l*\ j t \**/

DEWNR 5710686

Government of South,Australia
Department of Errvironrncnt, Water and Natural Rcsources
Governance & Legal
Level 9 Chesser House 91-97 Grenfell Street Adelaide SA 5000

Date:1\ z

\r+-

GPO Box 1047 Adelaide SA 5001

Australia DX1 38

Ph:
Mr Steven Griffiths MP Member for Goyder 51 Robert Street MAITLAND SA 5573

Fax:

+61 8 8463 3497 +61 8204 5321

www. environment. sa. g ov.

Dear Mr Griffiths RE: FREEDOM OF INFORMATION APPLICATION

I refer to your application pursuant to the Freedom of lnformation Act 1991 (the Act) received by the Department of Environment, Water and Natural Resources (DEWNR) on 6 December 2013, seeking access to:

"A copy of all signed and agreed funding agreements, contracts or documentation related to any other money allocated via sponsorship or donation to the peak body representing recreational anglers in South Australia under the name SARFAC or RecFish SA and the Department of Environment, Water and Natural resources or any monies that the Department of Environment, Water and Natural Resources have assisfed this organisation since 1 January 2010 to 30 November 2013."
I apologise for the delay in responding to your request.

DETERMINATION Searches of the Department's records have found that there are 3 documents held by this agency within scope of your request as listed in the attached schedule.

As a DEWNR Accredited FOI Officer, I have determined to grant yo'u full access to documents 1 and 3 and partial access to document 2. Document 2 contains the bank
account details of RecFish SA, and as agreed in a telephone conversation with Ms Holly Simmons of your Office on 6 February 2014, this information has been redacted.
There is no charge for processing this application. YOUR APPEAL RIGHTS

lf you are dissatisfied with this determination, you are entitled to exercise your rights to
internal review and appeal as outlined in the attached documentation, by completing the attached Application for Review of Determination. lf you decide to apply to exercise your rights to review, the completed form must be returned within 30 days to:

Chief Executive Department of Environment, Water and Natural Resources GPO Box 1047 ADELAIDE SA 5OO1

lf you have any queries in relation to the above please contact me on telephone 8463 3497
or email Maria.Toscano@sa.gov.au. Yours sincerely

CllW,-.-'Mia Toscano ACCREDITED FREEDOM OF INFORMATION OFFICER DEPARTMENT OF ENVIRONMENT, WATER AND NATURAL RESOURCES

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Emmett, Jon (DEWNR)
From: Sent: To:
Cc:

Subject:

Gary Flack <eo@sarfac.com > Wednesday, l August, 2012 B:37 AM Emmett, Jon (DEWNR) Burnell, Andrew (DEWNR); Thomas, Chris (DEWNR) Re: Quick Meeting Summary

Thanks Andy and Jon, much appreciated. I have passed onto RecFish SA Executive members for comment Gary On31/0712012, at 4:45 PM, Emmett, Jon (DEWNR) wrote:

Gary, thanks for your time this afternoon.

Just to conflrm, the next key task is to cost RecFishSA's involvement in ihe following aciivities/events and prepare a proposal to cover the funding.
1) RecFishSA (Gary or other nominee) to attend priority Adelaide and regional information sessions - travel and accommodation costs - materials/resources you wish to develop / print

2) RecFishSA marine parks information evening for Marine Retailers

- by invitation only, all marine retailers (SAFTA, AAA, BIASA members, angling magazines, bait suppliers, boat retailers etc). Potentially 100 people. - evening event, nice venue, catered. - possibility of Minister's attendance, subject to his availability - cost of venue, catering, organising, invitations etc 3) RecFishSA stand at 4WD and Adventure Show, supported by marine parks staff/information - good opportunity close to end of public review process to encourage public input - costs of 6m x 3m space - costs of resource materials, organisation etc lf you think of another activity or event you would like to suggest, Andy and I would be happy to help scope it,
Happy to look over a funding proposal and provide suggestions too.

Thanks Gary
Regards

Andy and Jon

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Marine House M*rphett Street ADEIAIDE SA 5OOO A8N{ 5S 697 409 S93
DfWNR GFO Bsx 1047 *.DELATSI SA 5000

RecFish 54, - OEWruR Marine Fark lndustry Engagement

DAT DESCR{PTIO}I

UNIT

RATE

Ai'r{OUNT 5?t|,30 570.30

Pre-events

.lasper l,llotel Jaspsr MDtel Jasper tuIotel Royal Coeclr lviotel

t.00
1.00 1.0c 1.00
1.0t)

7il.:0
70.t0
14?-.00
?

q? tq

$14?.fl* 515 /.J5

c1:C nn s480^00
) r,) /o.ou $1SB o0
599.CrO

Fietd 9sys Hackney Event

floyalCnach tuloiel Itenrnark Hctel

135.00
480.0CI

lnn 1,00

llotel ir.aorl, catering eic charg*:) Ror/alCoach M*tel

t"lackney

1,3:6.0
1e8.C0

i.*0
.r.00 1.00

Eaat & Camping Show Office Charges

Roy;:lCoach Motnl Tha n k1,qlu gifis t* Assistat'ils iiici'.vers, chac*latesl Rcyal Ccach fuiotel

$s 00

ol

50

581. s0
55.10"C0

5ite Charge
Extra enlry iickel tre lepl'rone & lntern*l

1.00 1.00

54t},00 1,703.30

51,:C8.30
$20.00
$r.,ooo"oo

I-00
1"{10

?c.il0
r",0CI0.00

5tatiortery vent Caodinating Everrl Assisuinct Breilt0n {7.5 hours 6: t.it.ft-'ri Garv (207 horirs S $40.50] Su pe rEnn ual i ofi
tuliieag* i4,510 irms

100
1.00 7.50 2C7.00

28!l iirl 10,195.79

40.50
.:E,I n
R1 arn

80c)

L.00' d,5:o.00
r".00

5?89.0C $10,1Ss.7$ s303.?5 $8,383.50 5754.52 $3,6r"ri.00

Miscellaneau: fxpenses

Stolagi: llox clt','rhr:cls Site ite.]r! {fckiing lahle, ch;irs elci

Pcln Piirs iclothing) Site prornotional iii:rns lb;:nlrei"s, table throw etc)

s9.00

$sg.to
>

00 r nfi
.1

1q( i(

l5:.x)

Alt

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5fi15.23

1.00

2,:i.34.0c

i:,13'-{.00
$32;s64.99

TOTAL

DATED

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Standard Contract Terms and eonditions:

$irnp'le Senvlces Agreement
{One-off purchase}

BETWEEN

MtNtsTER FOR SUSTAI NABILITY, ENVIRONMENT AND CONSERVATION

("Principal')

..A,ND.

