This Authority is intended to authorise the use of areas of land for a specified purpose in Falls Creek Alpine Resort. Complete all details on this form and submit with a copy of your public liability insurance. This Authority is to be read and complied with inconjunction with the FCAR Helicopter Work Practice 1.0. This Authority is granted by ALPINE RESORTS VICTORIA trading as FALLS CREEK ALPINE RESORT  ('FCAR') to the permitted user and commences on the date set out Item 5.

Alpine Resorts (Management) Regulations 2020 (Vic)

HELICOPTER LANDING

FALLS CREEK ALPINE RESORT

This Authority is issued pursuant to Regulation 18 of the Alpine Resorts (Management) Regulations 2020 (Vic).

1. Licensor:   ALPINE RESORTS VICTORIA trading as Falls Creek Alpine Resort

SCHEDULE

1. Board: ALPINE RESORTS VICTORIA trading as FALLS CREEK ALPINE RESORT (ABN 33 432 219 067)

2. Reservation description: Falls Creek Alpine Resort

3. Permitted Area: Falls Creek Helipad located in lower Slalom Carpark. (See location image below)

Latitude: 36° 51’ 45.48” S

Longitude: 147° 17’ 13.74” E

Elevation 1528m

4. Powers under which Authority is granted:

• Regulation 30  Alpine Resorts (Management) Regulations 2020 (Vic).

5. Permitted Purpose : To use the area outlined in item 5 for the landing and departure of commercial, private, and emergency helicopters.

6. Amount of Public Liability Insurance : not less than $20,000,000.

7. Board Address: PO Box 50, Falls Creek, Vic, 3699.

8. Special Conditions:

i. The Operator will inform the times that they are operating the service to the Board.

ii. The Board has the ability to restrict and close access to the helipad at their discretion at any time if required.

iii. The Board has the ability to impose additionalrestrictions at their discretion if required. 

iv. The Operator must adhere to the Civil Aviation Safety Regulations 1988. 

v. The Operator will ensure that any Flight Crew and Crewpersons are appropriately qualified, rated, endorsed, skilled, experienced and licenced to carry out the function detailed in Item 7. 

vi. The Operator will ensure that any aircraft operating under this agreement are maintained in good condition in accordance with the manufacturer’s requirements, Australian State and Federal legislation. 

vii. The Operator will comply with all requirements of the Board throughout the Term of this permit regarding the safe use and operation of the Falls Creek Helipad.viii. The Operator will read and comply with the guidelines listed in the Helicopter Work Practice provided to all operators. 

ix. All maintenance, operation and other costs associated with the discharge of this permit will be at the cost of the Operator. 

x. The Board will make available the use of the Falls Creek Helipad for the Operator at times other than those required for medical evacuations and at any time it is activated for the Falls Creek Emergency Management Plan or any other search and rescue or emergency situation. 

xi. The Board will inform the availability of the service at times indicated in Item 6. 

xii. Special items for the operation and safety of the helipad:

• a. All inbound flights must make contact with FCRM (during operating hours) prior to departure to ascertain the local weather conditions and/ or pad status.FCRM can be contacted on 03 5758 1200.

• b. All inbound flights must provide FCRM with the aircraft’s registration number, pilot contact mobile phone number, ETA prior to departure.

• c. During the Declared Snow Season, the Operator shall also advise the number of passengers for inbound flights prior to departure

• d. No aircraft is permitted to fly directly over the Falls Creek Village or the Falls Creek Wastewater Treatment Plant when using the helipad.

• e. When approaching the permit area at lower Slalom Carpark, all aircraft will approach this pad from the NNW through to the ENE.

• f. No aircraft will be permitted to land at the helipad between the hours of Sunset and Sunrise (Emergency Aircraft exempt).

• g. If the Operator’s aircraft is landed at the helipad and FCRM are advised of an incoming Emergency Services aircraft, the Operator must remove their aircraft from this area immediately.

• h. No aircraft is to be parked at the helipad for aperiod of time greater than 30 mins (Emergency Aircraft exempt) unless otherwise permitted by the Board.

• i. The Operator shall not leave the aircraft un-attended for a period of time greater than 15 minutes.

Authority - Conditions

1. Public Liability Insurance - The Authority Holder is required to maintain at all times, a public liability insurance policy providing for no less limit of indemnity for any one occurrence during the policy period than the amount of $20,000,000, and the policy must be endorsed to indemnify and note the interest of Alpine Resorts Victoria trading as Falls Creek Alpine Resort. 

2. Rights Conferred – The rights conferred by this Authority are non-exclusive, do not create or confer upon the Authority Holder any tenancy or any estate or interest in or over the Area of Operation or any part of it, and do not comprise or include any rights other than those granted or to which the Authority Holder is otherwise entitled by law. 

