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1. Market Business
1.1. Requirements of a Market Business
A market business is a business that:
(a) either:
i) holds a Lease or Licence for all or any part of the Market Land;
or ii) operates a business relating to fresh Produce, the flower industry or any other goods or services approved by the MMA;
(b) has:
i) a current pooling equipment account;
ii) provided the MMA with docume...
2. Access Cards and Visitor Passes
2.1. Access Cards
(a) A Market Business Associate may apply to the MMA for an Access Card.
(b) The MMA may, in its absolute discretion, grant an Access Card to a Person who satisfies the following requirements:
i) is at least fifteen years of age;
ii) has undergone the Induction Program;
iii) has the written consent of the Nominee of the Market Business to enter and...
3. Access to Market Land
3.1. No entry prior to prescribed entry times or without Access Card
A Person (other than a Person performing Emergency Services) must not enter or remain on Market Land:
(a) unless he or she holds a valid Access Card or Visitor Pass and has paid any Access Card Fees; and
(b) except at the times prescribed in writing by the MMA from time to time, buyers may not enter Market Land prior to the Des...
4. Conduct on Market Land
4.1. Entry conditions
A Person entering Market Land and each Market Business operating on Market Land must:
(a) comply with these Operating Rules;
(b) comply with any Policy and Procedure;
(c) comply with all applicable local, State and Federal Laws (including those relating to Personal behaviour).
4.2. Behaviour on Market Land
Ea...
5. Trading on Market Land
5.1. Sale, storage, staging, sorting, packing, re- packaging or display of Produce or flowers
(a) Subject to Rule 5.1
(b), the sale, storage, staging, sorting, packaging, re-packaging, or display of Produce or flowers may only occur on Market Land wholly within or on a Leased Premises, Unloading Area, Trading Stand, Flower Stand or Unloading Area and in accordance with the terms and conditions of the app...
6. Post Box
Any Market Business may request a Post Box. If there is a Post Box available, the MMA will make a Post Box available to the Market Business subject to the Market Business paying the Scheduled Fee.
7. Waste management and pallet clearance
7.1. Recycling and Waste management
(a) Each Persons and each Market Business Operating on Market Land acknowledges and agrees:
i) to dispose of all rubbish or waste products in accordance with the recycling and waste management procedures and policies (including the Recycling and Waste Management Procedure);
ii) at the end of Trading Hours to remove all Waste for which that Per...
8. Pallet clearance fees
(a) All pallets not held under an account must be managed and securely stored at the end of Trading Hours each day.
(b) Any pallets left other than within a Leased Premises or designated pallet storage area will be cleared and disposed of by the MMA and a clearance fee charged to the responsible Market Business.
9. Vehicle, road and traffic management
9.1 Compliance with traffic management
A Person on Market Land must:
(a) when walking, where available, use a Pedestrian Walkway in all areas of Market Land where it is reasonably practical to do so;
(b) obey all Traffic Signs; and
(c) ensure that any Vehicle or Market Approved Vehicle under its control is operated in compliance with all Traffic Signs.
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10. Specific vehicles restrictions
10.1.Forklift and Market Approved Vehicles
A Person on Market Land must not:
(a) operate, drive or leave a forklift:
i) within the National Flower Centre;
ii) within the buyers walk area of the Trading Floor Complex (other than on forklift Crossovers);
iii) within a Store licensed area during Trading Hours;
iv) in the Visitor Car Park, the Passenger Vehic...
11. Parking of Vehicles
11.1. Entry of Vehicles
A Person must not bring, or permit to be brought in or upon Market Land, a Vehicle except:
(a) at such times and in accordance with the conditions of an Access Card or other written authority issued to that Person or the owner of the Vehicle by the MMA;
(b) in accordance with these Operating Rules; and
(c) upon payment of the applicable entry fee for the Vehicle...
12. Workplace Health and Safety
A Person on Market Land must:
(a) wear clothing which complies with AS/NZS 4602:1:2011 other than while wholly within:
i) a fully-enclosed Vehicle; or
ii) an area of Market Land designated and marked by the MMA as exclusively for use as a retail premises or for office administration;
(b) comply with the OH&S Plan and all relevant OH&S Requirements at all times;
(c) behave in a...
13. Privacy
13.1. Compliance with Privacy Laws
(a) The MMA is bound by the Privacy and Data Protection Act 2014 (Vic) (Privacy Act) including the Information Privacy Principles in the Privacy Act.
(b) Any Personal Information collected by the MMA will be handled by the MMA in accordance with its obligations under the Privacy Act as amended from time to time.
(c) Personal Information may be collected directly from the in...
14. Indemnity
14.1. Release
Each Person who enters and each Market Business operating on Market Land:
(a) enters and occupies Market Land at their own risk; and
(b) releases the MMA, the MMA Associates and Authorised Representatives against any Claim by or on behalf of that Person arising from any loss, damage, death or injury to that Person or any property of that Person due to that Person’s use of or presence on...
15. Limitation of liability
(a) To the extent permitted by law, the MMA and any MMA Associate or Authorised Representative are not liable for anything they may or omit to do or for any loss of damage to any Vehicle, property or goods, or death or injury to any Person however caused.
(b) Any covenant, warranty or obligation of the MMA which is implied by legislation or the common law is excluded to the extent permitted by law. To the extent that the MMA can...
16. Variation of the Market Operating Rules
The MMA may delete, vary, amend any covenant or obligation of any Person under the Operating Rules or insert in the Operating Rules any additional covenant or obligation on any party including but not limited to varying or adding to these Operating Rules whenever the MMA considers it necessary or desirable to do so.
17. General
The MMA will publish, and regularly update, its Operating Rules and any Policy or Procedure issue on the MMA website
1. General
1.1 No effect on MMA’s Rights
Nothing in this Annexure B limits the MMA’s ability to exercise its lawful rights as lessee of Market Land or in any other capacity.
1.2 Address for notices issued by the MMA
(a) The MMA will send any notice issued under this Annexure B to:
Access Card means a permit issued by the MMA to a Person entitling that Person to enter Market Land at the times and on the conditions determined by the MMA.
Access Card Fee means the relevant fee specified in the Schedule of Fees.
Act means the Melbourne Market Authority Act 1977 (Vic), as amended or re-enacted from time to time.
Approved Access Point means Gate 1, 2 and 3 as marked o...