending weather conditions.

e. Use of this area will not conflict with other users both water and land bound.

f. The site is part of the Brunswick Heads Boat Harbour Master Planning Project and identified as the preferred area for paddle craft to launch and land.

That an area near the existing boat ramp in Lot 1 DP 811063 be permitted to be used to locate a sea kayak storage container. The container would externally display educational material for example Birds of Byron Bay and used for education in relation to a Work Experience Project.

Council has no authority over lot 1 DP 811063 being the Brunswick Boat Harbour, to licence land for the purpose of housing a storage container.

That Schedule D clause 5 of the Draft Policy is amended to permit:

a. Fourteen (14) sea kayak classes per week; and

b. Seven (7) per week from Brunswick River; and

c. A maximum of three (3) classes per day in the licenced areas with only one (1) class from each sea kayak school being conducted in any one time.

That Schedule D be amended to include:

· A third sea kayak tour be permitted per day on condition that one (1) tour conducted on that same day must not enter the embayment of Wategos Beach in an imaginary line drawn from the BBQ shed at Wategos to the Northern Tip of Julian Rocks to avoid critical dolphin habitat zone.

Consultation with Cape Byron Marine Parks recommended that two sea kayak tours be permitted per day in open waters with an option of one sea kayak tour in the flat waters of the Brunswick River per day.

ii. Reduction of surf school sub-licences from five to four:

Doc no	Concerns	Comments
E2017/53183	That reduction from five to four surf schools would cause job losses and would lead to beginners and tourists entering the water without an opportunity to learn to surf thereby being a liability and dangerous in the water. As Byron Bay is a known busy surf town, plenty of surf schools are fully booked. Less jobs, less educated surfers and for what?	Consultation with external agencies Cape Byron Marine Parks and National Parks and Wildlife Services considered that four surf schools sub-licences was the adequate given the popularity and use of the Pass and Clarkes Beach areas by the public.
E2017/53174	That the reduction from five to four surf schools is not connected to any environmental concerns and the reduction would cause job losses and with jobs difficult to find, Council must reconsider the recommended reduction in surf school sub-licence numbers.	Refer to previous comment.
E2017/53167	That the reduction from five to four surf schools would mean more people entering the water being a danger to themselves and others. Less places to learn to surf in surf town, would push people to learn to surf out of the Shire. The current five surf schools do not impede other surfers and with no real environmental concerns, in peak season Byron as a ‘surf town’, Byron needs an adequate supply of surf schools.	Refer to previous comment.
E2017/53158	That the reduction from five to four surf schools with no environmental impact, or impact to public beach goers there is not need for the reduction. The tender process is a stressful time for all current operators, reducing the number of surf schools also means job losses. With no impact to justify the reduction, the current licensed areas are large enough to cover five surf schools.	Refer to previous comment.
E2017/53142	That the reduction from five to four surf schools must be re-considered because; a. Neither Cape Byron Marine Parks or National Parks and Wildlife Services had any environmental concerns and given five surf schools have used Clarkes Beach for five years keeping in mind ten reserves are available. b. Five surf schools have operated without social impact on public beaches noting Clarkes Beach is only permits one surf school at any one time. c. Decreasing to four surf schools will impact on jobs, officer leases and equipment, contracts and close the door on another Byron business. d. Lead to less revenue for Council, reduction in tourist attractions in peak seasons, visitors’ one less surf schools available and education on surf safety and etiquette which new surfers benefit from. e. Solution not real reason to reduce to four surf schools with a negative result of one business being lost. Keep five surf schools.	Refer to previous comment.
E2017/54468	That five surf schools must remain to support employment and local business, no supporting environmental impacts, need to retain Council revenue from fees and importantly in peak season the high number of beginner surfers when all schools are fully booked, the loss of one surf school will risk beginners entering the water will little surf awareness and safety instruction and a real risk to the local surfing public and beach goers.	Refer to previous comment.

iii. Change in number of personalised surf school sub-licences:

Doc no	Concerns	Comments
E2017/59842	That only one personalised surf school is offered because it is impractical to have six businesses offering a surf school service.	External agencies have no environmental or social impact concerns regarding the number of personalised surf schools.
E2017/54472	That a third personalised surf school be added to: · For intermediate to advance clients and only three surf schools. One on one coaching provides the least impact both environmentally and socially. Unique opportunity for Byron to offer high a level personalised surf schools	Refer to previous comment.
E2017/56613	That a third personalised surf school be added to: · Specifically for persons with a disability as part of ‘Ability to Surf’ in 2017. Lessens target only people with a disability as currently there is no surf school in Byron Bay that specifically addresses this significant need in the community.	Refer to previous comment.
E2017/56614	That a third personalised surf school be added to: · Compensate for the loss of an Elite Surf Coaching sub-licence and to increase diversity of personalised surf coaching services available.	Council’s proposal to add an additional Elite Surf Coaching school was rejected by current sub-licensees. There are no environmental concerns with an additional personalised surf school.
E2017/59842	That an elite surf coaching school is not required.	Council’s proposal to add an additional Elite Surf Coaching school was rejected by current sub-licensees.

iv. General amendments to the draft Policy:

Doc no	Concerns	Comments
E2017/56611	· Purpose of clause 8.2 permitting Reserve Trust to issue a one (1) year sub-licence for Class 2 activity?	The Policy permits the Reserve Trust to allow additional Class 2 activities only by resolution. Clause 8.2 set the maximum term of these sub-licences at one year.
	· Agree with clause 8.14 but duplicate clause number 8.14 must be amended.	Duplicate number clause 8.14 to be changed to 8.15.
	· Clause 9.1 object to three mobile kiosk (non-motorised) on beaches opens the door for unwanted commercial activity on beaches, issue of rubbish, do not want any kiosks on our beaches, no need for selling on beaches and risk becoming like Bali or Mexico and counter to the Policy objectives.	No mobile kiosk is permitted on beach area
	· Clause 15.6 is agreed in principle but suggest that the time which breaches can occur is shortening to two years.	No change recommended.
	· Schedule ‘A’ Surf School, that the Policy does not contain a clause that restricts where surf schools can operate this is a noted omission. Teaching zonings must be expressly designated to west of Thompson’s Rock because of high volume use of the area to the east. Reinstating this clause will keep good relations with beach users.	The Draft Policy in Schedules A and B require that a surf school or personalised surf school must not operate from the Western side of the Byron Bay Surf Club to a line extending from Middleton Street. No surf school shall operate in the Pass.
	· Schedule ‘B’ Personalised Surf School, clause 3.1.9 requirement for flags denoting area colour coding exclusively on flags. Suggest two personalised surf schools this requirement is impractical as there will only ever be an instructor and one or two people in the water at any school unlike surf school sub-licences.	Currently let sub-licences for personalised surf schools clause 1.2.5 requires ‘Flags denoting area colour coding exclusively on flags’.
	· Schedule ‘E’ Mobile Kiosk and recommend that no mobile kiosk be permitted on foreshores, and if permitted that no advertising be permitted on any equipment.	Clause 2.3(b) restricts adverting only to Class 1 activities and only by Reserve Trust resolution.
E2017/59842	· Schedule ‘A’ Surf Schools, clause 5 the number of daily surf school classes must be increased from two to three to compete fairly with Ballina Surf School sub-licences whereby up to twenty students are permitted per class, two classes per day.	External agencies recommended only two surf school classes per day in the licenced areas.

