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Development application part 2 of 2 MCU12 · MCU12/0012

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                                                                                       15 cS       1114-           Nn
Full text of the other 27 pages

Page 2

                    APPLICATION FOR
                  MATERIA CHANGE OF USE

               HOME, BASED BUSINESS TYPE 3

                 QUAD BIKE TOURS FROM
               298 TABLELANDS RD COORAN


      DOCUMENTS INCLUDED IN THIS APPLICATION


1. APPLIACTION DETAILS IDAS FORM 1             7 pages
2. MATERIAL CHANGE OF USE IDAS FORM 5          4 pages
3. RELEVANT CRITERIA FOR ASSESSMENT            7   pages
4. QUAD BIKE TOURS PROPOSED ACTIVITY BRIEF     2 pages
5. EXISTING BUILDING AREA AND HEIGHT           I page
6. PROPOSED QUAD BIKE TOUR ROUTE               I page

7. SITE PLAN                                   I page

8. CAR PARKING PLAN                                page
9. LOCATION OF HOUSES ON ADJOINING LAND        I   page
10.    SITE PLAN SHED A                        I page

11.    EXISTING SHED A PLAN                    I   page
12.    SOUTH WEST ELEVATION SHED A                 page

13.    APPLICATION ADDITIONAL INFORMATION      2 pages
14.    REGISTERED PLAN 192052                  I page

15.    DEPT. ENVIROMENT + RESOURCE PERMIT      3 pages
16.    QUEENSLAND POLICE PERMIT                I page
17.    BUSINESS NAME REGISTRATION              I page
18.     DISCLAIMER FOR VISITOR                 I page




        IOTAI. 18 PAGES INCLUDING THIS PAGE

Page 3

                         Material Change of use.
                        298 Tablelands Rd Cooran.

                   Relevant Criteria for Assessment.


Below is listed the relevant criteria for assessment. It should be noted that approval
for this proposed business has already been granted a permit by the Department of
Environment and Resource Management, who has confirmed that all criteria adheres
to the requirements of both the Mary River Catchment and Environment Licence and
Perm its.



1. Proposal.

The material change of use is for a home based business type 3
for Quad Bike Tours from 298 Tablelands Road Cooran. It is
our intention to conduct small group tours using Quad Bikes to
enter the adjoining Woondum National Park. The tours will
have a maximum of 10 guests at any one time with 2 guides.
The tours are aimed at educating and increasing awareness of
the natural fauna and flora of this special area. The tours will
generate tourism in the area and offer local employment.
Permission for the tours has been granted by the Department of
Environment and Resource Management, as well as the
Queensland police. (See copies attached).

2. Location

298 Tablelands Rd is situated close to the entry of the
Woondum National Park and is surrounded by rural properties
of between 5 and 1 00 acres. (See distance to neighbouring
houses attached). The proposed area of Quad Bike storage and
the start of the tour is located well off the Road and far from any
neighbouring houses. The site is not visible from the road or
neighbouring properties.


                                              ...cont.Pg2

Page 4

                              Page 2




3. Mary River Catchment

The property is within the Mary River Catchment area. The
relevant criteria of Waste Management, Pollution, Stormwater
run off, Soil Erosion and Fire Prevention and are each detailed
herein. Our proposal will have no negative impact to the
catchment area.




4. Transport and Vehicle traffic.

We shall advertise and promote the tours with a courtesy free
mini bus service. This service will provide door to door
collection and drop off. In addition we will encourage visitors
from areas serviced by public transport to use the train and bus
service, offering a free pick up from the local station situated
3Kms from the property. This will reduce the vehicle traffic to
the property to the lowest. Estimated to be on average one car
per tour commuting to our property. The traffic will therefore
have no additional impact to the road network or "Tablelands
Road.




                                    .....cont.Pg3

Page 5

                               Page 3




5. Driveway and Parking

With expected low levels of traffic, our driveway and parking
facilities are still capable of servicing up to 6 visitor cars, I
disabled car, mini bus and 3 staff cars all at once. The second
drive to the property is over 3.5m wide, of compacted gravel
road base. It has a two way entry exit to the start and another
mid way. This allows for the safe flow of traffic in both
directions, with clear visibility to all traffic. Access to the road
has vision for more than 105m in both directions. The drive
surface is kept maintained by our own earth moving equipment
at the same yearly intervals as the road surface of Tablelands
Road. Traffic will be limited to set tour times of the day.

