Introduction
Since their inception in 1816, the Royal Botanic Garden and Domain (two estates of the Royal Botanic Gardens & Domain Trust) have been places visited by many different groups of people, partaking in a wide range of activities.
The primary goal for managing both estates has been to provide a safe and tranquil setting for the appreciation and conservation of plants. In recent years with the growing interest in healthy living and lifestyles the impact of active recreation pursuits has increased, particularly due to the increased number of personal trainers and fitness groups.
These groups compete with other Trust visitors and tourists for the access and use of the site. This policy has been prepared to establish the criteria and scope of activities for personal trainers and fitness groups conducting commercial business on Trust lands.
The Trust is always faced with the difficult task of achieving a balance between demand for general public expectations of access, tranquillity and botanic garden values, with the needs of commercial and event users.
Scope
The Royal Botanic Gardens and Domain Trust Act 1980 (clause 8.1(h)) enables the Trust to charge a fee for services. The Trust requires individuals or businesses who conduct commercial operations on Trust lands to:
- Obtain the written approval of the Trust
- Where considered appropriate pay a fee to the Trust for such commercial operations.
Royal Botanic Gardens and Domain Trust Regulation 2013
Part 10 Personal training and use of exercise equipment
47 Personal training in the Gardens
A person who, without the written consent of the Trust, conducts a fitness assessment, exercise class, personal training session or other exercise program in the Gardens is guilty of an offence.
Maximum penalty: 10 penalty units.
48 Personal training in the Domain
- Conducting a fitness assessment, exercise class, personal training session or other exercise program in the Domain privately is permissible.
- A person who, without the written consent of the Trust, conducts for commercial purposes, any fitness assessment, exercise class, personal training session or other exercise program in the Domain is guilty of an offence.
Maximum penalty: 10 penalty units.
49 Using exercise equipment in Gardens
A person who, without the written consent of the Trust, uses any exercise equipment in the Gardens is guilty of an offence.
Maximum penalty: 10 penalty units.
50 Leaving exercise equipment or other items in Gardens
A person who, without the written consent of the Trust, leaves any exercise equipment or other equipment or thing in the Gardens unattended for more than one hour is guilty of an offence.
Maximum penalty: 10 penalty units
This Policy defines a personal trainer or fitness group as an individual or group who are under the instruction or leadership of an individual who derives a fee for service.
Personal trainers will be allowed to conduct business in the Domain. No personal trainers will be allowed to conduct training programs or use equipment within the Royal Botanic Garden.
This policy will be reviewed every 2 years.
The Royal Botanic Gardens and Domain Trust Regulations 2013 clause 5.9 states, A person who, without the written consent of the Trust, conducts a fitness assessment, exercise class, personal training session or other exercise program in the Gardens is guilty of an offence.
- Trust Rangers are authorised to enforce the policy and issue penalties under the Trust Regulations.
- Penalties will be issued under Regulation 5.9 and are set at $650.00.
Key components
- Permits are only valid in the Domain, session are not permitted within the Royal Botanic Garden.
- To obtain a permit, personal trainers must demonstrate that they have completed an approved course and are registered with Fitness NSW or other recognised governing body. They must hold current first aid qualifications and workers compensation, public liability and professional indemnity insurance.
- A fee will be charged for all approved personal trainers with the option of 6 or 12 monthly permits.
- The permit is issued to an individual and not the organisation. Each trainer within the organisation conducting business on Trust Lands is required to be registered.
- Registered personal trainers are issued with a photo ID permit, a cone is also issued which must be clearly visible to Rangers and other personal trainers during training sessions. This cone remains the property of RBG and is to be returned when the permit expires.Each year RBG will provide trainers with a different coloured cone.
- Maximum size of a training group will be 12 people. Groups exceeding 12 have the option of booking through our Venue Services team.
- To allow for turf restoration personal trainers must not remain training on the same lawn/ field and are required to alternate training locations per session.
- Personal trainers are required to move on from areas which have been paid and booked for private use or public events.
- Personal trainers cannot book individual lawns/ fields.
- Permits are non-transferrable and non-refundable.
- Personal trainers have the option of advertising their business on our website, no additional charges apply.
- Permits shall not be sub-let or assign rights under this agreement.
- Activity on sandstone steps or structures is not permitted.
- The sale of promotional clothing, equipment, etc. and the distribution of brochures/ pamphlets is not permitted on Trust Lands.
Fees
The annual fee for all personal trainers conducting training sessions in the Domain is $1500.00inc GST per trainer, and 6month fee of $800.00inc GST.
