4. Ulladulla Harbour - Land - NSW Government

ULLADULLA HARBOURAND FORESHOREREDEVELOPMENT OPPORTUNITYEXPRESSIONS OF INTEREST1 May ‐ 30 June 2008

Contents1. The invitation 22. The site 23. The township of Ulladulla 64. Ulladulla Harbour 65. The project objectives 76. The opportunity 77. Lease arrangements 148. Property and planning information 149. Other information 1510. The development process 1611. The evaluation process 1612. Lands’ objectives for the EOI process 1613. Assessment criteria 1714. EOI proposals 1715. Enquiries and inspections 1816. Lodging your EOI 1817. Terms and conditions of the process 18

1. The invitationThe NSW Government is committed to facilitating theredevelopment of the Ulladulla Harbour and Foreshore(the Project Area). The Project Area has the potential tobe a major social and economic hub for the townshipof Ulladulla. It already draws significant numbers ofvisitors to the area to participate in an array ofrecreational and commercial boating activities and toenjoy the sheltered aspect.It is envisaged that the Project Area can be sympatheticallyredeveloped to build on its unique heritage andmaritime characteristics to provide for enhanced marine,commercial, recreational and tourism uses.The NSW Department of Lands (Lands) is seekingExpressions of Interest (EOIs) from interested parties(Proponents) for the redevelopment of the ProjectArea by way of a lease agreement between Landsand the Proponent for one or more of the sites withinthe Project Area.This document sets out the terms and conditions by whichProponents may submit an EOI. A Proponent may submitEOIs for one or more of the sites within the Project Area.A two-stage process will be used to select one or morepreferred Proponents for the development of the ProjectArea. Expressions of Interest are now invited for the firststage of the process. Following the receipt of the EOIsan assessment and selection process will take place.Preferred Proponents will be short-listed to proceed tofurther evaluation. During the second stage of the processthe short-listed proponents will be asked to providedetailed proposals. Based on these detailed proposalspreferred Proponent(s) will be identified and developmentagreement(s) negotiated.2. The siteThe site is at Ulladulla, approximately 100km south ofWollongong. A Locality Plan is shown in Figure 1.The Project Area is shown on Figure 2. For the purposesof this Expression of Interest process, it has been dividedinto two precincts.• Precinct A encompasses the Working Port Area onthe south side, plus the boat launching ramp, slipwayand car parking areas within the south-westerncorner of the harbour (NB the Ulladulla Fishermen’sCo-operative site is not included).• Precinct B includes Rotary Park, the main boat launchingramp and the northern portion of the Ulladulla Harbourbed (NB Kendal’s Cottage area is not included).Most sites within Precinct B, including Millards Beachforeshore are presently under the Reserve TrustManagement of Shoalhaven City Council (Council).Expressions of Interest may cover the entire Project Area ora number of specific sites within the Project Area.Lands priority interest is redevelopment of the WorkingPort, however because of the benefits in approaching theredevelopment of the Project Area in an holistic mannerLands will give consideration to proposals which covermore than one Precinct and which include public domainimprovements.A plan of property boundaries is included as Figure 3.2

****Road DistanceFigure 1.Locality plan

Figure 2.Project Area– Ulladulla HarbourA4A3A1A2B3B2NB1

5Figure 3.Property Boundaries– Ulladulla Harbour

3. The townshipof UlladullaThe township of Ulladulla is situated on the south coastof New South Wales within Shoalhaven Shire. This LocalGovernment Area currently has a population of almost90,000 people. It is one of the highest growth areasoutside the Newcastle/Sydney area in New South Walesand the most visited by tourists outside of SydneyThe township of Ulladulla is approximately 100km south ofWollongong and less than four hours by road from Sydney(as shown in Figure 1). As with many coastal towns alongthe eastern seaboard of Australia, Ulladulla is growingrapidly as a result of general increase in population,the nation’s ‘Baby Boomer’ generation increasing theproportional number of retirees seeking to settle on thecoast and the ‘sea change’ phenomena. It is also a popularholiday destination, attracting visitors from Sydney,Canberra, regional NSW and Victoria.Ulladulla is sited around its picturesque and historicharbour. The area is well known for its surfing beaches,scenic hinterland, relaxed country atmosphere andfresh seafood. The harbour is a popular destination forrecreational boating and fishing, and is the focal point ofthe local commercial fishing industry.The harbour was constructed during the last centuryto meet the growing demands of the fishing industry.It is located on the southern rocky shoreline of a deepnatural bay formed between Ulladulla Head to the northand Warden Head to the south. Seaward of the harbourbreakwaters the foreshore of the bay is characterisedby rocky cliffs and platforms lined by native vegetation.Millards Creek discharges into the north western corner ofthe harbour.The local Central Business District (CBD) is situatedimmediately to the west of the harbour. The PrincesHighway runs along the western foreshore. Travellingsouth from Wollongong, Ulladulla is the first locationalong the highway that tourists have an opportunity tocome in close contact with the sea.The boat harbour is separated from the sea by twobreakwater structures. These were constructed in the early1960s and subsequently raised in the 1970s to provideimproved protection from ocean storms. The harbourincorporates one wharf, two jetties, a recreational vesselarea that provides moorings for 42 vessels, two boatlaunching ramps and two slipways.4. Ulladulla HarbourThe harbour is used by a diverse range of groups. On thenorthern side is Rotary Park. This area provides for passiverecreation, family BBQ facilities, viewing platforms andwalking tracks. It also includes the main boat launchingfacility in this region which can accommodate up to 100boat trailers within Rotary Park.Millards Beach is situated on the western side of theharbour. The narrow beach has little use by bathers duringwarmer months of the year due to other larger beachesbeing available within close proximity to the harbour.On the south western side of the harbour there arepresently a variety of activities, including storage ofdinghies along the beach to service the 42 swing mooringsin the central portion of the harbour, a small slipway whichhandles vessels up to 40 tonnes, a boat launching ramp(popular with the community) and an extremely restrictedparking area for cars and boat trailers.The Working Harbour, situated on the southern side,contains a mixed range of businesses and activities notall of which are compatible. The dominant industry, theUlladulla Fishermen’s Co-operative (Co-op), has beena major financial contributor to the region over recentdecades. Formed in the 1950s it continues to operate on asound footing and currently has some 26 fishing vessels inthe local fleet.Resulting from government restructuring of the fishingindustry, the Co-op has made a commercial decision toredesign its existing building to improve fish processingoperations and seek new business opportunities. Servicingthis industry, as well as the south coast, a large slipwayaccommodating vessels up to 200 tonnes has been builtfor boat maintenance, repainting activities and surveys.Also located in the Working Harbour are five charter boatsoffering fishing, diving and eco-tours to the public. TheRoyal Volunteer Coastal Patrol (RVCP) is also based in theharbour and operates two vessels and manages a multipurposebuilding in the south eastern corner. Opposite theRVCP building is the former abalone processing building,which is currently being used for other purposes.Council is currently implementing a plan for improvedaccess for pedestrians around the harbour and at presentis focusing on improvements in Rotary Park and thewestern side of the harbour.Over the past five years Lands has worked closely withother state agencies, Shoalhaven City Council, variousharbour groups and the local community to gain an6

