application for or renewal of commercial operations …...for rowley shoals marine park applications...

Please attach a copy of the current accreditation certificate(s).

CONSERVATION AND LAND MANAGEMENT REGULATIONS 2002 (PART 7) CLM149M

Application for or renewal of commercial operations licence—T class marine reserves onlyThis application applies to commercial operators conducting water-based activities on reserves managed by the Department of Parks and Wildlife (DPaW).

NAME OF APPLICANT: (Person or Pty Ltd company only)

Note: The application must be made by one person or company proposing to undertake the activity (activities) for which permission is sought. The application cannot be made using a trading/business name.

If the application is by a company please provide the Australian Company Number (ACN)

Name and address of directors and secretaries

ALL APPLICANTS: please provide the Australian Business Number (ABN)

TRADING/BUSINESS NAME:

Is/are the name(s) registered? o Yes o No

If yes, please provide the registered name(s)

and the registration number(s)

Which licence are you applying for? 2-month o Nominated start date o 1-year o 3-year o 5-year o 7-year o10-year

Are you renewing your licence? o No o Yes Current licence number:

Are you applying for an endorsement to your licence? o No o Yes Current licence number:

IMPORTANTLicence applications/renewals involve a legislative approvals process. When planning your business please take into consideration the time taken for approvals. Contact DPaW’s Licensing Officer on (08) 9334 0119 for more information on this process.Online training must be completed prior to submitting this application. The training can be completed by going to https://parks.dpaw.wa.gov.au/know/training-accreditation-insurance-fees.Please print and attach a copy of the certificate to this application when completed.

APPLICATION FEE, LICENCE CHARGES AND ACCREDITATIONSend the completed application, together with the licence charge below (refundable if your application is unsuccessful) plus a non-refundable application/renewal fee of $115 to Policy and Tourism Branch, Department of Parks and Wildlife, Locked Bag 104, BENTLEY DELIVERY CENTRE WA 6983.

Licence term Licence charge Accreditation level required

2-month $136 (plus $115 application fee) No accreditation1-year $400 (plus $115 application fee) ATAP, NARTA, Nature Level Eco Certification or equivalent3-year $1200(plus $115 application fee) ATAP, NARTA, Nature Level Eco Certification or equivalent5-year $2000(plus $115 application fee) ATAP with the EcoPlus module, NARTA, Nature Level Eco Certification or equivalent

7-year $2800(plus $115 application fee) ATAP with the EcoPlus module, Eco Certification or equivalent10-year $4000(plus $115 application fee) ATAP with the EcoPlus module, Advanced Eco Certification or equivalent

For more information about accreditation requirements please see the Commercial Operator Handbook – Terrestrial or Marine, which can be downloaded from https://parks.dpaw.wa.gov.au/know/commercial-operations-licensing.

FOR ALL OPERATORS: Are you currently accredited? o No o ATAP o Eco Certification o NARTA Expiry date

Other, please state

Any vessel, craft or vehicle used by a commercial operator on DPaW-managed waters and land must be noted on this application form with the relevant Department of Transport certificate of survey, hire and drive registration or vehicle registration certificate. If vehicles are used please provide the registration details and vehicle type.

It is also important that you attach copies of the registration certificates for each of your stated vessels, craft or vehicles to ensure currency. A licence cannot be issued until these are supplied. If you are starting up your business and haven’t got these registration certificates make a note below and send the details as soon as possible.

Nominated vessel(s) SPV no./reg. no. Hire and drive reg. No. of craft Size of vessel (m)

POSTAL ADDRESS OF APPLICANT:

Note: If the applicant

is a company please provide the postal address of the contact person.

Name of contact

Email Website

Phone 1 Phone 2 Fax

Please attach a copy of the registration certificate for each of your stated vessels, craft or vehicles

VESSEL DETAILS

SKIPPER DETAILS

Please indicate the names of your intended skipper(s), if applicable, and their certification.

For Rowley Shoals Marine Park applications please demonstrate that the nominated vessel has appropriate holding tank capacity and sullage management facilities (architectural drawings, and/or certified documents from the builder detailing the system specifications).