SOUTH AUSTRALIAN RECREATIONAL FISHING ADVISORY COUNGIL tTAdiNg

REGFISH SA

AS

("Contractor")

286e61CJS/3543634-1

Page

1.

2.
J,

4-

5.
6.

7.
B.

CONTRACTCIR PERSONNEL

,.................... 6

9.

10.

11.
12.
13.

14.
15.

16.

17.
18. 19.

20.

21.

22.

SCHEDULE
ANN EXU RE .-Special,Gonditions

SPB Standard Contract - Supply of Sewices (simple, one-off)

?86s61 CJSR543634.1

Jufy 2012

Page 2 .LD

AGREEMENT daied l-tc""oLday

of

20.12

PARIES

MINISTER FOR SUSTAINABILITY. ENVIRONMENT AND CON.SERVATION a body corporate constituted pursuant lo'lhe Administrative Arrangements Acl 1994 of 91-97 Grenfell Street, Adelaide, South Australia 5000 ("Principal") AND

THE PERSON/S DESCRIBED lN ITEM 2 OF THE SGHEDULE ("Contractor") IT IS AGREED

1.

DEFINITION$

1.1 1.2 1.3

"Agreemenf' rneans this Agreement between the parties as described

clause 2.2;

in

"Business Day" means any day that is not a Saturday or Sunday or a public
holiday in South Australia;

"Cartel Conducf' means conduct by two or more parties who are competitors (or would be but for the conduct) who enter into a contract, arrangement or understanding that involves price fixing, output restrictions, allocating customers, suppliers or territories, or bid-rigging, as defined in s44ZZRD of the Competition and Consunrer Act 2010; "Gommencement Date" means tlre date specified in ltem 4 of the Schedule;

1.4 1.5 1.6 1.7 1.8 1.9

1.10 1.11 1.12

"Completion Date" means the date specified in ltem 5 of the Schedule; "Confidential lnformation" means information which is identified either as confidential information (if disclosed by the Principal) or proprietary information (if disclosed by the Coniractor), but does not include this Agreement; uCrown" means the Crown in right in the State of South Australia; "Declaration in Relation to Untawful Coltusionn means a detlaration in relation to unlawful collusion submitted by the Contractor to the Principal in the
procurement process preceding this Agreement;

"Deliverables" means the reports and any data or other material specified in the Schedule required to be delivered throughout the performance of the Services;
"GST Law" has the meaning aitributed in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); "GST Rate" has the meaning aftributed in the GST Law;

"lntellectual Property Rights" means all intellectual property rights, including:

SPB Standard Contract - Supphf of Services (simple, one-off)

Juty 2012

2B6S61CJS/3tr3634.1

Page 3

1-12.1 patents, plani breeders' rights, copyright, rights in circuit

layouts,

registered designs, trade marks, know-how and any right to have Confidential lnformation kept confidential; and

1.12.2

any application or right to apply for registration of any of ihe righis referred to in subclause 1.12.'1,

but for the avoidance of doubt excludes moral rights and performers' rights;

1.13 1.14 1.15 1.16 1.17 1.18

"Personnel" means any subcontractors, employees, agents and any other person employed or engaged by the Contractor to perform this Agreement, and includes the Contractor's Representative, "Prices" means the prices set out in or determined in accordance with ltem 7 of the Schedule; "Review Date" means ihe daie specified in ltem 6 of the Schedule. "Services" means the services specified in the Schedule and inch-rdes the
Deliverables,

"Taxable Supply" has the meaning attributed in the GST Law; and "Tax lnvoice" has the meaning attributed in the GST Law.

INTERPRETATION

2.1

ln this Agreement (unless the context requires otherwise):

2.1.1

A reference to any legislation includes:

(a) (b) 2.1.2 2.1.3 2.1.4

All legislation, regulations, proclamations, ordinances, by-laws and instruments issued under that legislation; and Any modification, consolidation, amendment, re-enactment or substitution of ihat legislation;

the clause headings are for convenient reference only and do not form part of this Agreement; a reference to a clause number is a reference to all its subclauses; a reference to a clause, subclause, schedule or attachrnent is a reference to a clause, subclause, schedule or attachmeni of this Agreement;

includes the singular;

2.1.6 2,1.7 2.1.8 2.1.9

a word inrporting a gender includes any other gender;

a reference to lwo or more persons means all of them together; a reference to persons includes corporations, unincorporated associations, partnerships, trusts and joint ventures; a reference to legislation includes legislation repealing, replacing or amending that legislation;

SPB Standard Contract - Supply of Services (simple, one-off)

2B6t)6 1 CJSA543634.
1

Juty 2012

Page 4

2.1

.10

a reference to dollars is a reference to Ausiralian dollars; where a word or phrase is given a particular meaning oiher parls of speech or grammatical forms of that word or phrase have corresponding meanings; to a party includes thai party's administrators, successors and permitted assigns;

2.1.11

2.1.12 a reference 2.1.13

where the day on or by which something is to be done is not a Business Day, that thing may be done on or by ihe next Business
Day;

Z.Z

This Agreement between the parties comprises these standard terms and conditions and allthe documents comprised in, and incorporated by reference to, the Annexure. If any of the documents comprising this Agreement are inconsistent, they shalliake priority in the following order:

2.2.1 2.2.2 2.2.3 3

TERM

the agency specific terms and conditions (if any) in the Annexure; these staridard terms and conditions (excluding the Schedule); and

ihe Schedr-rle (other than references to the Annexure)-

3.1

Subject to clause 3.2, the Contracior must commence the Services by the Commencemeni Date and complete the Services by the Compleiion Date ("Term"). The Completion Date may be extended by written agreement between the parties. Unless oiherwise agreed in writing, the parties' Representatives must meet on or within [10] Business Days of the Review Date to review the Agreement and, having regard to the purposes and objectives of the Agreement as set out in clauses 1 and 2 of the Annexure and the performance of the Agreemeni by the parties prior to the Review Date, to agree whether the Agreement will:

3.2 '

3.2.1 3.2.2 3.2.3 3.3 3.4 3.5

continue in force for the remainder of the Term in accordance with its
provisions; be varied as agreed between the parties; or

terminate prior to the expiry of the Term'

Any variations to, or early iermination of, this Agreement agreed under clause 3.2.2 or clause 3.2.3 will be subject to clause 21.7. lf the parties are unable to reach an agreement under clause 3.2, this Agreement will continue in effect ior the remainder of the Ternr in accordance with its Provisions. Nothing in this clause 3 derogates from any other right of termination conferred on either party by law or under this Agreement.

SPB Slandard Contract - Supply of Services (simpte, one-off)

286361 CJS/3543634.1

July 2012

Page 5

4.

COhITRACT ADMINISTRATION

4.1

Each party nominates as its Representative the person designated in the Schedule, and confirms that its Representative has authority to:

4.1.1 4.1.2 4.2 5.

exercise all of the powers and functions of his or her pariy under this Agreement other than the power to amend this Agreement; and bind his or her party in relation to any matter arising out of or in connection with this Agreement.

Either party may change its Representative, by giving written notice to the other party.

SERVICES

5.1 5.2 5.3 5.4 5.5 5.6

The Contractor must provide the Services described in ltem 3 of the Schedule ("Services") in accordance with the terms and conditions of this Agreement. The Principal must provide such information and assistance described in ltenr 3 of the Schedule as is required to enable the Contractor to provide the Services. The Principal may at any time give written notice to the Contractor proposing a variation ("Variation Proposal") to the scope of the Services ("Varied Services"). The Principal and the Contractor must negotiate in good faith to agree in writing the price for the Varied Services as contained in the Principal's Variation Proposal.
The Variation Proposal does not take effect unless and until the parties reach
a written agreement as contemplated in clause 5.4, and the Contractor must

still perform the Services as required under this Agreement. The Contracior must use its best efforts to perform the Services in the nrost cost effective manner consistent with the required level of quality and performance.

6.

THE DELIVERABLES

6.1 6.2 7.

lf the Contractor is to provide Deliverables then the details of the Deliverables (if any) set oui in tlre Schedule including the delivery dates and the form and content requirements, must be complied with by the Contractor.

Title in the Deliverables will vest in the Principal on their delivery to the
Principal.

WARRANTY
The Contractor warrants that the Services will:

7.1 7.2 7.3

comply with the descripiion of ihe Services in the Schedule; be provided with due care and skill; be supplied without infringing any person's lntellectual Property Rights; and

SPB Standarrl Contracl - Supply of Services (sirnple, 286961CJSrus43634.

I

one-off)

July 2012

Page 6

7.4 B.

be performed by the Contractor and/or its nominated Personnel.

CONTRACTOR PERSONNEL

8.1

The Coniractor tnust ensure that when supplying the Services:

8.1.1 8.1.2 8.2

it will use adequate numbers of qualified individuals with suitable training, education, experience and skill to perform the Services;

Personnei observe and comply with the provisions of this Agreement.

The Contractor, if required by the Principal, must give its consent to ihe conduct of a police check or any other enquiry and the Contracior, if required by the Principal, must procure the consent of Personnel to the conduct of a police check or any other enquiry.
lf the Principal gives ihe Contractor notice in writing requiring any one or more of the Personnel io be withdrawn from providing the Services, the Contractor musi immediately compty with the notice and provide replacements accepiable to the Principal. lf the Contractor fails to comply with that notice then the Principal nray terminate this Agreement immediately by written notice

8.3

to the Contractor.

8.4 8.5

The Principal reserves the right to refuse entry onto any of the Principal's premises to any Personnel. The Contractor represents thai it:

8.5.1

enters into this Agreement after having carried out its own diligent investigations into all rnatters relating to the provision of the Services, not relying on any representations made by the Principal, its agents or employees; and
is fully informed in respect of its obligations under this Agreentent.

8.5.2 9.

INTELLECTUAL PROPERTY RIGHTS

9.1

This clause 9.1 contains two options; (A) and (B); only the option that is selected ln ltem 9 of ihe Schedule applies io this Agreement. Where no option is selected in ltem I of the Schedule, only option (A) applies to this Agreement.

(A)

9.1.1

The Crown will own all lntellectual Property Rights in any thing that is delivered to the Principal or oihenrvise produced in the course of the provision of the Services (including without limitation, Deliverables specified in ltem 3 of the Schedule).

(B)

5.1.2

Subject to clause 9.1.3, all lntellectual Property Rights created in anything ihat is delivered to the Principat or otherwise produced in the course of the provision of the Services (including without limitation, Detiverables specified in ltem 3 of the Schedule) vests in and remains with the Contractor.
July 2012

SPB Standard Contract - Supply of Services (simple, one'ofO

286S61 CJSi3543634.1

Page 7

9.1.3 g.Z

The Contractor grants to the Principal and the Cror,vn, a perpetual, irrevocable, royalty free, fee free licence to use. copy. modify and adapt the lntellectual Property Rights in anytl-ring tnai is described in clause 9.1.2.

Each party may use the other party's name, brands and logos on a nonexclusive, royaliy-free basis without any right to sub-licence ihe other party's name, brands and logos and onlY:

9.2.1 9.2.2

for the purposes of this Agreement; and with the prior written consent of the other pafty, which consent must not be unreasonably withheld and which may be given on a standing
basis.

10.

