Terms and Conditions

This page details terms and conditions for a number of activities, forms and information collected via Council's website. You may also view our privacy statement here.

The personal information that Council is collecting from you on application forms on this website is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIP Act). The supply of this information by you is not voluntary but is required by the related legislation and, as necessary, your personal information may be made available to officers within Council to enable completion of the relevant Certificate and to others to whom the Certificate is made available. Enquiries may be directed to Council’s Public Officer concerning the PPIP Act or Council’s Privacy Management Plan or your right of access to your personal information held by Council or its amendment.

Bins and Waste

Business Waste and Bulk Recycling

These Terms and Conditions are applicable to the Business Waste and Bulk Recycling Application Form found on Council's website.

SERVICE LOCATION

The bin/s must be used at the property given on this form, availability subject to site assessment. This assessment will include site suitability and accessibility. In the event a service has been requested and is not placed out for collection on any occasion, the fee associated with the service will remain applicable.

MINIMUM SERVICE PERIOD

The minimum service period for Additional Waste and Bulk Recycling Collection services provided by Council is quarterly. If a customer requires a service to change or cease within a quarter of commencement charges for that quarter will be owed. 240 litre FOGO bins are issued to each property that pays a Domestic Waste Management Charge (DWMC). Please contact Council for any questions or to report damage to this bin.

ADDITIONAL WASTE COLLECTION

Council offers additional 240 litre general waste collection service for businesses. Businesses will need to purchase their own 240 litre wheelie bin for this service. Bins can be purchased from Council’s Customer Service. The four levels of service that customers can choose from are:
LEVEL 1 – Two (2) additional collections per week 
LEVEL 2 – One (1) additional collection per week
LEVEL 3 – One (1) additional collection per fortnight
LEVEL 4 – One (1) additional collection per calendar month

BULK RECYCLING COLLECTION

Council offers a bulk recycling collection service for businesses. We can pick up paper and cardboard or commingled recycling. These are separate collections. The four levels of service that customers can choose from are:
LEVEL 1 – Two collections (of up to 1 cubic metre) per week of cardboard or commingled recycling, as selected by you.
LEVEL 2 – One collection (of up to 1 cubic metre) per week of cardboard or commingled recycling, as selected by you.
LEVEL 3 – Fortnightly collections (of up to 1 cubic metre) of cardboard or commingled recycling, as selected by you.
LEVEL 4 – One collection (of up to 1 cubic metre) per calendar month of cardboard or commingled recycling, as selected by you.

CHANGES AND CANCELLATIONS

The charge is for the availability of the service and is charged regardless of whether product is presented for collection or not. No credits will be provided for periods the service is not used. Notwithstanding the above listed terms and conditions, the customer may arrange for service cancellation by emailing council@midwestern.nsw.gov.au

Note: Charges will be applicable until the end of the quarter in which this service is cancelled.

Additional Waste Collection

These Terms and Conditions are applicable to the Additional Waste Service Form found on Council's website.

PAYMENT

Upon approval of this application, the property owners will be charged for any additional Annual Waste Management charges requested, on a pro-rata basis. Additional waste service charges will be included on the annual rates and charges notice for the property, in accordance with Council’s fees and charges.

SERVICE LOCATION

The additional services are only available to properties or businesses that are within the existing bin collection route. In the event that a service has been requested and is not used on any occasion, the fee associated with the service will remain applicable.

GARBAGE BINS

240 litre waste and recycling bins are required to facilitate Council’s kerbside waste management service. The bins associated with an additional waste management service can be purchased, and are available from Council’s Customer Service Centre. If a garbage bin is severely damaged or broken in any way prior to kerbside pick- up, the bin may not be serviced subject to assessment. Council is not responsible for replacement of garbage bins. For prices of bins, please refer to the current Council Fees & Charges listed on Council's website.

240 litre FOGO bins are issued to each property that pays a Domestic Waste Management Charge (DWMC). Please contact Council for any questions or to report damage to this bin.

RECYCLABLES CONTAMINATION
Council has zero tolerance for contamination in collected Waste and Recycling bins. Council reserves the right to refuse collection of any recycling bins containing inappropriate materials. To find out what materials can be included in blue or yellow bins, refer to Council’s website.