Parking is provided on a level area as depicted on both the site
plan and detailed on the Parking plan (both plans attached). It
should be noted that Shed B is used for the storage of farm
equipment and gates to the shed will be kept locked with the
exception of the area for the tractor fitted with fire fighting
equipment.




                              ....cont.Pg4

Page 6

                              Page 4


6. Noise Impact

The proposed site for the start of the tour is located well away
from neighbours and is set in a trough of the property,
surrounded by trees and thick vegetation. After a 20 minute
verbal briefing guests will demonstrate their ability to ride a
quad bike. This will be done in a group situation lasting no more
than 10 minutes. During this time bikes will be operated at
1000rpm slightly higher than standard idle, generating a very
low level of noise. With the location and thick vegetation no one
outside of the property should be able to hear any noise. From
here the tour will begin with bikes required to travel behind a
lead bike at very low speed and revs no greater than 1500rpm.
This level will be kept until well into the National Park, when
speed and revs may increase to as much as 30Kmh and 2500rpm.
At 1500rpm or lower the noise level reaching neighbouring
properties will be no greater than 30dBA during any part of the
proposed tour. The Quad bikes to be used are of the latest
technology designed to be as quite as possible. These bikes are
not performance machines and are usually used for farming or
hunting, both of which require minimal noise output and as such
have been designed to be the lowest of all emissions. It should
be noted that the four-wheel drive track and Tablelands Road is
presently frequented by trial bikes generating far more noise
than Quad Bikes. As our noise levels will be controlled, there
will be no further impact to noise on the route of our tours. The
tours are also to be conducted in daylight hours with a
maximum of two tours per day.




                             .....cont.Pg5

Page 7

                              Page 5

7. Waste Management and Pollution

A standard wheelie bin shall be provided for all general waste.
We shall encourage our guests to minimise the quantity of waste
brought to the property and on tour. Guests will be warned as to
the disposal of camera batteries or any other hazardous material.
Should they wish to dispose of such we shall take responsibility
to dispose of such at a registered refuse facility. No food or
drink is allowed to be consumed whilst on the Quad bikes. All
waste generated by our guest or staff shall be our responsibility
to store and dispose of in the correct manner.

All servicing and oil changes will take place off the property at a
service centre. All refuelling of the quad bikes will be
undertaken over a spillage control tray. Refuelling will only take
place when no guests are on site and by a trained member of
staff, adhering to strict refuelling policy.

We propose to enforce a policy of no smoking whilst on the
tours.


9. Sewer and Water

As an initial service we propose to rent an on site portable
events toilet. These are chemical pump out systems serviced in
the rental on a weekly basis and pumped out as required. This
service is expected to be used for the first six months. Later
being replaced with a composting or similar approved toilet
system. Water will be filtered and pumped into the holding tank
for gravity feed water supply. Drinking water will be supplied
by way of stored bottle water on site. Total water storage is over
40 000 litres rain water in tanks and 30 000 litres in a small
holding dam.
                              .......cont.Pg6

Page 8

                              Page 6


9. Soil Erosion and Stormwater

All existing driveways and tracks have been maintained to
ensure correct drainage of storm water. The driveways have
been compacted with road base incorporating correct drainage.
The quad bikes have the lowest footprint and as such will create
no soil erosion or damage to the driveway or Tablelands Road.
Storm water run off from the roofing of buildings and sheds is
collected in rain water tanks. The total storage is 40 000 litres in
tanks and a small dam of approximately 30 0001itres. The
overflow from all water storage runs into a natural collection
gully. This gully also receives direct run off from Tablelands Rd.
The proposed Quad bike tours will have no impact in this regard.

