Rail Trail Pass

The objectives for the Rail Trail Pass are to:

• Provide an efficient, equitable, consistent and customer focused program
• Encourage sustainable use of the Rail Trail
• Ensure organised groups are appropriately and equitably managed
• Promote best practice standards
• Set compliance and monitoring standards
• Recognise and support commercial partnerships to grow visitation to the Northern Rivers region which will deliver economic benefits for the region and its community
• Ensure that commercial activities are aligned with Rail Trail values including discovery, freedom, connection, fun and sustainability.

It is the nature of the activity, rather than the organisation itself, that will determine whether a permit is required. Whether an activity is deemed commercial depends on a range of factors; for example, some not-for-profit organisations conduct tours and/or activities for financial return over and above base operating costs. In this situation, the operator would require a licence.

A commercial tour activity will include some or all of the following elements:

• a principal commercial purpose or aim to profit
• the activity is ongoing or regular
• an entry, participation or membership fee is collected to cover indirect expenses as well as direct expenses
• the activity, course, tour or transport is provided free of charge but in conjunction with another commercial product or service
• the activity is available to the general public rather than a specific membership group
• a service (such as a guide or experience) is provided and they are paid or compensated.

Transportation services to or from the Rail Trail, without a guided tour, do not require a permit through the Rail Trail Pass program.

Private groups (30 people or less) and individuals undertaking recreational or educational activities (and not conducting a business or commercial activity) do not require a permit through the Rail Trail Pass program. A ‘commercial activity’ is not occurring where an activity may be better described as a form of recreation, a hobby or a sporting activity where no profit is being made.

The following entities do not require a Rail Trail Pass permit:

• sport and recreation clubs (please refer to Events and Filming permit requirements)
• groups and individuals that are not business entities who provide services to their members and do not receive financial reward beyond direct cost recovery (e.g. bushwalking clubs, bird watching groups)
• schools, TAFEs and universities where the activities are provided as part of the curriculum
• those conducting a one-off event or a series of events in a year approved by Rail Trail (please refer to the Events and Filming permit requirements)
• those with approval from Council provided via another Council event or small-scale event process.

Note – some of the above entities may require a consent (outside of the Rail Trail Pass permit) for an organised activity. Please note that all clubs, groups, and organisations wishing to undertake activities that do not require a licence will still be expected to adhere to the same activity, environmental and safety standards required of Rail Trail Pass permit operators when undertaking activities on the Rail Trail.

Rail Trail commercial tours can be one-off activities, or they could be recurring. In some instances, a Rail Trail Pass permit may be issued for a specified term (maximum 12 months) to cover recurring events. However, the Rail Trail commercial tour operator must advise Council of each individual Rail Trail commercial tour, in advance (minimum of two (2) weeks’ notice is required).

For the avoidance of doubt, the following types of organised activities are excluded from this application process:

• any council-led activities or events
• markets held at the Murwillumbah Railway Station or other historical station platform locations

If you are unsure whether a Rail Trail Pass permit is required or not, please contact connect@northernriversrailtrail.com.au with details of your on-trail commercial tour. If a Rail Trail Pass permit is required, an application form is accessible on the website.

Once all the required information is received, Council will assess your application and consult with other parties who may be affected.

Applying for a permit does not guarantee approval.

A permit does not guarantee exclusive use. The Rail Trail is a shared-use recreational trail that is available for the public to use.

All Rail Trail users must abide by the Northern Rivers Rail Trail Safety and Rules.

It is the responsibility of the Rail Trail Pass permit holder to obtain written acknowledgement from all on-trail commercial tour participants that they are using the Rail Trail at their own risk and that they will abide by the Northern Rivers Rail Trail Safety and Rules. On-trail commercial tour participants do not have right-of-way over other Rail Trail users.

The Rail Trail Pass permit will cover your use of the Rail Trail only. If you plan to use a park reserve or other facility that does not form part of the Rail Trail, then you will need to seek approval from the Council by contacting them directly.

Commercial operators using the Northern Rivers Rail Trail agree that they will pay the Rail Trail Pass fees to Council as set out in Council’s Fees & Charges.

There will be an annual fee charged, plus a per person per tour charge.

A spreadsheet will be provided to each Rail Trail Pass holder to populate quarterly, with invoicing to take place at the end of each year.

Fee schedule for organised tour groups (max group size 30 pax)

Temporary site fees (e.g. picnics/ food trucks)

Risk management planning and Incident Reporting

A risk management plan (RMP) should form part of your business plan and is an essential part of planning any event or commercial operators. A RMP does not seek to remove risk all together but rather identifies all the potential risks that may arise from holding an event along with appropriate control measures that will be put in place to reduce or mitigate their impact.

A risk is the chance of something happening that will affect objectives or negatively impact either a person, reputation or finances. Risks are also measured in terms of event likelihood and consequences.