3. Use of Land – The Authority Holder hereby covenants with Alpine Resorts Victoria trading as Falls Creek Alpine Resort.  “FCAR”) that during the term the Authority Holder will not;

(a) Conduct the Activity for any purpose other than the purpose referred to in this Authority without first obtaining the Licensor’s written consent which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions; 

(b) Do or cause or permit to be done anything which constitutes an actionable nuisance, annoyance or disturbance to other persons in the Area of Operation, causes the Area of Operation to be left in a state less then as good or better state than before the Activity commenced or to operate outside the Area of Operation or to occupiers of properties adjoining or contained within the Area of Operation; 

(c) Permit any rubbish to accumulate within in or about the Area of Operation; 

(d) Operate the Activity with any hazardous chemicals without the Licensor’s written consent save a reasonable quantity of any hazardous material which is normally used for the Activity, actually carried on, or used in connection with the Activity and which is kept in compliance with the requirements of any authority charged with regulating the keeping of it. 

(e) Without first obtaining the written consent of the Licensor assign, under-licence, mortgage, or charge this Authority or part with or share the Activity or any part of it. 

(f) Prevent, attempt to prevent or in any other way hinder, obstruct or permit the hindrance or obstruction of the Licensor or the Licensor’s servants, employees or agents at any time from inspecting the Activity either with or without motor vehicles or other equipment for any purpose and in particular, but without restricting the generality of the foregoing, for any of the following purposes:-  inspection of books of account or tools of trade; or,  any other lawful purpose. 

(g) Do allow anything to be done which might result in any insurance relating to the Licensed Business becoming void or voidable;

(h) Erect or permit the erection of any improvement on the Area of Operation without the Licensor’s prior written approval, which can be given or withheld at the absolute discretion of the Licensor or be given subject to conditions;

(i) The Board shall not conduct any part of the rights conferred by this Authority on or within any lease area within the resort without prior written and current consent of the relevant lessee;

(j) The Authority Holder shall not conduct any part of the rights conferred by this Authority in any area which causes an obstruction or poses a safety risk to the general public or any person; 

(k) This Authority does not carry or convey any entitlement to the use of an oversnow vehicle within the resort. The Licensor, at its sole discretion, may permit the use of an oversnow vehicle where there is demonstrated need. Any permit so issued, may contain conditions covering the use of such a vehicle including registration requirements, hours of use and permitted areas of use. Specifically, vehicles shall not be used in any lease area, including the ski area lease, without the prior written consent of the relevant lessee.

4. Compliance with Law – The Authority Holder must comply with the provisions of all statutes, regulations, local laws and by-laws relating to the activity and/or the land and all lawful orders or directions made under them at its cost. 

5. Termination upon Default – If the Licensor is satisfied, after giving the Authority Holder a reasonable opportunity to be heard, that the Authority Holder has failed to comply with any terms or conditions of the Authority, the Licensor may, declare that this Authority is cancelled, and upon cancellation the Authority Holder will not be entitled to any compensation whatsoever. 

6. Special Conditions  –  The Licensor may impose further special conditions on review and approval of this application. You will be notified of any further special conditions.

7. Resort Entry  – Normal Resort Entry fees apply (winter only)

ACCEPTANCE OF TERMS, INDEMNITY AND GRANTING OF AUTHORITY 

The Authority Holder hereby agrees to comply with the terms and conditions of this Authority. 

Indemnity - The Authority Holder hereby indemnifies Alpine Resorts Victoria trading as Falls Creek Alpine Resort, in respect of any claim or liability for property damage and/or injury or death of any person which arises directly or indirectly out of negligence, tort, contact, or breach of a statutory duty by the Authority Holder or any associated party consequential to the use or occupation of the Land, including, but without restricting the generality of the foregoing, the pollution or contamination of land or water, and any costs, charges and expenses incurred in connection therewith.

THIS AUTHORITY IS GRANTED BY ALPINE RESORTS VICTORIA trading as FALLS CREEK ALPINE RESORT to the Authority Holder and is valid for the dates set out in Item 5 of the Authority Details.

In consideration of the payment of the Authority fee (if applicable) and Bond (if applicable) the conditions contained in this Authority, the Board or a person authorised by the Board, at the request of the Authority Holder HEREBY AUTHORISES the Authority Holder to use the Land described in this Authority for the specified purposes set out in this Authority. This Authority is subject to the provisions of the Crown Land (Reserves) Act 1978 (Vic) and the Alpine Resorts (Management) Act 1997 (Vic) and Regulations thereunder, the Conditions and Special Conditions set out in the Authority and any Statutory conditions or requirements.

1. This Authority is not valid until it has been signed by all parties, all required documentation has been supplied to the satisfaction of ARV and payment (if any) has been made. 

2. This Authority is an important document and should be stored in a secure and safe place. In the event of loss, a replacement fee may be charged.

Thank you for submitting your Helicopter Authority Application. Please note that our turn around times for approval can be up to 14 days.