10. Fire Prevention and Control

All areas in and around the proposed site will be kept clear of
debris and dried foliage. A fire extinguisher will be carried on
the lead bike and 2 large units kept near the refuelling area of
the storage shed. A 5000 litre tank will be available for gravity
feed and 30000 litres of dam water for petrol pumping if
required. All gutters to roofs have been fitted with metal gutter
guards and are constantly kept clean of debris. The rainfall to
the area is very high and as such the vegetation is rated low
combustible. In the event of a fire there are three evacuation
routes. Guests will be removed from the area at the first sign of
any fire. A fire safety plan will be displayed indicating the
evacuation assembly point; this will also be included in the
briefing. A tractor equipped with full fire fighting water storage
and pump is constantly on standby. This vehicle can reach all
parts of the property for fire fighting purposes. There is also a
portable petrol fire pump equipped with 50m of fire hose.

                                   .....cont. Pg7

Page 9

                              Pagel
11. Signage

A sign displaying the name of the business and street number
will be fixed to the 2nd driveway gate post. This sign will be no
greater than 750mm x 400mm and the colours used will be that
of earthen shades with limited or no bright colours.

No smoking signs will be displayed every 3 meters and larger
signs near quad bike storage. Guest will be briefed as to the site
being non-smoking only.

Private and No entry signs will be displayed across tracks and
gates not to be entered by guests or staff.

Staff only sign will be displayed in areas of staff parking and
staff access only inclusive of bike storage area Shed A.

First aid sign will be displayed above or below first aid storage
box. Inclusive of a sign to the lead quad bike.

Fire equipment signs will be displayed at fire fighting
equipment.

Keep clear sign will be displayed at tractor parking area.

12. Safety from Crime and Insurance

During unattended periods and after hours the entry gate to the
property will remain locked. Full time CCTV will monitor the
site with a full colour recording of the last 48hours. A security
alarm is fitted to all gates and entry points of both Shed A and
Shed B. All guest will be require to sign a disclaimer whilst on
the property or taking part in the tour. A public liability
insurance of no less than $20 million will be valid at all times
from the start of this proposed business.

Page 10

                 QUAD BIKE TOURS
                PROPOSED ACTIVITY
                      BRIEF

We propose to run a home based business conducting
Quad Bike tours through the Woondum National Park starting
from our property located at 298 Tablelands Rd.

The tours are aimed at small groups of no more than 10
participants. A total of 3 staff will be employed with two tours
operating per day. The first at 9-00am and the second at
1-30pm. The total tour duration including briefing will be
3 hours. The tours will operate every day with the exception
of Christmas Day, Boxing Day, Australia Day, Good Friday
and Easter Sunday.

The tour will commence on our property at 298 Tablelands
Rd with a safety and conservation briefing.

Aspects of this briefing are to ensure all participants are;
  1. Able to safely operate a Quad Bike
  2. Understand our strict rules of riding safety.
  3. Understand our strict rules of conservation.
  4. Agree and understand our terms and conditions.
  5. Pass a brief practical riding test.

Providing we are confidant of our participant's ability to
conduct the tour to our briefing and in accordance to our
terms and conditions we will commence the tour on our
property.

This will be done with a lead guide at the front of the group
and a second guide at the rear of the group. With all quads
keeping in a single file adhering to our safety rules including
that of no overtaking and no 2 Quads abreast.


                                  ....cont.Pg2

Page 11

                           Page 2



The tour will start at the lower end of the second more
western drive of our property onto Tablelands Road.   The
tour will head about 200 meters up Tablelands Road to the
first cutting joining the four-wheel drive track of the
Woondum National Park. Following this track to the rock
pools situated at Hill Rd.

At the Rock Pools participants will be briefed again on both
the safety aspects and conservation of this area.

A 30 minute break will be taken to observe the wonders of
this area. After which we will back track along the 4WD Road
to our property at 298 Tablelands Rd. The tour will then end
with a short debriefing.

Refer to other written sections relating to our proposed Quad
Bike Tours.

Page 12

                                Material Change of use.
                                    IDAS form 5.

                      Additional Information
                Existing Building Area and Height

We propose to use Shed A, on the attached plans "Existing Shed A" as a storage
facility for our quad bikes. None of the other existing buildings will be used for our
proposed home based business proposal. The below table shows the required details
of all buildings on the property as listed on the attached site plan.