CONFIDENTIALINFORMATION

10.1
10.2

Subject to this clause 10, neither party may disclose any Confidential lnformation of the other party except as genuinely and necessarily required for

the purpose of this Agreement. Neither party rnay disclose any Confidential lnformation of the other party
except:

10.2.1 to an employee, agent or adviser

and confidential basis;

of that party, on a "need to know"

10.2.2 to the Australian Competition and Consumer Commission (ACCC)

if

the Principal reasonably suspects, or is notified by the ACGC that it reasonably suspects, that there is Cartel Conduct or unlawful collusion in connection with the supply of Goods or Services under this Agreement;

10.2.3

as required by law or a court order;

any parliamentary or constitutional convention, or

10.2.4 in accordance with

10.2.5 for the purposes of prosecuting or defending proceedings.

11.

PRICE AND PAYMENT

11.2 11.3 11.4

SLrbject to clause 12, the Prices include all taxes, duties or government charges imposed or levied in Australia or overseas in connection with this Agreement.

The Prices include all costs of compliance with the Contractor's obligations under this Agreement. No other costs or expenses are payable by the
Principal.

The Contractor is entiiled to invoice the Principal for payment in respect of a Service, orrly on a monthly basis, when the Service has been provided. rendered, but not otherwise. An invoice is properly rendered if it:

11.5 The Principal must pay on a Contractor's invoice if the invoice is properly
SPB Standard Contract - Supply oi Services (simple,
2B6S]6
1

one-off)

July 2012

CJS13543634

Page

11

.5.1

is issued in ,.=p""t of Services for which the Contractor is eniiiled to invoice under this Agreement; reflects the correct price for the Services under this Agreement; is a valid Tax Invoice within the meaning of the GST Law; and

11.5.2
11

.5.3

11.5.4 complies with any other requirements stipulated in the Schedule.

12

GST

12.1

The Contractor represents ihat:

12.1.1

it is registered under the A New Tax System (Australian Business Number) Act 1999 (Cth), and that the ABN shown in ltem 2 of the Schedule is the Contractor's ABN; and it is registered under the GST Law.

12.1.2

12.2

lf the Prices in ltem 7 of the Schedule are expressed as being GST exclusive and the supply for.which payment is claimed is a Taxable Supply then, in addition io any amount payable by the Principal by reference to the price (the "base consideration"), the Principal must pay to the Contractor, an additional amount of consideraiion ("GST consideration") for the Taxable Supply calculated by muliiplying the GST Rate by the base consideration. The GST consideration is payable at the same time and subject to the same conditions as the base consideration. ln this Agreement, "Taxable Supply", and "GST Rate" have the meaning attributed to it'in the GST Law.

13.

INSURANCE

13.1 13.2

The Contractor musi effeci and maintain all insurance policies set out in ltem of the Schedule. The insurance policies set out in ltem B of the Schedule must:

13.2.1 if required as indicated in ltem 8 of the Schedule, note the

the Principal; and

interest of

13.2.2

be with insurers satisfaciory to the Principal.

13.3

The policies referred to in ltem B of the Schedule must be in thb name of ihe Contractor and must cover the Contractor and all subcontractors for their respective rights, interests and liabilities. Before supplying Services under this Agreement, the Contractor must provide the Principal with insurance certificates of currency for the insurances required under this clause. At any time during the Term, the Principal may require the Contractor to provide proof that the policies of insurance have been effected and maintained. The Principal, in specifying levels of insurance in this Agreement accepis no liability for the completeness of their listing, the adequacy of the sum insured, limit of liability, scope of coverage, conditions or exclutsions of those

13.4

13.5

SPB Standard Contract - Supply of Services (simple, one-off1 28696'tCJS/3543634.1

July 2O12

Page

insurances in respect damage or liabilitY.

of how they may or may not respond to any loss,

13.6 The Contractor acknowledges

and agrees that it is the Coniractor's responsibility to assess and consider the risks and scope of insurances required under this Agreement.

14.

INDEMNITY

14.1

The Contractor indemnifies and must keep indemnified the Principal and its employees from and against all costs, losses, damages, expenses (including legal expenses) or other liabilities suffered or incurred by the Principal or its employees arising out of or in respect of this Agreement as a consequence of:

14.1.1 any negligence, wrongful

the Contracior;

act or omission or breach of duty of or by

14.1.2 any breach by the contractor of any of the provisions

Agreement; or

of this

14.1.3 any breach of a warranty given

Agreement.

by the contractor under this

14.2

The Principal indemnifies and must keep indemnified the Contractor frorn and against all costs, losses, damages and expenses (including legal expenses).or oiher liabilities suffered or incuned by the Contractor arising as a direct result of the use of, or reliance by the Contractor on, documents or information supplied by or on behalf of the Principal to the Contractor for the purposes of enabling the Contractor to provide the Services 14.3 Each party's liability to inclernnify the other party under clauses 14.1 and 14-2 will be reduced proportionately to the extent that the loss or liability indemnified was contributed to by negligence or default by the other party.

14.4
15.

This clause will survive the termination of this Agreement.

TERMINATION

1S.1

The Principal may terminate this Agreement immediately upon giving notice in writing to the Contractor if:
15.1

.1

the Principal reasonably forms the opinion that the Contractor will be g atio ns p-u r:s-ua nt-lo this Ag reeme nt ; . u n a b"l e lo- p-e rja r-rn-its--obli
ancl has not rectified

15.1.2 the Contractor is in breach of this Agreement

such breach within 14 days of the Principalgiving notice in writing to the Contractor requiring the rectification of such breach, the Principal becomes aware that the Contractor is in breach of its statutoLy obligations with respect to its employees; the Contractor has submitted a Declaration in Relation to Unlawful Collusion which is found to be false in any particular; clause 8.3 aPPlies; or
Juiy 2012

15.1

.3 .4 .5

15.1

15.1

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2869S1 CJS/3443631,
1

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15.1.6 the Contiactor

suffers or, in the reasonable opinion of the Principal, is

in jeopardy of becoming subject to any form of insolvency

administration or bankrupicy.