If you are a land-based operator, please contact the DPaW Licensing Officer on (08) 9334 0119 for a terrestrial application form. Application forms can also be found on the website at:

https://parks.dpaw.wa.gov.au/know/applications

1. Turn to the park maps on the following pages. Draw on the maps to identify your intended routes and access points. Take note of thezones in which you wish to operate.

Please give plenty of detail as this will assist DPaW in assessing your application.

2. Turn to the table on page 13 and 14. The table indicates which activities are appropriate for particular reserves and zones.

Open boxes indicate activities permitted in the zone.

Light blue boxes indicate activities requiring a higher level of assessment and that may not be permitted in the zone.

Dark blue boxes indicate activities not permitted in the zone.

3. Place an ✗ in the open or light blue boxes where you wish to conduct your operations. If you wish to conduct an activity not permitted inthe table, please contact the DPaW Licensing Officer on (08) 9334 0119.

Should you require more information on activities, parks or zones, please contact the local DPaW district office listed in the CommercialOperator Handbook – Marine.

4. In the far right column of the table, please nominate the entry point for each park applied for.

5. The DPaW Commercial Operator Handbooks – Marine and Terrestrial detail the conditions that apply to activities and reserves.Please ensure you have read and accepted the conditions before submitting this form.

HOW TO APPLY

MOORINGS

Does your operation use an existing mooring site within a marine reserve? o Yes o No

If yes, please provide the following details:

Name of marine reserve where mooring is located

Description of mooring location (bay name, area)

Type of mooring (e.g. swing or beach)

Describe your mooring buoy and any identifying marks

Do you share this mooring with other operators? Yes/No

GPS coordinates WGS84• Degreesanddecimalsof

degrees (preferred) or • Degrees,minutesanddecimals

of minutes

DPaW is developing a statewide strategy for the management of public and private moorings in marine reserves. You may be contacted in future regarding this strategy.

NEW MOORINGS: Any installation of a new mooring in a marine reserve will require approval from the DPaW District Manager of the respective marine reserve. Contact the DPaW Moorings Policy Officer on (08) 9334 0594 to obtain the application forms and conditions. If you require a mooring as part of your operation, the mooring installation approval will be required prior to the commercial activity licence being issued. The validity of approval for a mooring will not extend beyond your licence period. Allow plenty of time for your mooring application to be assessed – this may involve taking DPaW staff out to the proposed mooring site so the mooring location can be assessed in terms of environmental protection.

DPaW Estate

114°0’

114°0’22

°0’

22°0

’

23°0

’

23°0

’

24°0

’

24°0

’

0 20 40 60

Scale in kilometres

Lighthouse BaySanctuary Zone

OspreySanctuary Zone

MangroveSanctuary Zone

TantabiddiSanctuary Zone

JurabiSanctuary Zone

MuratSanctuary Zone

BundegiSanctuary Zone

WinderbandiSanctuary Zone

BatemanSanctuary Zone

CloatesSanctuary Zone

Cape FarquarSanctuary Zone

PelicanSanctuary Zone

MaudSanctuary Zone

GnarralooSanctuary Zone

ManduSpecial Purpose Zone(Benthic Protection) Mandu

SanctuaryZone

LakesideSanctuary

Zone

EXMOUTH

North MuironConservation Area

Sunday IslandConservation Area

South MuironConservation Area

MUIRON ISLANDSMARINE MANAGEMENT AREA

Cape RangeNational Park

Yardie Creek

POINT CLOATES

CORAL BAY

CAPE FARQUHAR

RED BLUFF

TurtlesSanctuary Zone

3 MileSanctuary Zone

Ningaloo Marine Park

(Commonwealth Waters) Ningaloo and Muiron IslandsMarine Conservation Reserves

LEGEND

Marine Park Management Zones

Sanctuary Zone

Special Purpose Zone

Recreation Zone

General Use Zone

Special Purpose Zone (Shore Based Activities)

Other DEC Estate

Marine Conservation Reserve Outer Boundary

Marine Management Area

Limit of Australian Territorial Sea

Limit of WA Coastal Waters

DPaW Estate

114°22’19"

114°22’19"

114°2’20"

114°2’20"

113°42’22"

113°42’22"

113°22’23"

113°22’23"

113°2’24"

113°2’24"24

°43’

55"

24°4

3’55

"

25°3

’54"

25°3

’54"

25°2

3’53

"

25°2

3’53

"

