Marine Mammal Tour Permit Application July 2015 to June 2016
About this Application
This application is for one or more of the following Marine Mammal Tour Permits, issued under the Wildlife Act 1975 and the Wildlife
(Marine Mammals) Regulations 2009:



•Whale Watching Tour Permit (aircraft-based)
Whale Watching Tour Permit (boat-based)
Seal Tour Permit
1. APPLICANT DETAILS
Mr/Mrs/Ms
First name
Date of birth
Sex (M/F)
Other name/s
Surname
2. BUSINESS ADDRESS
Flat/Unit No.
House/Lot no.
Street name
City/Suburb/Town
Postcode
Registered business name or trading name (optional)
Website address (optional)
3. POSTAL ADDRESS (If the same as the business address above please write ‘As above’)
Flat/Unit No.
House/Lot No.
Street name or PO Box
City/Suburb/Town
Postcode
4. CONTACT DETAILS
Telephone (business hours)
Telephone (after hours)
Mobile
Email
Fax
DELWP OFFICE USE ONLY:
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5. PERMIT TYPE (Please tick the type of permit you are applying for)
 Whale Watching Tour (aircraft)
 Whale Watching Tour (vessel)
 Seal Tour Permit
If you are applying for a seal tour permit, please indicate which of the recognised seal colonies you are seeking to conduct tours to:
 Cape Bridgewater
 The Skerries
 Lady Julia Percy Island
 Seal Rocks
 Rag Island
6. TOUR INFORMATION
Please tick which marine mammals your proposed tour will focus on:
 Bottlenose Dolphins
 Humpback Whales
 Common Dolphins
 Blue Whales
 Southern Right Whales
 Australian Fur Seals
 Other (please specify)
Tour departure point(s):
General location of tours:
 Yes  No
Do you have a current Tour Operator Permit issued by Parks Victoria?
Licence number
Expiry date
PV
Please attach a short statement outlining the purpose of the tour operations, the proposed tour offering (including number of
tours per day, operating period) and how you will meet the conditions of the permit.
7. VESSEL DETAILS
Type of vessel
Registration number
8. NOMINATED TOUR SUPERVISOR(S)
Name
9. PRIOR CONVICTIONS
Have you ever been convicted of any offence under the Wildlife Act 1975 (or similar legislation in other states or territories) during
the last 10 years? If yes, please provide details below. (Attach a separate sheet if more space is required).
Yes / No
Description of Offence
Year
State
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10. COLLECTION, USE AND DISCLOSURE OF PERSONAL AND BUSINESS CONTACT INFORMATION
Privacy and Data Protection Act 2014
The Department of Environment, Land, Water and Planning (DELWP) is committed to protecting personal information provided by
you in accordance with the principles of the Victorian privacy laws. The information you provide will be used to monitor compliance
with licence conditions and to provide information about any changes to legislative requirements. Your contact details may also be
used by DELWP or its contracted service providers under confidentiality agreements to survey you about your experience with
DELWP or to seek feedback related the keeping of wildlife. A licence may not be issued if the information required is not provided.
The information you provide will also be made available to any authorised law enforcement agency.
You may access the information you have provided to DELWP by contacting the Privacy Coordinator on (03) 9637 8697.
Disclosure of business details
Details of this application for a wildlife licence will be stored on a database held by DELWP and, if your application is successful,
your business details (including Contact Person, Business Name, Business Telephone and Postal Address) may be disclosed to
members of the public seeking to contact you about the wildlife-related services you are authorised to provide under that wildlife
licence.
 YES, please disclose my business contact details
 NO, please do not disclose my business contact details
11. PERMIT CONDITIONS
If your application is successful, your Marine Mammal Tour Permit may include the following conditions, however, changes to these or
additional conditions may be imposed at the discretion of the Secretary.
General conditions
1.
The provisions of the Wildlife Act 1975 and the Wildlife (Marine Mammals) Regulations 2009 or equivalent legislation or
regulations must be observed at all times.
2.
This permit is not transferrable.
Additional conditions
The following conditions are in addition to those prescribed by regulations 16 and 19 of the Wildlife (Marine Mammals) Regulations
2009.
3.
The permit only applies to vessels nominated in the application. If a Permit Holder wishes to change the vessel(s) used, he or she
must apply to DELWP for a variation to their permit.
4.
The Permit Holder is responsible for ensuring that the Permit Holder’s tour supervisor(s) have been provided with a copy of the
conditions of this Permit and the Wildlife (Marine Mammals) Regulations 2009.
5.
The Permit Holder agrees to provide the Secretary with a perpetual non-exclusive paid up license (including a right to sub-license)
to use trip return data required under the permit for whatever purpose the Secretary sees fit.
6.
If the Permit Holder cannot demonstrate continuous use of the permit to conduct tours over a 12 month period they must on written
request of the Secretary explain why this has been the case. Failure to conduct tours over an extended period may form a basis
for cancellation of the permit.
7.
The Permit Holder shall carry an operational range finder and global positioning system (GPS) during all activities authorized
under this Permit.
8.
