REGULATIONS BRISBANE MARKETS
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BRISBANE MARKETS® REGULATIONS
Brisbane Markets Limited ABN 39 064 983 017 PO Box 80 Brisbane Markets Queensland 4106 Australia Telephone: 61 7 3915 4200 Facsimile: 61 7 3915 4291 Internet: www.brisbanemarkets.com.au Email: admin@brisbanemarkets.com.au Approved for issue and use Andrew Young Chief Executive Officer November 2016
Contents
SECTION 1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 8 Preservation of Site Safety
1.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 and Markets Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.2 Work Health And Safety (WHS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8.1 Obligation to Ensure Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.3 Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8.2 No Alterations, Additions or Interference. . . . . . . . . . . . . . . 21
1.4 Traffic Management Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8.3 Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1.5 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 9 Environment and
SECTION 2 General Access Requirements. . . . . . . . 2 Waste Management. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2.1 Personal Protective Equipment (PPE) and High 9.1 Environmental Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Visibility Safety Garments (HVSG) Rules. . . . . . . . . . . . . . . . 2 9.2 Particular Environmental Requirements for
2.2 Exemptions to PPE and HVSG Rules. . . . . . . . . . . . . . . . . . . . . . 2 Tenants and Persons within the
2.3 Obey Authorised Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Brisbane Markets® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2.4 Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 10 Notices and Remedial Actions. . . . . 23
SECTION 3 Access Control Rules 10.1 Remedial Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Brisbane Markets® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10.2 Promotion of Safe Working Environment. . . . . . . . . . . . . 23
3.1 Requirement for Access Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10.3 Service of Notice of a Breach of the Brisbane
3.2 Access Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Markets® Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.3 Pedestrian Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10.4 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.4 Vehicular Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10.5 Final Warnings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.5 LPR Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10.6 Review of Infringements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.6 Access - Tenants and Tenant Employees . . . . . . . . . . . . . . . . 5 10.7 Conduct of Inquiries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.7 Access - Buyers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10.8 Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3.8 Access – Buyers’ Materials Handling Rules. . . . . . . . . . . . . . 6 SECTION 11 General Requirements. . . . . . . . . . . . . . . . . . . 26
3.9 Access – Service Providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11.1 Limits of BML’s Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.10 Access - Visitors and Suppliers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11.2 Variation of Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.11 Access - the General Public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11.3 Notices and Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
SECTION 4 Conduct Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11.4 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4.1 Prohibited Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11.5 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.2 Unlawful Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11.6 GST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
4.3 Conduct of Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 12 Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
SECTION 5 Traffic Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 12A Control Measures - Notifiable
5.1 Traffic Management Plan (TMP). . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Diseases and Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5.2 Vehicle and Pedestrian Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12A.1 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5.3 Parking Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12A.2 Remedial Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5.4 Delivering And Unloading Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12A.3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.5 Transhipping Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SECTION 12B Drug and Alcohol Testing at the
SECTION 6 Forklift Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Brisbane Markets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
6.1 Forklift Operating Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12B.1 Prohibited Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
6.2 Forklift Operating Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12B.2 Objective – Drug and Alcohol Testing. . . . . . . . . . . . . . . . . . . . 31
6.3 Forklift Registration – Application Requirements. . . 16 12B.3 Testing Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
6.4 Forklift Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12B.4 Remedial Actions for a Positive Alcohol Breath
6.5 Obey an Authorised Officer’s Direction. . . . . . . . . . . . . . . . . 17 Test Result, or Non-negative Drug Indicator
6.6 Liability of Forklift Owners and Users. . . . . . . . . . . . . . . . . . . . 18 Test Result, or Positive Drug Test Result. . . . . . . . . . . . . . . . 31
6.7 Forklift Operator’s Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12B.5 Remedial Actions – Refusal to take
6.8 Forklift Operating Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 a Random Test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
12B.6 Show Cause Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
SECTION 7 Incidents and 12B.7 Appeal Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Emergency Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12B.8 Employer Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.1 Report Incidents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12B.9 Annual FOP Renewals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.2 Report Risks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12B.10Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7.3 Emergency and Evacuation Procedures. . . . . . . . . . . . . . . 20
SECTION 13 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SCHEDULE 1 General Terms and Conditions
of Entry to the Brisbane Markets® . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 1: Introduction | BRISBANE MARKETS® REGULATIONS iii
Section 1 INTRODUCTION
1.1 GENERAL use and operation of the Brisbane Markets®,
(a) Brisbane Markets Limited ABN 39 064 983 017 including but not limited to Policies regarding
(BML) is the owner and manager of the insurance compliance, Tenant alterations and
Brisbane Markets® complex. BML’s primary additions, service provider access, privacy,
business operations at this Site include: transactions with Tenancy Agreements, and the
Sale of Goods (the Policies).
(i) management and maintenance of buildings,
Site facilities, services and infrastructure; (b) Each Person must comply with all Policies issued
and implemented by BML for the Brisbane
(ii) management of Tenancy Agreements and Markets® from time to time.
Tenancy Areas of buildings and land within
the Brisbane Markets®; (c) The Policies are deemed to form part of these
Regulations.
(iii) the ongoing development, redevelopment
and improvement of the Brisbane Markets®, (d) In the event of any inconsistency between the
and Brisbane Markets® Regulations and the Policies,
the Policies shall prevail.
(iv) the management and regulation of
Site security, cleanliness, Waste, pest 1.4 TRAFFIC MANAGEMENT PLAN
management, Vehicle and Pedestrian traffic (a) The Traffic Management Plan (TMP) for
management, parking and safety in the the Brisbane Markets® is attached to these
Common Areas. Regulations and forms part of these Regulations.
The TMP is to be read in conjunction with these
(b) These Brisbane Markets® Regulations (the
Regulations.
Regulations) are intended to:
(i) provide without limitation rules for Site
1.5 SCOPE
access, traffic management, Waste and pest (a) These Brisbane Markets® Regulations apply to
management, compliance with laws and the Northern Industrial Precinct which is the area
remedial actions. highlighted in blue on the Site map below. Terms
including “this Site” and “the Brisbane Markets®”
(ii) minimise the risk of loss, damage, death
have the same meaning in these Regulations as
or injury being sustained to Persons or
the Northern Industrial Precinct.
property at this Site and to promote the
safe, effective and efficient operation of the
Brisbane Markets®.
(c) These Regulations apply to all Persons entering
the Brisbane Markets® who, by virtue of entry,
agree to be legally bound by and to comply
M1
F1
L1
with the same. In particular, all Tenants of the R
P
O
Brisbane Markets® have a responsibility to N
ensure that their Tenant Employees and Service I
Q M L
Providers comply with these Regulations and K J S D
the General Terms and Conditions of Entry to
TROPICANA
Y X
the Brisbane Markets® (Schedule 1).