25°4

3’52

"

25°4

3’52

"

26°3

’50"

26°3

’50"

26°2

3’49

"

26°2

3’49

"

26°4

3’48

"

26°4

3’48

"

27°3

’47"

27°3

’47"

DIRK HARTOG

ISLAND

BERNIER ISLANDCARNARVON

DORRE ISLAND

Sandy Point Sanctuary Zone

Cape PeronSpecial Purpose Zone

(Wildlife Viewingand Protection

Big LagoonSpecial Purpose

Zone(Nursery

Protection)

Big LagoonSanctuary Zone

GundrunSanctuary Zone

WooramelSpecial Purpose

Zone(Seagrass Protection)

Dissapointment ReachSanctuary Zone

GladstoneSpecial PurposeZone (Dugong

Protection)

Hamelin PoolMarine Nature

Reserve

SHARK BAYMARINE PARK

DENHAMLittle LagoonRecreation Zone

Lharidon BightSanctuary

Zone

Marry Anne IslandSanctuary Zone

Eighteen MileSanctuary Zone

FreycinetSpecial Purpose Zone

(Habitat Protection)Boorabuggatta

Special Purpose Zone(Habitat Protection)

Surf PointSanctuary

Zone

Shark Bay Marine Park andHamelin Pool

Marine Nature Reserve

LEGEND

Marine Management Zones

Limit of WA Coastal Waters

Limit of Australian Territorial Sea

Marine Conservation Reserve Outer Boundary

General Use Zone

Recreation Zone

Sanctuary Zone

Special Purpose Area

Other DEC Estate

Marine Nature Reserve Outer Boundary

0 20 40 60

Scale in kilometres

FrancoisPeron

NationalPark

Dubaut InletRecreationZone

Monkey MiaRecreation Zone

Dirk HartogIsland

National Park

DPaW Estate

DPaW Estate

DPa

W E

stat

e

DPaW Estate

Walpole and Nornalup Inlets Marine Park

Activity permitted

Activity requires higher level of DPaW assessment and may not be permitted

Activity not permitted

Boat

tour

s or

cha

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Cru

ise s

hips

Cor

al v

iew

ing/

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s bo

ttom

ves

sels

Floa

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Saili

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urs

Wat

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ports

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/kite

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Place an X only in the boxes for the reserves where you wish to operate.

Rowley Shoals Marine Park Sanctuary zone

Recreation zone

General use zone

Sanctuary zone

Recreation zoneSpecial purpose zone(benthic protection)Special purpose zone (pearling)

General use zone

Barrow Island Marine Park Sanctuary zone

Conservation area (benthic fauna/seabird protection)

Unzoned areas

Ningaloo Marine Park General use zone

Recreation zoneSpecial purpose (shore-based activities) zoneSpecial purpose (benthic protection) zoneSanctuary zone

Muiron Islands Marine Unzoned area Management Area

Conservation area

Shark Bay Marine Park General use zoneSpecial purpose zone (various)Recreation zone

Sanctuary zone

Jurien Bay Marine Park General use zoneSpecial purpose (aquaculture) zoneSpecial purpose (shore-based activities) zoneSpecial purpose (Puerulus monitoring) zoneSpecial purpose (scientific reference) zoneSanctuary zone

Please nominate point of access/

entry

Motorised boating

1,3,5,7

Motorised watersports

1,3,4,5

Non-motorised watersports 1,3,4,5

Non-motorised boating

1,3,5

2

2

2

2

6

6

8

2

2

17

2

18

9,11

9

2

8 8 8 8 8 8

9,11 9,11 11 11 11 11 11

10 10 10 10 109 9

13

13

13

13

13

13

*Accreditation with EcoCertification or Green Globe required to access the marine park.