Organisations or personal trainers who employ a number of staff must pay a fee for each staff member who conducts personal training programs on Trust lands, and provide the necessary credentials for each person licenced.
Implementation
There will be a staged implementation of the policy.
Licencing begun on 1 July 2006.
- All personal trainers and fitness groups encountered by Trust Rangers from 1 July 2006 are advised of the requirements for personal trainers implemented by the Trust.
- Completed application forms are to be sent to the Business Services, Royal Botanic Gardens & Domain Trust, Mrs Macquaries Road, Sydney NSW 2000.
- The licence will be in the form of an ID/credit card licence, including photograph.
- The licence together with a Code of Conduct (see below) will be sent to the personal trainer.
- Information signs have been erected at selected entry gates leading to the Royal Botanic Garden stating ‘Permits required for Commercial Activities’.
Enforcement
Trust Rangers can request confirmation from a personal trainer that they are licensed to operate on Trust lands. This must be demonstrated by the personal trainer presenting their licence for inspection.
- If a licence is not presented, the Ranger can issue a warning or issue a fine.
- In instances where the personal trainer does not have a licence, is in breach of the Code of Conduct or is considered a safety risk the Ranger can issue a fine in accordance with the Royal Botanic Gardens & Domain Trust Regulation 2002.
- The infringement will be actioned in a similar manner to normal Police Service Infringement Processing Bureau (SEINS) fines. The short code for this offence is OEG.
- The original of the infringement is handed to the infringing party and a copy sent to the Infringement Processing Bureau.
- A register will be developed listing repeat offenders.
- In instances where a warning is given, the personal trainer will be provided with a standard letter explaining the new licence operation and including an application form.
- Continued offences, or re-offending more than three times, will result in the personal trainer being banned from the site.
- Infringement Processing
- All infringements issued by Trust Rangers are sent to the State Debt Recovery Office.
- The infringement is then processed by the Infringement Processing Bureau for reconciliation of payments received.
- Offenders can pay the fine to the State Debt Recovery Office or place an objection. Objections are considered and if necessary returned to the Trust for consideration.
- Procedures for processing infringements are detailed in the Trust’s Pay Parking Procedures.
Personal Trainer Code of Conduct
As a Personal Trainer engaged in business on Royal Botanic Gardens & Domain Trust lands, you agree to:
General Conditions
- Be responsible for training groups whilst on Trust lands.
- Only conduct personal training activities in the Domain. Personal trainers are not permitted to perform any training activities if traversing the Royal Botanic Garden.
- Ensure that noise generated by the activity does not unduly affect other members of the public and that they are not adversely affected by the activity. No amplified sound is allowed.
- Keep all facilities on the site tidy and clean at all times.
- Conduct the activity in a proper and efficient manner so as to ensure that the use and enjoyment of Trust lands by the Trust and other members of the public will not be interfered with, prevented or adversely affected.
- Not liaise with the media or their representatives on any issue regarding the Botanic Gardens Trust without prior authority of the Trust.
- Be responsible for the security of any equipment under your control.
- Ensure that all staff and participants are briefed on this Code of Conduct and the conditions are adhered to at all times.
- Not conduct activities in areas which have been specifically booked for private or public use.
- You, your employees, sub-contractors and invitees comply with any reasonable request made of them by Trust staff prior to, during and after the activity.
- All regulations under the Royal Botanic Gardens and Domain Trust Act 1980 (as amended) are observed.
- Note that the Royal Botanic Gardens & Domain Trust does not provide exclusive use of the Domain. As a licensee, you should be aware that other activities may be occurring or in place during your period of use.
Access and Damage
- Ensure that no turf, vegetation, areas, relics, equipment, garden facilities and fixtures of the Trust are disturbed or damaged during your occupancy of the site. In the event that damage is so caused by you or your employees, contractors or invitees, you will inform us immediately and be liable for the cost of any repairs.
- Ensure that all vehicles associated with the activity only park in metered parking spaces.
- Not alter, add or affix any item, sign or poster within the Trust Lands without prior consultation with the Trust. Items must not be attached to trees, buildings, heritage features or other fixed structures.
- Not place pegs or stakes in the ground.
- Ensure that all waste and liquids are collected in suitable containers and disposed of off Trust Lands.
- Dispose of waste in receptacles provided by you or as otherwise agreed.
Insurances and Safety
- Provide the Trust with a copy of training qualifications which are approved by Fitness NSW or a relevant peak industry body.
- Provide the Trust with a copy of your current public liability, workers compensation and professional indemnity insurance.
- Provide the Trust with a copy of your current senior first aid certificate.