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C B A
1.2 WORK HEALTH AND SAFETY Y1 Y2 F
W U THE
FRESH
CENTRE
(WHS) G1
G
H
NORT
(a) The Regulations that relate to traffic rules at
S
H
E
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R
W
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this Site are based on these WHS legislative
D
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requirements. OAKVILLE
PRODUCE
LEGEND
K1
1.3 POLICIES
NORTHERN INDUSTRIAL CHEP
(a) BML reserves the right to develop and PRECINCT J1
implement Policies regarding any aspect of the MARTIN
BROWER
AUSTRALIA
Section 1: Introduction | BRISBANE MARKETS® REGULATIONS 1
Section 2 GENERAL ACCESS REQUIREMENTS
2.1 PERSONAL PROTECTIVE 2.3 OBEY AUTHORISED OFFICERS
EQUIPMENT (PPE) AND HIGH (a) Every Person while in the Brisbane Markets®
VISIBILITY SAFETY GARMENTS must:
(HVSG) RULES
(i) promptly obey all instructions and directions
(a) All Persons accessing the Brisbane Markets®
given or made by an Authorised Officer;
must, as a condition of entry, wear HVSG and
PPE at all times while: (ii) comply with the General Terms and
Conditions of Entry and these Brisbane
(i) outside of a Tenancy Area; and
Markets® Regulations; and.
(ii) operating Vehicles that are not enclosed
(iii) on the request of an Authorised Officer,
including without limitation forklifts,
produce their Access Card or other authority
scooters, golf buggies or bikes.
to be in the Brisbane Markets®.
2.2 EXEMPTIONS TO PPE AND HVSG 2.4 CHILDREN
RULES
(a) All children up to and including the age of
(a) The General Public is exempt from the
fifteen (15) years must at all times, while in
requirement of wearing PPE and HVSG when
the Brisbane Markets®, be accompanied and
entering this Site during the General Public Entry
supervised by an adult.
Days for the sole purpose of purchasing Goods
from the CTA.
2 BRISBANE MARKETS® REGULATIONS | Section 2: General Access Requirements
Section 3 ACCESS CONTROL RULES BRISBANE MARKETS®
3.1 REQUIREMENT FOR ACCESS 3.3 PEDESTRIAN ACCESS
CONTROL (a) Authorised Persons may access the Brisbane
(a) The Brisbane Markets® are access controlled to Markets® through turnstile gates. Access Cards
regulate: must be swiped at the Proximity Readers at
each entrance point.
(i) the Sale and marketing of Goods;
(b) Pedestrian access through the boom gated
(ii) the safe, secure operation of the Brisbane
entrances is prohibited.
Markets®.
(b) Access to the Brisbane Markets® is limited to:
3.4 VEHICULAR ACCESS
(a) Vehicular access to the Brisbane Markets® is by
(i) Authorised Persons who are issued with
way of four boom gated entrances:
Access Cards;
(i) Main Entrance Gate House;
(ii) Licence Plate Recognition Technology (LPR)
registered Vehicles (LPR Vehicles); (ii) Western Access Road Gatehouse;
(iii) bona fide Visitors; and (iii) Curzon Street Gate; and
(iv) access approved Service Providers. (iv) Tiger Gate.
(c) Authorised Persons may only enter the Brisbane (b) Tailgating by Vehicles through the boom gated
Markets® in accordance with the times endorsed entrances is prohibited.
on their Access Card or, if no hours are specified, (c) See the Traffic Management Plan for more
the access times designated by BML for the information on the operating times of the boom
category of Access Card that has been issued to gated entrances.
the Authorised Person.
3.5 LPR TECHNOLOGY
3.2 ACCESS RESTRICTIONS
(a) BML employs LPR Technology at the boom-
(a) For the avoidance of doubt, Access Cards are gated entrances of the Brisbane Markets®.
only issued to those Persons: Tenants, Buyers, Service Providers and
(i) who have applied for an access category to Transporters may apply to BML to have their
the Brisbane Markets® and that application Vehicles LPR registered to provide these
has been approved by BML; and Vehicles with automatic access to the Brisbane
Markets® (LPR Registration).
(ii) who have successfully completed a BML
Site Induction within the last 12 months (b) LPR Registration is subject to a number of
(Authorised Persons). conditions as determined by BML from time to
time in its absolute discretion.
(b) An Access Card may not be used by a Person to
access the Brisbane Markets® where: (c) All other Vehicle access to the Brisbane Markets®
is by Access Card or is subject to an Authorised
(i) the Access Card was not issued to that
Officer, in its absolute discretion, permitting
Person; and/or
entrance.
(ii) the Person is no longer employed by the
(d) There are four categories of LPR Registration:
Tenant, Buyer or Service Provider endorsed
on the Access Card. (i) Tenant LPR Vehicle Registration.
(c) Authorised Persons may only enter the Brisbane BML will approve applications for LPR
Markets® in accordance with their Access Card Registration from Tenants and Tenant
Category. Employees who:
are Authorised Persons;
(d) Any conditions contained in an Access Card
approved application are deemed to be own or drive a lawfully registered and
obligations under these Regulations. insured Vehicle;
licence a Reserved Parking Bay in the
Brisbane Markets®;
Section 3: Access Control Rules Brisbane Markets | BRISBANE MARKETS® REGULATIONS 3
comply with BML’s conditions for LPR (v) Transporter LPR Vehicle Registration.
Registration. BML will approve applications for LPR
Tenant Vehicle LPR Registration is subject to Registration from Transporters for their
the annual renewal of the Tenant Access Vehicles where the Transporter:
Card. is also a Tenant of the Brisbane Markets®;
(ii) Tenant Commercial Vehicles (TCV) LPR and
Registration. licenses a Reserved Truck Parking Bay in
BML will approve applications for LPR the Brisbane Markets®; or
Registration for TCVs from Tenants who: licenses curtilage adjacent to a Tenancy
are Authorised Persons; Area; or
provide evidence that their TCVs are is access approved to enter the Brisbane
lawfully registered and insured; Markets®; and
provide to BML a Fleet Management Plan complies with the Parking Rules under
where they have five (5) or more TCVs; these Regulations;
comply with BML’s conditions for LPR complies with BML’s conditions for LPR
Registration. Registration; and
Tenant TCV LPR Registration is subject to the Vehicle is lawfully registered and
annual renewal. insured.
