Rail Trail Pass application form

Rail Trail Pass Program for commercial operators

Contact details

Business details

Privacy and protection of personal information

  • We are collecting this information to help process your Rail Trail Pass Program for commercial operators application.
  • The information will be available to Tweed Shire Council staff, and any approved contractors or agencies required to administer the program.
  • Information provided is voluntary. Without this information, we will not be able to consider your business or experience for the program.
  • Tweed Shire Council is collecting this information and will store it securely. Stored information is located at Civic Centre, Murwillumbah NSW 2484 and Amazon's AWS cloud services in Sydney, Australia.
  • Call us on 02 6673 0404 or email connect@northernriversrailtrail.com.au to access or correct your personal information.

Pass duration

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. 

Business plan information

This template outlines the information that you need to provide for your business plan. Each section includes guidance notes on what to include and, in some cases, a word limit. Please complete this application form with the information relevant to your company/operation.

Overview of business

Please include the following:

What does your business do? Include what activities you would like to conduct in the on the Northern Rivers Rail Trail.

Who is your target market(s)?

What is your unique selling point(s)?

How many visitors do you expect to attract to the Rail Trail annually?

Codes of practice

Please provide an outline of how your business objectives and standards relate to the environment, your staff and customer service.

Codes of practice - environment

Provide details of how your business will fulfil the following environmental requirements. Specific environmental sustainability and minimal impact practices and expectations will vary depending upon your type of activity.

Explain to customers how negative impacts on sites can be avoided.

Build an understanding of natural and cultural heritage conservation management.

Provide good interpretation and education.

Honour historic places.

Promote respect for Aboriginal culture and sites.

Observe rules to protect conservation values and public safety.

Adopt environmental practices which support environmental sustainability.

Adopt minimal impact practices for all activities.

Codes of practice - staff

What standards you expect from your staff and an outline of your ‘corporate’ philosophy. For example, you could include details of the values you expect from your staff (such as friendly, supportive, organised and well-prepared).

Codes of practice - customer service

Customer service philosophy and goals.

Industry standards

Provide details of any industry standards, such as Outdoor Council of Australia – Australian Adventure Activity Standards and Good Practice Guides, that you have adopted or that apply to your operations.

Industry standards are voluntary guidelines describing industry-recognised standards of practice and have been developed for many activities, such as bike riding, bushwalking, adventure activities and horse riding.

Organisation

Details of the ‘corporate’ structure of your organisation along with staff competencies/qualifications, training and development.

You must ensure that all your guides and employees have and maintain the relevant competencies and skills for leading and guiding your activities. Please provide details of your staff skills, qualification and experience requirements.

You may also have guidelines, such as guides/instructors’ handbooks (including lists of duties and terms of employment), that you have prepared for your staff in relation to your activities. Please also provide details of ongoing training and performance monitoring.

Please complete the text box below, or upload your files.

Risk Management / Emergency response plan

You must maintain an Emergency Response Plan for each activity which outlines procedures to be followed in the event of natural or other disaster, injury, illness or delay. Foreseeable risks should be identified, and strategies should be developed to avoid or minimise these risks. Your plan must include information to assist your staff to minimise the escalation of the situation, the injuries incurred and the likelihood of further incidents occurring.

Your industry body may well provide established risk management guidelines that you may adapt to your specific business. However, your plan must be specific to your planned activities.

Your staff must be familiar with your Emergency Response Plan and able to access a copy when carrying out the activity. Provide as much detail as possible to properly assess and manage risk in your business operations.

Your Emergency Response Plan should include details on the following areas:

identifying hazards and assessing risks

management of risks

incident/emergency response procedures and a copy of your activity incident report

client - staff ratios

activity equipment standards

first aid qualifications and equipment

equipment maintenance and replacement procedures

weather contingencies

documentation and record keeping.

An effective risk management plan should involve the following series of steps (Australian Standard AS/NZS 4360 Risk Management):

Step 1 – Identify all hazards.

Step 2 – Assess and prioritise the risks these hazards create, deal with highest priority risk first.

Step 3 – Decide on measures to control the risks (e.g. eliminate the risk, substitute a venue and use personal protective equipment).

Step 4 – Implement appropriate control measures.

Step 5 – Monitor the control measures and review the process.

Responsible marketing

Continuous improvement

A final key element of any business plan is a policy on how to continuously improve your business.  

Think about quality standards and accreditation, monitoring procedures, client profiles, client satisfaction reports, environmental performance guidelines and goals and risk management procedures

Public liability

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’

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