v. Need for surf etiquette, safety and environmental education:

Doc no	Concerns	Comments
E2017/54474	Byron as a popular surf destination with increased visitor numbers wishing to learn to surf that puts increased pressure on popular surf locations like the Pass and Captain Cook. Surf schools do not teach surf etiquette or environmental issues. Suggest that surf schools and other surf board hiring businesses provide learners with flyers that explain basic surf etiquette and environmental issues. Suggest that the Pass and Captain Cooks be excluded from big surf schools but not personalised surf schools.	The Draft Policy does not expressly address surf etiquette but does expressly require sub-licensees to educate clients on environmental protection and not to interfere with public amenities of other beach users.

vi. Need to protect Byron Bay brand name

Doc no

Concerns

Comments

E2017/56609

That an additional clause is added to the Policy to protect the Byron Shire brand name and Byron Shire licenced operators. That clause 8.14 be expanded to include:

· ‘A Holder may not hold a Byron Shire Licence whilst holding an adjoining Shire Licence with Ballina Shire or Tweed Shire during the same term.’

Council has no authority to interfere with commercial business decisions to operate a business in the Ballina Shire.

E2017/59842

That no surf school sub-licensee be permitted to hold a dual licence with Ballina Shire. The brand name of the Byron Shire is being affected by surf school operators in the Byron advertising surf school classes in Byron but in fact take all clients to Ballina shire

Refer to previous comment.

Amendments to the Policy

In response to submissions received on the Draft Policy, Council proposes to make the following minor amendments to the Policy to include:

i. Correction of the duplicate clause number 8.14 to 8.15; and

ii. Correct of clauses 5.2 and 5.3 in Schedule D ‘Sea Kayak’ to be:

· 5.2 Two (2) Sea Kayak tours in the open waters of the reserve area per day;

and

· 5.3 One (1) Sea Kayak tour in the flat waters of the Brunswick River per day.

The proposed tender

On adoption of the Draft Policy, Council must call an open tender to re-let new commercial activity sub-licences under authority granted by Crown licence Rl564194. New sub-licences granted under the tender process will commence 1 November 2017 for a period of six (6) years to 31 October 2023.

As a result of the proposed tender process, all current sub-licences granted under Crown authority in RI406617 which are due to expire on 31 August 2017 will need to be extended for a period of two months to 31 October 2017 via variation to the sub-licence. Further, three current stand up paddle board operators operating under valid licence agreements granted by the NSW Crown Holiday Parks Trust that expire on 31 August 2017 will require a two month renewals granted by Council, authorised by Crown licence Rl564194.

Financial Implications

That Council sets the fees and charges for Class 2 sub-licences in accordance with the adopted 2017/2018 fees and charges.

Statutory and Policy Compliance Implications

34A Special provisions relating to Minister’s powers over Crown reserves

(1) Despite any other provision of this Act, the Minister may grant a lease, licence or permit in respect of, or an easement or right-of-way over, a Crown reserve for the purposes of any facility or infrastructure or for any other purpose the Minister thinks fit. Any such lease, licence, permit, easement or right-of-way is referred to in this section as a relevant interest.

(2) The following provisions apply in relation to the granting of a relevant interest:

(a) the Minister is to consult the following persons or bodies before granting the relevant interest:

(i) the person or body managing the affairs of the reserve trust (if any) appointed under Part 5 as trustee of the Crown reserve that is the subject of the relevant interest,

(ii) if the Crown reserve is being used or occupied by, or is being administered by, a government agency—the Minister to whom that agency is responsible,

(b) if the Crown reserve is to be used or occupied under the relevant interest for any purpose other than the declared purpose (as defined in section 112A) of the reserve—the Minister is to specify, by notice published in the Gazette, the purposes for which the Crown reserve is to be used or occupied under the relevant interest,

(i) is satisfied that it is in the public interest to grant the instrument, and

(ii) has had due regard to the principles of Crown land management.

(3) Failure to comply with subsection (2) (a) does not affect the validity of the relevant interest concerned.

(4) The proceeds from a relevant interest are to be applied as directed by the Minister.

(5) Without limiting subsection (4), any such direction by the Minister may include any of the following:

(a) a direction that the proceeds (or part of the proceeds) be paid to the Consolidated Fund or to the Public Reserves Management Fund constituted under the Public Reserves Management Fund Act 1987,

(b) in the case of a relevant interest granted in respect of a Crown reserve for which a reserve trust has been appointed as trustee under Part 5—a direction that the proceeds (or part of the proceeds) be paid to the reserve trust or to another reserve trust,

(c) in the case of a relevant interest granted in respect of a travelling stock reserve under the care, control and management of Local Land Services—a direction that the proceeds (or part of the proceeds) be paid to Local Land Services,

(d) in the case of a Crown reserve referred to in subsection (2) (a) (ii)—a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency.

(6) The provisions of:

(a) Divisions 3 and 3A apply in relation to a lease granted under this section, and

(b) Division 4 apply in relation to a licence granted under this section, and

(c) Division 5 apply in relation to an easement granted under this section as though the easement was granted or created under that Division, and

(d) Division 6 apply in relation to a permit granted under this section as though the permit was granted under that Division.

Accordingly, in relation to the granting of a relevant instrument, a reference in Divisions 3–6 to Crown land includes a reference to a Crown reserve.

(6A) Nothing in this section affects the operation of section 35.

(7) (Repealed)

(8) For the avoidance of any doubt, the power of the Minister to grant a relevant interest in respect of a Crown reserve under this section includes the power to enter into an agreement for such a relevant interest.

(9) A Crown reserve the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.

108 Temporary licences

(1) A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.

(2) A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.

(3) A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.

(4) A temporary licence ceases to have effect on the expiration of the prescribed period after it is granted unless it is revoked sooner or is granted for a shorter period.

31 Temporary licences

(1) For the purposes of section 108 (1) of the Act, in addition to grazing, the purposes for which a temporary licence may be granted are as follows:

(a) access through a reserve,

(b) advertising,

(d) catering,

(e) emergency occupation,

(f) entertainments,

(g) equestrian events,

(h) exhibitions,

(i) filming (within the meaning of the Local Government Act 1993),

(j) functions,

(k) hiring of equipment,

(l) holiday accommodation,

(m) markets,

(n) meetings,

(o) military exercises,

(p) mooring of boats to wharves or other structures,

(q) sales,

(r) shows,

(s) sporting and organised recreational activities,

(t) stabling of horses,

(u) storage.

(3) For the purposes of section 108 (4) of the Act, the prescribed period for the expiration of a temporary licence is one year following the date on which it is granted.

BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services 4.2 - Attachment 1

Policy No. 5.52

POLICY TITLE	COMMERCIAL ACTIVITIES ON COASTAL AND RIPARIAN CROWN RESERVES

FILE REFERENCE	COR050504

1. PREAMBLE

Byron Shire is endowed with a huge range of unique geographical and topographical features and richly biodiverse plant and wildlife both on land and in the sea. It is now recognised throughout the world as one of the most desirable places to visit with Byron Bay listed as “most preferred” destination by the world backpacker group of travellers.

Byron Shire’s “Jewel in the Crown” is our ribbon of beautiful, white sand beaches, crystal clear ocean and year round quality surf. Adventurous activities abound for people of all ages from the extremely challenging to those safe for young children. Our beaches and excellent surfing breaks are easily accessible to everyone.

With public demand for our beaches and reserves increasing rapidly, we must take every care to protect them and the safety and comfort of people who use them.

2. MISSION STATEMENT

Commercial activities on beaches and adjoining reserves must not diminish the recreational amenity of residents or visitors who are attracted to this Shire for its natural beauty and environment.

It is our special responsibility to ensure ecologically sustainable use and protection of the coastal zone for the benefit and enjoyment of future generations.

3. OBJECTIVES OF THIS POLICY

To retain coastal Crown reserves, that are under the care, control and management of Council, where authorised, as the Reserve Trust Manager, as places for passive and active recreation where appropriate for residents and visitors.

To set out what activities can be carried out on coastal Crown reserves with, and without, permission of Council, where authorised, as the Reserve Trust Manager.

To regulate the level of temporary business or commercial activity on coastal Crown reserves under the care, control and management of Council, where authorised, as the Reserve Trust Manager.

To provide criteria for determining applications to carry out commercial activities on coastal Crown reserves.

4. DEFINITIONS

For the purposes of interpreting this policy a list of definitions is provided as an appendix to this document.

5. REVIEW

This policy is subject to ongoing review at a minimum every twelve (12) months after adoption and as part of the preparation of Council’s Coastal Zone Management Plan for Byron Bay Embayment.

POLICY STATEMENT

1 Land to which this Policy Applies

1.1 This policy applies to all beaches and adjoining parks that are coastal Crown reserves under the care control and management of Byron Shire Council, where authorised as the Reserve Trust Manager. The coastal Crown reserves are:

Reserve No.	Reserve Name	Beach Name	Purpose

R140034	Byron Coast Reserve	Seven Mile Beach	Public Recreation
R140052	Bryon Coast Reserve	South Golden Beach	Public Recreation/Protection from Sand Drift
R82000	Byron Coast Reserve	Byron Bay Beach	Public Recreation
R97066	Byron Coast Reserve	Tallow Beach	Public Recreation/Protection from Sand Drift
R97139	Byron Coast Reserve	Brunswick Heads Beach	Public Recreation

Council as authorised by Crown Licence Agreement RI 564194 for Commercial Activities

R49122	Lighthouse Hill Reserve	Clarkes Beach	Public Recreation/Preservation of Native Flora
R82780	Crown Land	South Brunswick Heads Beach	Future Public Requirements

R755695	Crown Land	Suffolk Park Beach	Future Public Requirements
R755687	Crown Land	New Brighton Beach	Future Public Requirements
R755695	Crown Land	Belongil Beach	Future Public Requirements

1.2 Crown licence Rl 564194 may provide for further licenced areas not listed above that apply to this Policy.

Site maps for all the above reserves are attached to this policy.

2 Activities that can be regulated

2.1 Activities Regulated by the Crown Lands Act 1989 (NSW) include:

The only activities for which Council, as the Reserve Trust Manager, pursuant to Section 92 (5) of the Crown Lands Act, can issue a temporary licence under s108 of the Crown Lands Act for are the activities listed in clause 31 of the Crown Lands Regulation 2006 (NSW) (as amended from time to time). This clause, as at the date of the policy, states as follows;

“For the purpose of section 108 of the Act:

· Advertising

· Camping using a tent, caravan or otherwise

· Catering

· Entertainments

· Equestrian events

· Exhibitions

· Filming (within the meaning of the Local Government Act 1993)

· Functions

· Hiring of equipment

· Holiday accommodation

· Markets

· Meetings

· Mooring of boats to wharves or other structures

· Sales

· Shows

· Sporting and organised recreational activities

· Stabling of horses

(b) in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties, and

(c) unless it is revoked sooner or is granted for a shorter period, a temporary licence ceases to have effect one year after it is granted.”

2.2. Activities Regulated by the Local Government Act 1993 (NSW) includes:

Council, as the Reserve Trust Manager, may grant an approval under Item 7 of Part F to the table to Section 68 of the Local Government Act on a Crown reserve for “use a standing vehicle or an article for the purposes of selling an article in a public place”.

2.3. Council as the Reserve Trust Manager may, by resolution, in respect Class 1 Activities, grant approval for advertising as follows:

(a) Approval will be by way of Class 1 Licence;

(b) Advertising must only and directly relate to sponsorship of the activity covered by the Class 1 Licence;

(d) Advertising must be placed on the land to which the Licence relates; and

(e) Advertising must not be placed so as it might reasonably be expected to;

· Distract drivers and/or pedestrians;

· Impact on traffic flow or traffic management of the area of the activity or;

· Obstruct the line of sight of either drivers or pedestrians; or

· Incite or antagonise other persons by virtue of the message displayed.

Nothing in this clause removes the necessity to obtain development consent for advertising signage where such development consent is required.

2.4. Council may grant a sub-licence authorised by a head Trust licence issued under Section 34A of the Crown Lands Act 1989 (NSW) for permitted reserve uses of:

· Surf schools, personalised surf schools, sea kayak and stand up paddle board schools; and mobile kiosk and mobile beach locker hire.

3 Temporary Licences or Approvals to be obtained under this Policy

3.1. Any activity, including commercial and / or business activities (including any activity which involves a standing vehicle or any article to be used for the purposes of selling any article) cannot be carried out on a coastal Crown reserve where a notice is erected under section 632 of the Local Government Act about that activity, unless a temporary licence or approval has been obtained from the Council, as the Reserve Trust Manager, in accordance with that notice.

3.2. Activities on a coastal crown reserves are not limited to activities taking place wholly on the reserve but also include activities that involve crossing the reserve, or transferring people or items on, off or over the reserve. This includes the embarking or disembarking of people / items from or to water based activities adjoining the reserve. Council, as the Reserve Trust Manager, is entitled to require licensing of any activity or part of an activity involving a reserve.

4 Activities not requiring a Temporary Licence or Approval

4.1 In accordance with clause 31 of the Crown Lands Regulation, Council, as the Reserve Trust Manager, has determined that the following activities can be carried out on coastal Crown reserves without the need to obtain a temporary licence or approval for non-commercial activities being:

· Emergency Services performed by recognised Emergency Service Organisations;

· Passive recreation activities;

· Social Gatherings; and

· Volunteer Rescue Organisation Training Days.

5 Activities requiring a Temporary Licence or Approval

5.1 In accordance with clause 31 of the Crown Lands Regulation, Council as the Reserve Trust Manager, has determined that the following activities require a Class 1 temporary Licence:

• access though a reserve;

• catering;

• emergency occupation;

• entertainments (non-commercial and consistent with the Reserve purpose);

• exhibitions (non-commercial and consistent with the Reserve purpose);

• filming;

• functions (limited to educational based community activities, fundraising by registered

charities, political or religious functions and weddings); and

• sporting & organised recreational activities.