CHANGES AND CANCELLATIONS
If your residential property is located within the bin collection route, a Domestic Waste Management Charge will be levied in accordance with Section 496 of the Local Government Act, 1993. This charge is for the availability of the service and is levied regardless of whether waste is presented for collection or not.

PLEASE NOTE: This application cannot be used to cancel a General Waste Disposal charge. All properties in the Mid-Western Regional Council area are required to pay this charge for management and upkeep of Council’s waste transfer stations.

Governance

Public Incident

The below terms are applicable to the Public Incident Form found on Council's website.

The Privacy Mid-Western Regional Council is committed to protecting your privacy. Mid-Western Regional Council collects, uses and handles your personal information only in accordance with the Privacy and Personal Information Protection Act 1998. Please contact Mid-Western Regional Council to access or correct this information. If your claim is an insurance claim, your information will be provided to council's insurance broker and the insurer.

Information Access Request

The below Terms and Conditions are applicable to the Information Access Application Form (Informal Information Request) and Government Information Public Access Application Form (Formal Information Request) found on Council's website.

Information Access Request Guidelines
Prior to lodging a request application, you should first visit our website at www.midwestern.nsw.gov.au.

Many Council documents are available to view or print from our website.

If information is not available from the website, you may request access to information from Council files or documents as ‘informal release’ under section 8 of the Government Information (Public Access) Act 2009. Informal release does not involve payment of lodgement or processing charges, however copying charges are payable (if applicable).

DA Information: Certain development application documents are required to be kept by Council, and are available for public inspection, as allowed under Part 16 of the Environment Planning and Assessment Regulation 2000.

Acceptable requests
Information applications are suitable for requests for information which are non-complex and can be processed quickly. Though many applications involve requests for property information, this form can also be used to request other information held by Council including your personal information. Where personal information is involved, Council may request you to provide proof of identity e.g. driver’s licence, passport, rates notice etc.

By providing specific and detailed requests, you can assist us in quickly determining what information is available to assist you.

Information applications are not suitable for requests which:

  • Involve access to another person’s personal information requiring third party consultations;
  • Seek access to sensitive information requiring careful balancing of public interests in determining disclosure.

If your request involves any of the above, Council will require a formal GIPA access application. Formal GIPA access applications involve a lodgement fee and processing charges but also have a right of review. Formal GIPA Access Application forms are available on Council’s website and from Council’s Administration Centres.

Processing your request
Upon receiving your request, Council will determine how the request will be processed and what information is available. This may involve Council contacting you to clarify what information is sought and the form in which it may be made available.

Applications will be assessed in accordance with the relevant legislation, such as the Environmental Planning and Assessment Act 1979, and the Government Information (Public Access) Act 2009. Applicants will be notified within fifteen (15) working days of the receipt of the application as to what information is available for release. Many Council records are held in storage off-site and may take a few days to be delivered to Council, which may change the anticipated processing time.

Access to information such as internal residential diagrams has restricted access provisions.

The photocopying of documents is subject to the Copyright Act 1968. There may be documents which are not able to be reproduced. Where documents are requested and able to be reproduced the applicant will be required to meet all costs associated with photocopying, as set out in Council’s annual fees and charges schedule.

Information will be available for inspection at Council’s Administration Centre, 86 Market Street Mudgee, for seven days from the date of notification. The Centre is open Monday to Friday, from 8:00am to 4:30pm.

Privacy Notification
Personal information requested on this form is required to provide access to Council’s records. The supply of information is voluntary but if you cannot provide the information requested, Council may not be able to process your application. The intended recipients of your information are council officers but information may be available to the general public under the Government Information (Public Access) Act 2009. Council is to be regarded as the agency that holds the information. Requests for access or amendment to records under the Government Information (Public Access) Act or Privacy & Personal Information Protection Act 1998, contact the Council’s Public Officer. This form will be registered in Council’s records management system.

Pets and Animals

Surrendering a Pet

These Terms and Conditions are applicable to the Surrendering a Pet form found on Council's website.

If you are not the owner of the pet:
I found the dog/cat whilst it was not under the control of a competent person.

If you are the owner of the pet:
I wish to surrender the dog/cat. I hereby declare that I am the owner of the mentioned dog/cat and hereby relinquish all rights of ownership to this animal and understand that Mid-Western Regional Council may dispose of the animal by any legal means at any time at Council’s discretion.

Cat Trap Hire

The below Terms and Conditions are applicable to the Cat Trap Hire Form found on Council's Website.