15.2

The Contractor may terminate this Agreement immediately upon giving notice in writing io the Principal if:

15.2.1

any amendment, replacement or other change occurs in relation to the Marine Parks Act 2007 (SA) (Marine Parks Act) or any regulations or other delegated legislation made or issued under the Marine Parks Act, including bLrt noi limited lo the Marine Parks Regulations 2008 (SA) and the Marine Parks (Zoning) Regulations 2012 (SA);

15.2.2 any proclamation of a new marine park is made under the Marine
Parks Act;

15.2.3 15.2.4

any amendment to, replacement or making of a managemeni plan under the Marine Parks Act occurs; or any change occurs in relation to the Principal's policies and procedures wiih respect to marine parks, including the implementation of management plans, or otherwise in relaiion to the managernent of marine parks by the Principal or any other body on which the authority for such implementaiion and management is conferred,

which ihe Contractor determines in its absolute discretion to be unacceptable to the Contractor.

15.3 15.4

Any termination of this Agreement is without prejudice to any rights, remedies or aciions that one party may have against the other which may have arisen prior to the date of termination.
lf ihis Agreement is terminated the Principal will pay ihe Contracior for that part of the Services authorised by the Principal and delivered by the Contractor to the Principal's satisfaction prior to the date of termination.

16.

EFFECT OF EXPIRY OR TERMINATION OF THIS AGREEMENT

16.1
16.2

Any terminaiion of this Agreement does not affect any accrued right of either
party.

Despite iermination or completion of this Agreement, clauses 7, n, 10, 13, 14, 15, 15.2, 18, 19 and 21 survive.

17.

SUBCONTRACTING

17.1

The Contractor must not engage any sub-contractor wiihout approval of the Principal, which approval may be given at the Principal's entire discretion and subject to any conditions.remains responsible for obligaiions performed by subcontractors to the same extent as if such obligations were performed by the Contractor.

17.2 The Contractor

SPB Standard Contract - Supply of Services (simple, one-ofi)

286961 CJS/3543634.1

July 2012

Page

'11

18.

REMEDIES

18.1
18.2

Any claim the Principal may have against the Contractor may be set off against monies owed to the Contracior under this Agreernent. The rights and remedies provided uncler this Agreement are cumulative and not exclusive of any remedies provide by law or any other right or remedy.

19,

NO REPRESENTATIONS
To tlre maximum extent permitted by law, the Contactor acknowledges and agrees that no representation, warranty, guarantee or other statement, express or irnplied, was made or given to the Contractor by the Principal prior to entering into his Agreement as to any benefits which the Contractor might enjoy as a result of entering into this Agreement.

20.

NOTICES Any notice relating to this Agreement must be:

2A.1 20.2

in writing:

signed by the Representative of the sender or clirectly from their email address; and given to the other party:

20.3

20.3.1
2A.3.2

by hand delivery; by prepaid mail; or by facsimile or emailtransmission.

20.3.3

2A.4

For the purposes of delivery of notice:

2A.4.1 mail must be sent to the address

Schedule; and

of the recipient party set out in the

20.4.2

facsimile or email messages must be marl<ed for the attention of the person specified in the Schedule.

20-5

lf a party changes its contact details, then it must provide written notice to the other party within 5 Business Days.

20.6.1 20.6.2 20.6.3

if delivered before 5.00pm on a Business Day, otherwise on the next

Business Day;
if sent by pre-paid mail, on the third Business Day after posting; or if transmitted by facsimile before 5.00pm on a Business day and a complete transmission report is received on the day of transmission, otherwise on the next Business Day, provided that:

(a)

if the recipient receives by facsimile transmission a notice ihat is

illegible, tlre recipient nrust notify the sender immediately and

SPB Standard Conlracl - Supply of Services (sirnple,

28961 CJSr3543634.1

one-off)

July 2012

Page 12

the sender must continue to retransmit the notice until ihe recipient confirnrs that ii has received a legible notice; and

(b)

if transmitted by email before 5.00pm on a Business Day and the Sender receives a message-opened response, otherwise on the next Business Day, subject always to the sender received a message opened response.

21.

GENERAL

21,1

Compliance with Laws

Tlre Contractor mrist comply with the laws in force in the State in the performing its obligations under this Agreement. The Contractor undertakes to comply with all South Australian Government policies of which the Principal informs the Contractor which relate to the performance of the Contracior's obligations under this Agreemeni.

21.2

Governing Law

21.2.1 21.2.2

This Agreenrent is governed by the laws in tlre State of South Australia.

The court's of the State of South Australia have exclusive jurisdiction in connection with this Agreement.

21.3

Relationship Between the Parties

21.3.1 The pariies acknowlecige and agree that nothing in this Agreement:

(a) (b)

constitutes a partnership or joint venture of any kind between the parties; or constitutes any relationship of employer and employee or principal and ageni between ihe Principal and ihe Contractor or between the Principal and any employees, agents, subcontractors, members or volunteers of the Contractor.

21.3.2

No party has any authority to bind the other Party in any manner whatever except with the express approval by notice in writing of the other party.

21.4

No Waivers. by the Principal

21.4-1 The

Principal waives a right under this Agreement oniy by written noiice to that effect.

21.4.2

Nothing else done or omitted to be done by the Principal in relation to the Principal's rights under the Agreement will have the effect of a waiver.

21.5

Entire Agreement
This Agreement constitutes the entire agreement between the parties in respect of the matters dealt with in this Agreement and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in this Agreemeni.

21.6

hlo assignment
July 2012

SPB Standard Contract - Supply of Services (simple, one'offl 286961CJS/3543634.'l

Page 13

The Contractor must not assign or encumber any oi iis rights under ihis Agreement

21.7

Modification
No addition to or modification of any provision of this Agreement will be binding upon the parties rtnless made by written insirument signed by the parties.

21.8

Severance

21.8.1

Each word, phrase, sentence, paragraph and clause of this Agreement is severable.

21.8.2 lf a court determines 21.8.3

that a part of ihis Agreement is unenforceable, invalid, illegal, void or voidable that court may sever that part.

Severance of a paft of this Agreement will not affect any other part of this Agreement.

21.9

Reading Down
Where a word, phrase, sentence, paragraph, clause or other provision of this Agreement would otherwise be unenforceable, illegal, void or voidable the effect of that provision shall so far as possible, be limited and rqad down so that it is not unenforceable, illegal, void or voidable.