All other activities listed in clause 31 of the Crown Lands Regulation may be possible only by a Reserve Trust resolution.

Generally Class 1 activities will only be approved for a short term or temporary basis for example one day or less. An application fee must be paid for a Class 1 application and a licence fee may apply.

5.2 Council, as the Reserve Trust Manager, will consider applications for filming (within the meaning of the Local Government Act 1993). Filming applications will be subject to the terms, conditions and fees outlined in Council Policy No. 3.41 “Filming on Council owned and controlled land”.

5.3 All other activities that are of a commercial nature and conducted on a commercial basis require a Class 2 sub-licence.

5.4 If any of the commercial activities requiring a Class 2 sub-licence involve the use of a standing vehicle, or any article for the purpose of selling any article on a Crown reserve, then in addition to the temporary licence, an approval must be obtained from the Council, as the Reserve Trust Manager, under Item 7 of Part F of the table to Section 68 of the Local Government Act.

6 Applications for Temporary Licences

6.1. All applications shall be in writing on the approved form, setting out the proposal in detail, the desired location (including the size of the area it is intending to occupy) and be accompanied by the appropriate application fee.

6.2. Any application for a temporary licence under this Policy that fails to meet the requirements of clause 6.1 shall be rejected with reasons given and returned to the applicant by Council.

6.3. All applications for temporary licences under this Policy shall be assessed and determined by the General Manager of Byron Shire Council as the delegated officer of the Reserve Trust, or by his or her delegate, in consultation with representatives from, but not limited to, Crown Lands Division, Cape Byron Headland Trust and National Parks and Wildlife Service, where appropriate.

6.4. All applications for temporary licences are to be assessed and determined within a three month period from date of receipt.

7 Matters to be considered in Issuing Class 2 Sub-Licences

Council, as the Reserve Trust Manager, will assess the information provided in applications for Class 2 sub-licences based on the following selection criteria:

7.1 Mandatory criteria:


7.1.1	Instrument of Tender: · A valid Australian Business Number (ABN); · Details of Organisational profile; · Referee details; · A statement if acting as an Agent or Trustee (if applicable); and · A statement if intending to sub-contract requirements (if applicable).
7.1.2	Details of Financial Viability.
7.1.3	Details of Insurance or statement of ability to obtain required insurance.
7.1.4	Statement of ability to meet minimum work health and safety requirements.
7.1.5	Proof of holding relevant qualifications to operate the business purpose of the sub-licence.
7.1.6	Statement of a commitment to ethical business practice principles.
7.1.7	Conflict of interest declaration.

7.2 Qualitative criteria:

		Weighting
7.2.1	Demonstrate successful experience in the activity to a high standard.	20%
7.2.2	Demonstrate history and experience of environmentally acceptable operations.	15%
7.2.3	Demonstrate appropriate level of knowledge and understanding of local conditions, natural and cultural history, ecological processes, possible constraints and restrictions on operations.	20%
7.2.4	Demonstrate experience in meeting licence conditions, including the keeping of records and prompt payment of fees.	10%
7.2.5	Demonstrate knowledge and ability to provide appropriate safety requirements and duty of care responsibilities	15%
7.2.6	Demonstrate capability to provide interpretive and educational information that ensures clients are receiving instructions on minimal impact techniques, environmental protection and ethics of appropriate behaviour.	10%
7.2.7	Demonstrate compatibility with purpose of Crown, Cape Byron Marine Parks & National Parks & Wildlife Reserves, and the NSW Coastal Policy, and whether the proposed activity will promote and be ancillary to the use and enjoyment of the Reserves.	5%
7.2.8	Demonstrate the benefit of the activity provided to the wider Byron Bay community	5%

8 General Provisions for the Operation of Class 2 Sub-Licences

8.1. The general provisions listed in this clause will apply to all Class 2 sub-licences.

8.2 Class 2 sub-licence where Council is the Reserve Trust Manager will be issued for a maximum period of one (1) year.

8.3 Class 2 sub-licences where Council is authorised by Trust Licence Rl 564194, will be issued subject to the Ministers consent, for a minimum term of one (1) year and a maximum term of six (6) years.

8.4 An open tender process will be used for all Class 2 sub-licences.

8.5 Class 2 sub-licence can be issued to a Holder being:

(a) Individuals only; or

(b) Individuals and companies (with personal guarantees by all directors); or

8.6 Where the licence is issued to a company then the company can only retain the licence so long as there is no change in the shareholding of the company.

8.7 A company licensee must advise Council (as the Reserve Trust Manager) by giving at least twenty eight (28) days written notice:

(a) of any proposed changes in the shareholdings of the company, and

(b) when those changes will take effect.

8.8 Class 2 sub-licences are not transferable in all circumstances. A Class 2 sub-licence may only be transferred or assigned only upon:

(a) the death of a sole or surviving sub-licensee; or

(b) proof a sub-licensee is suffering hardship.

Council retains discretion to permit the transfer or assignment of sub-licensee rights under a Class 2 sub-licence.

8.9 Class 2 sub-licence conditions will use industry standards, where applicable.

8.10 Class 2 sub-licensee and their employees, agents or contractors must provide a current working with children check or provide a copy of their current accreditation that includes a reference to a current with working with children check.

8.11 Class 2 sub-licences will, generally only be issued for beach or water based and non-mechanised activities.

8.13 Should a Class 2 sub-licence holder fail to operate a licence for a continuous period exceeding one (1) month, then the licence will lapse, unless Council, as the Reserve Trust Manager, has provided prior approval.

8.14 A Holder may be granted, and hold separately, one (1) surf school sub-licence, concurrently with one (1) stand up paddle board school sub-licence, otherwise a Holder may not hold more than one(1) sub-licence.

8.15 No motorised craft will be approved for Hire.

9 Licences and Performance Standards – Class 2

9.1. The maximum number of Class 2 sub-licences to be issued annually is detailed in the following table.

Activity	Number of sub-licences	Student / Instructor Ratio	Maximum Students	Frequency (Number of Classes per day)
Surf Schools	Four (4) only.	8 students to 1 instructor. 9 students to 2 instructors.	10	Two (2) classes per day with one (1) class from each school is permitted at the same time.
Personalised Surf Schools	Two (2) only.	2 students to 1 instructor.	2
Sea Kayaks	Two (2) only.	8 kayaks to 1 instructor.	18 kayaks
Stand Up Paddle Board Schools	Three (3) only.	8 students to 1 instructor.	8

Class size for the above activities may be increased only on application by the NSW Department of Education, or any other higher learning institution and Licensee’s must comply with Education Department guidelines. For example, surf schools, one instructor in charge of ten (10) students and one instructor or group leader in charge of remaining students, to a maximum of 20 students on the beach at any one time.

Activity

Number of sub-licences

Conditions

Mobile Kiosk (non-motorised)

Three (3) only.

At designated operational locations.

Mobile Beach Locker Hire

One (1) only.

A designated operational location.