Conditions of Rental

  •  I acknowledge that if any animals are trapped that I contact Council immediately.
  • I agree to take any trapped animal to a registered vet for further action.
  • I understand that the trap is to be returned to Council on the specified date.
  • I will return the trap in the same condition as it was when it was hired.
  • I understand that if the hired cat trap is returned late that this will be a continuation of hire and I will be charged at the appropriate weekly rate.
  • My bond will be refunded by electronic funds transfer and can take up to 14 days to be received. 

Rates, Payments and Water

Application for Credit

These Terms and Conditions are applicable to the Application for Credit Form found on Council's website.

Relevant Legislation and Related Policies

  • Local Government Act 1993
  • Local Government (General) Regulation 2005
  • Credit Policy
  • Debt Recovery Policy
  • Hardship Provision Policy

If all or part of the information requested above is not provided, the Council may not be able to consider any Application or to provide credit facilities. Credit may be refused where an evaluation of an application is deemed to be unsatisfactory.

All accounts are issued monthly, and are required to be paid in full and with no deduction or set-off, no more than 30 days from the date of invoice (the ‘due date’).

Accounts become overdue immediately following the due date. Where one account becomes overdue, all outstanding invoices become immediately due and payable.

The Applicant agrees with the Council to pay Interest on any overdue account at the rate set by Council in accordance with Section 566 of the Local Government Act,1993.

The Applicant agrees to pay to the Council all costs and expenses incurred by the Council or which will be incurred by the Council in respect of any action for recovery of overdue accounts including legal costs and all other fees of other parties acting for the Council in respect of the recovery of the debt.

An arrangement for the payment of an overdue account may be made with Council at any time. A suitable arrangement is one by which the total debt is cleared within 90 days of the original due date of the invoice(s) in question.

Council reserves the right to deny access to Council facilities or suspend services or suspend credit terms to Applicants with overdue accounts or who fail to honour payment arrangements.

Money paid in respect of overdue accounts will be applied towards payment of those accounts in order in which they become due.

The procedure for the collection of overdue accounts due to Council will follow those procedures outlined in Steps 1-5 of the Rates section of the Debt Recovery Policy and Other Debt Collection Considerations of the Debt Recovery Policy.

Access to Council facilities may be allowed and services may be provided, and credit may be extended, where Applicants with suspended accounts repay the amount outstanding in full and subject to a further analysis of the credit that may be provided.

Privacy

The Council is committed to protecting your privacy. The personal information that Council is collecting from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998. The intended recipients of the personal information are Officers within Council.

The Council keeps this personal information to change and update records and for assessing Applications for Commercial Credit, managing accounts and, if necessary collecting debts. This information may be disclosed, whether or not an account is overdue, to the Council’s risk insurers, debt collectors and its legal representatives.

You may make application for access or amendment to information held by Council. You may also make a request that Council suppress your personal information from a public register. Council will consider any such application in accordance with the Act. Enquiries concerning the Privacy Policy can be addressed to the General Manager, PO Box 156, Mudgee NSW 2850.

I/We acknowledge and give consent that the Council may make enquiries as to the credit and financial status of me or any of us and further consent to the use of any information obtained as a result of those enquiries, including information disclosed in the Credit Application, as the Council reasonably sees fit from time to time, for purposes including but not limited to;

i. Passing the information on to a credit reporting agency
ii. Passing the information on to a debt collector or legal services provider
iii. Obtaining further personal information, including consumer and/or commercial credit information, relating to me or any of us from another body for any use reasonably connected with provision of credit or the collection of debt subject to the provisions of the Privacy and Personal Information Protection Act 1998

I/We have read and understood this document. I/We have been advised, and given the opportunity, to seek independent legal advice on the contents of this document.

I/We hereby apply for a credit and warrant by signature/s below that the information furnished by me/us in support is true and correct. Should my/our application be successful, I/we agree to be bound by the above terms and conditions that I/we have read and understood.

In the event that the Applicant is an incorporated entity, the person/s signing this agreement warrants that they are authorised to sign on behalf of the Applicant and to bind the Applicant in contract.

I/We declare that the credit to be provided to me/us by the credit provider is to be applied wholly or predominantly for:

  • Business purposes; or
  • Investment purposes other than investment in residential property

By signing this declaration you may lose your protection under the National Credit Code.