Appendix 1:Lands’ Holdings- Opportunitiesunderstanding of their desires and requirements. Lands’engaged consultants to carry out a planning study of theharbour, focusing on improvements to meet the demandsof the various harbour groups over the next 25 years.A ‘Base Design Concept’ has been developed by Lands’consultant with input from key groups. The results ofthis work, which involved a series of workshops has beenpresented to various levels of government and culminatedin a final presentation to the Ulladulla community. It hasbeen on extended display on the Lands’ website. While itis not intended to be prescriptive regarding developmentof the harbor, it provides a vision of the potential of theharbour.Key components of the base concept include:• the retention of the commercial fishing industry andmaintenance of heritage values• the establishment of safe, high quality public accessaround the harbour and improved public amenity• accommodating increased numbers of recreationalvessels on water and potentially in ‘dry stack’ facilities• a range of commercial uses around the waterfront toservice harbour users, locals and tourists• enhanced ‘Working Port’ facilities.Refer to Section 8 Other Information for further details.5. The project objectivesThe primary objective for the project is to redevelopUlladulla Harbour as a major tourist destination withenhanced maritime facilities, catering for a growingmaritime community which includes a strong commercialfishing fleet, an expanding eco-charter industry, a growingrecreational boating precinct plus an important vesselmaintenance centre. As a result it will be viewed as thecentrepiece in the revitalisation of the Ulladulla towncentre which is underway with the support of ShoalhavenCity Council.Other project objectives include:• accommodating an increased number of boats (eithercommercial or recreational) in the harbour through theprovision of either more wet berths or the introductionof dry-stack storage facilities• ensuring the ‘Working Port’ is able to continue tofunction• providing a range of new commercial uses around thewaterfront, normally associated with marina precinctsthat will service tourism, such as cafes, restaurants,retail, conferencing, booking offices and shipschandleries• ensuring the future character of the Project Areareflects the proposed upgrading of the town centrethrough the introduction of high quality materials ofa long service life that will enhance the linkage of thetown CBD with the harbour. In doing so, giving closeattention to the integration the two precincts andimportantly the vista created• promoting the heritage value of the port (such asthrough a combination of interpretive signs anddisplays around the foreshore as well as possible themeincorporated within proposed commercial buildings)• better managing the harbour area, including theprevention of pollution incidents (such as throughthe installation of appropriate pump-out facilities forrecreational and commercial vessels)• establishing high quality, safe public access around theharbour. Proposed movement corridors for pedestrianspresented in NSW Government Architect’s 2003 DesignConcept Plan should be recognised and enhanced.• better managing vehicles associated with visitors to theharbour area.• providing a development that is environmentally andfinancially sustainable.6. The opportunityThe Expressions of Interest process involves two precinctswhich cover both sides of the boat harbour. The primaryarea of interest, the ‘Working Harbour’, is positioned onthe south side and presently contains a diverse rangeof maritime activities. The second area is located on thenorthern side of the harbour and encompasses Rotary Parkand a portion of the harbour itself and the foreshore.In considering the ‘Working Harbour’ area considerationshould be given to planned redevelopment by the UlladullaFishermen’s Co-operative P/L on its site which is located inthe south western corner of the harbour.The successful Proponent(s) will have the vision andcreativity, financial strength, experience and expertise tomake a distinctive contribution to this iconic foreshore area.7