BUILDING        No. STOREYS             FLOOR AREA           MAX. Height AGL.




Carport /
Workshop                    I           48m                  6200mm

I louse                 2               118m                 7950mm

Pump I louse            I               12m                  2700mm

Windmill          tower                 1.2m base triangle   7000mm

Old Stables         1                   19m                  3000mm

Chicken Coup            I               28m                  3300mm

Shed B                  I               124m                 3000mm

Shed A                  I               29m                   3000mm

Page 13

woonaum National rarK
October 2009
                              Proposed Quad Bike Tours Route

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                                                                               19 Queensland Government

Page 14

                                                Shed A



                 I                car parking
                      I
                      2nd Drive
                                      Shed B



                                      Chicken Coupe


                                                                      Windmill
                                                                           Dam
                                                         Pump House




SITE PLAN
298 Tablelands Rd
Cooran Qld. 4569                                                         Road
Lot2 of Plan 192053
Parish Woondum County March

Scale. 1:2000

Page 15

              Quad Bike Storage
              Shed A              Car Parking Plan
2nd Drive- ----                   Scale Meters o 2 4 6 8 10
                                            Legend
          Dv                           v = visitor car park
                                       s = staff car park
                                       D = disabled car park
                                       B = Mini Bus Parking
                                       T; = large tree
                                         = water tan
                                        t=P ump Out Toilet
                  Shed B
                           3s
                           2s
                            Is

Page 16

                                                                  o
                                                                 0oh

                                                                            Location Of Houses
                                                                            on Adjoining Land

                                                                                over 1200m


                                                                                 North
                                                                                   I
                  over 1500m


                                                          47
                                                               ^h f
                                                            o ees°'s
                                    duo   E
                                                                       'a''^e
                                                  298 Tablelands RD




                                                    Road          - '--I_

                                              1
Distances to neighbouring houses.
From main proposed area of use.
    of 298 Tablelands Road

       NOT TO SCALE

Page 17

                                                Shed A



                 I                car parking
                       I                                                 Access Tracks
                      2nd Drive
                                      Shed B



                                      Chicken Coupe


                                                                      Windmill
                                                                        Dam
                                                         Pump House




   SHED A
                                                                                         House
SITE PLAN
298 Tablelands Rd
Cooran QId. 4569
Lot2 of Plan 192053
                                                                       Road
Parish Woondum County March

Scale. 1:2000

Page 18

                     5400

        1                            2 x 190x45 RH Pine Beam


                                     120mm Treated Pine Posts




                                     190x45 RH Pine rafter
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NORTH   -01
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              EXISTING SHED A
                   PLAN

Page 19

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Page 20

          APPLICATION ASSESSMENT
          AD)l)I'I'IONAL INFORMATION
The area we propose to use of the Woondum National Park is
a designated 4 Wheel Drive track. It is used by both 4 Wheel
drive vehicles and off road motorcycles. Regular 2 wheel
drive vehicles are unable to traverse this track. We propose
to use low range geared Quad Bikes which will be
permanently locked into low range.

The Quad Bikes will be 250cc minimum governed to a max
speed of 30Kmh. The wheels are unable to slip on the terrain,
therefore no damage to the road. The emissions are at the
lowest of all off road vehicles inclusive of noise. This is the
lowest impact of all off road vehicles.

As we propose small groups of no more than ten guests,
there will be no effect on the present access to nature or
ecologically sustainable use of the area or wildlife.

During our proposed tours, we will be an extra set of eyes for
both nature conservation and reporting of any illegal
activities. In recent visits to the area, I have noted a fair
amount of litter left behind, when it is clearly signed that
visitors take their garbage with them as the area is not
serviced. We propose to clean up and remove all litter left in
this area by not only ourselves but third parties, (to a fair a
reasonable regard (i.e.) excluding the removal of major
dumping or discarded vehicles) as a token of our
appreciation for the use of this area.

The 4WD track we propose to use has very little traffic. The
condition of the track surface and layout of the track
enforces restricted speed by all vehicles using it.