Change of Details

This information is being collected and used by Council in the exercise of its powers and functions under the Local Government Act 1993. Council may disclose your personal information to its contractors or professional advisors to assist Council to perform its functions. This information will not otherwise be disclosed without your consent or as required or permitted by law. Council will protect and secure the personal information it holds and report to you any breaches of security. The information will only be amended upon receipt of written instructions either from yourself or from parties authorised to act on your behalf. You have a right to access your personal information held by council for the purpose of checking accuracy. If you have any questions related to how council manages privacy, please contact Council's Privacy Officer or Right to Information Officer on 1300 765 002. Ref: Privacy and Personal Information Protection Act 1998 (PPIP Act).

Direct Debit Service Agreement - Rates and Water

These Terms and Conditions are applicable to the Direct Debit Request Form found on Council's website.

This Direct Debit Request (‘DDR’) Service Agreement is between the Direct Debit User (Mid- Western Regional Council ID No 025931) and you (the Customer). All notices for rates and charges will continue to be issued in accordance with the provisions of Section 546 of the Local Government Act, 1993.

Privacy and Personal Information Protection Notice

MID-WESTERN REGIONAL COUNCIL'S COMMITTMENT TO YOU

  • Council will provide a minimum of fourteen (14) days notice to change the terms of this agreement.
  • A copy of your Direct Debit Request will be made available to you upon your written request.
  • All customer information will be confidential, except as required by Council's sponsor financial institution and by law.
  • Any debit due to be drawn on a non-business day will be drawn from your nominated financial institution account on the next business day.

YOUR COMMITMENT TO MID-WESTERN REGIONAL COUNCIL

  • The Direct Debit Request must be submitted to Council no less than five (5) days prior to the date of extraction of the initial direct debit amount.
  • It is your responsibility to ensure that the nominated account can accept Direct Debits
  • It is your responsibility to ensure that CLEAR funds are available in the nominated account on any due date to meet each drawing.
  • You must not alter or defer the drawing schedule unless the changes are made to Mid-Western Regional Council in a written or electronic form.
  • You must advise Council, giving a minimum of five (5) days notice of such change/changes before the next required payment if the nominated account is transferred or closed, or the account details change.
  • It is your responsibility to arrange a suitable payment method if Mid-Western Regional Council cancels the drawing arrangements as per service agreement.
  • It is your responsibility to ensure that all account holders on the nominated financial institution account sign the DDR schedule.

YOUR RIGHTS

  • Any disputed transaction should be referred to Mid-Western Regional Council. An explanation will be supplied within seven (7) workings days.
  • You may cancel the Direct Debit Request with Mid-Western Regional Council by giving a minimum of five (5) days notice before the next required payment. A cancellation must be made on Council's Direct Debit Adjustment/Cancellation- Rates/Water Form.

OTHER INFORMATION

  • Direct Debit through BECS, is not available on all accounts.
  • The customer is advised to check their account details with their financial institution before completing the DDR.
  • The details of your drawings are contained in the DDR Schedule.
  • Mid-Western Regional Council reserves the right to cancel the DDR if three (3) drawings are dishonoured by your Financial Institution, and to arrange with you an alternate payment method. Any debit which is dishonoured will be reversed from the rate, water usage and/or debtors account and any dishonour fee charged to Council will be passed on to your rate, water usage &/or debtors account.This is not a payment arrangement rather, a method of payment for rates and/or water accounts. All enquiries regarding this Direct Debit Request are to be referred to Council.

Pensioner Concession Application

The below Terms and Conditions are applicable to the Pensioner Concession Application Form relevant to Pensioner rebates found on Council's website.

The information contained in this application form and any information requested for the purpose of assessing eligibility for a pensioner concession is required under the Local Government Act 1993 and the Local Government (General) Regulation 2005.

By submitting this form, you declare that the information provided is true and correct and that you are the person making this application. If you make a false statement in an application, you may be guilty of an offence and fined up to $2,220

Consent
The information provided on this form is private and confidential and your Council must not disclose the information to any person or body, if it is not directly related to the purpose for which the information was collected. If you have a complaint about the use of your personal information, contact your Council’s Public Officer. The information contained or referred to in this application form may be corrected and updated by you, by contacting your Council.

