The objectives for the Rail Trail Commerical Operator Permits 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 permit.

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 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 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 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 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 permit is required or not, please contact connect@northernriversrailtrail.com.au with details of your on-trail commercial tour. If a Rail Trail 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 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 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 Permit 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 Permit holder to populate quarterly, with invoicing to take place at the end of each year.

Fee schedule

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 km 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 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 permit before your application will be assessed.

If any event occurs which may give rise to a claim involving the permit holder under any insurance policy held by the permit holder, the Rail Trail permit 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 Permit, 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 permit condition occurs, Council may suspend or terminate a permit.

Terms and Conditions 

All businesses or individuals that conduct a Commercial Activity on the Rail Trail must obtain a Commercial Operator Permit. 

By applying for and operating under the Commercial Operator Permit, the Permit Holder agrees to comply with the following terms and conditions.  

1. Definitions

“Commercial Activity” refers to any activity undertaken for financial gain that uses the Rail Trail as part of its delivery. 

‘Commercial Operator Permit’ means the Rail Trail Commercial Operator Permit. 

“Permit Holder” refers to the business or individual granted a Commercial Operator Permit to operate commercially on the Rail Trail and their employees, contractors, servants, agents, or other person under the Permit Holder’s direct or indirect control and includes any sub-contractors.  

‘Rail Trail’ means the Northern Rivers Rail Trail. 

‘Rail Trail Safety and Rules’ means those safety rules published at Safety and rules | Northern Rivers Rail Trail. 

2. General Conditions

All Permit Holders and their clients agree to abide by the Rail Trail Safety and Rules. 

This Commercial Operator Permit does not guarantee the Permit Holder with exclusive access to the Rail Trail. The Rail Trail is a shared-use, public facility for recreational purposes. 

This Commercial Operator Permit only covers the Permit Holders use of the Rail Trail. If the Permit Holder intends to use adjacent parks, reserves, or Council-owned facilities not forming part of the Rail Trail, then separate approval must be obtained from the relevant Council. 

Council reserves the right to undertake compliance monitoring in accordance with internal policies and procedures in a fair, reasonable, and proportionate manner. Breaches of these conditions may result in suspension or termination of the Commercial Operator Permit. 

3. Risk and Acknowledgement

The Permit Holder will ensure that all commercial tour participants provide written acknowledgement to the Permit Holder that they: 

• are using the Rail Trail at their own risk; and 

• agree to comply with the Rail Trail Safety and Rules. 

Commercial tour participants do not have right-of-way over other Rail Trail users. 

4. Marketing and Communications

All marketing, brochures, and communications materials must: 

• Use official Rail Trail assets (logos, maps, images) provided through Brandkit. 

• If using your own imagery, comply with Rail Trail Safety and Rules (e.g., cyclists must be shown wearing helmets). 

Businesses must not use the name “Northern Rivers Rail Trail” or any variation in their registered business name. 

5. Equipment Standards and Safety

All hire bikes must be: 

• well maintained. 

• fitted with a bell and a light to comply with Rail Trail Safety and Rules. 

All hire equipment must be maintained to a safe, commercial standard that aligns with Australian Standards. 

6. Sustainability and Client Conduct

Permit Holders must actively promote the sustainable and appropriate use of the Rail Trail. 

This includes educating clients on how to use the Rail Trail respectfully and responsibly. 

7. Incident Reporting

Any accident, safety issue, or incident involving the Permit Holders business or clients must be reported by the Permit Holder within 12 hours via the official form at:
northernriversrailtrail.com.au/report-problem-incident 

8. Data Sharing and Collaboration

Permit Holders agree to share visitor data and consumer insights with the Rail Trail. This collaboration aims to enhance the Rail Trail experience and support its ongoing development via accurate insights from industry.  

9. Legal Compliance

Permit Holders must ensure compliance with all applicable state and federal laws relating to bicycle usage, safety regulations, e-bike operations, and any legislative changes affecting their commercial activities on the Rail Trail.  

10. Fees and payments 

Permit Holders will be required to pay the annual fee for Commercial Operator Permit as set out in Council’s Fees & Charges. 

Council will forward an invoice to the Permit Holder for the annual fee.  

A failure by the Permit Holder to pay the fee will result in the Commercial Operator Permit not being renewed. 

11. Indemnity

It is an essential term of this Commercial Operator Permit that the Permit Holder must indemnify and keep indemnified the Council from and against all actions, suits, claims, costs, expenses, losses (including indirect and consequential losses), debts, obligations and other liabilities suffered by the Council during or after the term of the Commercial Operator Permit arising directly or indirectly in connection with: 

• any failure by the Permit Holder to comply with this Commercial Operator Permit, and  

• any act, omission, neglect or default of the Permit Holder or its agents, employees, licensees or customers except to the extent that any such action, suit, claim, cost, expense, loss, debt, obligation or other liability arises from a wilful, reckless or negligent act, omission, neglect or default of the Council. 

The above clause has continuing effect notwithstanding the termination of this Commercial Operator Permit for any reason. 

12. Insurance

By applying for this Commercial Operator Permit you confirm that you have obtained and will maintain public liability insurance for your business operations.  

• Not later than the Commencement Date, the Permit Holder must take out a public liability policy of insurance naming the Council as an interested party in respect of any one occurrence of not less than $20,000,000.00 in relation to liability for loss or damage to property, and death of, or injury to, any person, arising in connection with the use of the Rail Trail in connection with this Commercial Operator Permit, and    
• The Permit Holder must ensure that the policy is maintained and kept current at all times,the Permit Holder must not cause, suffer or permit anything to be done that may result in the policy becoming void or voidable. 

13. Acknowledgement

By submitting an application and/or operating under this permit, you acknowledge and accept these terms and conditions. These Terms and Conditions are subject to change, and Council reserves the right to update them at any time throughout the year. Please check this page regularly for the most current version.