Transporter Vehicle Access is subject to
(iii) Buyer LPR Vehicle Registration.
annual renewal of Transporter Site access
BML will approve applications for LPR to the Brisbane Markets®.
Registration from Buyers or Buyer
Employees who: (e) Always excepting Transporter LPR Vehicles, an
LPR Vehicle may only be used to access the
are Authorised Persons;
Brisbane Markets® where:
own or drive a lawfully registered and
insured Vehicle; and (i) the driver of the LPR Vehicle is also an
Authorised Person; and
comply with BML’s conditions for LPR
Registration. (ii) any passengers in the LPR Vehicle are also
Buyer Vehicle LPR Registration is subject Authorised Persons.
to the annual renewal of a Buyer Access (f) For the avoidance of doubt, the LPR Vehicle
Card. driver may be subject to Remedial Actions
(iv) Service Provider LPR Vehicle Registration. where passengers in that Vehicle are:
BML will approve applications for LPR (i) not Authorised Persons; or
Registration from Service Providers
(ii) not Bona Fide Visitors.
where:
the Service Provider and its employees (g) Any conditions stipulated in LPR Registration
are access approved to conduct work approved applications are deemed to be
or provide services within the Brisbane obligations under these Regulations.
Markets®;
the Service Provider’s Vehicle is lawfully
registered and insured; and
Service Providers comply with BML’s
conditions for LPR Registration.
Service Provider LPR Registration
is subject to the annual renewal
of Service Provider Access to the
Brisbane Markets®.
4 BRISBANE MARKETS® REGULATIONS | Section 3: Access Control Rules Brisbane Markets
3.6 ACCESS - TENANTS AND TENANT BML relies on the information provided by
EMPLOYEES Tenants in determining the bona fide status of
a Tenant Employee in accordance with these
(a) BML’s issuance of a Tenant Employee Access
Regulations. BML reserves all rights to decline
Card is conditional upon:
the application for an Access Card or to cancel
(i) a Tenant submitting to BML a properly an Access Card previously issued where false or
completed Tenant Employee Access Card misleading Information is provided in respect of:
application form that has been endorsed by
(i) an application for an Access Card; or
the Tenant;
(ii) establishing the bona fide position of an
(ii) the Tenant Employee completing a Site
existing Tenant Employee;
Induction;
(d) A Tenant Employee must not conduct its own
(iii) BML in its sole discretion being satisfied
separate commercial Interests involving the Sale
that the Tenant Employee is a bona fide
and marketing of its Goods within the Brisbane
employee of the Tenant; and
Markets® in direct competition with Selling
(iv) BML approving the Access Card application. Floor Tenants and in breach of these Brisbane
Markets® Regulations and, if these activities are
(b) The onus of establishing proof to BML’s
occurring from a warehouse, in breach of BML’s
satisfaction as to whether a Tenant Employee is
Tenancy Agreement.
bona fide rests with the Tenant. Until such time
that evidence of employment is provided to (e) Where a Tenant Employee is found to be
BML, the Tenant Employee may be prevented conducting any business activities from a
from entering the Brisbane Markets®. The Tenancy Area in any circumstances other than
evidence to be provided by Tenants to BML for or on behalf of the Tenant, BML may, without
includes without limitation the following prejudice to any other rights, act to cancel the
documents: Access Card issued to the Tenant Employee and
exclude the Tenant Employee from entering the
(i) A copy of the contract of employment
Brisbane Markets® for a period of time that will
/ letter of appointment confirming the
be determined by BML in its sole discretion.
relationship between the Tenant and the
Tenant Employee. (f) Tenants and Tenant Employees of Selling Floor
Tenancies are permitted twenty four (24) hour
(ii) A copy of the completed Tax File Number
access to the Brisbane Markets® and to the
Declaration for the Tenant Employee.
Central Trading Area. For the avoidance of
(iii) A statutory declaration from a principal or doubt, Tenant Employees who are engaged to
director of the Tenant confirming: Sell Goods may access the Central Trading Area
The Tenant Employee is employed by the to acquire Goods prior to the Commencement
Tenant in the ordinary course of the of Trading.
Tenant’s business; (g) Tenants and Tenant Employees who are not
The Tax File Number Declaration for the Selling Floor Tenants are permitted twenty four
Tenant Employee has been lodged with (24) hour access to their Tenancy Areas but are
the Australian Taxation Office; and excluded from the Central Trading Area until the
The Tenant Employee is not conducting and Commencement of Trading.
will not conduct any business from or in (h) Tenants must promptly notify BML in writing
a Tenancy Area for or on behalf of any of any changes to the status of their Tenant
business (other than the business of the Employees and, in the event of terminating the
Tenant) in which the Tenant Employee employment of a Tenant Employee, must return
holds an Interest. to BML within five (5) Business Days any Access
(c) If Tenants fail to provide the evidence to BML Card issued to that Tenant Employee.
within the required time period, BML will treat
the Tenant Employee as not being bona fide and
may cancel the Access Card previously issued
to the Tenant Employee without any notice to
the Tenant.
Section 3: Access Control Rules Brisbane Markets | BRISBANE MARKETS® REGULATIONS 5
(i) At BML’s request, each Tenant must: (d) While within the Brisbane Markets®, a Buyer is
prohibited from buying or making arrangements
(i) Provide an update on the details of their
to buy Goods from any Warehouse Tenant or
Tenant Employees, Service Providers and
Supplier or any other Person, except where that
any other authorised personnel engaged by
Tenant, Supplier or other Person is also a Selling
the Tenant including but not limited to the
Floor Tenant.
following Information:
Name 3.8 ACCESS – BUYERS’ MATERIALS
Position
HANDLING RULES
Access Card category (a) Only Buyers with a current Materials Handling
Account for hire pallets may use hire pallets for
Confirmation of employment status
the transport of palletised Goods to and from
(ii) Ensure that their Tenant Employees the Brisbane Markets®. To avoid doubt:
complete:
(i) Buyers must only use hire pallets that are
BML’s Site Induction annually; and owned by the Materials Handling Operator
a Forklift Safety Course, if the Tenant with which the Buyer has a Materials
Employee is required to operate a Forklift. Handling Account.
3.7 ACCESS - BUYERS (ii) Buyers who do not have a Materials
Handling Account are not permitted to
(a) BML’s issuance of a Buyer Access Card is
enter the Brisbane Markets® with empty hire
conditional upon:
pallets unless they have a:
(i) a Buyer submitting to BML a properly Materials Handling arrangement with a
completed Buyer Access Card application Tenant who holds a Materials Handling
form that has been endorsed by Brismark; Account; or
and
Materials Handling arrangement with a
(ii) BML approving the Access Card application. transport company who holds a current
(b) Each Buyer must: Materials Handling Account.