Please read the conditions and sign below to confirm your consent to your Council checking your concession eligibility with Centrelink or the Department of Veterans’ Affairs. Your details may be checked regularly, to confirm ongoing eligibility. At any time, you have right to withdraw your consent by contacting your Council.

I authorise:

  • Council to use Centrelink Confirmation eServices to perform a Centrelink/DVA enquiry of my Centrelink or Department of Veterans’ Affairs customer details and concession card status to enable Council to determine if I qualify for a rebate.
  • The Australian Government Department of Human Services (the department) to provide the results of that enquiry to Council.

I understand that:

  • The department will disclose personal information to Council including my name, address, payment type, payment status and concession card type and status to confirm my eligibility for a rebate.
  • This consent, once signed, remains valid while I am a customer of Council unless I withdraw it by contacting Council or the department.
  • I can get proof of my circumstances/details from the department and provide it to Council so my eligibility for a rebate can be determined.

If I withdraw my consent or do not alternatively provide proof of my circumstances/details, I may not be eligible for the rebate provided by Council.

Additional Information
Your council will determine your eligibility to receive a rebate of up to $250 on your rates account. You may also be eligible to receive up to $87.50 on your annual water charges and up to $87.50 off your annual sewerage charges, if your council provides these services. Alternatively, if your council does not provide these services, contact your water/sewer service provider for more information.

Eligibility:

  • Holders of the PCC (Pensioner Concession Card);
  • Holders of a gold card embossed with ‘TPI’ (Totally Permanently Incapacitated);
  • Holders of a gold card embossed with ‘EDA’ (Extreme Disablement Adjustment);
  • War widow or widower or wholly dependent partner entitled to the Pensioner Concession Card*.

* If you are a war widow or widower or wholly dependent partner but do not have a Pensioner Concession Card, you should contact the Department of Veterans’ Affairs (DVA) to test your eligibility for the DVA income support supplement. Eligibility is subject to an income and assets test. Holders of cards other than those listed above are not eligible for the concession. For assistance from the DVA call 133 254.

Refund or Transfer Request

The below Terms and Conditions are applicable to the Refund or Transfer Request Form found on Council's website. 

Privacy & personal information declaration
This form is for the assessment of eligibility for the transferring of funds due to overpayment of Rates and Water. The intended recipients of this form are relevant Council staff and approved contractors of Mid-Western Regional Council. The supply of this information is voluntary, however a completed application is required in order to process the requested transfer.

Property Number Location on Rates/Water Notice
Your Property Number is located on the top right hand side of your Rates/Water Notices.

Terms and Conditions

PROOF OF PAYMENT
Council requires evidence of payment if there has been a payment error. Evidence could include a receipt, a BPAY confirmation, a remittance advice or a bank statement. This is an auditing requirement to ensure funds are being transferred and allocated correctly within Council.

ENSURE THERE IS AN AVAILABLE CREDIT
Council cannot transfer funds unless there is an available credit on the Rates/Water account or in the event that there has been a payment mis-allocation on Council's behalf.

PROCESSING FEE
Council will provide one refund per financial year free of charge. Subsequent requests for refund of a credit balance on rates, water usage and general debtor accounts will be charged a refund processing fee as outlined in Council's Fees & Charges. Any fee applicable will be deducted from the total refund amount requested.

SETTLEMENT OVERPAYMENT
It is the responsibility of the owner and the third party in the event of settlement or managing agent overpayment, to ensure that there is not a double payment on an account. It is at Council's discretion to transfer monies due to payee errors.

INTEREST CHARGES
Council is unable to reverse or waive accrued interest charges if the payment allocation is a result of payee error.

CORRECT INFORMATION
It is the applicant’s responsibility to ensure all information provided on this form is correct.

DISPUTED PAYMENTS
If the applicant is in the process of disputing this payment with their Bank or Financial Institution DO NOT COMPLETE THIS FORM. Mid-Western Regional Council cannot take action while the payment is under dispute. The applicant must refer the matter to their Bank or Financial Institution.

LODGEMENT
Minimum processing period for refunds is 7 -10 working days from submission as payment runs are processed on a weekly basis. You may lodge your application over the counter or by: 
MAIL PO BOX 156, MUDGEE NSW 2850
EMAIL COUNCIL@MIDWESTERN.NSW.GOV.AU

Concealed Leak Application

The below Terms and Conditions are applicable to the Concealed Leak Application Form found on Council's website.