Permit Holders must when requested by the Secretary, allow an observer or researcher nominated by the Secretary on board
tours to monitor adherence to permit conditions and to monitor the effects tour activities may have on whales and other wildlife.
Additional conditions for all boating tour vessels in the caution zone of Southern Right Whales, Blue Whales and Humpback Whales
9.
Tour vessels must withdraw to the minimum distance prescribed in the Wildlife (Marine Mammals) Regulations 2009 (i.e. 200m)
when surface active groups of whales are detected.
10. Tour operators must not be within the minimum distance prescribed in the Wildlife (Marine Mammals) Regulations 2009 (i.e. 200m)
of a whale when:
a.
the whale is within 200m of the low water mark; and
b.
the whale is between the tour vessel and the low water mark.
11. In addition to the reporting requirements required under Section 16 (16) of the Wildlife (Marine Mammals) Regulations 2009, the
permit holder must submit the following additional information to DELWP with the monthly return:
a.
Photo(s) (electronic or hard copy) of every Southern Right Whale encountered, including a notation of the date,
time and location where the photo was taken.
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12. INSURANCE, RELEASE AND INDEMNITY
If your application is successful, you will be required to comply with the following insurance, release and indemnity provisions.
“DELWP” means the Department of Environment, Land, Water and Planning.
“Insured” means the Permit Holder, including the Permit Holder’s officers, employees, agents, contractors, subcontractors and
invitees.
“Other Relevant Parties” means the Minister for Environment, Climate Change and Water, the Secretary to the Department of
Environment, Land, Water and Planning, the Minister for Ports, and any other body delegating its powers to DEWLP.
“Permit Holder” means the applicant for the permit specified in the permit application form.
“Term” means the period of operation of the permit.
“Site”- means the area where the Permit holder intends to or conducts whale or seal watching activities authorised under this Permit.
1.
INSURANCE
1.1
The Permit Holder must effect and maintain insurance throughout the Term of the Permit with an insurer approved by the
Australian Prudential Regulation Authority (APRA):
a.
b.
a public, and if relevant, products liability insurance policy for not less than $20 million (or any greater amount required by
DELWP) in respect of any single claim arising out of the activities of the Insured covering all third party claims arising out of:
i.
loss, including financial loss, destruction or damage to real or personal property and ensuing loss of use of that
property;
ii.
death, injury to, or disease of persons;
iii.
the operation of watercraft; and
an employers liability and workers’ compensation policy which covers any damage, loss or liability suffered or incurred by any
person engaged by the Permit Holder arising:
i.
by virtue of any statute relating to workers’ or accident compensation or employers’ liability; or
ii.
at common law, such policies referred to collectively as “the Policy”.
1.2
The Permit Holder must effect and maintain the Policy in the name of the Insured, and noting the interests of the Other
Relevant Parties.
1.3
The Permit Holder must ensure that the Policy contains provisions under which DELWP is to be notified of any changes to the
Policy.
1.4
The Permit Holder must provide DELWP with:
a. a certificate of currency for the Policy which clearly confirms the requirements of the preceding clause 1 .2:
i.
prior to the Permit commencement date;
ii.
at any other time upon request by DELWP;
b. a copy of the Policy upon request by DELWP. DEWLP shall have the right to insist on any amendments to the policy wording
or limits as it reasonably requires.
1.5 The Permit Holder must promptly notify DELWP if:
1.6
a.
an event occurs which may give rise to a claim under or prejudice the Policy; or
b.
the Policy is cancelled.
The Permit Holder must not do anything or allow anything to be done which may:
a. prejudice any insurance held in connection with the Site/s; or
b. increase the premium payable for any insurance held in connection with the Site/s.
1.7 The Permit Holder must effect and maintain all other insurances in a manner and to such extent which is reasonable and
customary for an organisation engaging in activities of the kind referred to and permitted by the Permit.
1.8 The Permit Holder shall deliver upon request to DELWP copies of any policies required to be entered into by it pursuant to clause
1.7 and DELWP shall have the right to insist on any amendments to the policy wording or limits as it reasonably requires.
2.
RELEASE
2.1
The Permit Holder agrees that it:
a. occupies and uses the Site/s at its own risk;
b. has inspected and assessed, and will continue to inspect and assess, the Site/s and is of the opinion that the Site/s is safe
and suitable for the activities of the Permit Holder.
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2.2
The Permit Holder releases DELWP and Other Relevant Parties from:
a. all claims and demands resulting from any accident, damage, death or injury occurring at the Site/s or any other area used by
the Permit Holder in connection with this Permit; and
b. all loss, cost, damage, liability or other detriment (whether direct or consequential) suffered or incurred by the Permit Holder,
In connection with the Permit Holder's occupation and use of the Site/s or other areas used in connection with this Permit or the
cancellation, amendment or suspension of the Permit, except to the extent caused or contributed to by the negligence of DELWP.
2.3
References in this clause 2.2 to the Permit Holder, DELWP and the Other Relevant Parties include their respective officers,
employees, agents, contractors, subcontractors, invitees and their successors and assigns.
3.