Page 21

In accordance to many strict rules of operation for our
proposed tours, some factors ensuring safety are; Speed
governed to a maximum of 30Kmh. Bright coloured bikes
and safety gear. Pole mounted red flags fitted to all bikes.
Single file driving and stopping, with no overtaking or side by
side riding of both cars and bikes. Full training and testing of
all tour participants to a very high standard prior the
proposed tour.

In the interest of public health and safety, we shall undertake
full liability and indemnity insurance to a value of $20 million.
This policy will be undertaken prior to commencement of any
proposed tours and forwarded to all authorities to satisfy our
operational obligations and conditions.

All guides involved in our proposed tour will undergo an
advanced Quad Bike Riding and training course conducted
by either of the two recognised training branches of Yamaha
or Honda Australia. Further they shall all hold a certificate in
first aid, and be trained on nature conservation and rules of
the national park.

There will be no further impact, or cumulative effect to the
area we request to use as it is already a designated four
wheel drive track.

All vehicles used in our tours will be Conditionally Registered
with Queensland Transport; Conditional Registration does
include compulsory third party insurance. The use of the road
and public area shall also be approved by Queensland
Police and any other relevant authority prior to us operating.

Page 22

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Page 23

                                                                                                                              PermitI
                                                                                    This permit is issued under the following legislation:

                                                                   19    910 Nature Conservation (Administration) Regulation 2006

                                                                  El     s34 Recreation Areas Management Act 2006

                                                                  0 s56 Forestry Act 1959
                                                                                                 Commercial Activity Permit


Permit number:                      TVP5O3711611

Valid from:                         01-APR-2012              to 31-MAR-2015

Parties to the Permit
          Role                              Name                                                              Address
 Principal Holder              Mr Charles James Marais                         298 Tablelands Rd
                                                                               COORAN OLD 4569


Permitted Location Activity Details
                  Location (s)                                     Capacity                                          Activity (s)
 Estate: Woondum National Park                      10 people + 3 staff, max 2                   Motor Vehicle Use (Quadfrrike riding)
                                                    times per day




Conditions of Approval

 General Permit Conditions
 Agency Interest General
 PG1               INDEMNITY

                   The Principal Holder -

                   (a) indemnifies; and
                   (b) releases and discharges


i Permit includes licences. appro    , permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation.



Page 1 ZL110314


Department of Environment and Resource Management
w\v\V.derm.gld.gov.au ABN 48 640 294 485
                                                                                              IV-Queensland Government

Page 24

                                                                                        Commercial Activity Permit
                                                                                                          TVP503711611




                   the State of Queensland ("the State') from and against all actions, proceedings, claims, demands,
                   costs, losses, damages and expenses which may be brought against or made upon the State, or
                   which the State may pay, sustain or be put to by reason of, or in consequence of, or in connection
                   with the occupation and use of the Estate(s) identified in the table(s) below ("the Estate) by the
                   Principal Holder except to the extent of any negligent act of the State, its servants or agents.

                   The Principal Holder must notify the Department of Environment and Resource Management
                   (DERM) in writing of any death, injury, loss or damage immediately upon the Principal Holder
                   becoming aware of such death, injury, loss or damage.

 PG2               COMPLIANCE WITH LAWS AND NO WARRANTY

                   The Principal Holder shall at their expense during the term of this Permit comply with and observe
                   all Acts of Parliament, local laws, regulations or rules for the time being in force which apply to the
                   Estate and/or the Principal Holder's use of the Estate.

                   The State does not warrant that the Estate is free from defect or that it is safe or suitable for the
                   use authorised under this permit The Principal Holder uses the Estate entirely at its own risk and
                   acknowledges that it has checked the area to ensure that it is suitable for the use authorised
                   under this permit

 PG3               INSURANCE

                   For the term of this permit, the Principal Holder must take out and maintain the following
                   insurances ("the insurances") requirements -

                   (a) a public liability insurance policy for no less than $10 million arising from any one event in
                   respect of the death of, or injury to persons, or loss or damage to property; and

                   (b) insurance under the Workers Compensation and Rehabilitation Act 2003 to cover workers,
                   eligible persons, self employed contractors, directors, trustees and partners.