Montebello Islands Marine Park

Barrow Island Marine Management Area

Note: If you wish to carry out a marine wildlife interaction or viewing tour, please complete a marine mammal interaction application form and return it with this application. The form is available from:

http://www.dpaw.wa.gov.au/plants-and-animals/licences-and-permits

1 Subject to provisions of Conservation and Land Management Act 1984 and Wildlife Conservation Act 1950.2 Charter fishing tours are not permitted in sanctuary zones, conservation areas (benthic fauna/seabird protection), special purpose (aquaculture) zones or special

purpose (scientific reference) zones.3 Subject to the Western Australian Marine Act 1982.4 Licence required from DPaW and/or the Department of Fisheries and/or the Environmental Protection Agency.5 Boating and associated activities and surface water sports may be restricted in specific areas where there is a clear need for such restrictions.6 Charter fishing tours are not permitted in recreation zones and may troll only in the special purpose zone (benthic protection).7 Subject to the Fish Resources Management Act 1994 and Pearling Act 1990.8 Activities permitted unless the activity is shown to be incompatible with the specified primary purpose of the special purpose zone (pearling).9 Charter fishing is not permitted in Shark Bay Marine Park recreation zones. Charter fishing only permitted in Freycinet and Wooramel special purpose zones.10 Permitted in recreation zones except in the Dolphin Interaction Area at Monkey Mia.11 Permitted, except in Gladstone special purpose zone during summer boating closures. Waters south of the channel will be closed from 1 September to 15 January

and north of the channel from 1 December to 31 March each year.12 If approved, permitted only in Freycinet and Wooramel special purpose zones and Gladstone special purpose zone outside of summer boating closures.13 Charter fishing not permitted in special purpose (aquaculture) zone, special purpose (shore-based activities) zone, special purpose (Puerulus monitoring) zone, special

purpose (scientific reference) zone or sanctuary zone.14 A 12 knot speed limit applies to motorised vessels within the Shoalwater Islands special purpose (wildlife conservation) zone and the Seal Island sanctuary zone from

1 July 2008. Non-motorised vessels and craft are encouraged to comply with this speed limit.15 Operators who have not applied for bushwalking in Prince Regent National Park before must also provide with their application a written copy of the pre-excursion

briefing they intend to present to passengers (see conditions 9.1(m)(i) and (q) in the Commercial Operator Handbook – Marine for more details).16 Water skiing is not permitted except in the designated water skiiing area.17 Charter fishing tours may only conduct trolling in the special purpose zone (benthic protection).18 Charter fishing is not permitted in the conservation area of the marine management area.19 Except for operators specifically licensed to access Penguin Island CP by non-motorised craft, access shall only be by the Penguin Island Ferry Service which is

licensed to operate in the Shoalwater Islands MP restricted zone.

Are you a marine-based operator intending to land on terrestrial reserves? If yes, please tick the relevant open boxes for appropriate reserves in the following table. If you wish to apply for other terrestrial reserves, please note these down in the comments section of this application or complete the terrestrial reserves application form.

Boat

tour

s or

cha

rters

Cru

ise s

hips

Cor

al v

iew

ing/

glas

s bo

ttom

ves

sels

Floa

t pla

nes

Saili

ng to

urs

Wat

ersk

iing16

Wak

eboa

rdin

g/sk

urfin

g

Para

saili

ngH

igh

spee

d fre

esty

le s

ports

(je

t ski

s)Di

ving

- co

mpr

esse

d ai

r (s

cuba

, hoo

kah,

snu

ba)

Divi

ng -

snor

kelli

ngKi

tesu

rfing

/kite

boar

ding

Win

dsur

fing

Surfi

ngSw

imm

ing

Kaya

king

/can

oein

g

Smal

l cra

ft hi

re

Please nominate point of access/

entry

Marmion Marine Park Sanctuary zone

Recreation zone

General use zone

Swan Estuary Marine Park General use zone

General use zone Special purpose

(wildlife conservation) zoneSpecial purpose (scientifc reference) zone

Sanctuary zone

2

2,14 2,14 2,14

2

Prince Regent National ParkLow Rocks Nature ReservePelican Island Nature ReserveLacepede Islands Nature ReserveDampier ArchipelagoMontebello Islands Conservation ParkCape Range National ParkMuiron Islands Nature ReserveFrancois Peron National ParkWalpole-Nornalup National ParkPenguin Island Conservation Park

a Each visit must be booked with DPaW

b Some islands may not be visited or camped upon

c Activity plans must be submitted to DPaW before camping in the park during sea kayaking tours

Boat tours or charters Bushwalking Camping

a

19

a

b b

a,bc

c

a

15

Walpole and Nornalup Inlets Marine Park Recreation zone

19

Shoalwater Islands Marine Park

Motorised boating

1,3,5,7

Motorised watersports

1,3,4,5

Non-motorised watersports 1,3,4,5

Non-motorised boating

1,3,5

INSURANCE5.12 (a) The Operator shall at all times during the period of the Licence maintain a policy of public liability insurance, that covers the

areas and Operations allowed under the Licence, in the name of the Operator to the extent of its rights and interests for a sum of not less than $10 million per event.

