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Loan Agreement Form

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

Agreement and Receipt for Use of AMSA Owned National Plan Oil Pollution Equipment

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 equipment to the State or Territory authority on the terms set out below.

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1. Responsibilities of the Australian Maritime Safety Authority

1.1 Prior to receipt of new equipment by the State or Territory authority, AMSA shall ensure that equipment is in a satisfactory operating condition and that commissioning service procedures have been carried out.

1.2 AMSA shall provide service schedule maintenance sheets prior to receipt of new equipment by the State or Territory authority.

1.3 If AMSA determines it to be appropriate, AMSA will provide (at AMSA’s cost) operators nominated by the State or Territory authority with initial training in relation to the use of the equipment.

1.4 AMSA shall arrange for transport, and meet the costs involved, for initial delivery of the equipment at the commencement of the loan, collection of equipment at the end of the loan, and in the event of equipment 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 equipment movement.

1.5 AMSA shall meet costs associated with modifications to improve or maintain the performance of equipment, including costs associated with the normal wear and tear. Any additions, replacements, modifications or alterations to the equipment shall be considered part of the equipment owned by AMSA. 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 equipment is lost, stolen or damaged as a result of inadequate storage or security.

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2. Responsibilities of the State or Territory authority

2.1 The State or Territory authority shall at its own cost provide ongoing training for operators of equipment and ensure that equipment is operated 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 National Plan equipment on loan is maintained in efficient working condition and available for immediate use.

2.3 The State or Territory authority shall at its own cost comply with any applicable service schedule determined by AMSA, in line with manufacturer's specifications, and meet associated costs.

2.4 The State or Territory authority shall at its own cost keep all National Plan floating plant under State survey in accordance with the USL Code.

2.5 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 equipment.

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

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

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 equipment 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 the location of each piece of equipment listed as part of this agreement.

2.9 The State or Territory authority shall ensure that any equipment is not used without AMSA’s prior consent by any person other than the State or Territory authority. If AMSA consents to the equipment 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 any equipment 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 and within one month of the end of each financial year during the term of the agreement, advise AMSA of any discrepancies between the equipment on-site and the equipment listed in the schedule.

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

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

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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 piece of equipment 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: 12 July 2005