Plantations Fire Protection Fund Program Guidelines (updated 22nd October 2024)

The minimum funding request per application is $50,000. The maximum funding per ABN holder is $12.9 million, the total value of the program.

Any projects requiring a grant of $500,000 or greater will require a business case.

Funding amounts are GST exclusive.

Projects may include but do not require a co-contribution.

If the situation arises where a grant recipient’s project is completed and there are unspent funds remaining from the grant allocation, the Department may require the grant recipient to return the unspent funds. If the grant recipient requests to use the funds to extend the scope of the project, the Department may assess that request if it aligns to the objectives of the grant program. The Department may require the grant recipient to provide supporting information such as revised environmental, economic or social impact data.

• Applicants must be invited to apply
• Applicants must hold an active Australian Business Number
• Applicants must have at least $20 million in Public Liability Insurance
• Applicants’ business will need to be based in New South Wales

Eligible projects must be located within (and/or provide primary benefit to) one or more of the following LGAs:

• Snowy Valleys Council
• Cootamundra-Gundagai Regional Council
• Greater Hume Shire Council
• Albury City Council
• Wagga Wagga City Council

Projects can be located on publicly owned land or on private land. If the applicant is not the owner of the land where the project will be located, landowner’s consent and access agreements may be required as part of the application.

• Capital costs directly related to the delivery of eligible projects
• Installation costs directly related to the delivery of eligible projects
• Where necessary, upfront system and software costs for commencing the project in its first year
• No more than 20% of the total project cost can be included for contingency
• No more than 10% of the total project cost can be attributed to project management and administration

• Businesses/entities that are subject to ongoing legal proceedings
• Businesses/entities that are insolvent.

• Projects not being delivered within an eligible location
• Projects that would fund the day-to-day operations of business other than if the business is a firefighting authority or plantation owner
• Projects that require ongoing grant funding
• Projects that would proceed and be delivered on the same timeline without financial assistance from this program
• Projects that primarily benefit other non-forestry land tenures or states
• Projects that are the recipient of duplicate grant funding from another NSW or Australian Government grant program for the same project (excluding co-contribution arrangements).

• Repayment of existing debts or budget deficits
• Administrative, operational and maintenance costs not specifically related to the project
• Wages, salaries, remuneration and all other employment costs, not related to project delivery
• Costs already funded from other sources
• Costs that require recurrent or ongoing funding from this program
• Depreciation of plant and equipment beyond the life of the project
• Buying or upgrading equipment that is not fixed to a particular site, with the exception of equipment specifically related to the project and essential to its success
• Insurance costs (applicants must hold and maintain adequate insurance coverage for any liability arising as a result of their participation in funded activities)
• Marketing, advertising, or product promotion including signage
• Retrospective funding to cover costs incurred before a signed Letter of Offer and Confidentiality Agreement is in place, noting the Department makes no binding funding commitment to an applicant unless and until both parties sign a funding deed.

All applications must include (at a minimum):

• a clear project scope
• a project delivery plan
• a risk management plan
• confirmation that the project can be delivered in an acceptable timeframe, with project costs committed (e.g., invoices, purchase orders or signed quotes) by 30 April 2025.
• a project budget, with quotes or detailed estimates based on previous experience with similar projects
• landowner consent if the land is not owned by the applicant
• confirmation that the applicant has access to land for the duration of project delivery, if not land owner
• a Business Case for the project if the grant applied for is $500,000 or greater
• evidence of $20 million Public Liability Insurance in the name of the Applicant.

There may be a requirement for a conflict-of-interest declaration to be submitted with all applications.

Where a conflict-of-interest detrimental to the assessment process is identified (by either an applicant or the Department), the Department will establish mitigation measures, including removing a Departmental official from participating in the application, assessment and/or delivery stage of the process.