Water usage charges – (residential properties)

a) A property owner is responsible for all water usage that is recorded on the water meter/s located on their property, notwithstanding there is a leak, which includes an undetectable leak.

b) The determination of the application will be made by Manager Revenue & Property.

c) The application is to be made on the appropriate form.

d) The property for which the application applies must be land categorised as residential for rating purposes in accordance with section 516 Local Government Act.

e) The applicant must be the owner/s of the property for which the application applies.

f) The application must be received by Council within 60 days of the issue of the water usage account.

g) The leakage must have been significant and undetectable. Significant leakage is determined if the water usage for the period in question is greater than 150 kilolitres and is 1.5 times greater than the previous 3 years daily average usage. Undetectable leakage is defined as occurring within pipeline breaks or connections in the ground, under slabs or within walls and is clearly not visible by the owner.

h) The submission of a copy of the licensed plumber’s invoice or account should accompany the application outlining the cost of the repairs that were necessary, stating the location of the leak, the nature of the repairs and supported by a Statutory Declaration, advising that the entire service is in good condition and does not need replacing.

i) Where the application meets the criteria specified, the water usage which is greater than 1.5 times the previous 3 years daily average water usage, will be charged at 2 times the rate of the raw water usage charge for the relevant financial year. A maximum reduction of $2,500, being the amount that was raised initially to the amount raised based upon the raw water charge, applies.

j) Only one application will be accepted as a result of an undetectable leak at the same property and by the same owner/s, regardless of whether it is a related event or a separate undetectable leakage.

k) Applicants will be advised in writing of the decision within 30 days of receipt of the application.

Sewer usage charges – (non-residential properties)

a) In accordance with clause d) above, non-residential properties are ineligible for reduction in water usage charges under this policy.

b) Where a non-residential property, subject to sewer usage charges based on water consumption, experiences an undetected leak which has not discharged to the sewer system, sewer usage charges will not apply in relation to the quantity of water estimated to be the subject of the leak.

c) Clauses a), b), c), e), f), g), h) & k) above apply to any application under this part.

Sale of Property Advice

The below Terms and Conditions are applicable to the  Sale of Property Advice Form found on Council's website.

In an effort to ensure that your clients are not disadvantaged in anyway after settlement of a property sale, it would be appreciated if your Office would advise Council of all new owner details at settlement by completing this Form and returning it as soon as possible.

Council cannot change the ownership of a property without notification from the Land Titles Office, however in the interim, new owner contact details may be recorded at settlement ensuring that all correspondence and notices are dispatched care-of the new owner.

In the event that the new owner or vendor contacts Council regarding settlement adjustments or ownership transfer, the customer will be referred to their solicitor or conveyancer for clarification of the matter.

CORRECT INFORMATION

It is the responsibility of the acting solicitor/conveyancer to ensure all information provided on this Form is correct. Outstanding settlement amounts being paid for rates, water/sewerage usage or sundry accounts should agree with the amounts as verified by Council on the 603 Certificate or at the time of the subsequent 603 Certificate update.

SETTLEMENT PAYMENTS

If a payment is received in addition to the settlement payment as required on the 603 Certificate/Update, it is the responsibility of the acting solicitor/conveyancer to notify Council and request the refund of any overpayment. The request for refund must be made on Council’s Request for Refund or Transfer Form.

 

Venues

Hire of Council Facilities

The below Terms and Conditions are applicable to the hire of Council Facilities. 

Current as of: Tuesday 28 June 2022

CONDITIONS OF HIRE 

  1.  Applications for the hire of Council facilities must be made by the person who will be responsible for payment of fees and any other charges arising from the function, and who will be in attendance for the duration of the function. Under no circumstances shall the hirer assign or sublet the Council facility.
  2. The promoters of public functions are required to provide at least one adult attendant per 100 persons attending.
  3. Bookings are completed online and are tentative until confirmed by the relevant Council department.  Payment for bond and hire fees are required 30 days prior to booking commencement or at the time of booking.  Where the hirer has Council financial assistance approval, written notification is required.  Tentative bookings are only taken if an application for financial assistance to waive hiring fees is currently with Council awaiting a decision. 
  4. Business/Commercial or Incorporated body hirers are required to submit a certificate of currency for Public Liability Insurance - The hirer shall hold a public liability policy for a minimum limit of indemnity to $20 million. The policy shall note Mid-Western Regional Council as an interested party.
  5. Persons/organisations must have read and understood the emergency procedures pertaining to the venue including their responsibilities in the event of an emergency evacuation of the venue.

