Regulations and policies

The purpose of this policy is to provide guidelines for the Botanic Gardens and Parks Authority when considering an idea or proposal from a proponent for a major new event, new infrastructure, new business, product placement and/or other related concepts.

This policy aims to ensure all decisions on any future businesses and events in the designated lands enhance the services, accessibility and sustainability of the Park(s).

Policy Statement: New Businesses and Events

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 including all internal roads. 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.

Purpose

The purpose of this policy is to provide guidelines for the BGPA when considering an idea or proposal from a proponent for a major new event, new infrastructure, new business, product placement and/or other related concepts and for a request for permission to close a road within Kings Park and Botanic Garden for the purpose of conducting an event or activation.

This policy will ensure all decisions on any future businesses and events in BGPA designated lands enhance the services, accessibility and sustainability of the Park(s). The Board delegates decision making regarding specific proposals for businesses and events to the BGPA CEO and requires these decisions to be made in the context of these Guidelines.

Statement

Bold Park and especially Kings Park and Botanic Garden are sometimes considered as the proposed location or venue for new businesses and/or events, due to visitation levels, location, exposure and reputation.

The BGPA seeks to manage and enhance the aesthetics and ambience of Bold Park and Kings Park and Botanic Garden and any new business and events ideas and concepts for development are usually approved only in extraordinary circumstances, based primarily on net public benefit, i.e. if it meets a demand from visitors and the wider community and/or enhances and maintains the integrity of the Park(s) and their historical, scientific and/or recreational values and does not unduly negatively impact on the access, aesthetics, functionality or operations of the Park(s). Events requiring road closures and businesses requiring temporary or permanent infrastructure are usually considered only in extraordinary circumstances.

Proposals will be considered primarily based on the net public benefit, i.e. if it meets a demand from visitors and the wider community and/or enhances and maintains the integrity of the Park(s) and their historical, scientific and/or recreational values.

Process

Proposals for new ideas, concepts, events or road closures may be considered where there is a clearly demonstrated community demand and net benefit to the community, and to the BGPA. The BGPA has absolute discretion to approve or reject any application for a new business or event proposal at any stage of the assessment process.

Proposals will be considered in the following way:

Stage 1

The BGPA CEO or delegated officer will assess the proposal in accordance with the Guidelines (below) to determine whether or not the proposal should go to Stage 2 assessment.

As part of Stage 1, alternative locations outside of Bold Park or Kings Park and Botanic Garden should be considered by the proponent to articulate why they believe the park(s) is the best available location.

The BGPA will assess proposals in terms of net public benefit by considering a range of issues including suitability, demand and impact and the likely effect of the proposal on maintaining or enhancing the integrity, historical, scientific and/or recreational values aesthetics, accessibility, sustainability, ambience of the Park(s). Consideration will also be given to the likelihood of the proposal not unduly negatively impacting on visitor access, aesthetics, functionality or Park operations.

The proponent will be advised of the outcome of this Stage 1 assessment. If deemed appropriate after the BGPA assessment, the proposal may progress to Stage 2 assessment.

Stage 2

If the proposal is assessed as warranting further investigation, further information may be sought from the proponent. This may include a detailed business case or other information as requested.

The proposal will not be approved if the BGPA concludes, at its absolute discretion, that the proposal will not maintain or enhance the integrity, historical, scientific and/or recreational values aesthetics, accessibility, sustainability, ambience of Bold Park or Kings Park and Botanic Garden or provide a net public benefit or if it unduly negatively impacts on visitor access, aesthetics, functionality or Park operations

The proponent will be advised of the outcome of this Stage 2 assessment. If all matters of concern have been satisfied in Stage 1 and Stage 2, the proponent will be advised of BGPA’s decision to accept the proposal, or provided with an interim ‘in principle’ support for the proposal.

Stage 3

Should ‘in principle’ support be provided by the BGPA, the proponent may then be required, as part of the final stage of the assessment process, to submit more detailed supporting information and/or agree to specific terms and conditions.

Review

The Board will review this Policy no later than five years from October 2016. Review date: July 2021.

