- The Australia Day Lit Vessels Program 2020 (“the Program”) is to be held on Sunday 26 January 2020 between 19.00 and 21.45 inclusive of the Australia Day Live broadcast.
2. Exclusive area and procession course
- The exclusive area (“Managed Area”) is defined to the north of Sydney Cove and south of the Transit Zone managed by Maritime (Transport for NSW). The area will be marked with special buoys and extends from the fixed red beacon north of Hickson Road Reserve (33°51.293’S 151°12.616’E), along the western shore to the Harbour Bridge, below the bridge to the middle diamond of the Sydney Harbour Bridge (33°51.139’S 151°12.656’E). From the middle diamond this extends in an easterly direction (103°T) for 0.3NM (33°51.236’S 151°13.054’E. The area borders to the south to the fixed red beacon north of the Sydney Opera House (33°51.351’S 15112.928’E). There will be no buoys marking the area line between the red beacon north of the Sydney Opera House and the original red beacon north of Hickson Road Reserve. A map of the area will be sent to participants via email to the nominated contact and Master.
- The procession course for pieces that require a lap of Circular Quay (“Procession Course”) will be in Sydney Cove. Details of the Procession Course will be notified to participants at the Captains Briefing (see clause 4) and via email to the nominated contact.
- The Australia Day Council of NSW (“ADCNSW”) reserves the right to alter the Managed Area and the Procession Course at any time and at its absolute discretion.
- To participate in the Program, the individual who is to be the responsible vessel operator during the Program (“Master”) must register and accept these terms and conditions by 12.00pm, 24 January 2020, by completing and submitting the registration form on this website. The Master will need to specify the vessel to be entered in the Program (“Participating Vessel”).
- A briefing for Masters will be held at Roads and Maritime Services, 33 James Craig Road, Rozelle on Tuesday 21 January 2020 at 5.30pm. Attendance by the Master is compulsory, and attendance by crew and other persons who are to be present on the Participating Vessel during the Program (“Participants”) is encouraged. If a Master is unable to attend, ADCNSW will nominate an alternative method of briefing at its discretion.
5. Safety and insurance
- It is the responsibility of each Master to assess what safety standards and insurance arrangements are necessary and appropriate for the Participating Vessel for the Program. It is the responsibility of the Master to ensure that such arrangements are put in place.
- All expenses associated with the Participating Vessel’s participation in the Program are the responsibility of the Master/Owner unless agreed upon in writing between ADCNSW and the Master/Owner.
7. Program rules
- The Master must comply with, and ensure that all passengers comply with, any direction given by an employee of NSW Roads and Maritime Services or a Boating Safety Officer.
- The Master must comply with advice given by the Program Director, unless it is unsafe to do so (as outlined in Clause 9).
- The Program will have a maximum speed of 4 knots. Participating Vessels must not exceed this speed.
- Masters and Participants must not interfere in any way with another Participating Vessel.
- Participating Vessels agree to display Australia Day or Australia Day Sponsors' signage, banners or related materials that are supplied by ADCNSW.
- Without written approval of ADCNSW, Participating Vessels must not display images or signage which contain:
- logos or branding of a commercial nature; or
- material unsuitable for a family event, including material which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.
- Master and passengers must not engage in behaviour which is unsuitable for a family event including behaviour which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.
8. Promotional activities
- The Master of the Participating Vessel agrees to participate and cooperate as may be reasonably required by the ADCNSW in activities relating to the promotion of the Australia Day Program including, but not limited to, participating in interviews, and being filmed and photographed, on the day of the Program.
- The Master grants the State of New South Wales the right to use (and to allow others to use) the Master’s name and likeness and the Participating Vessel’s name and image for promotion and advertising purposes, including to promote and advertise the Program, Australia Day or generally; and Sydney, the State of NSW and Australia as tourist destinations; and NSW Government and its role in events and the events industry.
9. Compliance with NSW maritime safety legislation
- The Master must comply with, and ensure that all passengers comply with, all relevant laws in operation in the State of New South Wales, including, without limitation, all laws contained in:
- Marine Safety Act 1998;
- Martine Safety Regulation 2016 (“the Regulations”); and
- International Regulations for Preventing Collisions at Sea as adopted and modified by the Regulations to include NSW Special Rules.