(i) renew their Buyer registration annually; (b) Early Access to the Brisbane Markets® is
restricted to Buyers who meet the requirements
(ii) complete BML’s Site Induction annually; and of clause 3.8 (a) or who provide a statutory
(iii) attend a Forklift Safety Course, if the Buyer declaration confirming that the Buyer does not
is required to operate a Forklift at the use hire pallets to transport Goods with the onus
Brisbane Markets®. of proof in respect of establishing (to BML’s
satisfaction) evidence of these arrangements
(c) A Buyer who is not a Tenant may only resting with Buyers.
consolidate Goods during Trading Hours:
(c) BML may at any time require Buyers to
(i) in a Parking Bay licensed to the Buyer by provide evidence of their Materials Handling
BML; or arrangements. Buyers must provide such
(ii) under a Tenant’s Tenancy Area awning evidence to BML within seven (7) days of
where this is agreed to by the Tenant; or receiving a request in writing from BML. If
Buyers fail to provide satisfactory evidence to
(iii) within a 100 sqm or less area in a Tenant’s BML within seven (7) days of written notice,
Tenancy Area where this is agreed to by the BML may cancel the Access Card issued to
Tenant. Buyers without any notice.
For the avoidance of doubt, where an (d) BML relies on the information provided by
occupancy arrangement under this clause meets Buyers in support of their application for
the definition of a “Sublease” in the Leasing Early Access. Where Buyers provide false
Consent Policy, then, a formal application for or misleading application information, BML
that Sublease must be made to BML and is reserves all rights to decline the application for
subject to BML’s Policy requirements. Early Access and/or cancel any Access Card
previously issued to Buyers. In this event, any
fees relevant to Early Access and Access Cards
that have been paid are non-refundable.
6 BRISBANE MARKETS® REGULATIONS | Section 3: Access Control Rules Brisbane Markets(e) All Buyers who hold a Materials Handling (iv) compliance with these Regulations, the
Account must promptly return hire pallets to General Terms and Conditions of Entry and
either: other requirements determined by BML
from time to time.
(i) a Tenant or a Person who has a Materials
Handling Account; or 3.11 ACCESS - THE GENERAL PUBLIC
(ii) to an authorised Pallet receival depot. (a) BML permits members of the General Public
limited access to the Central Trading Area in
(f) The removal, theft, trade in stolen pallets,
the Brisbane Markets® for the sole purpose of
delivery of empty hire pallets to the Brisbane
purchasing Goods from Selling Floor Tenants.
Markets® by Persons who do not hold a Materials
Access is limited to General Public Entry Days
Handling Account or the otherwise unauthorised
and is subject to:
use of hire pallets within the Brisbane Markets® is
absolutely prohibited. (i) the purchase of a ticket from BML to enter
the Brisbane Markets®;
3.9 ACCESS – SERVICE PROVIDERS
(ii) the approval of an Authorised Officer;
(a) Prior to accessing the Brisbane Markets®,
Service Providers must apply to BML for access (iii) in accordance with any conditions stipulated
approval. Where BML does not consent to by an Authorised Officer including traffic
a Service Provider’s application for access and Pedestrian management requirements;
approval, Service Providers will not be permitted
(iv) compliance with the Regulations and the
access to the Brisbane Markets® or access into
General Terms and Conditions of Entry;
Tenancy Areas to conduct works.
(v) other conditions determined by BML from
(b) A Service Provider’s access to the Brisbane
time to time.
Markets® is subject to:
(i) A Service Provider submitting to BML a
properly completed Access Application form
that attaches all relevant information;
(ii) The Service Provider completing a Service
Provider Site Induction;
(iii) BML providing its conditional consent in its
sole discretion to the access application.
(c) Where BML grants conditional access to
the Brisbane Markets® to a Service Provider,
the Service Provider must comply with the
requirements of these Regulations and all
Policies.
3.10 ACCESS - VISITORS AND
SUPPLIERS
(a) Prior to entering the Brisbane Markets®, all
Visitors and Suppliers must report to an
Authorised Officer at the Site Services Office,
Ground Level, the Fresh Centre. Entry to the
Brisbane Markets® is subject to Visitors and
Suppliers:
(i) advising their purpose for accessing the
Brisbane Markets®;
(ii) signing the Visitor Register at the Site
Services Office;
(iii) agreement to any conditions stipulated by
an Authorised Officer; and
Section 3: Access Control Rules Brisbane Markets | BRISBANE MARKETS® REGULATIONS 7Section 4 CONDUCT RULES
4.1 PROHIBITED CONDUCT Roads under the jurisdiction of TORUM while
(a) A Person must not, while in the Brisbane driving or otherwise in control of a Forklift or
Markets® other Vehicle within the Brisbane Markets®;
(i) generally engage in anti-social or otherwise (xi) bring or allow any animal into the Brisbane
offensive behaviour; Markets® (except as where permitted to do
so by law);
(ii) damage or wilfully abuse any property
belonging to BML or any other Person; (xii) smoke any substance, cigarette, cigar, pipe
or other device in any area of the Brisbane
(iii) do anything or occupy any Common Markets® that is a Designated Non Smoking
Area for activities that BML in its absolute Area or in any area where smoking is
discretion considers inappropriate; prohibited under law;
(iv) deposit or dispose of any Waste in any place (xiii) use any equipment including Forklifts,
except bins or receptacles provided to, or Vehicles or any other item (the Equipment)
organised by or on behalf of that Person, or without the authority of the owner or the
such other industrial Waste bin or receptacle lessee of the Equipment;
provided generally for that purpose;
(xiv) record and/or publish any images of Persons
(v) cause or direct Waste (as determined in the within the Brisbane Markets® without the
sole discretion of an Authorised Officer) to prior consent of that Person;
be deposited in Common Areas except in
accordance with these Regulations; (xv) record and/or publish any images of:
Property, services or infrastructure within the
(vi) operate a Pallet Jack on any Roadway within Brisbane Markets®;
the Brisbane Markets®;
Any incident, accident or event within the
(vii) bring into, possess, control, drive or operate Brisbane Markets®;
any unregistered or uninsured Vehicle in the
Brisbane Markets® if that Vehicle is required without the authority of a BML
to be registered under any law to be driven; Authorised Officer.