Richard Simpson
Chairman
Botanic Gardens and Parks Authority Board of Management

Guidelines

New businesses and events proposals for Bold Park and/or Kings Park and Botanic Garden are approved in extraordinary circumstances, based on an assessment of net public benefit, e.g. if it meets a demonstrated demand from visitors and/or the wider community and/or enhances and maintains the integrity of the Park(s) and their historical, scientific and/or recreational values.

The BGPA Guidelines for Assessment are as follows:

• Consistency with the functions and powers of the BGPA Act 1998 and the BGPA Regulations 1999.
• Meets any other legislative and regulatory requirements external to the BGPA.
• Contribution and alignment with the vision, mission, guiding principles and strategic policies of the BGPA including the environmental, social and / or economic sustainability of the event or business.
• Assessment of a new event as part of a major State event.
• Alternative possible locations.
• Link between the proposal and the relevant current BGPA strategic plan, management plan and/or masterplan.
• Impact on existing BGPA lease or license obligations.
• Impact on the Park’s assets, operations, resources, visitors and/or reputation.
• Impact on the Park’s integrity and its historical, scientific and/or recreational values.
• Suitability of proposed area and/or infrastructure (including longevity, quality, fit with surroundings, links to other facilities, maintenance etc).
• Relevant requirements for tendering processes or expressions of interest.
• Net public benefit in areas such as aesthetics, accessibility, sustainability, ambience, Aboriginal and other cultural areas, intellectual property and community perceptions.

Policy Statement: Memorials Policy 2016

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.

Purpose

The purpose of this Memorials Policy is to provide clear parameters for the Board’s decision-making regarding possible future memorials on BGPA designated lands and define the requirements and application process for future proponents. The BGPA defines a memorial as a statue, plinth, plaque, sign, object, building, public amenity (such as a bench), garden bed, and / or dedicated tree that has commemoration as its primary purpose.

This Policy will ensure all decisions on any future memorials on BGPA designated lands enhance the significant historical importance of Kings Park and Botanic Garden in particular, as a place of community remembrance and center of commemoration, without detracting from the parkland or bushland setting or the open space amenity and recreational values of the parkland. The Board will consider all requests and suggestions for possible future memorials in the context of this Policy.

Statement

Kings Park and Botanic Garden is an A Class Reserve, which welcomes nearly six million visitors annually. The BGPA recognises the particular importance of Kings Park and Botanic Garden to the Western Australian community as a significant place of commemoration. ‘Kings Park is one of the State’s cultural icons with particularly high social, aesthetic and historic values. It is a symbol of sacrifice and one of those places, which truly gives Western Australians a sense of place.’ (Kings Park Conservation Strategy, April 2001, p 22). The Kings Park Conservation Plan for the Developed Areas (February 2000) contains statements of significance in terms of the cultural heritage significance of the park. This Plan states that all ‘works, which may have an impact on the cultural heritage significance of Kings Park, must be carried out with regard to the principles of the Australia ICOMOS Charter for the Conservation of Places of Cultural Significance (the Burra Charter)’ (Kings Park Conservation Strategy, April 2001, p 24).

The State War Memorial precinct in Kings Park is rated in accordance with Heritage Council of WA Criteria of Cultural Heritage Significance for Heritage Places as being a zone of exceptional significance containing elements of exceptional significance, including the Cenotaph, the Concourse, the Court of Contemplation and the mature plantings (Kings Park Conservation Plan, February 2000, p 332-334). The Board has a responsibility under the BGPA Act to conserve these places of the highest cultural heritage significance when considering any proposals for development in this area.

The first formal memorial installed in Kings Park was the South African War Memorial in 1902, which acknowledges those lost in the Boer War of 1899 – 1902. Since the erection of this first memorial, other memorials have continued to be added to the park to commemorate significant events. As of June 2016, Kings Park and Botanic Garden has more memorials, statues and honour avenues than any other park in Australia. It is home to 53 formal, built memorials, as well as over 1760 memorial plaques that line the honour avenues against a backdrop of eucalypt trees. The majority of these plaques honour service personnel who enlisted in Western Australia and died during war service and were either buried overseas or have no known graves.