21.10 Auditor-General
Nothing in this Agreement derogates from the powers of the Auditor-General under lhe Public Finance and Audit Acf 19BZ (SA).

21.11 Disclosure of Government Contracts The Contractor acknowledges that the Principal may disclose this Agreement either generally to ihe public, or to a particular person as a result of a specific request. Nothing in this clause derogates from the Contractor's obligations
under any other provision of this Agreement or the provisions of lhe Freedom of lnformation Act 1991 (SA).

21.12 PublicitY
Neither Party may make any public announcement or media release in relation to the Services, wiihout first consulting with the other Party.

21.13 Acting EthicallY

ln delivering the services the Contractor will conduci itself iri a manner that
dces- n-ot.invite, -directly-olindirectly.,--th-e"-Principat-s-officers,-employees- or

agents or any public sector employee (as defined in ihe Pirblic Sector Act 2009) to behave unethically, to prefer private interests over the Principal's interests or to otherwise contravene the Code of Ethtbs for fhe Soufh Au stralian P ublic Secfor.

?2.

OCGUPATIONAL HEALTH, SAFETY AND WELFARE

22.1 lf requested
22.1,1

by the Principal, the Contractor must:

provide evidence satisfactory to thre Principal of its capacity to comply with the Occupational Health, Safety and Welfare Act 1986 (SA);

SPB Standard Contract - Supply of Services (simple,

286361 CJSR543634.1

one-offl

Jttly 2012

Page 14

22.1.2

provide evidence that its employees, agents and subcontractors have received appropriate training in and are aware of their legal obligations and responsibilities in relation to occupational health, safety and welfare; and
provide the Contractor's WorkCover Registration Number.

22.1.3

22.2 22.3

The Contractor must permit the Principal to carry out any inspections the Principal deems necessary to ensure that the Contfactor is complying with the occupational health and safety practices referred to in this Agreement. lf all or part of the work under this Agreement is to be provided on the premises of the Principal and under the direction of the Principal, the Contractor must comply with the Principal's OHS&W policies, procedures and instructions. lf the Contractor becomes aware of any potentially hazardous situation on the premises of the Principal, the Contractor must immediately bring it to the Principal's attention.

22.4
22.5

the Principal has additional requirements regarding the preparation and implementation of OHS&IM systems and plans, these will be detailed in the description of services in the Schedule.
tf

'

The Contr,actor must comply with the Occupational Health, Safety and Welfare Act 1986 (SA) at all times, regardless of whether the Principal issues direction 'in that regard or not.

SPB Slandard Contract - Supply of Services (simple. one-ofi) 286961CJSR54S634.1

Juty 2012

Page 15

THE PARJIES EXEGUTE THIS AGREEMENT AS FOLLOWS: SIGNED for and on behalf of the MINISTER FOR SUSTAINABILITY. ENVIRONMENT AND CONSERVATION:

a^te:
Name of delegate:

.h.
)rrtecr&ra-

6e

k 4**"J

Title of delegate:

Having been duly authorised in that regard. ln the presence of:

Signed:

Name of Witness:

Title of Witness:

fio*tt

Gcc>'*".'tr@

SIGNED

for and on behalf of the SOUTH AUSTRALIAN RECREATIONAL

FISHING

ADVISORY COUNCIL trading as RecFish SA

sisned:

6/d.d*.=-=
Scr/kHtvc'6"

.9....tt.tU.&*ry Zo
Director: C'r+

t-?

[Having been duly authorised in that regard]

Name:

Be6l6a*

ik' iz M

kN

ln the presence of:

.i:'tf*

*1..1:i.3.

Name:

'.:--rl t'.')

r'

F\.-..L
frx, ec
*'

SPB Standard Contract - Suppty of Services (simple, one-off)

July 2o12

286961CJS/3il3634.1

Page 16

SGHEDULE

ITEM

Principal
MIN I STER FO R SUSTAI NABI LITY, ENVI RONMENT AN D CONSERVATION

a body corporate constituted pursuant to the Administrative Arrangements Act

1994 of 91-97 Grenfell Streei, Adelaide, South Australia 5000

Principal's representative
Chris Thomas

ITEM 2

Contractor's Name
SOUTH AUSTRALIAN RECREATIONAL FISHING ADVISORY COUNCIL trading as RecFish SA ABN, 68 697 409 693 of Marine House, 300 Morphett

Street, Adelaide South Australia 5000

Contractor's representative
Mr Gary Flack

ITEM 3

Details of Services to be provided (including Deliverables) Refer to clauses.3 and 4 of the Annexure.

ITEM 4

Commencement Date March 2013

ITEM 5

Completion Date
31 December 2014

ITEM 6

Review Date 22March2O14

ITEM 7

Price and Payment Price: $125,000

GST Exclusive Address for invoices: 1 Richmond Road, Keswick SA 5035 The Price is to be paid in accordance with the milestone payment schedule set out in clause 4 of the Annexure.

SPB Standard Contract - Supply of Services (simple, one-ofQ 286961CJSR543634.1

July 2012

Page 17

ITEM

lnsurances PLrblic Liability lnsurance - $10 million

Professional lndemniiy lnsurance

Nil

Required to note the inierests of the Principal: No

ITEM

lntellectual Property Rights

OPtion (B)

SPB Standard Contract - Supply of Services (simple,

286961 CJS/3543634.1

one-off)

July 2012

Page

1B

ANNEXUIB.E

SPECIAL CONDITIONS

1.

Background and Purpose

Soutl-r Australia finalised

On 29 November,2012, the Government of

management plans including sanctuary zones.

19 marine park

The location of the sanciuary zones is based on years of community and peak stakeholder consultaiion and is designed to:

c .

ptotect iconic locations and species in ihe marine environment (by linking sanctuary zones wherever possible to iconic Iocations and/or the habitats of iconic species); have minimal impact on fishing (by ensuring that recreational fishing can continue from alljetties, boat ramps and popular beaches).

For the marine parks to be effeciive, South Australians, including the recreational fishing community, need to be aware of the value of marine parks in protecting iconic locations and species, and understand that when the fishing restrictions in sanctuary zones come into effect (1 October 2014) people will still be able to fish in the vast majority of state waters. The main outcome of this Agreement is to help the recreaiional fishing community in South Australia transliion to the changes that South Australia's 19 new marine parks will bring.