9.2. Council, as the Reserve Trust Manager, reserves the right to issue none or less then the proposed number sub-licences for each Class 2 activity type.

9.3. Operating requirements have been developed for Class 2 activities is set out in the Schedules “A” to “F” in this Policy.

9.4 Council, as the Reserve Trust Manager, must determine any amendment to the number and/or type of Class 2 sub-licences issued. This determination is to be made after consultation with the Council Committee, if any, established to review the management of commercial activities on coastal crown reserves.

10 Temporary Licences and Performance Standards – Class 1

10.1. Class 1 temporary licences will be issued on an as required basis, as determined by Council, as the Reserve Trust Manager.

10.2. Operating requirements for Class 1 temporary licences will be listed in the licence as provided by Council, as the Reserve Trust Manager.

11 Granting of New Temporary Licences

11.1 The granting of a new temporary licence to replace a temporary licence that has expired, vacated or relinquished will be dependent on satisfactory compliance with both the letter and spirit of the licence conditions and this Policy, and the standards of performance. Accordingly, the following will apply:

11.1. Strict compliance with the policy and licence conditions is required.

11.2. The granting of a new temporary licence will be dependent on the licensee showing a satisfactory standard of performance in all areas.

11.3. Breaches of temporary licence conditions, or lapses in standards, may result in licence cancellation.

11.4. Council, as the Reserve Trust Manager, reserves the right not to grant new temporary licences to replace any expired temporary licences.

11.5. If a Class 2 sub-licence becomes vacant, Council, as the Reserve Trust Manager, reserves the right to determine how it wishes to allocate that vacant sub-licence, if and when a decision is made to issue a new sub-licence. Options that Council, as the Reserve Trust Manager will consider include, but are not limited to the calling of tenders or expressions of interest for the sub-licence.

12 Appeals against refusals to issue a Class 2 Sub-Licence

12.1. Any applicant for a new Class 2 sub-licence under this Policy may appeal to the Council, as the Reserve Trust Manager, if the application is refused. Such an appeal must be made in writing, attaching all relevant documentation, and within 28 days of the date of the refusal.

12.2. The hearing, management and determination of any appeals as per clause 12.1 will be a matter for the General Manager of Byron Shire Council, as the delegated officer of the Reserve Trust, to determine.

13 Nature and Determination of Fees and Charges

13.1. Council, as the Reserve Trust Manager, must determine the fees and charges in accordance with this Policy as part of Council’s Integrated Planning and Reporting Framework.

13.2. Council, as the Reserve Trust Manager, must determine at a minimum, the following fees;
(a) Class 1 Temporary Licence – Application Fees;

(b) Class 2 Sub-Licences – Application Fees; and

13.3. Application fees are payable for all Class 1 and Class 2 licences, with the exception when an existing Class 2 sub-licence holder has a new Class 2 sub-licence issued based on the conditions of the existing Class 2 sub-licence.

13.4. Class 2 sub-licence fees may be paid annually or monthly in advance.

13.5. Fees will be determined taking into account, and not limited to, the following:

· nature of the activity;

· scale of its operation;

· use and impact on the coastal Crown reserve; and

· impact on the community both beneficial and detrimental.

13.6. A performance bond will be required for licensees who have not held a licence previously with Council. Bonds may also be required for existing licensees at the discretion of Council, as the Reserve Trust Manager.

13.7. All fees are payable unless subsidised by Council, as the Reserve Trust Manager, or its delegated officer, in accordance with Council policy and approved delegations. This clause 13.7 does not apply to Class 2 sub-licences.

14 Breaches and Unlicensed Activities

14.1. Where there is any breach of any licence conditions, including unlicensed activities, Council, or as Reserve Trust Manager, is to take all necessary action to remedy the breach. This includes, but is not limited to, the issuing of penalty notices, the taking of injunction proceedings and other legal action, and where appropriates, the removal of the activities from the coastal Crown reserve by an employee of the Council, or a Police Officer.

15 Revoking of Temporary Licences

15.1. Council, as Reserve Trust Manager, reserves the right to revoke any licensed activities for management reasons including, but not limited to, environmental protection, public safety, and changes in policy or legislation.

15.2. The licence may also be terminated in the following circumstances:

a) if any fees payable, or any part thereof are in arrears for 30 days, whether formally demanded or not;

b) if the Licensee breaches any conditions of this Policy or the temporary licence;

c) if the Licensee has committed an act of bankruptcy; and

d) if the Licensee commits an unlawful act or breaches the requirements of any other relevant Authority.

15.3. If a license is to be terminated due to the circumstances set out in this clause, the Council, as the Reserve Trust Manager, may terminate the temporary licence by:

a) notifying the Licensee to that effect; or

b) restricting the Licensee from operating the activity on the coastal Crown reserves, by force if necessary; or doing both.

15.4. If a breach of a condition in the licence is witnessed and recorded by a Council Officer, written notice may be forwarded to the operator. Council, as the Reserve Trust Manager, reserves the right to issue verbal warnings for minor deviations from the licence.

15.5. A Licensee has a right to appeal a written notice within 28 days of receipt. The General Manager has the authority to determine whether or not the notice should be waived based on the appeal.

15.6. If a Licensee receives two written notices, within a three year period, the Council, as Reserve Trust Manager, will advise in writing that any further breach within three years of the first notice will result in the termination of the licence. If three notices are issued within a three year period, the licence is terminated from the time of the third notice, subject to clause 15.7 below.

15.7. Licensee granted a one (1) year, Class 2 sub-licence, the issuing of two written notices in that period will result in termination of the licence.

SCHEDULE ‘A’

SURF SCHOOL

1 Introduction:

A Surf School provides beginner and intermediate surf lessons to individuals and groups in licensed reserves.

2 Fees:

A Surf School sub-licence fee is published annually in Council’s Fees and Charges.

3 Qualifications:

3.1.1 Current Surf Rescue Certificate (SLSA Community Award) OR
Current Bronze Medallion (SLSA proficient annually) OR
Ocean Rescue Award (RLSS proficient annually) AND

3.1.2 Minimum - Level 1 Surf Coaching Accreditation from an Australian Nationally Recognised Training Institution;
(Note: Level 1 Accreditation insures basic coach education and annual coach education updating and requires mandatory updating of resuscitation, first aid and rescue certificates); AND

3.1.3 First Aid Senior Certificate (St Johns, TAFE, NSW Ambulance, Red Cross); AND

3.1.4 Current Working with Children Check in accord with relevant Child Protection Legislation.

Risk Management Protocol

The following equipment is to be provided on the beach at every Surf School class:-

3.1.5 A Mobile Telephone;

3.1.6 A First Aid Kit (to be audited each quarter to the satisfaction of the Byron Bay Surf Lifesaving Club and reviewed by Council, as the Reserve Trust Manager, during each licence period);

3.1.7 “Soft Safes” surfboards with soft fins used at entry level;

3.1.8 Instructor’s rescue board on beach;

3.1.9 Flags denoting area colour coding exclusively on flags; and

3.1.10 Drinking water.

Insurance Cover

3.1.11 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act); AND

3.1.12 Minimum $5 million Professional Personal Indemnity.

4 A maximum of four (4) Surf Schools shall be sub-licensed to operate in coastal Crown reserves under control of the Byron Shire Council, as the Reserve Trust Manger and other lands included in Rl 564194, and only one class from each Surf School shall be permitted in the reserve, in the lesson area at the same time.