                   The Insurances must be effected with an insurer that is registered with the Australian Prudential
                   Regulation Authority (APRA) and has an S & P rating of no less than A-.

                   The Insurances must cover all invitees, employees, contractors, agents, members or clients of the
                   Principal Holder and name the State of Queensland as an interested party.

                   Before undertaking any activities on the Estate, the Principal Holder must have in place all the
                   Insurances. In any circumstance where the Insurances are cancelled, altered or expire before the
                   expiry date of this permit, the Principal Holder must cease all activities on the Estate until such
                   time as alternative insurance policies that comply with the requirements of this permit have been
                   obtained.

                   The Principal Holder must provide the Department of Environment and Resource Management
                   (DERM) copies of certificates of currency for the Insurances, and the insurance policy documents,
                   when requested by the DERM for audit or compliance checks.

 PG4               The Principal Holler must notify the permit issuing office, in writing within seven (7) days of.




Page 2 ZLI 10314                                                                 DepaMlert of EwAranment and Resource Management

Page 25

    Department of Environment
    and Resource Management


                                                                                      Commercial Activity Permit
                                                                                                        TVP503711611




                 a) any changes to the nominee/permittee details; or
                 b) the cessation of operation to which this permit relates.


 Agency Interest Biodiversity
 PB1             This permit is subject to an annual review from the date of issue and accordingly the Chief
                 Executive may change the terms of this permit at the time of review with consultation with the
                 Principal Holder.



Conditions for: Motor Vehicle Use (Quad/Trike riding)

 Agency Interest: Biodiversity
 A1B1            This permit is restricted to conducting the approved activity of quad bike tours within Woondum
                 National Park only.

 Al B2           Tours to be conducted during daylight hours only. Tours must not commence before 8:30am on
                 any day.
 Al B3           Tours must not be conducted on the following Public Holidays - Christmas Day, Boxing Day,
                 Australia Day, Good Friday or Easter Sunday.

 Al B4           Tours are not permitted on any other National Park roads or tracks other than the roads/tracks
                 approved in this permit.

 A1135           All quad bikes must be conditionally registered and riders must be authorised to operate the bike/s
                 as per the 'Conditional registration scheme for off-road trail and quad bikes' specified by the
                 Department of Transport and Main Roads.

 Al 86           Quad bikes must be mechanically governed by an authorised mechanic to a maximum speed of
                 30km/hr.

 Al B7           Quad bikes must be bright in colour and have a bright flag attached to an extended pole.

 A11138          All clients must undertake a thorough briefing and a compentency assessment prior to departing
                 on the tour.

 Al 89           The Principal Holder must provide DERM (via email: [email protected]) with a hard copy of
                 the information to be presented in the safety and conservation briefing.

 Al 810          All riders must wear hebnets, footwear and safety gear.

 A113111         Quads must be ridden in a safe manner. Pillion' or'Doubling' of passengers Is not permitted.

 A113112         Tours must not be conducted on the National Park roads if 25mm or more of rainfall has fallen
                 during the 24 hour period prior to the commencement of the activity.

 A11313          In the event of an unforeseen incident of a serious nature, the Principal Holder must contact
                 Emergency Services on Ph: 000.




Page 3 n110314                                                                 Department of En*onment and Resource Management

Page 26

              QUI NSLAND POLICE SERVICE
                              Pomona Police Station
                              22 Red street Peasoaa 4568

                  TELEPHONE (07) 54852586    FACSIMILE (07) 5/852970




                                                                       Our Ref.    12/
                                                                       Your Ref.   12/


 24 January 2012

 TO:                             Mr Charles James MARAIS

 FROM:                          OIC Pomona Police

 SUBJECT:                       Regarding application to conduct quad motorcycle tours
                                in the Woondum National Park area.




1.    In relation to your application to conduct regulated organised commercial quad
      motorcycle tours of the Woondum National Park in the Cooran, Tablelands
      area, incorporating Tablelands Road and Hill road, I wish to advise you of the
      following.