Lands has a preference for proposals which cover theWorking Harbour area and which include public domainimprovements. Proponents may elect in their proposals toindicate an interest in part or the whole of any identifiedarea or in a combination of land parcels.A proponent’s willingness to participate in theredevelopment and funding of public domainimprovements, as part of a total boat harbour revitalisationpackage, will be a key factor in determining whether aproponent will be invited to participate in subsequentstages of this public call process.The vision for each area as described herein is not intendedto be prescriptive. It is merely intended to give guidanceon potentially acceptable forms of development andshould not be construed as precluding other initiatives.It is, however, based on the considerable community,stakeholder and government feedback that has beenprovided on redevelopment initiatives to date.Precinct A: Working Harbour and surroundsPrecinct A consists of four areas as follows.A:1 The ‘Mooring Area’A:2 The Boat Maintenance AreaA:3 The Southern Foreshore AreaA:4 The South Western Foreshore AreaFigure 2 illustrates the features of Precinct A and each ofthe defined areas, which are described in the followingsections.Area A:1 The ‘Mooring Area’The current situationThis Precinct encompasses the majority of the current fixed mooring facilities as shown on Map A:1. The dominant activityin this area is associated with the commercial fishing industry and principally involves the unloading of catch and servicingof vessels. The number of fishing boats in the fleet is variable and dependent on permitted access to seasonal fish grounds.Transient vessels also seeking the same fish species may require temporary accommodation in this area. While restructuring ofthe fishing industry has taken place, the number of fishing vessels in the local fleet has not reduced significantly.Competition for available mooring space is quite fierce. Boat owners in most cases have to accept a rafting arrangement to beaccommodated in the harbour. Other boating groups, such as charters are growing and now demanding a higher standard tosafely service the expanding tourist market.The following provides details on the approximate number of vessels presently permitted to moor in this area.• Tee Jetty - 24 commercial fishing vessels (17m -22m), four recreational vessels, two rescue vessels (RVCP) and one charter boat.• Stone Jetty - two commercial fishing vessels (18m) and four charter boats.Car parking associated with the mooring area takes place in Precinct A:3. The total waterway area for A:1 is approximately 2.0ha.The visionThis Precinct has the potential to be the vibrant maritime hub of the harbour. It could be the boarding point for touristsinterested in participating in a variety of activities on offer including diving and fishing.The creation of a designated charter boat and larger recreational boat mooring precinct accommodating up to 16 vessels isenvisaged. The sandstone jetty could be promoted to visitors, highlighting its previous uses and its construction.ConsiderationsThe half-tide rock platform on the southern side of the precinct restricts navigation. Removal of this platform and reclaiming infront of the sandstone retaining wall within Precinct A:3 will enable a safe stand-alone area to be established to service tourists.This would include a series of pontoons to enable easy access to all vessels.The Ulladulla Fishermen’s Co-operative will continue to use the Tee Jetty for unloading purposes and importantly transferringthe fishermen’s catch to their building adjacent for processing.Any redesign of mooring arrangements in the harbour should take into account possible ocean surge and seiching.8

Area A:2 The Boat Maintenance BasinThe current situationThe Boat Maintenance Basin is used for boat repairs and mooring of vessels. The Ulladulla Fishermen’s Co-operativeoperates the slipway. This facility presently handles vessels up to 25 metres in length or a maximum weight of 200 tonnes.The repair facility also includes a hardstand and car parking area.The Tuna Wharf is occupied by both the MV Banks (charter vessel 30m) and the Ulladulla Fishermen’s Co-operative (fortransient vessels). The total length of the wharf is 100 metres.The total areas for the waterway and hardstand (including roadway and car parking) are 1.41ha and 0.65ha respectively.Note: Area A:2 does not include the southern breakwater.This area is seen as the single service centre for the local boating community and possibly the mid-south coast regionoperating to a high environmental standard, providing a wide range of essential maintenance activities and also includingrefuelling services and vessel waste management.The visionThere is the opportunity to establish a pontoon system in the harbour, plus a low scale open boat dry stack storage facilitybehind the Tuna Wharf to accommodate a larger number of recreational craft.At the northern end of the wharf, a combined office and cafe may be positioned to service both boat owners and publicusing the popular walking track.There is potential to berth large visiting vessels up to 60m at the Tuna Wharf.Work on the slipway and on the hardstand is to be closely controlled to prevent airborne particles affecting other harbourareas. Encapsulation of vessels and safe work practices are critical to meeting existing public health standards.ConsiderationsCurrent slipway operations adjacent to the southern boat launching ramp could be transferred to Area A:2 if smaller craftcan also be serviced.Movements by both light and heavy vehicles should be assessed. Particular attention should be given to required turningareas and pickup points for large loads.Public access to foreshore areas is generally encouraged. However, access along the eastern boundary along the SouthernBreakwater paths, attention should be given to ensuring that the public does not stray into work areas.Any consideration to introducing a stack and rack type boat storage system should assess the maximum acceptable heightof the structure without significantly adversely affecting key viewing corridors across the harbour.Any redesign of mooring arrangements in the harbour should take into account possible ocean surge and seiching.9

Area A:3 Southern Foreshore AreaThis area in general has predominately been used for car parking by commercial fishermen, other port stakeholders and visitors.The current situationThree buildings are situated on the southern side of Precinct A.3. A two-storey building occupied by the RVCP is situated atthe eastern corner opposite the public beach. The building contains a control tower, training rooms and a fast food outlet.Next to RVCP building is a facility (now closed), previously used for processing abalone collected on the south coast. Oppositethe vehicle entrance to the Working Harbour, a large electrical substation is located.On the northern side a sandstone retaining wall, having some historical significance, defines the boundary between theforeshore and harbour areas.Several areas have been landscaped. Opposite the RVCP building a small park including picnic tables has be established.The total area of A:3 is approximately 1.36ha.An opportunity exists to provide one or more commercial buildings within the southern foreshore area to support a widerange of either marina or tourist related uses.The visionA commercial strip over the seawall strategically linked to the charter boat precinct with each complementing each other.The creation of a marina complex with administration offices, boat dry stack storage, booking offices, government offices,short-stay accommodation for transient vessel owners, conference centre, restaurants with a historical, maritime museum,fast food outlets.On the southern boundary, opportunities are available for several alternatives including a boat dry stack storage facility, a carparking station or a commercial complex with restaurant, community meeting rooms etc.ConsiderationsThe Ulladulla Fishermen’s Co-operative will be redeveloping its current site. This will involve an upgrading of their processingfacilities plus a number of commercial outlets along the waterfront. It is expected that all buildings within the Project Areawill ideally be of a similar architectural treatment.Vehicle movements between the Co-op Building and the Tee Jetty for unloading and loading activities will continue. A trafficstrategy will be required to cover interaction pedestrian and Co-op vehicles.Area A:3 has the greatest potential to service the tourist sector, however area available is limited and commercial uses shouldbe priorities. Due to the amount of land available, close consideration should be given to establishing general car parking,where possible, out side the Project Area to maximise public open spaces around the waterfront.If the RVCP site is to be redeveloped, consideration should be given to providing alternative accommodation for theiroperations within Area A.3 or elsewhere.10