(viii) bring into, possess, control, drive or operate (xvi) commit any unlawful act; or otherwise act
any Vehicle in the Brisbane Markets® that is in a manner which may (in the absolute
not required to be registered by law unless discretion of BML) adversely affect:
an insurance policy is in place to cover such the health or safety of a Person, themselves
Vehicle in respect of public liability risks; or the property of others; or
(ix) drive a Vehicle while the Person is unlicensed the reputation of the Brisbane Markets®
to drive under any law, or drive a Vehicle within the fruit, vegetable and flower
in an unsafe or dangerous manner (as industries.
determined by an Authorised Officer in their (xvii) not do anything (including operate a
absolute discretion) or at a speed in excess Vehicle or operate a radio, loudspeaker or
of the speed limit that applies to the Road any other electronic amplifying equipment)
on which the Person is driving; in the Brisbane Markets® in a way that in
(x) operate a Forklift or other Vehicle under the the sole discretion of an Authorised Officer,
influence of alcohol, any illegal or prohibited causes undue noise and do all such things
substance or any other substance (whether as the Authorised Officer may require to
legal or not) likely to impair a Person’s minimise or remove such noise.
capacity to operate a Forklift in a safe The operation of this clause is without
and proper manner. To avoid doubt, the prejudice to the obligations of a Person
operators of Forklifts and other Vehicles under a Tenancy Agreement.
must remain within the lawful blood alcohol
range that applies to Vehicle operators on
8 BRISBANE MARKETS® REGULATIONS | Section 4: Conduct Rules4.2 UNLAWFUL ACTS (c) Storage and Display of Goods.
(a) BML reserves all rights to (i) A Person must not stack, store or display
any Goods or permit any Goods to remain
(i) report any unlawful acts committed within
upon any Road or other Common Area
the Brisbane Markets® to the Queensland
in the Brisbane Markets® except in a
Police Service and/or any other relevant
Designated Storage Space or Designated
authority; and/or
Display / Consolidation Area.
(ii) provide any CCTV footage or other recorded
(ii) To avoid doubt, a Tenant must not display
images of unlawful acts to the Queensland
Goods for Sale within the Brisbane Markets®
Police Service and/or any other relevant
unless that Tenant is a Selling Floor Tenant
authority.
and Goods are displayed from a Selling
(iii) engage an agency to carry out alcohol and Floor Tenancy Area, Trading Out Area or
drug tests on Forklift and Vehicle operators Designated Display / Consolidation Area.
in the Brisbane Markets® where BML has
(iii) Without limiting any other prohibition
reasonable grounds to believe that Forklift
contained in these Regulations, a Person
and Vehicle operators are in breach of the
must not Sell, offer for Sale or solicit in any
prohibition described in 4.1 (a) (x).
manner the Sale or purchase of any Goods
4.3 CONDUCT OF BUSINESS on any Road, Parking Bay, Common Area or
(a) A Tenant must not: any other area within the Brisbane Markets®.
(i) Sell or offer for Sale and/or deliver any
Goods from any part of the Brisbane
Markets® to any Buyer or other Person within
these Brisbane Markets® unless that Tenant is
a Selling Floor Tenant;
(ii) Sell Goods outside of the Trading Hours.
However, a Selling Floor Tenant will not be
in breach of these Regulations where it Sells
Goods to another Selling Floor Tenant or
delivers Goods to a Buyer outside of Trading
Hours;
(iii) Sell any Goods to a Buyer or other Person in
the Brisbane Markets® except:
from a Selling Floor Tenancy Area; and
where the Goods have been approved by
BML for Sale from a Selling Floor Tenancy
Area in accordance with the Permitted
Use clause under a Tenancy Agreement
and in accordance with the Sale of
Ancillary Products Policy.
(iv) Sell and/or deliver any Goods that BML has
prohibited for Sale in the Brisbane Markets®;
and
(v) Sell any Goods by auction or advertise a Sale
by auction within the Brisbane Markets®.
(b) The Sale and/or the delivery of Goods to Buyers
or other Persons who are on or in the Brisbane
Markets® is absolutely prohibited unless the Sale
or delivery is made by a Selling Floor Tenant.
Section 4: Conduct Rules | BRISBANE MARKETS® REGULATIONS 9Section 5 TRAFFIC RULES
5.1 TRAFFIC MANAGEMENT PLAN (d) Pedestrian Walkways
(TMP) (i) All Pedestrians walking through the Brisbane
(a) BML’s TMP is attached to these Regulations and Markets® are required to walk on Pedestrian
provides an overview, plans and description of Walkways where these are provided.
the Traffic Controls that apply to the Common
(ii) Pedestrians are required to take due care
Areas at this Site. The TMP is to be read in
while walking on Pedestrian Walkways and
conjunction with these Regulations and the
remain aware of oncoming Vehicles.
Traffic Rules in this Section.
(iii) Vehicle operators must practice caution
5.2 VEHICLE AND PEDESTRIAN RULES
while approaching and/or crossing over
(a) Shared Zone – Central Trading Area Pedestrian Walkways and must only:
(i) The Shared Zone is a demarcated area that travel in a straight line at right angles to the
may be used by Pedestrians and Vehicles. Pedestrian Walkway; and
While in the Shared Zone, Vehicle operators cross the Pedestrian Walkway for the
must give way to Pedestrians and Vehicle sole purpose of entry to or exit from a
operators are responsible for not colliding Tenancy Area or a Loading Zone.
with Pedestrians. However, Pedestrians
and Vehicle operators are both responsible (e) Pedestrian Crossings
for taking due care while they are within a (i) Without exception, all Vehicles must give
Shared Zone. way to Pedestrians crossing Roads via
(b) Pedestrian Walkway – Central Trading Area Pedestrian Crossings.
(i) Forklifts and other Vehicles are prohibited (ii) However, Pedestrians must practice due care
from entering the CTA Pedestrian Footpaths while walking across Pedestrian Crossings.
adjacent to Buildings B, C and D between (f) Vehicle Operator Rules
6:00 am and 8:00 am each Trading Day.
(i) A Vehicle operator must:
(ii) Outside of these times, Forklifts and other Not wilfully obstruct, hinder, or prevent free
Vehicles must: passage of a Pedestrian or Vehicle in the
treat the CTA Pedestrian Footpaths as if Brisbane Markets®.
these were a Shared Zone. Not operate or leave running any
travel in a straight line at right angles to the refrigeration motor mounted on a
CTA Pedestrian Footpaths; and Vehicle, trailer or container except with
cross the CTA Pedestrian Footpaths for the the prior approval of BML and then only
sole purpose of entry to or exit from a at such place and during such times as
Selling Floor Tenancy Area. determined by BML.