5 A maximum of ten (10) students, only two (2) schools per day from each Surf School in the reserve, in the lesson area, at one time.

6 Class sizes may be increased when a Surf School is requested by the State Education Department or higher learning institutions but must comply with State Education Department guidelines, (i.e. one instructor in charge of seven (7) students and one instructor or group leader in charge of remaining students, to a maximum of 40 students from each Surf School, on the beach, at any one time.) Byron Shire Council, as Reserve Trust Manager, must be advised in writing in advance of such a request.

7 A Surf School must operate at a minimum distance of 100 metres from any other sub-licensed Surf School.

8 No Surf School shall operate from the western side of the Byron Bay Surf Club to a line extending from Middleton Street.

9 No Surf School will have priority over any other Surf School in the licensed areas. A Surf School must liaise with other sub-licensed Surf Schools to ensure only one class from each school is in the reserve, in the lesson area at one time.

10 A Surf School must not interfere with other beach users, or enjoy exclusive use rights over any licensed area.

11 A Surf School must have distinctive garments for each student and instructor; and

11.1 Students from each Surf School must be identifiable and distinguishable from any other type of sub-licensed Surf School;

11.2 Instructors from each Surf School must be easy to identify from a distance and be distinguishable from other sub-licensed school;

11.3 Each Surf School must have clear and visible colour coding exclusively on all garments, beach flags and surf boards;

11.4 Surf Schools must use bright colours on all garments and other apparel when on the beach to assist in easy and quick identification.

11.5 All students must wear a leg-rope that is attached to the surf board.

12 Surf Schools must keep and retain records of all students and daily signed logs, such records to be made available for inspection to Council as required.

13 A Surf School must maintain a close liaison with the Surf Life Saving Officers, if on duty, at a particular beach to be used by a Surf School.

14 All participants in a Surf School must be educated in the prohibition of surf craft in flagged areas on the beach under control of Surf Life Saving Officers.

15 A Surf School class must be cancelled if conditions are unsafe or if a surf carnival or other major event is being held. All reasonable directions from Surf Life Saving Officers, NSW Police Force Officers or Council Officers must be complied with.

16 No vehicles are to be driven on any licensed area including the beach or in any grassed reserve under the control of Byron Shire Council.

17 No advertising is permitted on the beach or on any uniforms or equipment used by a Surf School with exception of the Surf School business logo. Advertising of any kind is not permitted on shore based equipment such as flags.

18 Any class area or parking area must be kept in a clean and tidy condition free from litter and refuse at all times.

19 Any other conditions that Council, as the Reserve Trust Manager, may impose from time to time.

SCHEDULE ‘B’

PERSONALISED SURF SCHOOL

1 Introduction:

A Personalised Surf School provides individualised one on one surf lessons to members of the public.

2 Fees:

A Personalised Surf School sub-licence fee is published annually in Council’s Fees and Charges.

3 Qualifications:

3.1.1 Current Surf Rescue Certificate (SLSA Community Award) OR
Current Bronze Medallion (SLSA proficient annually) OR
Ocean Rescue Award (RLSS proficient annually) AND

3.1.3 First Aid Senior Certificate (St Johns, TAFE, NSW Ambulance, Red Cross); AND

3.1.4 Current Working with Children Check in accord with relevant Child Protection Legislation.

Risk Management Protocol

The following equipment is to be provided on the beach at every Personalised Surf School class:-

3.1.5 A Mobile Telephone;

3.1.6 A First Aid Kit (to be audited each quarter to the satisfaction of the Byron Bay Surf Lifesaving Club and reviewed by Council, as the Reserve Trust Manager, during each licence period);

3.1.7 “Soft Safes” surfboards with soft fins used at entry level;

3.1.8 Instructor’s rescue board on beach;

3.1.9 Flags denoting area colour coding exclusively on flags; and

3.1.10 Drinking water.

Insurance Cover

3.1.11 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act); AND

3.1.12 Minimum $5 million Professional Personal Indemnity.

4 A maximum of two (2) Personalised Surf Schools shall be sub-licensed to operate in coastal Crown reserves under control of the Byron Shire Council, as the Reserve Trust Manger and other lands included in Rl 564194, and only one class from each Personalised Surf School shall be permitted in the reserve, in the lesson area at the same time.

5 A maximum of two (2) students, only two (2) schools per day from each Personalised Surf School in the reserve, in the lesson area, at one time

6 A Personalised Surf School must operate at a minimum distance of 100 metres from any other sub-licensed Surf School.

7 No Personalised Surf School shall operate from the western side of the Byron Bay Surf Club to a line extending from Middleton Street.

8 No Personalised Surf School will have priority over any other sub-licensed Surf School in the licensed areas. A Personalised Surf School must liaise with other sub-licensed Surf Schools to ensure only one class from each school is in the reserve, in the lesson area at one time.

9 A Personalised Surf School must not interfere with other beach users, or enjoy exclusive use rights over any licensed area.

10 A Personalised Surf School must have distinctive garments for each student and instructor; and

10.1 Students from each Personalised Surf School must be identifiable and distinguishable from any other Personalised Surf School;

10.2 Instructors from each Personalised Surf School must be easy to identify from a distance and be distinguishable from any other type of sub-licensed school;

10.3 Each Personalised Surf School must have clear and visible colour coding exclusively on all garments, beach flags and surf boards;

10.4 Personalised Surf Schools must use bright colours on all garments and other apparel when on the beach to assist in easy and quick identification.

10.5 All students must wear a leg-rope that is attached to the surf board.

11 A Personalised Surf School must keep and retain records of all students and daily signed logs, such records to be made available for inspection to Council as required.

12 A Personalised Surf School must maintain a close liaison with the Surf Life Saving Officers, if on duty, at a particular beach to be used by a Surf School.

13 All participants in a Personalised Surf School must be educated in the prohibition of surf craft in flagged areas on the beach under control of Surf Life Saving Officers.

14 A Personalised Surf School must be cancelled if conditions are unsafe or if a surf carnival or other major event is being held. All reasonable directions from Surf Life Saving Officers, NSW Police Force Officers or Council Officers must be complied with.

15 No vehicles are to be driven on any licensed area including the beach or in any grassed reserve under the control of Byron Shire Council.

16 No advertising is permitted on the beach or on any uniforms or equipment used by a Personalised Surf School with exception to the Personalised Surf School business logo. Advertising of any kind is not permitted on shore based equipment such as flags.

17 Any class area or parking area must be kept in a clean and tidy condition free from litter and refuse at all times.

18 Any other conditions that Council, as the Reserve Trust Manager, may impose from time to time.

SCHEDULE ‘C’

STAND UP PADDLE BOARD SCHOOL

1 Introduction:

A Stand Up Paddle Board School provides an opportunity for any member of the public to experience the sport of stand up paddle boarding in enclosed flat waters of the Brunswick River.