Area A:4 South Western Foreshore AreaThis area has been used for a variety of purposes, including car parking, launching boats, slipping vessels and storage of dinghies.The current situationThe car parking area is used by various groups including recreational boat owners, commercial fishermen, tourists, other portstakeholders, and shoppers. Note: the western half of the car park is outside the Project Area. This freehold land is owned byCouncil and is currently for community purposes. (Council is presently reviewing the classification for this land).The boat ramp is extremely popular with the local boating community due to its sheltered location from wave action and alsoprovides an opportunity for owners to beach vessels on the sand while arranging for their vehicles to be parked elsewhere.A major deficiency with the facility is the absence of a pontoon or jetty to convey disabled passengers ashore from vessels.The slipway is in regular use servicing mainly recreational vessels up to 16.5m length or weighing less than 40 tonnes.Along the foreshore strip, approximately 40 dinghies have been placed by owners of swing moorings in the harbour.The land area within A:4 is approximately 0.95ha.Area A:4 is critical to successfully revitalising the harbour precinct. It is the keystone in establishing linkages between thetown centre redevelopment and the upgrading of Ulladulla Harbour to promote greater tourism.The visionThere is an opportunity to open up this area to the public by upgrading and expanding similar boating facilities elsewhere inthe Project Area.Public access will be possible from the CBD via the amphitheatre and steps along Princes Highway to the waterfront whichCouncil is now constructing.The provision of a timber boardwalk opposite the Co-op Building will encourage greater movement around the waterfront.Minor movements by Council vehicles are expected to continue to occur to service properties along the eastern side of thePrinces Highway.ConsiderationsConsideration should be given to establishing general car parking, where possible, out side the Project Area to maximisepublic open spaces around the waterfront.Private development within Wason Street and Princes Highway triangle will be enhanced significantly in major planningfor the CBD. Additional public access ways to the Project Area from the town centre are expected to occur as part of thisreconstruction.An opportunity exists to provide one or more commercial buildings within the southern western foreshore area to supporttourist related uses.11

Precinct B: Northern HarbourThe northern area consists of three areas as follows.B:1 Rotary ParkB:2 The Boat Launching RampB:3 MarinaFigure 2 illustrates the features of this Precinct includingthe areas. Each of these areas is described as follows.Area B:1 Rotary ParkThe current situationRotary Park is used for a wide variety of community activities. The area is predominately used for passive recreation purposes.There are a number of family BBQ areas and open spaces for social activities. A pedestrian cycleway has been built throughthe park by Council to strengthen the linkages between northern and southern residential areas by improved access aroundUlladulla Harbour. The area of Precinct B:1 Rotary Park is approximately 2.1ha.• A number of public viewing platforms have been built to allow visitors to survey activities on the harbour and also aroundthe Working Port on the southern side.• Kendall’s Cottage is situated in the north western corner of the park. It is used by the local returned servicemen. Othercommunity meetings are also held at the cottage. Note: This area is excluded from the EOI process.• Car parking within Rotary Park services both park users as wells as those using the northern boat launching ramp. Some100 car and trailers spaces are available.The visionMinimal upgrading of Rotary Park is proposed.An opportunity for a cafe to cater to park users, those trekking the pedestrian cycleway or boaters accessing the northernramp may be accommodated.ConsiderationsThe vehicle parking capacity within Area B:1 should be reviewed to determine if extra spaces can be provided toaccommodate extra boat users that may currently be using the southern boat launching ramp.12

Area B:2 The Boat Launching RampThe current situationA two-lane boat launching ramp has been constructed in the north-eastern corner of the harbour. The ramp is relativelysteep and is more exposed to wave action. A timber jetty with low level landing has been constructed opposite the ramp butis poorly aligned to enable easy tying up of boats while trailers are parked.NE winds also make retrieving vessels a problem.The ramp provides access to deep water and is preferred for launching larger vessels.Area B:2 The Boat Launching Ramp Area is approximately 0.5ha.The visionTo reconstruct the existing facility, providing a milder grade on the ramp, realignment to overcome problem winds and theprovision of pontoons to make boarding of vessels easy to all members of the public.ConsiderationsThe positioning of the facility is extremely important and in particular overcoming swell waves entering the harbour andcatering to different wind directions during the day.Construction of a floating wave attenuator or rubble mould groyne should be assessed.Area B:3 MarinaThe currentsituationArea B:3 harbour area is approximately 5.1ha and currently provides swing moorings for 42 vessels. The water depth belowthe swing-moorings is generally adequate, however larger vessels closer into shore sometimes bottom at low tide.NSW Maritime has responsibility for managing the mooring licences for the recreational vessels.The visionWith the growing demand for moorings along the south coast there is an opportunity to provide more efficient mooringswithin Ulladulla Harbour. A marina development with floating jetties extending from the northern breakwater that isanchored by significant land based activities, such restaurant and skeleton marina facilities / amenities could be developed.ConsiderationsThere is a documented demand for additional moorings in the area and the NSW Maritime Authority currently has anextensive waiting list.Sediments washed down from Millards Creek are deposited on the harbour bed.The northern third of Area B:3 is relatively shallow and consists of rock platforms with scattered sand shoals. As such anydevelopment plans would be subject to detailed engineering and environmental assessment of harbour deepening.To improve wave conditions in the harbour, the southern breakwater may need to be extended.13