(c) Selling Floor Loading Zones Observe and comply with all Signs on any
part of the Brisbane Markets®.
(i) The Selling Floor Loading Zones may be Comply with any signal, order or direction
used by Buyers and other Authorised given by an Authorised Officer for
Persons to load and unload Goods at Selling regulating or directing traffic, performing
Floors. car parking attendant duties or for any
(ii) Vehicles must not encroach onto the: other purpose.
Pedestrian Walkways adjacent to the Give way to all other Vehicles and
Selling Floor Loading Zones unless those Pedestrians when entering a Road from
Vehicles are entering or leaving a Selling any place other than another Road.
Floor Loading Zone;
Roads unless those Vehicles are entering or
leaving a Selling Floor Loading Zone.
10 BRISBANE MARKETS® REGULATIONS | Section 5: Traffic RulesGive way to all Vehicles proceeding in the the owner of any property damaged.
opposite direction along the Road and to provide a detailed written report of the
all Pedestrians when making a right-hand accident or incident to BML and any
turn to leave a Road to enter a Tenancy other relevant authority in the format
Area, land or buildings abutting that required within twenty four (24) hours of
Road. the accident or sooner if required by BML.
Give way to all Pedestrians when making a
5.3 PARKING RULES
left-hand turn to leave a Road to enter a
Tenancy Area, land or buildings abutting (a) Parking – Private Vehicles
that Road. (i) A Person must not park or leave a Vehicle on
While parking, standing and driving a Vehicle any area in the Brisbane Markets® unless the
in the Brisbane Markets®, comply with and Vehicle is parked in a Reserved Parking Bay
observe the provisions of all Queensland which has been licensed to that Person or
Road Rules relating to the same. that Person’s Tenant Employer.
Not wash a Vehicle or carry out any repairs, (ii) All Vehicles must be parked wholly within a
servicing, mechanical or other work to a Parking Bay and must not encroach on an
Vehicle except in an area designated from adjacent Parking Bay or Common Area.
time to time by BML for that purpose.
Not effect an emergency repair to a Vehicle (b) Reserved Parking Bays
in the Brisbane Markets® without taking (i) An Authorised Person may apply to BML
adequate precautions to prevent Waste, to licence a Reserved Parking Bay with the
oil or grease from the engine, motor issuance of a Licence conditional upon:
or other part of the Vehicle spilling or The submission of a properly completed
dropping upon a Road or other part of Licence application form;
the Brisbane Markets®.
BML approving the Licence application form;
Immediately report to an Authorised and
Officer the spillage of any Waste, oil,
The Authorised Person complying with the
fuel, grease or other contaminant of any
terms of the Licence for the Reserved
kind (Spillage) at the Brisbane Markets®
Parking Bay.
and take immediate necessary steps to
control and contain the Spillage. (ii) If a Person is excluded or otherwise has
Pay BML the Costs of cleaning any Spillage their Access Card revoked, any licence
and the Costs of any penalty imposed by issued to that Person for a Reserved Parking
a relevant authority. Bay in the Brisbane Markets® is deemed to
automatically end.
Not exceed the 20 km/h speed limit that
applies to this Site or the 10 km/h speed (c) Parking – Tenant Commercial Vehicles
limit that specifically applies to the CTA.
(i) A Tenant or Tenant Employee may only park
(g) Report Vehicle Accidents Commercial Vehicles:
(i) Any Vehicle operator involved in an accident within the confines of their Tenancy Area; or
within the Brisbane Markets® (whether or in a designated Parking Bay for Commercial
not it involves injury to or death of a Person Vehicles.
or damage to property) must:
(ii) During Trading Hours, Commercial Vehicles
immediately stop the Vehicle; that are actively being used to cart or deliver
remain at the scene of the accident and, Goods to or from the Brisbane Markets®
as soon as possible, provide to an may be parked in the Selling Floor Loading
Authorised Officer their name and Zones.
address and also the name and address
of the owner of the Vehicle involved in the
accident together with details on:
any Person injured as a result of the
accident;
the driver of any other Vehicle involved in
the accident;
Section 5: Traffic Rules | BRISBANE MARKETS® REGULATIONS 11(iii) Where a Tenant owns or controls five (5) weight under Trailer legs, and the removal of
or more Commercial Vehicles, Tenants are the same after use.
required to prepare, submit to BML and
(iv) A Heavy Vehicle, that is, a Semi-trailer or
implement a Fleet Management Plan in
“B” double configured Vehicle or similarly
conjunction with a BML Authorised Officer.
configured Vehicle must not enter the
The Fleet Management Plan must as a
Central Trading Area of the Brisbane
minimum provide strategies for controlling
Markets® during Trading Hours.
the Commercial Vehicles while they are in
the Brisbane Markets® including without (v) BML prohibits transport Vehicles or Trailers
limitation, approved parking arrangements. from being parked at the Brisbane Markets®
unless the Person who owns or controls the
(d) Parking – Buyers
transport Vehicle or Trailer:
(i) A Buyer may apply to BML to licence Parks the transport Vehicle or Trailer in a
a Reserved Parking Bay in the Covered designated Truck Parking Area for a
Unloading Area with the issuance of a period not longer than eight (8) hours in
Licence conditional upon: any twenty four (24) hour period
The submission of a properly completed has prior authorisation from BML to park
Licence application form; the transport Vehicle or Trailer in the
BML approving the Licence application form; designated Truck Parking Area for a
and period longer than eight (8) hours;
The Person complying with the terms of the licenses a Reserved Parking Bay at the
Licence for the Reserved Parking Bay. Brisbane Markets® for that Vehicle or
Trailer.
(e) Parking – Heavy Vehicles
(i) A Person who drives an Articulated Vehicle
5.4 DELIVERING AND UNLOADING
into the Brisbane Markets® must not park the
RULES
Vehicle, detach the Trailer or a container, or (a) Rules apply to the delivery of Goods to Tenants
park, stand or leave the Trailer or container within the Brisbane Markets®. Goods may only
in the Brisbane Markets® without the prior be delivered to Tenants who will directly use
approval of an Authorised Officer, and then or re-sell the Goods as permitted under their
only at such places and/or pursuant to such Tenancy Agreement; and
conditions as approved or licensed for that (b) The Person delivering the Goods must produce
purpose by BML and after having paid the on demand a completed manifest (in a form
prescribed fee to BML for the right to do so. approved by BML) containing the name and
(ii) Without limiting the rights of BML under address of the consignor, the consignee, the
these Regulations in respect of any type and quantity of Goods and any other
infringement, if the Regulation in clause information requested by BML relating to the
5.3 (e) (i) is breached, then BML (and any Goods.