INDEMNITY
3.1
The Permit Holder indemnifies and agrees to keep indemnified DELWP and Other Relevant Parties against all actions, claims,
demands, losses, damages, costs and expenses (whether direct or consequential) for which any of DELWP I or Other
Relevant Parties is or may be or become liable concerning or in connection with:
a. the default of the Permit Holder under this Permit;
b. the Permit Holder's use of the Site/s or any other area used by the Permit Holder in connection with this Permit;
c. loss, damage, or injury to property or persons caused or contributed by the Permit Holder's act, omission, default or
negligence,
except to the extent caused or contributed to by the negligence of DELWP.
3.2
References in clause 3.1 to the Permit Holder, DELWP and the Other Relevant Parties include their respective officers,
employees, agents, contractors, subcontractors and invitees.
3.3
Clause 3.1 and 3.2 are intended to operate for the benefit of DEPI and the Other Relevant Parties. However, if required by
DELWP or the Other Relevant Parties at any time after the execution of this Permit, the Permit Holder will enter into a
separate deed of indemnity or release – which is applicable with the Other Relevant Parties in substantially the same terms as
Clause 3.1 and 3.2.
13. PAYMENT
The fee for a Marine Mammal Tour Permit are specified under the Wildlife (Marine Mammals) Regulations 2009.
The fees below are applicable from 1 July 2015 to 30 June 2016.
1 year permit
3 year permit
Whale watching tour permit (aircraft)
$340.00
$1020.00
Whale watching tour permit (vessel)
$285.60
$856.80
Seal tour permit
$285.60
$856.80
Total amount payable
Applications for permits greater than 3 years will be considered, however, please note that permits will only be issued up to 30 June
2019.
Payment Method
 Cheque (payable to the Department of Environment, Land, Planning & Environment. Note: any dishonoured cheques will incur a
fee of $110.00.
 Electronic funds transfer (EFT) available upon request.
TAX INVOICE
DEPARTMENT OF ENVIRONMENT, LAND, PLANNING & ENVIRONMENT
ABN 90 719 052 204
PO BOX 500 MELBOURNE VIC 8002
Please retain a full copy of your application and upon full payment, this will become your TAX INVOICE. No further invoice will be
issued.
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14. DECLARATION BY APPLICANT
“I hereby consent to the collection, use and disclosure of my personal information for the purposes described in Section 10 by the
Department of Environment, Land, Water and Planning and that all details provided by me are true and correct. I understand that
there are penalties for making a false declaration and that any Permit issued as a result of a false declaration will be cancelled, and
may affect my eligibility for this or other marine mammal tour permits, I have read, understood and accept the permit conditions as
set out in Section 11 and insurance requirements as specified in Section 12. I declare that upon being granted a permit I will comply
with the conditions of the permit.”
Signature of applicant
Date
15. CHECKLIST (Please ensure that your application is complete to reduce assessment and processing times)
1.
Applicant details
2.
A brief statement outlining the proposed activities you wish to undertake under this permit
3.
Signed the declaration in section14
4.
Attached a copy of current public liability insurance providing not less than $20 million coverage, which includes
coverage for risks arising from the operation of relevant watercraft?
5.
Attached copies of Certificates of competency for the nominated master and crew of vessel appropriate to the
vessel class, length and the proposed operational area of your tours
6.
Attached a copy of current certificate of survey for the nominated vessel
7.
Indicated preferred payment method/enclosed a cheque for the correct fee
8.
Retained a copy of this application as a tax invoice
(Please tick)
Completed applications should be sent to:
Regulation and Approvals
Department of Environment, Land, Water & Planning
PO Box 500
Melbourne VIC 8002
Additional Information
Any commercial tours that wish to approach closer than the prescribed minimum approach distances, must be licensed. This includes
seal tours conducted in the vicinity of a ‘recognised’ seal breeding colony .
Permits are not transferable - if your permit is approved, you cannot give, sell or otherwise assign a permit to another person,
company or association, whether for cost or for free. This also applies if you sell, or change of control of your business. For more
information on Marine Mammal Tour Permits, please visit the DELWP website www.delwp.vic.gov.au.
All commercial tourism activities on Crown Land (including Port Phillip Bay and state coastal waters) are required to have a Tour
Operator Licence. For more information visit the Parks Victoria website at www.parks.vic.gov.au.
Accessibility
If you would like to receive this publication in an alternative format, please contact DELWP on 136 186 or email
customer.service@delwp.vic.gov.au. You can also contact DELWP via the National Relay Service on 133 677 or www.relayservice.com.au
This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw
of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence
which may arise from you relying on any information in this publication.
Privacy and Data Protection Act 2014
The Department of Environment, Land, Water and Planning (DELWP) is committed to protecting personal information provided by you in
accordance with the principles of the Victorian privacy laws. The information you provide will be used to monitor compliance with
licence conditions and to provide information about any changes to legislative requirements. Your contact details may also be used by
DELWP or its contracted service providers under confidentiality agreements to survey you about your experience with DELWP or to seek
feedback related the keeping of wildlife. A licence may not be issued if the information required is not provided.
The information you provide will also be made available to any authorised law enforcement agency.
You may access the information you have provided to DELWP by contacting the Privacy Coordinator on (03) 9637 8697.
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