- The Master is reminded that under New South Wales law:
- it is an offence:
- i. to operate a vessel (including to be towed by a vessel, to act as an observer on a vessel of any person being towed by the vessel or supervise a juvenile operator of a motor vessel) under the influence of alcohol or any other drug,
- ii. to operate an unsafe vessel,
- iii. to operate a vessel negligently, recklessly or at a speed or in a manner dangerous to the public, or
- iv. to operate or make other use of a vessel in a manner that interferes unreasonably with the lawful use of those waters by other persons;
- the operator of a sailing vessel must keep out of the way of, and a safe distance from, a vessel displaying an orange diamond (including Manly, First Fleet and Lady Class ferries);
- the operator of a vessel must ensure the vessel carries the safety equipment specified in Schedule 8 of the Regulations.
- it is an offence:
- The Master is further reminded of the terms of Schedule 6 of the Regulations (requirements relating to Sydney Cove).
- Nothing in these Terms and Conditions shall exonerate any Participating Vessel, or the Owner, Master or crew thereof, from the consequences of any neglect to comply with relevant laws or of the neglect of any precaution which may be required by the ordinary practice of seamen, or the special circumstances of the case.
- In construing and complying with these Terms and Conditions, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Terms and Conditions necessary to avoid immediate danger.
10. Warranties, indemnity and release
- The Master warrants that:
- the Master has considered what insurance arrangements (including with respect to the Participating Vessel, the Master, Participants and third parties) are necessary and appropriate for the Program and has made such arrangements as are appropriate;
- the Participating Vessel carries and will carry during the Program, the minimum safety equipment specified in Schedule 8 of the Regulation and that such safety equipment complies with the minimum standards for safety equipment set out in Schedule 7 of the Regulation;
- if the Master is not the Owner, the Owner has given written permission for the Participating Vessel to be entered in the Program;
- prior to the Program the Master will obtain from each Participant on the Master’s vessel permission (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for the purposes and in the ways set out in clause 8 (Promotional Activities); and
- in Participating in the Program the Master will comply with, and ensure all Participants comply with:
- all relevant laws in operation in the State of New South Wales; and
- these Terms and Conditions, including the Program Rules.
- Except for any liability that cannot be excluded by law, the State of New South Wales (including, but not limited to, any officer, employee, contractor or agent of the State of New South Wales) excludes all liability (including negligence, and whether advised or aware of the possibility of that liability), for any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or connected to the Program, including, but not limited to, where arising out of:
- any technical difficulties or equipment malfunction;
- any collision, including a collision of any Participating Vessel into any other vessel, obstruction, land or object;
- any weather related event;
- any tax liability incurred by any winner or participant;
- any unauthorised use of images, including images of the Participating Vessel, Master, Participant or material subject to copyright; and
- any variation of these terms and conditions.
- The Master must indemnify and keep indemnified the State of New South Wales and any manifestations of the State of New South Wales, including, but not limited to, the ADCNSW, the Department of Premier and Cabinet, NSW Roads and Maritime Services and their officers, employees and contractors (“those indemnified”) from and against all proceedings, actions, claims, suits, demands, losses, costs including legal costs, expenses and damages which may be brought by any Participant on the Master’s vessel against any of those indemnified as a result of:
- any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential; and
- any infringement or alleged infringement of an intellectual property right (including copyright and moral rights), arising in any way out of or connected to the Program.
- A participation fee (“Fee”) will apply for access to the Lit Vessels Program and the Australia Day Managed Area. The Fee is applied to each vessel and is calculated by the following:
Maximum Passengers as listed on Certificate of Survey x $2.00 including GST = Participation Fee
- In consideration for the Fee the Council grants access to the Managed Area and participation in the Program to the Participating Vessel as set out in this Agreement.
- An invoice will be issued after registration. The company/organisation specified upon registration into the Lit Vessels Program for the Participating Vessel (“Company”) agrees to pay the Fee, including GST, within 30 days of the invoice date.
- ADCNSW will provide the Company with a tax invoice at least 21 days prior to the date that the Fee is due.
- Other than where expressly stated in these Terms and Conditions, all taxes, duties, charges, licence fees, consents and approvals imposed or levied in connection with the Participating Vessel’s participation in the Program will be paid by the Company.
- For the purposes of this clause (GST), a term or expression that is defined in the GST Act has the same meaning as in the GST Act.
- Amounts payable under this Agreement are inclusive of GST unless otherwise stated.
- Any invoice rendered by a party that includes a GST Amount must conform with the requirements for a tax invoice as set out under the GST Act.
- The Company must be registered for the purposes of GST for the duration of this Agreement.