Authorised Person) is authorised without (c) Vehicle Inspections
notice to tow away or otherwise move the
Articulated Vehicle, Trailer or container (i) At the request of an Authorised Officer,
to a Site within the Brisbane Markets® (or the owner or driver of a Vehicle within the
elsewhere, as determined by BML in its Brisbane Markets® must:
sole discretion) and on the basis that it is move the Vehicle from any place to another
only released by BML after payment by place;
the Person responsible for the Vehicle of all open any Vehicle doors and Vehicle
Costs incurred by BML in the removal of the compartments required by the
Articulated Vehicle. Authorised Officer;
(iii) The parking of any Trailer or the placement move any Goods in or on the Vehicle;
of any container on the surface of any provide information and documents
Road within the Brisbane Markets® must be including without limitation the type,
done in a manner which does not damage origin or designation of the Goods in or
the surface of the Road. This includes, for on the Vehicle, so far as this is known to
example, the placement and use of wooden the driver.
supports of sufficient strength to bear the
12 BRISBANE MARKETS® REGULATIONS | Section 5: Traffic Rules(d) Unloading – General unless one or more Tenants are the
consignees of the Goods;
(i) A Person must not unload Goods in the
Brisbane Markets®: unless the unloading is carried out at the
Tenants’ Tenancy Area at the sole risk and
unless the Person is an Unloading Service
responsibility of the Tenant;
Licensee;
if the Goods are intended to be transhipped
unless the Person is authorised in writing by
ultimately to a destination outside of the
BML;
Brisbane Markets® to a Person who is not
if the Goods are intended to be transhipped a Tenant except where permitted under
ultimately to a destination outside of the these Regulations;
Brisbane Market to a Person who is not
unless the Goods, when unloaded, are stored
a Tenant except where permitted under
or placed within the confines of each
these Regulations.
Tenant’s Tenancy Area; and
unless the Goods being unloaded at any
unless the driver or carrier is authorised in
Tenancy Area are approved under the
writing by each Tenant to unload the
permitted use of the Tenancy Agreement
Goods and to enter the Tenant’s Tenancy
including any consent or approval
Area and use equipment such as a
issued by BML extending to the Goods
Forklift to unload Goods.
authorised for that Tenancy Area; and
unless the unloading otherwise complies (ii) The driver of a Vehicle delivering Goods
with this Section. must not:
Use BML’s Common Area or a Tenancy
(e) Unloading -Tenant
Area (unless that Tenant is the consignee
(i) A Tenant must not unload Goods or accept of the Goods) as a staging area for the
the delivery of unloaded Goods: unloading and delivery of Goods to one
unless the Tenant is the consignee of the or more Tenants;
Goods; Park its Vehicle in any area at the Brisbane
unless the unloading is carried out at the Markets® other than the Tenant’s Tenancy
Tenant’s Tenancy Area and the Goods are Area or the Truck Holding Area. For the
stored or placed within the confines of avoidance of doubt, Vehicle drivers must
the Tenancy Area; not congest Roads or other Tenancy
Areas while waiting to unload or be
unless all unloading undertaken by the
unloaded;
Tenant is at the sole risk and responsibility
of the Tenant; and Use a Tenant’s Forklift to unload and
deliver Goods (unless that Tenant is the
if the Goods are intended to be transhipped
consignee of the Goods) to one or more
ultimately to a destination outside of the
Tenants.
Brisbane Markets® to a Person who is not
a Tenant except where permitted under (iii) Where the driver is authorised by a Tenant
these Regulations. to use the Tenant’s Forklift for unloading,
the driver must comply with the Forklift
(ii) Despite the provisions of this clause,
Rules and Operating Requirements in these
a Tenant may unload Goods (Tenant
Regulations.
Unloader) for and on behalf of another
Tenant, with the authority of that Tenant, on (g) Where there is a requirement to set down
a periodic and ad hoc basis subject to the Goods that are not consigned to a Tenant so as
Tenant Unloader not seeking nor accepting to facilitate loading and unloading, those Goods
any fees, charges, rewards or contra may be set down for a temporary period only
arrangement for conducting the unloading and must be promptly reloaded. BML accepts
service. no liability for any damages to Goods that
are set down on a temporary basis within the
(f) Driver Unloading
Brisbane Markets®.
(i) The driver of a Vehicle delivering Goods
into the Brisbane Markets® must not unload
those Goods or allow Goods to be unloaded
from their Vehicle:
Section 5: Traffic Rules | BRISBANE MARKETS® REGULATIONS 135.5 TRANSHIPPING RULES are delivered directly to the Tenant’s
Warehouse and are unloaded by the
(a) Transhipping Prohibitions
Tenant, an Unloading Service Licensee
(i) Unless otherwise provided by these or other Person authorised by BML
Regulations, Persons (including Unloading within the Tenant’s Warehouse and not
Service Licensees) are prohibited from using in any other area or Common Area of
the Common Areas and other areas within the Brisbane Markets®; and
any of the precincts of the Brisbane Markets® remain in the Tenant’s Warehouse and
as a staging post for the transhipment of not in any other area or Common
Goods ultimately to a destination outside of Area of the Brisbane Markets® until the
the Brisbane Markets® to Persons who are Goods are loaded onto Vehicles at the
not Tenants of the Brisbane Markets®. Tenant’s Warehouse for Transhipment.
(ii) Despite the provisions of this clause, a (ii) For the avoidance of doubt:
Person (including Unloading Service
any activities under this clause must not
Licensees) may conduct Transhipping at the
cause any breaches of the Tenancy
Brisbane Markets® under:
Agreement or of these Regulations; and
clause 5.5 (b) of these Regulations; or
if the conditions for Transhipping under
the express covenants of any Transhipping these Regulations are not met, the
Authority granted by BML to the Person. Tenant is prohibited from conducting
(b) Transhipping - General any Transhipping unless it holds a valid
Transhipping Authority.