It is up to the commercial operator conducting activities on the NRRT to undertake a full risk assessment.

Assessing risk

The Tweed Shire Council section of the NRRT is a 24-kilometer recreational trail and there are many inherent risks to running an event or commercial tour on the trail.

The following things should be taken into consideration when conducting your risk assessment:

• existing risks of the rail trail
  • road crossings
  • interaction with livestock/animals on the rail trail
  • risks the event or commercial tour creates
  • interaction with other rail trail users
  • health and safety of event or commercial tour participants (for example, participant injures themselves or has a medical emergency during the event or commercial tour)
  • the impact to surrounding residences and businesses, including noise impacts
  • damage to the trail and areas of natural vegetation
  • external risks that the event or commercial tour organiser has little control over but may need to be managed
  • extreme weather
  • in the unlikely scenario that the event or commercial tour is cancelled after it has commenced (e.g., due to a bushfire), who is responsible for ensuring all people are safe and accounted for?

*A Risk Management Plan is required to be submitted to Council on request.

Incident reporting

Any accident or incident that occurs during an event or commercial tour must be reported to Council via our report a problem/ incident form on the Northern Rivers Rail Trail website. It is recommended that commercial operators have an incident reporting system in place to manage the documenting of any accidents or incidents that occur in your commercial operation.

We have developed an easy-to-use online application form to make the Rail Trail Pass permit application process as seamless as possible. The application form is set up in 3 parts.

1. Application form and registration details
2. Business Plan
3. Copy of a Certificate of Currency (Public Liability Insurance)

Business Plan

All applicants will need to complete the Business Plan section to submit an application for the Rail Trail pass. You will need to answer a series of questions to complete a summarised business plan. This is a part of the online form and will ask for short summaries regarding the following areas.

• An overview of your business
• Codes of practice
• Industry Standards
• Organisational details
• Responsible marketing
• Continuous improvement

*All applicants will need to complete the business plan section to submit an application for the Rail Trail Pass.

Public Liability Insurance

All Rail Trail Pass permit holders utilising the Northern Rivers Rail Trail are required to have Public Liability Insurance. Public Liability Insurance must:

• have a minimum cover of $20 million
• cover the dates of the on-trail commercial tour or cover the duration of the Rail Trail Pass permit
• be held with an insurance company licensed to operate in Australia
• list Tweed Shire Council as an ‘interested party’
• be included in your application for a Rail Trail Pass permit before your application will be assessed.

If any event occurs which may give rise to a claim involving the Rail Trail Pass holder under any insurance policy held by the Rail Trail Pass holder, the Rail Trail Pass Holder agrees to notify Council within 14 days and will ensure Council is kept fully informed of any subsequent actions and developments concerning the claim.

Once the above is provided, Council will assess your application and send you an invoice for the applicable fee. The fees will be set out on Council’s Fees & Charges page.

Once you have been approved for your Rail Trail Pass, the Rail Trail operations team will meet with you over the phone or in person to discuss your business and ensure you are fully aware of the obligations of being a permitted operator.

Once the fee is paid, you will be issued with your permit.

Environmental Sustainability

Council will work with operators on the Rail Trail to manage visitor impacts to ensure that the natural values of the rail trail are protected.

All permitted operators must ensure the sustainable appropriate use of the Rail Trail by informing and educating their clients and always operating in a sustainable manner.

Compliance and monitoring

Council will undertake compliance monitoring in accordance with internal policies and procedures, ensuring it does so in a measured, reasonable, and proportionate way.

Where a breach of a Rail Trail Pass permit condition occurs, Council may suspend or terminate a permit.

Conditions of permit

By applying for this permit, you agree to the terms and conditions as set out in the application requirements on this website for the Rail Trail Pass.

All Rail Trail operators and users must abide by the Northern Rivers Rail Trail Safety and Rules.

It is the responsibility of the Rail Trail Pass permit holder to obtain written acknowledgement from all on-trail commercial tour participants that they are using the Rail Trail at their own risk and that they will abide by the Northern Rivers Rail Trail Safety and Rules. On-trail commercial tour participants do not have right-of-way over other Rail Trail users.

The Rail Trail Pass permit will cover use of the Rail Trail only. If you plan to use a park reserve or other facility that does not form part of the Rail Trail, then you will need to seek approval from the Council by contacting them directly.

When designing and developing brochures and other marketing materials, The Rail Trail Pass permit holder agrees to use official assets provided via Brandkit (maps, images, logos) prepared by Tweed Shire Council. If the permit holder is using their own imagery, all pictures must adhere to the safety requirements of the Rail Trail. E.g., biker riders must be photographed wearing a helmet.

When commercially hiring bikes, all bikes must have a light and a bell to meet the safety requirements of the Rail Trail, and all equipment for hire must be well maintained.

Businesses must not incorporate the name ‘Northern Rivers Rail Trail’ or any variation of it directly into their business names.