2.    1 have appraised your application and as OIC Pomona police since January
      2003, 1 am aware of the conditions and the roads you will be traversing on your
      tours. I am aware that your application involves 12 quad bikes a!u# one
      Kawasaki "Mule" 4wd recovery vehicle.

3.    1 am satisfied that your operation and organisational planning is sufficient and
      have no concerns for the safety of your clients or other general road users,
      traversing Tablelands road and Hill road, should you adhere to the Road Rules
      and other regulations.

4.    I therefore advise that I have no objections to your application.

5.    Please contact this office if you require further information.




D.J.McNAMARA

SGT 6088

OIC POMONA

Ph:    54852586

Fax:54852970

Page 27

 Queensland
 Government




QUEENSLAND
Business Names Act 1962 Section 7(4)


Business Number : BN22046975


Certificate of the Registration
of a Business Name
I certify that on 12 May 2011

NOOSA QUAD BIKE TOURS
was registered as a business name
under the Business Names Act 1962.

The current registration term of 1 year
expires on 12 May 2012.

PROPRIETORS:
CHARLES JAMES MARAIS



Dated this eighteenth day of May, 2011




Registrar of Business Names

Page 28

                                                             Noosa
                                                            Quad Bike
                                                              Tours


                                     Disclaimer of Liability
                                TERMS AND CONDITIONS OF USE

I (the participant)                           of
                            FULL NAME                                    Ai)I)RI..S^,


Contact I)vtails : Phonc:                      Email:


Acknowledge. warrant and agree to the following;

     I.   I accept full liability and consequences for myself. equipment, property and third party claims
          and indemnify Noosa Quad Bike Tours Operators, directors, employees and agents, against
          any third party claim and disclaim any rights I have against them.
     2. I have no medical condition which may cause me difficulties, injury or death in using and
          taking part in the Noosa Quad Bike Guided Tour. This includes but is not limited to heart
          condition, low or high blood pressure, pregnancy etc.
     3.    I am not under the influence of and/or impaired by alcohol or drugs.
     4. 1 understand that in using and taking part in the Noosa Quad Bike Guided Tour and the use of
          their equipment, does involve some degree of risk and danger to my health and safety and I
          am fully aware of any limitations which I have which are not compromised by my use and
          taking part in the Noosa Quad Bike Guided 'fours.
     5. I will be provided with competent instructions by the Operators of Noosa Quad Bike 'Fours on
          the use of the location and equipment and I take full responsibility for the understanding of
          these instructions and will abide by these instructions. Including but not limited to the strict
          rules of no overtaking, no speed greater than 40Km/Hr, compulsory wearing of all safety
          equipment, abide and conduct any instruction given to me by the tour guide.
     6. Agree that Noosa Quad Bike Tours Operators, director employees and agents have not made
          any representations to me in respect of the safety of the location or equipment in my using and
          taking part in the tour and that I assume all responsibility and risk for my use and taking part
          of Noosa Quad Bike Tours. I understand that Noosa Quad Bike Tours Operator. directors
           Employees and agents accept no liability or responsibility for my injury or death which may
          occur as a consequence of my use and taking part in Noosa Quad Bike Fours.
     7. That to the maximum extent permissible by law. I waive any present or future rights I may
           have against Noosa Quad Bike Tour Operators. directors employees and agents for damage.
           injury or death caused as a result of my use and taking part in the Noosa Quad Bike Tours.
     8. 1 have disclosed any and all information to Noosa Quad Bike Tour operators which is material
           to my use and taking part of Noosa Quad Bike "Fours. their location and equipment.
     9. I indemnify Noosa Quad Bike'lour Operators. directors. employees and agents for any
           damage to third parties caused as a result of my use and taking part in Noosa Quad Bike Tours.
      10. I I-LAVE READ THESE TERMS AND CONDITIONS AND l1NDERS'FANI) THAT MY
           USE AND TAKING PART IN NOOSA QUAD BIKE TOURS LOCATION AND/OR
           EQUIPMENT IS CONDITIONAL UPON MY ACCEPTANCE OF THESE TERMS AND
           CONDITIONS.




SIGNED:                                            DATE:

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