2 Fees:

A Stand Up Paddle Board School sub-licence fee is published annually in Council’s Fees and Charges.

3 Qualifications:

3.1.1 Current Surf Rescue Certificate (SLSA Community Award) OR
Current Bronze Medallion (SLSA proficient annually) OR
Ocean Rescue Award (RLSS proficient annually); AND

3.1.2 Minimum - Level 1 Stand Up Paddle Instructor (Enclosed Flat Water) Accreditation from an Australian Nationally Recognised Training Institution; AND

3.1.3 First Aid Senior Certificate (St Johns, TAFE, NSW Ambulance, Red Cross); AND

3.1.4 Current Working with Children Check in accord with relevant Child Protection Legislation.

Risk Management Protocol

The following equipment is to be provided on the beach with every class:-

3.1.5 A Mobile Telephone;

3.1.6 A First Aid Kit (to be audited each quarter to the satisfaction of the Byron Bay Surf Lifesaving Club and reviewed by Council, as the Reserve Trust Manager, each licence period);

3.1.7 A Stand Up Paddle Board School Instructor must be clearly identifiable by apparel or craft;

3.1.8 All life jacket and other safety regulations must be adhered to; and

3.1.9 All personalised safety apparel, hard hats, safety vests or shirts must clearly distinguish a Stand Up Paddle Board School from any other Stand Up Paddle Board School.

Insurance Cover

3.1.10 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act); AND

3.1.11 Minimum $5 million Professional Personal Indemnity.

4 That a maximum of three (3) Stand Up Paddle Board Schools is available to operate in the flat waters of the Brunswick River.

5 Sub-Licence conditions provide for a maximum of:

5.1 Eight (8) students to one (1) instructor to a maximum of eighteen students in any one class; and

5.2 The instructor must accompany all students while in on the Brunswick River; and

5.3 Two (2) Stand Up Paddle Board classes per day; and

5.4 One (1) Stand Up Paddle Board class from each Stand Up Paddle Board School is permitted in the reserve, in the lesson area at the same time.

6 A Stand Up Paddle Board School must not operate less than 300m from the Brunswick River mouth.

7 A Stand Up Paddle Board School must operate at a minimum distance of 100 metres from any other Stand Up Paddle Board School.

8 No Stand Up Paddle Board School will have priority over any other Stand Up Paddle Board School in the licensed area. A Stand Up Paddle Board School must liaise with the other sub-licensed Stand Up Paddle Board Schools to ensure only one class from each school is in the reserve, in the lesson area at one time.

9 A Stand Up Paddle Board School must not interfere with other reserve users, or enjoy exclusive use rights over any licensed area.

10 A Stand Up Paddle Board School must have distinctive garments for each student and instructor; and

10.1 Students from each Stand Up Paddle Board School must be identifiable and distinguishable from any other Stand Up Paddle Board School;

10.2 Instructors from each Stand Up Paddle Board School must be easy to identify from a distance and be distinguishable from the other sub-licensed activity;

10.3 Each Stand Up Paddle Board School must have clear and visible colour coding exclusively on all garments and boards;

10.4 All students must wear a leg-rope that is attached to a stand up paddle board.

11 A Stand Up Paddle Board School must keep and retain records of all students and daily signed logs, such records to be made available for inspection to Council as required.

12 A Stand Up Paddle Board School class must be cancelled if conditions are unsafe. All reasonable directions from Surf Life Saving Officers, NSW Police Force Officers or Council Officers must be complied with.

13 No vehicles are to be driven on any licensed area including the beach or in any grassed reserve under the control of Byron Shire Council.

14 No advertising is permitted on any uniforms or equipment used by an A Stand Up Paddle Board School with exception to the A Stand Up Paddle Board School business logo. Advertising of any kind is not permitted on shore based equipment.

15 Any class area or parking area must be kept in a clean and tidy condition free from litter and refuse at all times.

16 Any other conditions that Council, as the Reserve Trust Manager, may impose from time to time.

SCHEDULE ‘D’

SEA KAYAK

1 Introduction:

Sea Kayak provides adventure tours to individuals and groups in licensed area.

2 Fees:

A Sea Kayak sub-licence fee is published annually in Council’s Fees and Charges.

3 Qualifications:

3.1.1 Current Surf Rescue Certificate (SLSA Community Award) OR
Current Bronze Medallion (SLSA proficient annually) OR
Ocean Rescue Award (RLSS proficient annually); AND

3.1.2 First Aid Senior Certificate (St Johns, TAFE, NSW Ambulance, Red Cross); AND

3.1.3 Certificate of Operation under Part 4, Division 3 or the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth); AND

3.1.4 Current Working with Children Check in accord with relevant Child Protection Legislation.

Risk Management Protocol

The following equipment is to be provided on the beach with every class:-

3.1.5 A Mobile telephone;

3.1.6 A First Aid Kit (to be audited each quarter to the satisfaction of the Byron Bay Surf Lifesaving Club and reviewed by Council, as the Reserve Trust Manager, each licence period);

3.1.7 All Sea Kayak (maximum of eighteen (18)) craft must be licensed by the NSW Roads & Maritime Services with licence numbers clearly displayed on each craft;

3.1.8 For safety purposes the Instructor’s or Tour Guide’s Sea Kayak craft must be distinctly marked for quick identification as the instructors kayak craft;

3.1.9 All life jacket and other safety regulations must be adhered to; and

3.1.10 All personalised safety apparel, hard hats, safety vests or shirts that clearly distinguish one Sea Kayak tour from any other sea kayak activity.

Insurance Cover

3.1.11 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act); AND

3.1.12 Minimum $5 million Professional Personal Indemnity.

4 A Maximum of two (2) Sea Kayak sub-licences is available to operate in open waters of licensed reserves.

5 Sub-Licence conditions provide for a maximum of:

5.1 Eight (8) students to every one (1) instructor, to a maximum of eighteen (18) kayaks in any one tour; and

5.2 Two (2) Sea Kayak tours in open waters of reserve areas per day; and

5.3 One (1) Sea Kayak tour in the flat waters of the Brunswick River per day; and

5.4 One (1) Sea Kayak tour from each Sea Kayak operator is permitted in the reserve, in the lesson area at the same time.

6 No Sea Kayak will have priority over any other sub-licensed Sea Kayak when using the parks or beaches. Sea Kayak operates are encouraged to liaise with other Sea Kayak operators, to ensure that only one class from each operator is in the reserve, in the lesson area at one time.

7 Sea Kayak tour must not interfere with other reserve users, or enjoy exclusive use rights over any licensed area.

8 Approaching Marine Mammals

8.1 Sea Kayak operators will comply with the National Parks and Wildlife Act 1974 (NSW) as amended and the National Parks and Wildlife Regulation 2009 (NSW) as amended for the interaction with marine mammal.

8.2 Sea Kayak operators will liaise with the National Parks and Wildlife Service (‘NPWS’) on a regular basis and comply with any requests or directions from the NPWS by necessity.

8.3 Sea Kayak operators will inform all participants of each tour of conditions 8.1 and 8.2 (approaching marine mammal) before departing the beach.