(i) A Transhipping Authority is not required
to be held (and a transhipping fee will
not be applied) where from time to time
on a periodic and ad hoc basis, a Tenant
Tranships Goods from the Brisbane Markets®
provided the following conditions are met:
The Transhipping is conducted in a
Warehouse Tenancy solely occupied in
whole by the Tenant under a Tenancy
Agreement in the Tenant’s name (the
Tenant’s Warehouse);
The Transhipping is ancillary to and does not
preclude nor overtake the conduct of the
Permitted Use of the Tenant’s Warehouse;
The Transhipping is conducted on a bona
fide basis and is not (in particular) being
conducted by the Tenant on behalf of any
other Tenant or occupier of the Brisbane
Markets® that is not a Warehouse Tenant
(for example, a Transporter or Unloading
Service Licensee); and
Goods destined for Transhipping:
comply with the Permitted Use of the
Tenancy Agreement;
14 BRISBANE MARKETS® REGULATIONS | Section 5: Traffic RulesSection 6 FORKLIFT RULES
6.1 FORKLIFT OPERATING (iii) not conditionally registered with
PROCEDURES Queensland Transport
(a) A Person must not use a Forklift, or permit For the avoidance of doubt, Forklifts that
a Forklift to be operated within the Brisbane are operated within a Tenancy Area only do
Markets® unless the Forklift driver: not need to be conditionally registered with
(i) is the holder of a valid certificate of Queensland Transport;
competency and any other licence or permit (iv) not fitted with either a:
required under any law; motor governor or speed limiter restricting
(ii) is the holder of a valid Forklift Operator’s the maximum speed to twenty (20)
Permit issued by BML; kilometres per hour; or
(iii) has taken part in and has passed a Forklift speedometer;
Safety Course or an annual Forklift Refresher (v) operated by a Person who does not hold a
Course; current Forklift Operator’s Permit and who
(b) A Forklift must: has not undertaken a Forklift Safety Course
or a Forklift Refresher Course during the
(i) be driven and operated by the Person previous twelve (12) months.
who owns the Forklift or who leases the
Forklift (the Forklift owner), or, be driven (b) There are predominantly two types of Forklifts
and operated by an employee of the Forklift operated by Persons at the Brisbane Markets®:
owner, or, a Person authorised by the Forklift Liquefied Petroleum Gas (LPG) Forklifts; and
owner; Electric Forklifts.
(ii) be used solely for the purpose for which it (c) LPG Forklifts – Refuelling Requirements
was designed and built;
(i) The requirements under this subclause
(iii) unless operating a Forklift with a Forklift are subject to AS / NZS 1596 Storage and
Safety Cage, not carry any other Person, Handling of LPG (the Australian Standard)
other than the Forklift driver;
(ii) Tenants who re-fuel Forklifts by way of a
(iv) have a current BML registration label applied LPG cylinder exchange program must:
to it; Ensure that their staff are trained to handle
(v) be in good working order and free from and store LPG cylinders in accordance
defects and faults; with the requirements under the
Australian Standard;
(vi) not have an altered, adjusted or broken
motor governor. The seal must remain Maintain LPG cylinders and relevant handling
affixed to the motor governor; and equipment in accordance with the
Australian Standard; and
(vii) must not be altered with any temporary Store LPG cylinders in a caged area external
or permanent fixture or addition which to their Tenancy Area in compliance with
obscures vision and which does not meet the Australian Standard.
the manufacturer’s handbook in respect of
proprietary products. (iii) Tenants or other Persons who re-fuel
Forklifts at BML’s LPG Refuelling Facility
6.2 FORKLIFT OPERATING must:
REQUIREMENTS
Fit their Forklift with an Automatic Fill
(a) A Person must not use a Forklift or permit a Limiter (AFL) valve to the LPG cylinder;
Forklift to be used within the Brisbane Markets® Have undertaken BML’s training program
if that Forklift is: to use the dispensers at BML’s LPG
(i) not registered with BML; Refuelling Facility in accordance with the
Australian Standard.
(ii) not insured with CTP coverage;
Section 6: Forklift Rules | BRISBANE MARKETS® REGULATIONS 15(d) Electric Forklifts (b) A Forklift is registered when BML:
(i) Electric Forklifts do not have to be (i) approves the Forklift registration application;
conditionally registered with Queensland
(ii) allocates a registration number to the
Transport or registered with BML where they
Forklift;
are operated solely within Tenancy Areas.
(iii) records information relating to the Forklift in
(ii) For the avoidance of doubt, where Electric
BML’s register of Forklifts;
Forklifts are operated in Licensed Areas,
Common Areas or Roads, the requirements (iv) confirms that the Forklift Rules are attached
of clause 6.3 (a) apply. in a clear and visible place on the Forklift;
(iii) Electric Forklift battery charge areas must (v) issues a BML registration label to the Person
meet the requirements under BML’s Policies. making the application; and
6.3 FORKLIFT REGISTRATION – (vi) The owner of a registered Forklift attaches
APPLICATION REQUIREMENTS the BML registration label to the Forklift
within seven (7) days after receiving the
(a) BML’s registration of a Forklift is subject to the
label and ensures that the registration label is
submission of a properly completed Forklift
clearly visible from either side of the Forklift.
Registration Application Form attaching:
(c) Period of Registration
(i) evidence of ownership or of a lease of the
Forklift with any transfer of the lease or (i) The registration or the renewal of
ownership to be notified to BML within five registration of a Forklift is effective:
Business Days of the transfer; on the date of issue of a BML registration
(ii) a certificate of insurance or other evidence label; and
satisfactory to BML establishing that the up to and including the expiry date specified
Forklift is insured under a Forklift Insurance on the registration label.
Policy;
(ii) Any payment for the renewal of a
(iii) current Queensland conditional registration registration of a Forklift relates to the period
documents; commencing on the expiry of the preceding
period of registration.
(iv) an inspection certificate in a form and
containing Information required by BML in (d) Renewal of Registration
its sole discretion;
(i) Forklift registrations must be renewed prior
(v) evidence that the LPG Forklift has been to the expiry of the current registration
fitted with an AFL valve to the LPG cylinder period. Registration renewal fees are payable
where a Forklift is refuelled at BML’s LPG annually in advance.
refuelling facility;
(ii) Unless otherwise notified, BML will charge
(vi) any other certificates, approvals or licences the annual forklift registration renewal fee
required under any law for the operation or to all existing Forklift account holders one
use of the Forklift; (1) month prior to the expiry of the current
registration period.
(vii) evidence that the LPG Forklift has either
been speed governed to twenty (20) (iii) Registration renewals will only be validated
kilometres per/hour or that a speedometer when:
has been installed; and BML’s annual registration charge is paid; and
(viii) payment of the Forklift registration A completed Forklift Registration
application fee within fourteen (14) days Application attaching all required
after issue of a tax invoice. Registration Documents is submitted to
BML.
Collectively referred to hereafter as the
Registration Documents.
16 BRISBANE MARKETS® REGULATIONS | Section 6: Forklift RulesYou can also read