7. Lease arrangementsSubject to further negotiation, it is proposed that leasearrangements will generally reflect the following.Lease termRentalplus anypremiumpaymentTo reflect the need for the lessee toreasonably amortize its investment. Amaximum term of 25-30 years is envisaged.To be negotiated.Note:1. Lands is not seeking financial bids atthis stage of the public call process as itrecognises that Proponents will requirefurther time (including time to negotiatewith existing tenants) to establish incomeand expense estimates as well as futureincome potential.DredgingBreakwatersLessee will bear the cost of anyproposed capital dredging withinArea B:3. Lessee will not bear the costof any maintenance dredging withinAreas A:1, A:2 or B:3.Lessee in seeking to establish a marinawithin Area B:3 will contribute to thefunding of any extension of the southernbreakwater if viewed as a necessarycomponent of any proposed design. Lesseewill not have responsibility for ongoingmaintenance of either north or southbreakwater.2. Proponents are reminded that Lands willexpect that the commercial opportunitypresented in this Expression of Interestwill allow the private sector to make asignificant financial contribution to publicdomain improvements through directfunding (e.g. upfront premium paymentto be allocated to foreshore works) and/or works ‘in kind’ i.e. public domainimprovements to be carried out by thesuccessful Proponent both within andoutside the proposed lease premises.CleaningExistingtenantsLessee responsible for general cleaning ofthe lease premises (including the removal offlotsam and jetsam) from the boat harbour.Lessee also responsible for pest and vermincontrol within the lease premises (includingbreakwaters).Commercial and/or operational agreementsbetween the preferred Proponent and anyexisting harbour tenants will be subjectto negotiation between the preferredProponent and those tenants.Site incomeRates, taxesand otheroutgoingsInsuranceandindemnitiesRepair andmaintenanceAll ‘sub lease’ and other commercialrevenues generated within the leasepremises will be payable to lessee.Payable by Lessee. Note: Existing harbourtenants are currently responsible for paymentof rates and various outgoings under theirexisting lease or licence agreements.Lessee responsible for usual insurances andis required to indemnify Lands/Ministeragainst insurable claims.Lessee responsible for repair andmaintenance of all improvements Note: Forthe most part, tenants are responsible forthe repair and maintenance of improvementswithin their lease premises.8. Property andplanning informationThe area covered by this EOI at Ulladulla Harbour is Crownland with a total area of approximately 14.5ha. A plan ofproperty boundaries is included as Figure 3. The UlladullaRegional Crown Reserve, which includes the land underthis EOI, was gazetted in June 2006.Legislative instruments and planning policies that apply tothe Project Area are described as follows. Lands makes noundertaking as to the completeness of this information.Proponents must rely on their own enquiries. It is theProponent’s responsibility to ensure that all relevantdocumentation has been reviewed prior to submittingdevelopment proposals.14

The Proponent will be solely responsible for obtaining allrelevant approvals for any proposed development.Planning and public policyThe Working Harbour within the Project Area, (exceptopposite Wason Street), is currently zoned 5(a) (SpecialUses ‘A’ Zone) in the Shoalhaven Local Environment Plan2007.The rest of the waterfront land (including oppositeWason Street) is zoned 6(a) Open Space – Recreation ‘A’.The wet area within the harbour is unzoned.Other documentsCouncil has a number of planning documents that applyto this site. These include (but are not limited to):• Tourism Master Plan 2007• Millards Creek Management Plan 2007• Shoalhaven Economic Development Strategy 2004• Draft Ulladulla Harbour Master Plan 2003.This information is publicly available. Initial enquiriesmay be directed to Shoalhaven City Council through itswebsite, www.shoalhaven.nsw.gov.au.The Ulladulla Town Centre and Harbour DCP is currentlyunder review.Existing tenure arrangementsThere is a number of existing tenure arrangements withinthe harbour area. Licenses over areas can generally beterminated at any time. If a lease eventuates over alicense area, it would be generally expected that existingoccupants would be accommodated if possible onreasonable commercial terms.• The former abalone processing building is currentlyoccupied under a temporary licence.• The Royal Volunteer Coastal Patrol building is currentlyoccupied under a permissive occupancy. It would beexpected that their presence in the harbour would bemaintained.• Moorings on the Tuna Wharf, Stone Jetty and Tee Jettyare licensed to either the Ulladulla Fishermen’s Co-op orvarious individuals’ boat owners.licensed to Shoalhaven City Council.• The Electrical Substation and underground cable routesare licensed to Illawarra Electricity.• The existing Ulladulla Fishermen’s Cooperative Buildingis under a special lease. (NB. This area is excluded fromthe EOI process).9. Other informationSupporting documentation and informationVarious reports, drawings and documents have beenassembled to provide additional information to Proponentsin relation to the land included in this EOI. A listing of thismaterial is available from the Lands’ Project Manager andis available for viewing via appointment at Lands’ officesin Wollongong. Information provided in the consultants’reports and other materials and contained in thisdocument is made available to Proponents on the basisthat:• the information is made available for conveniencepurposes only• no representations or warranties are made asto the accuracy, correctness, completeness orcomprehensiveness of the information or that itcontains all the information that the Proponents mayrequire in compiling proposals• proponents should, to the extent needed for theirproposals carry out their own investigations in relationto the nature and characteristics of the land andinfrastructure and satisfy themselves about the accuracy,correctness, completeness or comprehensiveness ofany information in this document or otherwise madeavailable through the process• Proponents are responsible for obtaining their ownindependent financial, engineering, environmental,legal, technical and other advice with respect topreparing their proposals.• Refuelling facility on the Tee Jetty is licensed to theUlladulla Fishermen’s Co-op.• The Large Slipway and Hardstand area are licensed tothe Ulladulla Fishermen’s Co-op.• The Small Slipway and Boat Launching Ramp are15