Applicants will be required to complete a Probity Declaration if they have:

• a relationship with the NSW Government that has any bearing on their project
• contacted or had discussions with a NSW State Government Minister, other elected NSW Government representative, or Ministerial/MP staff with regard to this grant application
• contacted or had discussions with the media regarding this grant application
• contacted or had discussions with other parts of the NSW Government, including NSW Government staff*, regarding this grant application

*Contact with Department of Primary Industries and Regional Development (DPIRD) Economic Development Managers, Office of Regional Development (ORED) staff, and contact made via 1300 679 673 or regionalnsw.business@regional.nsw.gov.au, does not need to be declared.

The relevant Assessment Team within the Department will assess all submitted applications against the Eligibility Criteria identified in these guidelines. Where there is uncertainty or unintended outcomes arising from the eligibility requirements, the Department will take a discretionary approach that, in its opinion, best achieves the objectives of the grant program.

Eligible applications, and applications where eligibility has been deemed unclear by the Assessment Team, will continue to merit-based assessment. Final eligibility determinations will be made at the discretion of the Assessment Panel, based on advice and recommendations from the Department.

Any ineligible applications received will not be considered for further assessment.

The relevant Assessment Team within the Department will assess eligible applications against the Assessment Criteria outlined in these Guidelines. The Department may ask applicants to provide additional information to assist in the assessment process.

Applicants may be contacted during this step to clarify information provided in their application. The Department will notify applicants if additional information and supporting material is required and the timeframes in which it is required.

Subject matter experts and/or technical advisors may be consulted to assist in the assessment of projects. Confidentiality will be maintained throughout the process.

An Assessment Panel will be convened by the Department to determine the eligibility of the applications received and to make recommendations on the priority project for consideration and final approval by the decision maker.

Applications will be assessed in the order they have been received and approvals will occur until the available funding has been exhausted.

The Assessment Panel may recommend partial funding for projects if there is insufficient funding available for the whole project, or where only a component of the project is considered eligible. The Assessment Panel may also recommend specific funding condition(s), where appropriate.

The Assessment Panel may take other factors into consideration when recommending an application for funding including but not limited to the total amount of funding available, geographical distribution of projects across the eligible region, suitability of a project for other government funding opportunities and alignment with existing NSW Government policies and strategies.

During the assessment process, the Department may ask applicants to provide additional information to assist in the assessment process. Advice may be sought from other NSW Government agencies or other sources to assist in the assessment of projects. Confidentiality will be maintained throughout the process.

The Department, at its sole discretion, can take other factors into account that may make an application ineligible for funding, such as any person, business or organisation that could cause reputational or other risk to the NSW Government.

The decision maker for the Grant is the Minister for Regional NSW or an officer of the Department with the relevant level of financial delegation.

The decision maker will review the availability of grant funds and the Assessment Panel’s recommendation before deciding which grant applications to approve.

The decision maker may take other factors into account that may result in an application being considered unsuitable for funding, including issues that could cause reputational or other risks to the NSW Government.

The decision maker’s decision is final in all matters, including:

• the approval of the grant
• the grant funding amount to be awarded, and
• the terms and conditions of the grant.

Successful applicants will be notified in writing via a Letter of Conditional Offer with Confidentiality Agreement. The Letter of Conditional Offer must include any special conditions approved by the Assessment Panel.

The contracting process will commence after the signed Letter of Conditional Offer with Confidentiality Agreement is returned to the Department.

The Department is required to publish information about grants awarded on the NSW Government Grants and Funding Finder at nsw.gov.au/grants-and-funding.

Successful applicants will be required to enter into a funding deed with the NSW Government.

To enter a funding deed, successful applicants will be required to confirm project information and provide a copy of all relevant and applicable insurances, project approvals (e.g. development approvals, landowner’s consent) and/or other supporting documentation relevant to the project or as requested by the Department, as part of the contracting process.

The first grant payment will be made once all required documentation has been provided to, and approved by the Department, through forms provided in the online portal and the Funding Deed has been signed by both parties.

