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Agreement and Receipt for use of National Plan Oiled Wildlife Response Kits

National Plan to Combat Pollution of the Sea by Oil and other Noxious and Hazardous Substances

Owner: Australian Maritime Safety Authority

State/Territory Authority:   .................................

Location: ……………………………………………

Equipment Item:   …………………………………

Make/Serial No:    .…………………………………

As part of the National Plan to Combat Pollution of the Sea by Oil and Other Noxious and Hazardous Substances, AMSA agrees to loan the Oiled Wildlife Response Kits to the State or Territory authority on the terms set out below.

 

1. Responsibilities of the Australian Maritime Safety Authority

1.1 Prior to receipt of a new kit by the State or Territory authority, AMSA shall ensure that the kit is complete and ready for use

1.4 AMSA shall arrange for transport, and meet the costs involved, for initial delivery of the kit at the commencement of the loan, collection of the kit at the end of the loan, and in the event of the kit being required at a location in another State/Territory during the term of the loan. AMSA shall inform the State or Territory authority of any movement of the kit.

1.5 AMSA shall meet costs associated with changes to improve the performance of the kit or new additions to the kit. AMSA will not meet cost incurred as a result of fault or negligence on the part of the custodian.

1.6 AMSA shall insure all National Plan equipment. This insurance will not meet cost incurred where components of the kit are lost, stolen or damaged as a result of inadequate storage or security.

1.7 AMSA shall meet costs associated with replacing items used in responding to a marine pollution incident within its jurisdiction.

2. Responsibilities of the State or Territory authority

2.1 The State or Territory authority shall at its own cost provide ongoing training for users of the kit and ensure that kits are used only by competent, trained and, where appropriate, licensed personnel and by appropriate methods and standards of operation.

2.2 The State or Territory authority shall ensure that the kits are maintained and available for immediate use.

2.3 The State or Territory authority shall at its own cost ensure that a log book is maintained to record usage, performances and maintenance details of the kit.

2.4 The State or Territory authority shall at its own cost replace medical/veterinary supplies and other perishable items prior to their expiry date.  

2.5 The State or Territory authority shall provide AMSA (and shall ensure that any third party also provides AMSA) with reasonable access to the kit for any purpose, including inspection of log book and audits. AMSA will provide State or Territory authority or any third party with adequate notification of access requirements.

2.6 The State or Territory authority shall ensure that no modifications are made to the kit without AMSA’s prior consent.

2.7 The State or Territory authority shall at its own cost replace any items used in responding to a marine pollution incident within the State or Territories jurisdiction.

2.8 Other than during any temporary interstate relocation under clause 1.4, the State and Territory authority shall at its own cost ensure that the kit is stored and secured in accordance with the arrangements agreed between the parties prior to delivery of the equipment to the State or Territory authority.The State or Territory authority shall inform AMSA of the location of each piece of the kit listed as part of this agreement. The State or Territory shall also inform AMSA of any movements of the kit.

2.9 The State or Territory authority shall ensure that the kit is not used without AMSA’s prior consent by any person other than the State or Territory authority. If AMSA consents to the kit being used by a third party, such usage shall be subject to the National Plan Equipment Hire Agreement.

2.10 The State or Territory authority shall ensure that the kit is not used without AMSA’s prior consent for any purpose other than a purpose related to the National Plan. If AMSA consents to the equipment for such other purpose, the State or Territory authority shall contribute to the cost of increased maintenance.

2.11 The State or Territory authority shall at its own cost conduct a stocktake every six months during the term of the agreement and advise AMSA of any discrepancies between the the content of the kit on-site and the items listed in the schedule.

2.12 The State or Territory shall arrange to have a licenced veterinarian available to oversee operation of the the kit in the event of the kit being required for response to an incident. 

2.13 The State or Territory shall provide AMSA with the contact details of the officer overseeing storage and security of the kit as well as the contact details for the aforementioned veterinarian. 

2.14 The State or Territory may discharge this responsibility in respect of 2.2, 2.3, 2.4, 2.5 and 2.8 by:

  1. making arrangements with, or requiring, port authorities to carry out the necessary actions; or
  2. carrying out the necessary actions at its own cost or using any funds that may be provided for this purpose from any other source.

3. Term of agreement

3.1 This agreement commences when it has been signed by both parties. Either party may terminate this agreement by 14 days written notice to the other. Such a notice will terminate all loans made under this agreement.

3.2 The loan of each kit commences upon delivery to the State or Territory authority. Unless terminated earlier, the loan will end on the date set out in the schedule (if any). A loan will end prior to this date if this agreement is terminated or either party gives 14 days written notice to the other terminating that loan. The last day of the loan will be the later of the termination date specified in the notice (if any) or the date which is 14 days after the giving of the notice.  

State/NT Representative ……………………

Signature ............................... Date  /   /

AMSA Representative ……………………

Signature ................................ Date /  /

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last updated: 24 July 2001