The agreement also seeks to assist the recreational fishing industry to understand and
participaie in the conservation and srtstainable use of South Australia's marine parks.

ln particular, ihe Principal's aim is to ensure ihat all South Australian recreational fishers
know:

" " 2. " " "

that they can fish in marine parks, but not in sanctuary zones, and

that they can take a boat into a sanctuary zone (with fishing gear on board), but that they can't fish in a sanctuary zone. Objectives

The Principal and the Contractor to support South Australia's recreational fishing
community through io implementation of marine park management plans.

The Contractor to assist in reducing the misinformation regarding marine parks and promote the benefits of the improved protection of the marine environment.

The Contractor to collaborate with the Principal on mutually beneficial grant applications and partnership development opportunities, such as rehabilitation of
habitat, research, tagging and infrastructure projects.

3.

Services

3.1

Education / Outreach

3.1.{

Marine Outlet, Bait and Tackle Campaign

Visit and discuss any marine park issues, questions and deliver marine park map booklets and management plan summaries to key bait and tackle shops and marine outlets within the Adelaide metropolitan area. The Principal to provide a list of suggested outlets for visitation by 30 April 2013.

SPB Standard Contract - Suppty of Services (simple, one-off)

2&6961 CJS/3543634.1

July 2012

Page 19

Education and ouireach otttcomes:

, .

Recreationalfishing industry ancl cornmunity better informed on marine

parks.

Reduced misinformation regarding marine parks.

Principal to provide:

" u

List of suggested outleis. Management plan summaries, maps and any other relevant product.

Contractor to:

" u ,

Visit suggested outlets and deliver products. lncur all otlrer expenses tlrrough operational budget. provide a list of outlets visitecl to the Principal with recommendations regarding percepiions, issues, potential product development and key
messages.

3.1.2

Regional Engagement

The Contractor to engage with key regional recreational fishing community members, stakeholders, outlets and 4 field days throughout the life of the agreement to discuss marine park issues, deliver maps and booklets,
management plan summaries and other resources. The Principal to provide:

" n n . n "

List of suggestecl outlets, stakeholders and field days. Management plan summaries, maps and any other relevant product'

The Contractor to:

Visit key community members, stakeholders, outlets and field days to deliver products. lncur all other expenses through operational budgetUse regional committees as a channel for distribution of materials and information. Provide a report of outlets, stakeholders, communities and field days visited to the Principal wilh recominendations regarding perceptions,

3.1.3 Significant

Events (metro boat shows)

participate jointly with the Principal in four significant events during 2013 and 2014 to promoie fishing and marine parks.

o . ' "

Boat Show 2013 (20-23 June 2013)

sA Boat and Fishing show + 4wD Adventrlre show 2013

(25-27

October 2013) Boat Show 2014 (date TBC) sA Boai and Fishing show + 4WD Adventure Show 2014 (date TBC)

SPB Standard Contract - Supply of Services (silnple' one-off) 28696'l CJSrJs43634.1

July 2012

Page 20

The Principal to Provide:

" " n u 'u

Organisation and payment of eveni fees. The Principal's product and display materials at both events'

The Contractor to: Participate with the Principal for the duration of the events (4 days Boat show and 3 days for sA Boat and Fishing show, minimitm 2 staff per
event).

Provide the coniractor promotional items and relevant brochures. lncur all other expenses through operaiional budget. Provide a report of recommendaiions regarding perceptions, issttes, potential product developntent and key messages.

3-1,4 lndustry Events

Faciliiate two industry events during 2013 and 2014 (the Contractor to recommend timing in consultation with the Principal) to continue building capacity including key recreaiional fishing industry stakeholders to updaie progre=" on marine parks. The Contractor consults with the Principal
regarding list of recreational fishing industry attendees.

The Principal to provide:

" ' " o " e

Management plan summaries, maps and any other relevant product. Selected staff to attend the events.

The Contractor to: Organise and facilitaie events. lncur all expenses through operational budgetprovide a report of recommendations regarding perceptions, issues, potential product development and key messages. Provide a list of event atiendees.

3.1.5 Distribution

and Gontractor website

Use the Cbntractor's membership, data-base and website to distribute marine park information, updates and products.

The Principal to Provide:

Relevant proclucts and messages in paftnership with the Contractor.

The Coniractor to:

'*

Manage website and data-base promotion and distribution' lncur all expenses through operational budget.

provide at least 12 agreed opportunities to distribute marine park

information thror-rgh the term of the agreement.

SPB Standard Contract - Supply of Services (simple, one-of0

286961 cJSt3543634.1

July 2012

Page

21

publications (hardcopy/electronic) focussed on reducing the misinfornration regarding marine parks and promote the benefits of the improved protection of the marine environment.
The Principal to provide:

3.1.6 Articles in relevant recreational fishing industry publications Produce at least six articles for relevant recreaiional fishing industry

" ' " " .

Tecl-rnical and editing sutpport on article information.

The Contractor to: ldentify relevant publications. Prepare content for publications. Liaise with publication team on design, layout, proofing maierials. lncur all expenses through operational budget.

ln addition to the above tasks, it is expected that the Contractor will seek further opportunities through the day to day activities, produrcts, promotional items or brochures to reduce the misinformation regarding marine parks and promote the benefits of the improved protection of the marine environnrent across the recreational fishing industry. Tlre Education and Outreach Campaign will be repeated prior to fishing restrictions in sanctuary zones becoming operational for recreational fishers
(July 2014

- September 2014).

3.1.7 Key Personnel As part of this Agreement, the Principal requires that the

Contractor's Executive Officer, Mr Gary Flack will be the contact for the Principal and will

be

responsible

for

delivering

on ihe

Agreement, including attending

education/outreach initiatives, attending all monthly meetings and providing

advice throughout the term of the Agreement. The Executive Officer, in consultation with the Principal, will have the discretion to nominate a representative in the event that the Executive Officer is unable to attend al these meetings and contract tasks. Product Development

3.2

Assistance

with a "Fishing in Marine Parks' guide (as per

NSW,

http://www.mpa.nsw.qov.au/pdf/Fishintl-in-Marine-Parks.pclf). (March) 201 3. lnput into smart phone application available for download. This application will identify zoning and alert fishers. Advise on software upgrades for GPS units. Advise on marine park zoning maps/materials for rec fishers. Advise on interpretive and compliance signage. (Position and content).

