Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p143
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 408422–411353

roads, facilities, or improvements owned by the Director or controlled by the Director);

       (o)      after consultation with and having regard to the views of the Council, and subject to the Management Plan, to implement a licensing and induction scheme for tour operators and other persons carrying on commercial activities in the Park;

       (p)      subject to the Management Plan and the EPBC Act to use the Director's best endeavours to collect rents, entrance and other charges and ensure such moneys are properly accounted for on an audited basis;

       (q)      provide funding to 'the Council for the purpose of fulfilling Community liaison functions in accordance with, and subject to satisfactory performance against, terms and conditions to be agreed between the Director and the Council, including (but not limited to) the functions, funding and reporting to the Board of Management; and

       (r)        assist with a business case and seek funding for the construction of a cultural centre and consult closely with the Council in the planning and design of the centre

    The Director further covenants that, subject to the management plan, and taking into account the Director's duties under the Commonwealth Authorities and Companies Act 1997 (or any Act that amends or replaced that Act) and any relevant policies and guidelines of the Commonwealth Government relating to the procurement of goods and services, the Director will:

      (a)      contract out appropriate services in and in relation to the Park;

      (b)      give preference to the Council, its wholly owned company, Wreck Bay Enterprises Ltd, or another company wholly owned by the Council, for contracts to provide such services in and in relation to the Park,

    and will encourage and support the Director's staff to implement this sub-clause 10.2.

    11.             DISPOSAL OF PARK PROPERTY AND EQUIPMENT

    11.1         In this clause:

    property or equipment means property or equipment of the Director that is used in the operation or management of the Park that the Director and the Council agree this clause will apply to; and

    Community purchaser means the Council, or either a company wholly owned by the Council or a member of the Wreck Bay Community as nominated by the Council.

    11.2         This clause is subject to the Director's obligations under the EPBC Act, Commonwealth Authorities and Companies Act 1997 and any other relevant laws of the Commonwealth.

    11.3         Before the Director disposes of any plant or equipment the Director will give a Community purchaser the opportunity to purchase the item, and the following paragraphs will apply:

       (a)      the Director will give a written notice to the Council offering to sell the item to a Community purchaser for a fair market value specified in the notice;

       (b)      the offer may be accepted by a Community purchaser