(b) The Operator shall provide the Director General proof of the existence and currency of such insurance policy whenever requested by the Director General during the term of the Licence.

(c) The Operator shall pay all premiums of the public liability insurance policy when they are due, comply with all of the terms of that insurance policy and shall make the insurer aware of the Licence, these Conditions and the indemnity given to the Director General.

Please attach a copy of the Certificate of Currency for your public liability insurance.

PAYMENT DETAILS

Payment: Cheque o Visa o Mastercard o

Card number:

Expiry date: _______ / __________ Amount: $ ______________________________

Signature:

Name (as it appears on card):

If you have any queries please contact DPaW’s Licensing Officer on:Phone: (08) 9334 0119 Fax: (08) 9334 0221 Email: [email protected]

More information regarding commercial activity licensing can be found at the websites: DPaW’s website: https://parks.dpaw.wa.gov.au/know/commercial-operations-licensing Tourism Council Western Australia (TCWA) accreditation website: www.tourismcouncilwa.com.auNational Accomodation, Recreation and Tourism Accreditation Program (NARTA) website: www.narta.org.au

Eco Certification website: www.ecotourism.org.auGreen Globe accreditation website: www.ec3global.com

I:

(Full name)

hereby apply for a licence to enter upon and use the waters and land within the areas specified in this application in order to conduct the activities specified in this application.

I understand and agree that the licence if granted will be subject to the provisions of the Conservation and Land Management Act 1984 (CALM Act) and all regulations and subsidiary legislation made under it.

I certify to the best of my knowledge that the information provided within this application is true and correct in every detail.

I understand that the licence if granted will not be transferable and may not be automatically renewed.

I have read, understood and agree to abide by the general, operation specific, area specific, issues and extra conditions contained within the Department of Parks and Wildlife (DPaW)’s Commercial Operator Handbook – Terrestrial and Marine, as amended from time to time, and I understand that further conditions relevant to the areas and activities proposed in this application may be imposed.

I hereby agree to release and indemnify, and keep indemnified, the State of Western Australia (State), the Chief Executive Officer of DPaW (CEO), and each of the employees, contractors and agents of the State or DPaW (Indemnified Parties) from and against all Claims and Costs which may be made or brought against, suffered or incurred by any of the Indemnified Parties arising in any way from, or in connection with the conduct of the applicant or any of its employees, agents, contractors, or passengers of the operation the subject of this application, except to the extent that any claims, actions, demands, suits, proceedings, damages, liabilities, losses or costs made or brought against, suffered or incurred by the Indemnified Parties are as a result of the Indemnified Parties’ negligence:

• on any lands to which the CALM Act applies; or

• in relation to the event and activities the subject of this application.

I certify that the applicant’s public liability insurer is aware of the conditions that would apply to this licence and the indemnity granted above. I confirm that the applicant’s public liability policy also covers the operation and activities that are specified in this application form.

Executed as a deed on: ....................................... Date

(please select the appropriate box for your situation only):

DEED POLL

Natural person

(check box)

………………………………………................... ……………………………………….................. Signature Name

………………………………………................... ………………………………………................... Witness Name

Company Pty Ltd (executed in accordance with section 127(1) of the Corporations Act 2001 (Cth))

(check box)

………………………………………................... ………………………………………................... Signature of director or secretary Name

……………………………………….................. ………………………………………...................

Signature of director Name

………………………………………................... ………………………………………................... Witness Name

Incorporated Association (executed in accordance with section 14(1)(b) of the Associations Incorporation Act 1987 (WA))

(check box)

………………………………………................... ……………………………………...................… Signature of person with authority Nameto bind the Incorporated Association

………………………………………................... ………………………………………................... Witness Name

Yes N/A(not applicable)

Have you completed the online training (can be accessed via https://parks.dpaw.wa.gov.au/know/training-accreditation-insurance-fees) and attached a copy of the certificate? Operators are required to complete this prior to applying.