10. The developmentprocessThis call for Expressions of Interest is the first stagein a process to select preferred Proponent(s) for thedevelopment of the Project Area. Proponents arerequired to prepare and submit an Expression of Interestin accordance with the requirements contained herein.Expressions of Interest will then be assessed and a shortlistof preferred Proponents will be established.The possible sequencing of subsequent stages of theprocess is outlined in Figure 4 (right). The second phaseof the process may cover all or part of the Project Area.Future stages of the development process for some sitesmay be managed by Council in its role as Reserve TrustManager.Lands reserves the right to reject a proposal but may seekagreement to provide a Proponent’s details to a Proponentshort-listed for the second stage of the process.Figure 4.Development processCall for Expression of InterestEvaluationCall for Detailed ProposalEvaluationNegotiate Agreementto Submit DA11. The evaluationprocessAll proposals will be evaluated against assessment criteriaoutlined herein. An assessment panel will be establishedto review proposals and recommend the shortlist ofProponents.12. Lands objectivesfor the EOI processThe primary objective of this EOI is to seek and identifyinterested commercial parties with the necessaryexperience and capability to undertake developments inUlladulla Harbour develop in partnership with Lands. Otherobjectives include:Concept Design,Development ApprovalNegotiate Long TermCommercial ArrangementDetailed Design &Construction• to determine the level of interest by the private sectorin participating in the redevelopment of the harbour• to develop a framework for any subsequent processesto develop the foreshore and harbour area• to identify Proponents for Stage 2 of the process.16

13. Assessment criteriaEOIs will be assessed against agreed assessment criteria.The assessment criteria may not be accorded equal weightand are not listed in any particular order.The assessment criteria are:• the Proponent’s capacity, capability and expertiseto design, fund, construct and efficiently operate theproposal, including the Proponent’s demonstrated trackrecord in delivering similar projects• the compatibility of the proposal with the projectobjectives, the preferred usage for the site, existingplanning controls, approach to the heritage contextand any sensitive environmental and community issues,assessed achievability of the proposal and incorporationof ecologically sustainable development principles• the commercial viability of the proposal asdemonstrated by the Proponent’s business case withan emphasis on the Proponents market assumptions,including a level of assurance that funding of theproposal will be achieved as represented in the proposal• the value of the proposal to the State Government.This includes rent and other financial returns payableby the Proponent, the Proponent’s expenditure on itsrequired infrastructure, the Proponent’s contributionto public domain infrastructure, the proposed terms oftenure and the net economic, social and environmentalbenefits that the proposal would bring to the town ofUlladulla, the Shoalhaven City and the State.14. EOI proposalsProponents are required to lodge a proposal that addressesthe information requirements set out herein. A proposalmust include:1. An executive summaryA proposal must include an overview of the developmentconcept. It must be no more than two pages in length.2. Proponent detailsA proposal must include:• a business profile which must include:o name of Proponent (if a company, both the businessname and any trading name are to be provided)o type of organisation and legal entityo details of company ownershipo Australian Company Numbero Australian Business Numbero registered business office and postal addresso place of businesso contact name and positiono telephone/fax numbers and email address• an identification of the proposed delivery organisation/structure/entity• an organisational chart showing roles and interestsfor each key participant to the proposal relating to thedevelopment, finance and operational phases• demonstration of the Proponent’s capability to deliverand finance the proposal including the Proponent’strack record in successfully completing and operatingcomparable development projects.3. The proposalA proposal must include:• project details including:o the site location and areao a description of the proposal including how theproposal accords with the project objectiveso a description and concept drawings of the layout ofthe proposal supported by documentation includingthe extent to which the proposal will be a newoperation or a relocation of an existing operationfrom elsewhereo a description of off-site developments required tosupport the proposal including discussion of thelikely traffic and access implications of the proposalo a description of any proposed public domaininfrastructure (such as pathways, cycleways,improved public access) and any other public benefitproposalso a description of the net social, economic andenvironmental benefits of the proposal in terms ofemployment generated, economic and/or efficiencygains to the town of Ulladulla, the Shoalhaven Cityand NSWo a description of any environmental, heritage orcommunity issues associated with the proposal andany potential benefits, including a statement of how17

ecologically sustainable development proposals willbe incorporatedo a description of compliance with existing planningcontrols and assumptions regarding developmentapplication and consent processes.4. A business caseA Proponent must provide an outline business casesupporting the proposal. The business case is preliminaryin nature and does not constitute a financial offer atthis time. The outline business case must include keyassumptions regarding capital costs, operational costs,operating revenues, financing considerations and market/demand.5. Indicative contractual arrangements• A Proponent must outline details of their expectationswith respect to the nature/structure and term of anylease agreement. In this regard, a Proponent may:o indicate the preferred term/period of any leaseagreement which will require justification in anyrequested tender proposal. Lands’ preference is forleases of less than 25 - 30 years, with a maximum of50 yearso provide outline details of the quantum and structureof financial return offered for the developmentopportunity during the term of any lease, whichalso will require justification in any requested tenureproposal. Note that a financial offer is not requestedat this stage; ando any other information relevant to the site and tenurerequirements of the proposal.15. Enquiries andinspectionsAll enquiries in relation to this EOI are tobe directed to the Project Manager:Mr Stephen DriscollNSW Department of Lands437 Hunter StreetNewcastle NSW 2300T: (02) 4920 5059F: (02) 4925 3489E: stephen.driscoll@lands.nsw.gov.auDepartment of Lands’ personnel, any State Governmentagencies or personnel unless written approval of theProject Manager has been given.16. Lodging your EOIProposals are to be in a sealed envelope(s) clearly marked:‘Expression of Interest -Proposal for Ulladulla Harbour Redevelopment’Please place in tender box.Three (3) hard copies of the EOI are required tobe submitted as well as one (1) electronic copy inPDF format on CD.Proposals can be mailed or delivered by hand.Email proposals will not be accepted.Proponents can mail proposals to Lands at:The General ManagerNSW Department of LandsPO Box 2185Dangar NSW 2309Or deposit it in the tender box at:NSW Department of LandsLevel 2, 437 Hunter StNewcastle NSW 2300Closing date for EOIs: 2pm on 30 June 200817. Terms and conditionsof this process17.1 Compliance with conditionsProponents should note that the degree of compliancewith the specified conditions will be an importantconsideration in the evaluating proposals. Proposals thatdo not comply with conditions may be rejected.17.2 Extension of deadline for lodgmentThe deadline set for lodgment of proposals will beextended only by written notice from Lands. Anyextension notice will be given the same distributionas the original EOI.Proponents are not to direct enquiries to any other18

