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The Authority sincerely appreciates all offers of assistance in the form of gifts, donations and bequests, and gives due consideration to all offers.

The Authority recognises the particular cultural, historical, social and environmental significance of Kings Park and Botanic Garden, Bold Park and other designated lands to individuals, families, groups, organisations and communities within Western Australia.

Policy Statement: Gifts, Donations and Bequests 2007

Background

The Botanic Gardens and Parks Authority (BGPA) is responsible for the care, control and management of Kings Park and Botanic Garden and Bold Park, and any other designated lands. The BGPA operates under the Botanic Gardens and Parks Authority Act 1998.

The BGPA Board of Management (the Board) is responsible for determining all key strategic policies and decisions, and the Chief Executive Officer is responsible for the implementation of these policies and decisions and the operational management of the BGPA. The Chief Executive Officer has absolute discretion to accept or reject offers of gifts, donations and bequests.

Purpose

The purpose of this Gifts, Donations and Bequests Policy is to provide clear parameters for decision-making regarding gifts and define the requirements and process for consideration of offers or requests. This will ensure all decisions to accept or reject offers of gifts, donations and bequests are made consistent with the core business and values of the BGPA. The BGPA Board of Management delegates authority for such decisions to the Chief Executive Officer who will act in accordance with this Policy.

The BGPA recognises the particular cultural, historical, social and environmental significance of Kings Park and Botanic Garden, Bold Park and other designated lands to individuals, families, groups, organizations and communities within Western Australia. The BGPA sincerely appreciates all offers of assistance in the form of gifts, donations and bequests, and undertakes to give due consideration to all such offers.

Statement

The BGPA defines a gift as any monetary or non monetary gift or endowment whether made by a living benefactor or in the will of a benefactor, a donation as a bestowal or a gift, and a bequest as part or whole of a personal estate freely given to the BGPA by will. The BGPA particularly welcomes untied financial gifts, donations and bequests, and all untied funds received will be allocated to a suitable current or future project on the designated lands.

This Policy does not address other forms of assistance that maybe better defined as tied or untied grants, cash or in kind support as part of a sponsorship or partnership arrangement, or other agreement in which benefits are exchanged between the parties as part of the agreement for the assistance. Such assistance and agreed exchange of benefits is usually arranged through a negotiated contractual agreement.

The BGPA acknowledges that some gifts, donations and bequests are made subject to specific requested recognition of the donor. Such recognition is a matter of discussion with the Chief Executive Officer who will determine if this is appropriate, and if so, what type of recognition can be honored by the BGPA, and over what time frame. Again, this decision is at the absolute discretion of the Chief Executive Officer, who may or may not choose to seek a Board determination on the matter if the gift, donation or bequest is of major significance to the BGPA and/or if the requested recognition may be controversial. In such a case, the final decision is to be made at the absolute discretion of the Board.

Process

Most Appropriate Recipient Considered

Consideration should be given to the most appropriate recipient of the intended gift, donation or bequest. Options include gifting to the BGPA itself, or to the Friends of Kings Park, or to another incorporated body associated with the BGPA in its care of the designated lands (e.g. volunteer groups, RSL).

Planning and Documentation

A person, group or organisation considering making an offer of a gift, donation or bequest to the BGPA or one of its associated incorporated bodies should make contact with the Chief Executive Officer to discuss the concept and formulate a plan and appropriate documentation to ensure the manner, purpose, timing, quantum, and any recognition requested associated with the intended gift, donation or bequest is as the donor desires.

Tied or Untied Gift, Donation or Bequest

A person, group or organization considering making an offer of a gift, donation or bequest to the BGPA should first consider if such a gift, donation or bequest is intended for a specific purpose, or is given freely for the BGPA to allocate as it sees fit.

The BGPA has a strong preference for untied financial gifts, donations and bequests, so that received funds can be best allocated to a suitable current or future project. If a specially designated gift, donation or bequest is received by the BGPA, the Chief Executive Officer will contact the benefactor or the executor of the benefactor’s estate, as the case may be, and the decision to accept or reject the offer will be explained.

Specific requests may or may not be able to be accommodated, depending on the timing, nature of the request, other complementary or conflicting issues or other unforeseen issues. Again, the decision to accommodate or reject specific requests associated with proposed gifts, donations or bequests is at the discretion of the Chief Executive Officer.

Specific Requests and Plaques

Requests for plaques on seats, trees, garden beds or similar:

Requests for plaques will only be considered in exceptional circumstances. Such exceptional circumstances are likely to be limited to:

  • The commemoration of a person who has made a significant contribution to the BGPA and/or to its designated lands and/or to its core business (e.g. conservation).
  • The commemoration of a person involved in a significant event that occurred on the designated lands, and/or an event in itself.

Kings Park and Botanic Garden has a high level of community ownership, and
Appropriate consultation is required in consideration of any future memorial. It is likely that consultation would be required with other relevant groups and organizations, such as the Indigenous Reference Group, the Heritage Council, the RSL, BGPA landscape architects and / or cultural heritage consultants to ensure no conflicts of interest in the proposed memorial purpose, location, design and focus.

Any application for a plaque and any associated infrastructure must meet the above requirements and be funded by the applicant, including provision for ongoing maintenance if appropriate, unless deemed otherwise by the Chief Executive Officer. Applicants are advised that the location of the plaque will be chosen by the BGPA, who will take into consideration the suitability of a specific requested location. Applicants are advised that both existing and new plaques may be relocated without further consultation.

Requests to scatter ashes and or conduct a memorial service:

The Botanic Gardens and Parks Regulations 1999 do not allow for the scattering of ashes in any area of the designated lands. Regulation 29 (b) specifically precludes engagement in any public worship on designated lands, unless the express permission of the Chief Executive Officer is granted.

Review

The Board will review this Gifts, Donations and Bequests Policy no later than five years from its endorsement (endorsed June 2007). Review date: May 2013.

Richard Simpson
Chairman
Botanic Gardens and Parks Authority Board of Management