REFUSED OR CANCELLED FUNCTIONS

  1.  Council expressly reserves the right of absolute discretion to refuse to accept any function or to cancel any function already made with one month’s notice. However, immediate cancellation may be effected if deemed necessary by the General Manager.
  2. The Council will not be liable for any loss or damage or otherwise in consequence of the exercise of this right. In these circumstances, Council may refund any portion of fees paid if such refund is considered warranted.

REVISION OF CHARGES

Council expressly reserves the right to revise fees and charges from time to time as may be necessary. Fees and charges increase 1 July each year and any increases will be charged to the hirer.

CANCELLATION OF USE

  1. Where the hirer seeks to cancel the hire 30+ days from hire then 100% of fees will be returned. If cancelled 14-29 days from hire then 50% of hire fees will be returned and if cancelled less than 14 days from hire 0% hire fees will be returned.
  2. All cancellations or transfers of bookings should be completed online at https://midwestern.bookable.net.au.  All cancellations or transfers of bookings for Glen Willow Stadium should be forwarded to Council in writing. 

YOUTH EVENTS / PARTIES

Youth events / parties apply to 13 - 25 year olds

  • A parent / guardian must complete, sign the application form and take responsibility for the event if the hirer is under 18 years old.
  • For Youth Dances, Discos, etc. there shall be one adult attendant per 50 persons, plus a Security Guard from a recognised security firm to be paid for by the hirer.
  • The attendants must be capable of maintaining order at the functions, and are to be responsible to the Council.

CONDUCT

The hirer is responsible for the conduct of each and every person in attendance at the function and shall be deemed controllers of Council facility during the period of hire. The hirer shall be responsible for the health and safety of all patrons to the event and for the maintenance and preservation of good order generally. Should it become necessary during the occupation of the Council facility for the hirer to leave the premises, he/she must nominate a responsible person to act on his/her behalf. Council will not permit or suffer anything to be done in the Council facility, or its vicinity, which is disorderly, offensive or dangerous. Please be respectful of other users and neighbours.

LIABILITY FOR PERSONAL INJURY AND/OR DAMAGE TO PROPERTY

The hirer will indemnify and hold harmless Mid-Western Regional Council for all loss of, or damage to, property of the Council and from and against any claim, demand, action, suit or proceedings that may be made or brought against the Council or its employees in respect of personal injury to, or death of, any person or loss of, or damage to, property whatsoever arising out of, or as a consequence of, the hirer’s use of the Council facility. The Hirers’ liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.

DECORATIONS

  1. The erection of streamers, flags, bunting or other decorations or the erection or placing of structures in the Council facility is to be carried out only with the approval and under the supervision of the Council. The hirer must remove all decorations and structures and make good at their own expense any damage caused by the placement or removal.
  2. Please note: If a hirer requires early access to the Council facility for the purpose of erecting decorations, etc, additional hire time may be charged.
  3. Possession of keys does not entitle the hirer to enter the Council facility outside of the agreed hire period.

ADVERTISING ANY FUNCTION

The hirer or promoter shall not advertise any function within the Mid-Western Local Government Area in a manner which contravenes Council’s Development Control Plan.

VENUE RULES

  1.  Council facilities are smoke free areas. Smoking is strictly prohibited.
  2. It is expressly prohibited to use or to bring onto the Council facility or use any volatile/inflammable materials.
  3. The hirer is not permitted to take into, or use, within the venue and grounds: any type of firework or flammable substances, any chemical substance deemed toxic or dangerous without prior consent from Council.
  4. It shall be the responsibility of hirers to provide the required first aid equipment and trained first aid personnel suitable for the size and nature of the event.

REMOVAL OF PROPERTY AND GARBAGE

The hirer must vacate the Council facility in a clean and orderly condition to the satisfaction of Council staff. If this cleaning cannot be completed on vacation of the facility, arrangements must be made with Council staff prior to the event commencing. All goods; etc brought in by the hirer must be removed from the Council facility no later than at the end of the booking. Any goods left on the Council facility after occupancy may be removed and disposed of at the discretion of Council, without compensation to the owner or person responsible. All tables and chairs must be stacked up and the rooms left clear for use by the next hirer.