The Board does not want to detract from the existing memorials and the general aesthetics and open space of the Kings Park parkland areas by approving any new memorials, particularly in the Fraser Avenue, State War Memorial and Botanic Garden precincts. The Board endorses the view that the 'conservation of Kings Park will best be achieved by careful consideration of the uses allowed in the park, the conservation of significant elements and spaces, together with the careful consideration of new requirements and their potential impact on cultural heritage values.' (Kings Park Conservation Strategy, April 2001, p 22). Specifically, the Board supports the view expressed in the Kings Park Conservation Plan which states that the 'erection of new memorials within Kings Park should be strictly limited to prevent the proliferation of structures within the park.' (Kings Park Conservation Plan, February 2000, p 387).

The State War Memorial Cenotaph was established in 1929 and dedicated originally to over seven thousand members of the services who died in service in WWI, with those who enlisted in WA having their names appear on the marble tablets in the crypt. Later, the names of more than four thousand members of the services who died in service in WWII were added to the bronze honour rolls. Names of people who have died in service in subsequent conflicts including Korea, Malaya, Borneo, Vietnam, Iraq and Afghanistan are also included on the State War Memorial.

In 1952, the Court of Contemplation was added to the State War Memorial precinct, complementing the Cenotaph and commemorating the various theatres of war, including the major battles from both world wars which were carved into the stone walls. 'The reasoning was to adapt the WWI memorial to honour the dead of both wars rather than create a separate memorial.' (Erickson 2009 quoting J. Watson letter 1952). In 2000, the Flame of Remembrance in a Pool of Reflection was added to the Court of Contemplation, with four torches that burn continually and represent the Women’s Services, Navy, Army and Air Force. In 2011, the BGPA completed the Fraser Avenue Ceremonial Walk, removing a section of Fraser Avenue to create a pedestrian only precinct that would deliver an appropriate sense of dignity and respect for this significant memorial precinct.

These combined components within the State War Memorial precinct are intended to commemorate and honour all the dead and all the battles of various wars and conflicts in this very special precinct of exceptional significance. This will prevent the proliferation of further military memorials in Kings Park that may be proposed to highlight specific events and groups that are already represented and honoured in the most significant place in Kings Park. The Board acknowledges that some additional and specific military memorials have been approved in Kings Park in the past, but recognises the importance of maintaining its premium open space for passive recreational pursuits and potential new elements to commemorate future significant events that may arise over the long term future of the Park.

Similarly, part of the Board’s decision making in 2010 regarding the Place of Reflection in Roe Gardens was to meet identified community needs and to prevent the proliferation of further memorials in Kings Park. This facility, at the southern end of the State Botanic Garden, opened in April 2011, was approved and developed as an inclusive and all encompassing place for quiet contemplation for those people who have experienced (or will experience in the future) loss and trauma and who wished to grieve, remember, reflect and heal in a natural, peaceful setting such as Kings Park. While the Place of Reflection is not specifically designed or intended to be a formal memorial to any one individual or group, it is a special, contemplative space that can be used by individuals and groups for the purpose of celebration of life and reflection on loss and trauma.

In recognition of the information provided above, reasons for choosing BGPA designated lands as the desired location of a memorial as opposed to the myriad of alternative locations need to be fully articulated. (Note: There is no provision in the current Bold Park Management Plan to accommodate memorials in Bold Park). There are many alternative locations for community memorials, including other public open space managed by State and Local Governments, and these should be considered and investigated before any application is made to BGPA.

The selection of Kings Park on the basis that it is well known or because of the park’s profile, is not viewed by the Board as adequate justification in itself for choosing Kings Park for a new memorial. Any future memorial must not detract from, or reduce the historical significance of existing memorials. It must not detract from the bushland or parkland setting or the open space amenity of the parkland, but rather conserve and enhance the integrity of the designated land and its historical, scientific and passive recreational values.

An application to create and / or dedicate a new memorial for any purpose will only be approved in exceptional circumstances, and requires unanimous Board support for all aspects of the proposed memorial, including purpose, location, design, and wording.

Process

An application to create and / or dedicate a memorial on BGPA designated lands will be considered in two distinct and separate stages.