17.3 Changes to this Call DocumentLands reserves the right to amend the process andprocedures set out in this Call Document by notice inwriting to Proponents. Should this extend to alteringthe specific objective or extending the scope of this CallDocument or in the event of a change being made thatwould substantially affect or alter the nature of this CallDocument, Lands will issue Addenda which will apply toany amended process and procedures. All such Addendashall become part of the Call Document. To the extentpermitted by Law, Proponents will have no claim againstLands with respect to the exercise, or failure to exercise, ofsuch rights. Information contained in this Call Document issubject to review and change without notice.17.4 ClarificationsLands reserve the right to request any Proponent toclarify any aspect of the EOI that it submits in responseto this Call Document. Lands may require a Proponent toprovide further information to the Lands in relation to theProponent’s EOI.17.5 ProbityA Proponent shall not offer any incentive, or otherwiseattempt, to influence any of the persons who are eitherdirectly or indirectly involved in the evaluation of proposalsor in the awarding of any lease.If Lands determines that a Proponent has violated thiscondition, or the Proponent is otherwise found tohave engaged in such conduct, the Proponent may bedisqualified from further consideration at Lands’ absolutediscretion.Proponents should not respond to the EOI, unless theygenuinely believe themselves to have the capability andcapacity to undertake their proposals.17.6 Collusive tenderingProponents must not communicate, directly or indirectly,with any other Proponents (including through anyemployees, agents or contractors) regarding thepreparation, content or submission of proposals. Eachproposal must be submitted without any collusion, orknowledge, in the preparation of or about any otherproposal. Submission of a proposal to Lands is deemedto be a representation and warranty by the Proponentsubmitting that proposal that it has complied with therequirements of this paragraph. If Lands determines thata Proponent has violated this condition, Lands is entitledto disqualify that Proponent and to reject its proposal asbeing invalid.17.7 Conflict of InterestAny Proponent with a real or perceived conflict of interestmust declare that interest to Lands as soon as the conflictis identified. Where a conflict of interest arises it must beassessed and resolved in favour of the public interest bythe relevant parties. All Proponents are required to ensurethat their performance in respect of identifying, declaringand resolving any conflict of interest is beyond reproach.17.8 Cost of preparation of proposalsAll costs and expenses incurred by any person ororganisation (including, but not limited to, a proponent)in any way associated with this EOI, will be borne entirelyand exclusively by that person or organisation.17.9 Inquiries and clarificationsIf a Proponent finds any discrepancy, error or omissionin this EOI, document or has any question or wishes tomake any inquiry concerning this EOI, it is to notify theProject Manager in writing (which may be sent by meansof facsimile transmission or email) not less than 14 daysprior to the deadline for lodgment of proposals. Answersto any such notices or questions may be given by Lands inthe form of Addenda and issued to all known prospectiveProponents as indicated below.17.10 AddendaAll amendments to this EOI will be issued in the form ofaddenda before the deadline for lodgment of proposals.No explanation or interpretation of this EOI, may be reliedupon by a Proponent as an amendment to this EOI, unlessgiven in the form of addenda. Such Addenda will becomepart of this call for EOI.17.11 Code of PracticeWhere applicable, all Proponents must comply with theNSW Government Procurement Policy including theCode of Practice for Procurement. Copies of the relevantdocuments are available online atwww.treasury.nsw.gov.au/procurement.Lodgment of a proposal will itself be an acknowledgmentand representation by the Proponent that it is aware ofthe requirements that the codes impose on Proponents,that the Proponent will comply with the codes and thatthe Proponent agrees to provide periodic evidence ofcompliance with the codes and access to all relevantinformation to demonstrate compliance for the duration ofany agreement that may be negotiated.19