9 All licensed Sea Kayak operator must have distinctive garments for each student and instructor;
Students from each Sea Kayak business should be identifiable and distinguishable from any other Sea Kayak business;

9.1 Instructors from each Sea Kayak operator should be easy to identify from a distance and be distinguishable from other Sea Kayak operators; and

9.2 Each Sea Kayak operator should have clear and visible colour coding exclusively on all garments, beach flags and kayaks; and

9.3 Sea Kayak operators should use bright colours on all garments and other apparel when on the beach to assist in easy and quick identification.

10 Sea Kayak operators are to keep and retain a record of clients and daily signed logs, such records to be made available for inspection by Council, as required.

11 A Sea Kayak tour must be cancelled if conditions are unsafe. All reasonable directions from Surf Life Saving Officers, NSW Police Force Officers or Council Officers must be complied with.

12 No vehicles are to be driven on any licensed area including the beach or in any grassed reserve under the control of Byron Shire Council.

13 No advertising is permitted on any uniforms or equipment used by a Sea Kayak business with exception of the Sea Kayak business logo. Advertising of any kind is not permitted on shore based equipment.

14 Any class area or parking area is to be kept in a clean and tidy condition free from litter and refuse at all times.

15 No vehicles to be driven on the beach.

16 Any other conditions that Council, as the Reserve Trust Manager may impose from time to time.

SCHEDULE ‘E’

MOBILE KIOSK

1. Introduction:

A Mobile Kiosk serves food that is not potentially hazardous such as pre-packaged foods like soft drinks, ice creams and packaged confectionery.

2. Fees:

A Mobile Kiosk sub-licence fee is published annually in Council’s Fees and Charges.

3. Insurance:

3.1.1 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act); AND

3.1.2 Minimum $5 million Professional Personal Indemnity; AND

3.1.3 Minimum $20 million Product Liability.

1. A Mobile Kiosk may operate daily with the hours as specified by the sub-licence.

2. A Mobile Kiosk is a non-motorised unit that may only operate within licence areas as specified by the sub-licence.

3. A Mobile Kiosk must not operate from a fixed location but maintain a regular route within the licenced area as specified in the sub-licence.

4. A Mobile Kiosk sub-licensee must supply a suitable non-motorised unit for use for the carrying, storage and sale of foodstuffs and be approved by Council’s Environmental Health Officers before use. Suitability of the unit is at the discretion of Council.

5. A Mobile Kiosk sub-licensee must comply with the Food Act 2003 (NSW) and Regulations and adopt Council’s Food Code.

6. A Mobile Kiosk sub-licensee must provide for sale only pre-packed foodstuffs for example soft drink cans, ice blocks and packaged confectionery.

7. A Mobile Kiosk sub-licensee may sell sunscreen products approved by the Cancer Council of NSW. This excludes all fixtures and structures such as umbrellas, sun shades or similar that restricts movement by people on the coastal Crown reserve.

8. A Mobile Kiosk sub-licensee or any of his / her employees shall have attained a current ‘Bronze Medallion in Surf Life Saving’ and a senior level ‘First Aid Certificate’ which is current before commencing trade on any coastal Crown reserve.

9. A Mobile Kiosk sub-licensee must provide suitable containers for the collection of garbage and must actively encourage all customers to dispose of litter in a responsible manner.

SCHEDULE ‘F’

MOBILE BEACH LOCKER HIRE

1. Introduction:

A Mobile Beach Locker Hire is aimed at providing 7 days public access to safely store their personal chattels while at the beach.

2. Fees:

A Mobile Beach Locker Hire sub-licence fee is published annually in Council’s Fees and Charges.

3. Insurance:

3.1.1 Minimum $20 million Public Liability Insurance (such a policy to note the interests of the principal – i.e. Byron Shire Council, and the Minister Administering the Crown Lands Act);

3.1.2 Minimum $5 million Professional Personal Indemnity; AND

3.1.3 Minimum $20 million Product Liability.

4. A Mobile Beach Locker sub-licence is the right to operate a locker business only no other services or goods are to be offered for sale or hire.

5. A Mobile Beach Locker Hire sub-licensee must at their own cost, provide all equipment necessary to officially carry out a mobile beach locker business and must remove all such equipment on the termination of the Licence.

6. The Mobile Beach Locker Hire sub-licensee may operate daily with the hours as specified by the sub-licence.

7. The Mobile Beach Locker Hire sub-licensee may only operate from fixed location as specified by the sub-licence.

8. A Mobile Beach Locker Hire sub-licensee must be legally operated in a businesslike and efficient manner.

9. A Mobile Beach Locker Hire sub-licensee must ensure not display advertising matter other than reasonably necessary to identify the business and the service provided.

10. A Mobile Beach Locker Hire sub-licensee must ensure that all equipment and structures associated with the locker business is well maintained and all approvals are obtained under relevant laws.

11. While a Mobile Beach Locker Hire sub-licensee has discretion to make changes to their business, the sub-licensee must at all time reasonably have regard to the nature of the service being provided.

12. No tickets, pamphlets or other material with potential to become litter can be used in connection with the operation of the business unless authorised by the sub-licensor.

13. All material used for the operation of the Mobile Beach Locker Hire or ancillary to the business must not be stored on the beachfront when not in operation. The lawful parking of associated trailers and vehicles must be the responsibility of the Licensee.

14. A Mobile Beach Locker Hire sub-licensee must not use any public address or other sound amplification system in association with the provision of the service.

15. A Mobile Beach Locker Hire sub-licensee must not drive a vehicle onto the designated beach area in a way that posses a risk to any person of the public walking on a footpath, the Licensee must take all necessary risk management steps to prevent any injury to persons or property.

16. Any other conditions that Council, as the Reserve Trust Manager, may impose from time to time.

APPENDIX “A”

DEFINITIONS

In this Policy:

Approved form means a form determined by the Byron Shire Council for the purposes of this policy in relation to which this expression is used.

Coastal Crown reserves means the reserves identified within this Policy.

Council means the Byron Shire Council.

Educationally based community activities mean organised activities for the purpose of providing and distributing educational information.

Holder means the person named as the sub-licensee in a Sub-Licence.

Passive Recreational Activities means passive recreational / leisure activities undertaken by people on an informal basis.

Political Functions means organised gatherings of people, for the purpose of expressing political beliefs.

Religious functions mean organised gatherings of people, for the purpose of expressing religious beliefs.

Social Gatherings means small gatherings of people, meeting on an informal and social basis.

Sporting events – organised means events organised on a not-for-profit and community oriented basis, where prizes are distributed on an amateur basis.

Weddings – means weddings that constitute gatherings of ten or more people that then impact on the management and use of the reserve.

APPENDIX “B”

MAPS

Date Adopted	16 August 2001	Resolution No.
Policy Responsibility	Property Management
Review Timeframe
Last Review Date:	April 2017	Next Scheduled Review Date

Doc No.	Date Amended	Details Comments eg Resolution No.
	30 November 2004
#421342	15 December 2005	Res 05-930
#456736	15 August 2006	Res 06-499
#939163	3 March 2010	Res 09-1128
#1177191	8 December 2011	Res 11-1000