Removal of garbage is included in the hiring fee (this does not apply to Mudgee Showground hire), providing the garbage is left in the garbage bins provided. No loose heaps of garbage are permitted to be left behind. Any costs associated with the removal of excess garbage will be deducted from the bond.

LOSS OR DAMAGE

The hirer is responsible for the cost of making good any damage caused to the Council facility, floor, furniture, fittings or grounds arising out of, and in the course of, the function. (Reasonable wear and tear alone accepted). The hirer should report any broken or damaged equipment, fittings or furniture to Council. Any damage caused to the Council facility or contents will be restored by the Council and the cost charged to the hirer. If the total cost exceeds that of the bond, the hirer will pay the shortfall. The Council retains the right to determine the cost of damage or cleaning and to retain this part of the bond. The bond, less any deduction shall be refunded within twenty-eight (28) days to the hirer directly to the credit card used for payment or where another payment method was used, bank account details will need to be provided in order to refund by direct deposit. Where damage exceeds the amount of the deposit the hirer will pay the balance. Council inspects the facility after every hire and records the condition of the facility at that time.

ELECTRICAL AND SOUND EQUIPMENT

No connection of or interference with the electrical installation, lighting effects, sound system or fittings or other properties will be allowed without the approval and under the supervision of the Council.

VACATION OF COUNCIL FACILITY

The hirer will be held responsible for seeing the Council facility is vacated and properly secured by the scheduled time. If the Council facility is not vacated by the scheduled time, a surcharge will apply based on the schedule of fees for the venue. The hirer will be responsible for the proper behaviour of guests and their quiet departure from the venue.

DIRECTION FROM COUNCIL OFFICERS

The hirer agrees to act in accordance with Council Officers as directed. Council reserves the right to require its officers to be in attendance at functions. A fee will be charged accordingly.

ALCOHOL

The sale of spirits or other alcoholic liquor will not be permitted in the Council facility without the hirer providing proof of a liquor licence for the function/event. The sale and consumption of alcohol is subject to separate approval.

NOISE

The level of noise emissions from any band, orchestra, musical instrument or activity at the venue shall not exceed normal background noise level when measured at the nearest boundary of any residential property. After 11.00pm, the noise emission shall not exceed the background noise level at any point outside the Council facility. A breach of this condition may result in an on-the-spot fine of $200 or more under the Protection of the Environment Operations Act 1997.

VEHICLE MANAGEMENT

  1. Participant and spectator vehicles must not be parked on Council’s parks or reserves or upon grass verges or footpaths.
  2. Do not block private or public driveways.
  3. All parking of equipment trucks must comply with the signage existing in the street.
  4. No items shall be placed in front of, or obstruct access to the fire exits.
  5. The hirer is requested to provide disabled parking at convenient locations.

The hirer shall abide by all additional conditions of hire relating to each individual venue as outlined below.

 VENUE CONDITIONS
Mudgee Showground
  • Main Pavillion - With a large open area, great lighting and concrete flooring the Main Pavilion is ideal for exhibitions, social events, and can seat up to 400 people.
  • Animal Stalls - Up to 100 seated.
  • If alcohol is to be served, the organiser is to provide a licensed security guard for every 50 people attending.
  • The acoustic panels in the Showground’s main pavilion are not to be touched in any way. The acoustic panels are made of specialised material and are somewhat fragile. Dirty hand prints will not come off easily, and pins and tape will injure the surface of the panels and could even put holes in them. Any damage caused to the acoustic panels will be at the cost of the hirer.
  • No glass drink containers are permitted in the grassed areas.
  • The hirer is responsible for cleaning the ground/hall and toilets after use, and is responsible for removal of their garbage. $80.00 will be deducted from the bond if garbage is not removed from the premises within 24 hours.  
Gulgong Memorial Hall
  • 55 tables, 400 chairs
  • All tables and chairs must be stacked neatly against the wall after use
Rylstone Amenities Hall
  • 10 tables, 55 chairs
  • All tables and chairs must be stacked neatly against the wall after use
Rylstone Memorial Hall
  • 18 tables, 350 chairs
  • All tables and chairs must be stacked neatly against the wall after use 
Kandos Community Hall
  • 13 tables, 200 chairs
  • All tables and chairs must be stacked neatly against the wall after use