17.12 Reserved rightsIn addition to any reserved rights set out elsewhere inthis EOI, Lands reserves the right, without assigning anyreasons, to:• negotiate with one or more Proponent at any timewithout prior notice to any other recipient of this EOI• terminate at any time further participation in thisprocess by any party• not shortlist any Proponent• proceed with the invitation on a basis or on termsdifferent to those described in this EOI• terminate the process at any time or modify any aspectof this process, including, without limitation, Lands’objectives, the evaluation process, the evaluationcriteria, timetable or any proposed contractualarrangements• cancel, vary, supplement or supersede this EOI, or anyof the matters set out in it at any time• postpone or delay the process• publish the names of Proponents and preferredProponents• test community reaction to proposals prior to makingany decision on the future use of the sites and theirimprovements.17.13 WaiverThe EOI, and all statements and information made inrelation to it reflects Lands’ current intention only. Theinformation and intentions set out in the EOI may changeat any time without notice. Proponents proceed at theirown risk.Lands has endeavoured to provide accurate informationin this EOI,. However, no warranties in that respect aregiven by Lands. Lands is not liable for any inaccuracies inany information in this document or in any informationaccompanying or referred to in this document orsubsequently made available by Lands. Lands is not liablein relation to any claim that a proponent or any otherperson was disadvantaged by a lack of information orbecause any information provided to it was ambiguous orinaccurate.Lands is under no obligation to give reasons for anydecision made or not made in relation to this EOI,including, but not limited to, any of the responsesreceived.There is no legal or other relationship between anyProponent and Lands enforceable at the suit of theProponent arising from this document or the processoutlined in it.The risk, responsibility and liability connected with relianceby any Proponent or any other person on this EOI, or anyother such information referred to or accompanying thedocument, or any written or oral statements made toany Proponent or any person in connection with this EOI,is solely that of each Proponent. Each Proponent mustmake its own independent evaluation of this documentand documents or information accompanying or referredto in this document and the nature and extent of theEOI, and all other relevant matters. Each Proponent issolely responsible for obtaining its own independentfinancial, legal, accounting, engineering and otheradvice with respect to either the contents of this EOI, orany information communicated or made available forinspection by Lands. Each Proponent acts or relies oninformation in or accompanying or referred to in thisdocument and any written or oral statements madeconcerning the EOI, entirely at its own risk.17.14 Duration of validity of EOIsEach EOI in response to this Call Document is valid untilthe Proponent is either eliminated from the process,the Proponent withdraws itself from the process or isshortlisted and provides a Detailed Proposal.17.15 Changes to consortium membershipIf a Proponent is comprised of more than one person,whether the consortium has been formed specifically forthe proposal or not, then Proponents will be evaluated andshort-listed on the basis of consortium members presentedin the Proponent’s proposal. Following notification ofshortlisting, changes to consortium membership will bepermitted.If consortium members change:• written notification of changes to consortiummembership must be provided to Lands as soon aspossible• if key consortium membership of a shortlistedProponent changes after short-listing, supportingevidence must be provided to Lands to demonstratethat the capability of the new consortium membermeets or exceeds the capability of the consortiummember presented in the Proponent’s proposal20

• Lands reserves the right to reevaluate shortlistedProponents on the basis of new key consortiummembership and to withdraw a Proponent from shortlistingon the basis of new consortium membership ifthey do not demonstrate the capability to meet theevaluation or exceed the capability of the consortiummember presented in the proposal• further conditions in relation to changes in consortiummembership may be imposed by Lands at any time at itsabsolute discretion.17.16 Intellectual property rights• This EOI, document is subject to copyright vestedin Lands.A Proponent may copy or otherwise reproduce thisdocument for the purposes of its proposal.A proposal becomes the property of Lands on submissionand will not be returned to the Proponent.Any intellectual property rights that may exist in a proposalwill remain the property of the Proponent. Any elementof a proposal considered to carry any intellectual propertyrights should be clearly identified by a Proponent and thenature and right asserted and its owner clearly described.Where Lands, in its sole discretion, determines suchelements are subject to such a right, then Lands will treatthat element as protected.The Proponent licenses Lands (including its officers,employees, agents and advisors) to copy, adapt, modify,disclose or do anything else necessary in Lands’ solediscretion, to all material (including that material whichcontains intellectual property rights of the Proponentor any other person) contained in its proposal, for thepurposes of evaluating and clarifying the proposal, andother proposals.Should a Proponent object to the use of its proposal inthis way, the objection should be raised in the Proponent’sproposal and will be considered by Lands. Otherwise, anyright to object to such use of the proposal (including onthe basis of confidentiality, copyright or other intellectualproperty rights) will be waived.17.17 Freedom of InformationProposals and any other information provided byProponents (information) are subject to the provisionsof the Freedom of Information Act 1989 (the Act).Proponents should note that the Act gives to membersof the public rights of access to documents of the NSWGovernment and its agencies.All or part of the information may be disclosed to thirdparties if there is a requirement to do so under theprovisions of the Act. Any information that is commerciallysensitive or confidential must be marked ‘commercialand confidential’. This special notation must not beused unless the information is genuinely confidential.Marking information as ‘commercial and confidential’will not necessarily prevent disclosure of the informationin accordance with the Act. Any decision to releaseinformation will be determined by the requirements ofthe Act. Proponents will not be entitled to make anyclaim in relation to any actions taken in relation to,or under, the Act.17.18 Disclosure of Contract InformationCertain details of all contracts valued over $100,000must be routinely published by government agencies(Notice Board or Internet) and details of contracts oflesser value will be made available to any enquirers. This isrequired under the Premier’s Guidelines for Disclosure ofInformation on Government Contracts.The following information is to be disclosed in relation tothe Successful Proponent(s).• Description of the services to be provided.• Commencement date and period.• Full identity of the Proponent, including any crossownership.• Price, including the basis of any price changes.• Significant evaluation criteria used.• Any provisions for re-negotiation.Information that is not to be disclosed is:• the Proponent’s financing arrangements, cost structureor profit margins• intellectual property items• any other matters where disclosure would place theProponent at a substantial commercial disadvantagewith its competitors.Proponents may mark certain parts of their proposal as‘Commercial in Confidence’ however this must be minimaland reasons given as to why information should not bedisclosed by Lands. If there is any disagreement on thistopic, the Chairperson of the State Contracts ControlBoard will be consulted, but the decision of Lands will bedeterminative.21

17.19 Material change in circumstancesWithout limiting the above, each Proponent mustpromptly inform Lands in writing of any material changeto any information contained in the Proponent’s proposalfollowing lodgment of the proposal and of any materialchange in circumstances which may affect the truth,completeness or accuracy of any information provided inor in connection with the call for EOI.Lands may also require Proponents to confirm in writingthat no such material changes have occurred.22

Ulladulla Harbour andtownship (view to the south)

Ulladulla Harbourand foreshore area

NSW Department of LandsCrown Lands Head Office437 Hunter StreetNEWCASTLE NSW 2300T: 02 4920 5000F: 02 4925 3489www.lands.nsw.gov.auThis document has been produced for marketing andcommunication purposes only. Images are used for artisticpurposes and may or may not be indicative of Crown landare are subject to change.© May 2008 NSW Department of Lands (S) P08/06/021