Stage 1

In the first instance, the proponent should submit an application to the BGPA Chief Executive Officer that provides clear information as to the primary purpose of the proposed memorial, the significance of the event, person or group to Western Australia or nationally, the proposed location in the park and justification for selection of Kings Park specifically, and a broad outline of the memorial concept or concept design.

‘In Principle’ support

The Board may, at its absolute discretion, give ‘in principle’ support to an application if:

• The intent of the proposal is not generally represented in an existing memorial, commemorative space or any other existing facility in Kings Park, and
• It commemorates a person, group, community or an event of State or National importance, that has had a significant and lasting impact on the people, culture, history or environment of Western Australia or Australia, and
• It is designed to symbolise and celebrate great sacrifice and / or service to Western Australia or to Australia, and
• The BGPA designated lands are considered by the Board as the most appropriate location.

Stage 2

Should ‘in principle’ support be explicitly given by the Board, the applicant will then be invited and required, as part of the second stage of the approval process, to develop the detailed design in consultation with relevant BGPA staff and its consultant Landscape Architect and submit the detailed designs and supporting information (as required) for the Board to make its final determination.

Final determination

Following receipt of the detailed designs and supporting information, the Board will then consider whether:

• Visitor Amenity Value is Enhanced:
  The BGPA may consider existing or new garden beds, shelters, seating, statues, visitor facilities or other concepts as a proposed dedicated memorial if the visitor amenity value is established. Any new memorial must be demonstrated to be of lasting value to the community at large for social, cultural, religious, spiritual, aesthetic, educational or historical reasons and to significantly add to the existing visitor amenity of the proposed location on a day to day basis, within the context of the current use of the area, and
• Location and Design is Appropriate:
  The location of the proposed memorial should be consistent with the current management plan for the designated land, and with any other relevant document relating to proposed location (eg: Kings Park Conservation Plan, the prevailing Management Plan and relevant area Masterplans). The design and materials for the proposed memorial must be appropriate and in keeping with existing design guidelines to meet the requirements of a 50-100 year lifespan, and suit the general aesthetics of the designated lands. The BGPA may determine that it will arrange the design and construction itself, rather than this being done by the proponent, should the Board deem this the most appropriate course of action, and
• Appropriate Consultation is Undertaken:
  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 organisations, such as the Heritage Council, the RSL, BGPA Memorial Reference Group, BGPA landscape architects and / or cultural heritage consultants to ensure no conflicts of interest in the proposed memorial purpose, location, design and focus. The BGPA works closely with the RSL on all issues relating to the war memorials and honour avenues, including the trees and plaques, and any request to alter or add to these memorials is discussed in consultation with the RSL, and
• Sufficient Capital and Recurrent Funding is Available:
  The applicant must demonstrate that sufficient funds are available to meet all costs associated with construction and installation in accordance with BGPA requirements, including project management costs incurred by BGPA, and to provide for ongoing maintenance of the memorial and / or make suitable arrangements with the BGPA to cover initial and ongoing costs.

Even if all the above criteria are met, the Board has absolute discretion to approve or reject any application.

The Board may decide to implement a period of review after a memorial has been dedicated, and may at any reasonable time in the future, determine that the memorial should be removed. This may be done at the Board’s discretion, and in consultation with the Heritage Council and / or other relevant stakeholders.

Review

The Board will review this Memorials Policy no later than five years from its endorsement (endorsed June 2016).

Richard Simpson
Chairman
Botanic Gardens and Parks Authority Board of Management

References

• Considine and Griffiths Architects. 2000: Kings Park Conservation Plan for the Developed Areas 2000,
• Erickson, D. 2009: A Joy Forever The Story of Kings Park & Botanic Garden,
• Considine and Griffiths Architects 2001: Kings Park Conservation Strategy, April 2001.

Policy Statement: Gifts, Donations and Bequests 2013

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, organisations 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 may be 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 organisation 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.

Review

The Board will review this Gifts, Donations and Bequests Policy no later than five years from its endorsement (endorsed October 2013).

Richard Simpson
Chairman
Botanic Gardens and Parks Authority Board of Management