SPB Standard Contract - Suppiy of Services (simple, one-off)

286961 CJS/3543634.1

July 2012

Page 22

The Principal io provide:

Funding to develop, design and produce relevant recreational fisher producis including Fishing in Marine Parks guide.

The Contractor to:

' " . . " 3.3

Provide recomnrendations and advice . to the Principal development, messaging, promotion and distribution. ldentify opportuniiies

on

product
the

to

distribr-rte

and promote products across

Recreational Fishing lndustrY, lncur all other expenses through operational budget.

Make recommencjations regarding perceptions, issues, poiential product development and key messages for the recreational fishing community and indusiry. Provide evidence of advice and involvernent across the state in signage strategy (interpretaiion and compliance).
Grant Applications

Partner with the Principal in grant applications for infrastructure projecis, community research initiatives and monitoring and evaluation funding. The Principal to provide:

" o . ' " 3.4 " . u " 3.5

Expertise to develop/administer grant applicaiions.

The Contractor to: Collaborate with and advise the Principal in securing of addiiional funding for various projects. Provide recommendations and advice to the Principal on priorities of various
projects.

Administer successful funding partnership bids for the recreational fishing industry. lncur all other expenses through operational budget.

Access for Recreational Fishing

Advise on priority infrastructure upgrades, such as boat ramps. Advise on priority freshwater fishing opporiuniiies. Advise on fisher-related facilities, such as fish cleaning stationsAitend monthly advisor meetings wiih the Principal (4 hrs maximum length).

Monitoring, Evaluation and Reporiing (MER) Partner with the Principal in the planning, developmeni, funding, coordination and

promotion of various monitoring, evaluation and reporting initiatives-

SPB Standard Contract - Supply of Services (simple, oneofQ

?86961 CJSt3s43634.1

Juty 2012

Page 23

The Principalto:

"

Facilitate the development of MER programs, including, costs to develop,

design and produce a new MER project.

The Contractor to:

Work with the Principal in the scoping and planning of potential community MER projects. Promote recreational fishing involvement in community MER via updated website and electronic mail-outs. Work with the Principal in assessing the social impact of marine parks on recreational fishing. Recruit recreationalfishers in monitoring, evaluation and reporting projects. lncur all other expenses through operational budget. Demonstrate increased involvement of the recreational fishing industry in monitoring, evaluation and reporting projects.

SPB Standard Cantract - Supply of Services (simple. one'ofQ

286961 CJSA543634.1

Juty 2012

Page 24

Deliverables and lUlilestone Payments Schedule The following rnilestone payments are aligned with deliverables of agreed tasks. Below are the minimum requirements.

Task and Deliverable

Date

Milestone payment

1.

lniiiate marine outlet and bait and tackle shops outreach.

Fishing in Marine Parksguide.

March 2013

$20,000

2.
3. 1,

Attend February and March rnonthly meetings. List of outlets visited through marine outlet and bait and tackle shops outreach. Boat Show, 2A-23 June 2013. Attend April, May and June monthly meetings. Regional engagement summary. End of financial year summqry including outcomes regarding collaboration in grant applicaiions, MER initiatives, publications and additional initiatives. Attend July, August and September monthly meetings.
Ourtlining outcomes achieved through collaboration in grant applications, MER initiaiives, publicaiions, and

June 201 3

$15,000

2.
3.

4. 5.
1.

2. 3. 4.
1.
2.

September 2013

$15,000

additional initiatives. Facilitate one indusiry event (potentially July). Evidence of articles developed and published. SA Boat and Fishing Show, 4WD Adventure Show 2527 October 2013. Attend October, November and December monthly
meetings.

December
2013

$15,000

3.

Ouilining outcomes achieved through collaboration in grant applications, MER iniiiatives, publications, and additional iniiiatives. Regional engagement summary. Evidence in advice and recreationalfishers involvement in signage strategy.

4. 5.

SPB Standard Contrect - Suppty of Services (simple, one-off)

286361 cJSi3543634.1

Juty 2012

Page 25

Task ancl Deliverable

Milestone payment

Review agreement (parties to agree to continue,

March 2014

wiihdraw or varY).
z. J.

Attend January, February and March monthly meetings' Ouilining outcomes achieved through collaboration in grant applications, MER iniiiatives, publications, and additional initiatives.
Evidence of articles developed and published'

1. 2.

Adelaicle Boat Show attendance (TBC)'

JLrne 2014

$15,000

Attend April, May and June monthly meetings'

Encl of financial year summary including ouicomes

3. 4.

regarding collaboration in grant applications' MER initiativei, publications, and additional initiatives' Regional engagement summary.

5.Evidenceinadviceandrecreationalfishersinvolvement
in signage strategY.
1. 2. 3.

Marine outlet and bait and tackle shops campaign' Facilitate one industrY event.

September 2414

Attend July, August ancl September monthly meeiings'

Outlining outcomes achievecl throurgh collaboration in grant ap*plicaiions, MER initiatives, publications, and additional initiatives. Evidence of adicles developecl and published'

SA Boat and Fishing Show, 4WD Adventure Show

December

$15,000

(rBc).
List of ouilets visited thror"rgh education and outreach campaign prior to commencelnent of sanctuary zones'
3.
4.

2014

Regional engagement summarY. Attend October, November and December monthly meetings.

SPB Starrdard Contract 286961CJSn5"13G34.1

Supply of Services (simple, one-off)

July 2012

Page 26

Task and Deliverable

Date

Milestone payment

5. 6.

Deliver final report on outcomes. Renegotiate any ft-rture agreement. $125,000

TOTAL

SPB Standard Contract - Supply of Services (simple. one-off)

286961 CJ5/3543634.1

July 2O12