Have you filled out your routes and access points on the maps?

Have you included a copy of your public liability insurance with $10,000,000 coverage, covering all proposed activities and locations and made your insurer aware of the conditions and indemnity?

Have you included current copies of your Department of Transport vessel SPV numbers, survey certificates, hire and drive certificates?

Have you signed the application?

Have you enclosed the licence charge and the application/renewal fee totalling:

$251 for 2 months $515 for 1 year $1315 for 3 years $2115 for 5 years

$2915 for 7 years $4115 for 10 years

Have you enclosed a copy of the accreditation certificate(s)?

Have you supplied brochures, itineraries or supportive information?

Are you a new operator? If so, it is recommended that you contact the Small Business Development Corporation or develop a business plan for your proposal.

Please do not submit your application until you can supply all of the requested information.

APPLICATION CHECKLIST

CREDIT FACILITIES

The grant of a commercial operations licence does not automatically allow licence holders to have credit facilities for the payment of park entry and other fees. Licence holders are required to make an application to DPaW for the use of credit and must meet the following criteria at the discretion of the Assistant Director, Policy and Planning:

1. demonstration of good credit record (DPaW history or other referees);

2. if unable to meet criterion 1, then a bank guarantee to an amount commensurate with the commercial operator’s credit requirements (see below);

3. if a company, provision of Director’s Guarantee (see below); and

4. demonstration that the account will be active to the extent of at least $500.00 per month (allowing for seasonality) as determined by theCoordinator, Park Policy and Services.

Credit accounts will only be allowed for approved incorporated clients. For more information please contact the Manager, Policy and Tourism Branch on (08) 9219 9169.

For those operators who are not granted credit facilities, options for payment of fees include cash, cheque or by credit card. Payment by any of these methods requires the use of a Cash Payment Commercial Activity Docket Book, which must be used when payment is made in this fashion. Please contact the Licensing Officer on (08) 9334 0119 to obtain these books.

Director’s guarantees:Where a licence holder requires credit and is an incorporated body (i.e. company, incorporated club), all directors and office bearers will be required to sign a personal guarantee when applying for a licence.

Bank guarantee:A bank guarantee for an amount required to meet the credit facilities of the licence holder (as determined by the Assistant Director, Policy and Planning) can be requested where the licence holder becomes delinquent or is considered an unacceptable risk for DPaW.

PAYMENT OF PARK ENTRY AND CAMPING FEES

Yes No

o oDo you require credit facilities for payment of fees? (See above for details.) If yes, please contact the Manager, Policy and Tourism Branch on (08) 9219 9169.

o o

For operators with approved credit facilities, do you require Credit Payment Commercial Activity Docket Books? If yes, please indicate how many books you require (one per vehicle). Credit Payment Commercial Activity Dockets must be completed at each visit when paying with credit.

o o

For operators without approved credit facilities, do you require Cash Payment Commercial Activity Docket Books? If yes, please state how many (one per vehicle). Cash Payment Commercial Activity Dockets must be completed at each visit even if paying by cash, cheque or credit card.

While marine parks do not have entry fees, some operators also visit national parks and other terrestrial reserves which do have entry or camping fees. If you are such an operator, please complete this page.

Under section 5.2 of the Commercial Operator Handbook it is a requirement for licensed operators to pay any park entry and camping fees in DPaW-managed lands using a DPaW-supplied Commercial Activity Docket Book. Please indicate below the type and quantity of docket books you will require for your business:

Please read and agree to the general, operational specific, area specific, issues and extra conditions contained within the Commercial Operator Handbook – Marine and/or Terrestrial before finalising your application. These conditions will apply to

your licence upon its approval and other conditions may be added.

If you have any comments or you wish to apply for reserves or activities not listed please detail them below. If you wish to operate within a nature reserve or a marine nature reserve please provide specific information regarding your tours into these reserves, such as passenger numbers, access points, routes, interpretive information and specific activities and locations within these reserves. Please discuss these with the relevant districts if necessary and indicate how your tour relates to the purpose of the reserve.

COMMENTSPlease attach more information if necessary. (Extra space is available at the end of the application form.)

20130357A-1213-PDF

application for or renewal of commercial operations …...for rowley shoals marine park applications...

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