The Department makes no binding funding commitment to an applicant unless and until both parties sign a funding deed. Successful applicants must not make financial commitments for funded activities until funding deeds have been executed by both parties.

Grants will be paid via milestone payments set out in the Funding Deed. Timing and requirements will vary at the Department’s discretion, depending on the scope and risk of the project. Evidence of expenditure will be required to claim instalments and acquit eligible costs.

Successful applicants may be required to submit progress reports to the NSW Government as outlined in the Funding Deed. Successful applicants will be required to acknowledge the support of the Department in relation to the funding, as laid out in the funding deed, per the Department of Primary Industries and Regional Development’s branding guidelines.

Applicants will be required to participate in a program evaluation to determine the extent to which projects have contributed to the fund objectives.

Applicants must keep Funding decisions and assessment outcomes confidential until announced by the NSW Government or the Applicant is advised that announcement can proceed. Successful applicants will be required to provide a confidentiality undertaking. This means they must keep the outcome of the application process confidential until the NSW Government makes a public announcement.

Upon entering into a funding deed, details about the Funding Deed may be made publicly available (subject to information which the Department deems to be commercial in confidence).

The applicant agrees not to disclose any confidential information pertaining to the grant program application or funding deed without prior written consent of the Department.

Applicants should note the following:

• Requests for variations or changes to the project will only be considered in limited circumstances.
• All awarded grants will be GST exclusive. If a successful applicant is registered for GST, this will be applied on top of the agreed grant value when payment is made.
• Grants are assessable income for taxation purposes, unless exempted by taxation law. It is recommended applicants seek independent professional advice about taxation obligations or seek assistance from the Australian Taxation Office. The NSW Government does not provide advice on individual taxation circumstances.
• Successful applicants will be required to pay back unspent funds or those funds which have not been spent in accordance with the Funding Deed.
• Successful applicants will be required to participate in a program evaluation to determine the extent to which their projects have contributed to the objective of the fund. The evaluation will require applicants to provide evidence of how projects have resulted in a measurable outcomes and benefits that are consistent with the objective of the Fund.
• Any information submitted by an applicant may be used for promotional material prepared by the NSW Government, if the applicant is successful.
• The NSW Government may choose to publicly announce funding for individual applications. It may also use non-identifying information provided in the funding deed to develop case studies.
• All recipients of NSW Government funding must acknowledge this financial support as per the Funding Acknowledgement Guidelines for Recipients of NSW Government Grants available at nsw.gov.au/branding/sponsorship-and-funding-acknowledgment-guidelines.
• The Department reserves the right to undertake an audit of grant funding within a period seven (7) years from the signing of the Funding Deed.
• Applicants must advise the Department of any changes to their legal status or of changes or delays to their project.

Any concerns about the fund or individual applications should be submitted in writing via forests@dpi.nsw.gov.au. If you do not agree with the way the Department handled the issue, you may wish to contact the NSW Ombudsman via ombo.nsw.gov.au.

Applicants should be aware that information submitted in applications and all related correspondence, attachments and other documents may be made publicly available under the Government Information (Public Access) Act 2009 (NSW). Information that is deemed to be commercially sensitive will be withheld.

The Government Information (Public Access) Act 2009 (NSW) makes government information accessible to the public by:

• requiring government agencies to make certain sorts of information freely available
• encouraging government agencies to release as much other information as possible
• giving the public an enforceable right to make access applications for government information
• restricting access to information only when there is an overriding public interest against disclosure.

Applicants must not participate in any anti-competitive conduct.

It is a condition of the grant program application process that no gifts, benefits or hospitality are to be made to any department/agency employee at any time. Any inducement in contravention of this condition may result in an applicant’s proposal not being considered.

The Department may, in its absolute discretion, and without limiting any other right which the Department may have, do all or any of the following at any time:

• require additional information from an applicant
• change any of the requirements of these Guidelines
• alter or vary any process, procedure or timing related to the grant opportunity, including any process, procedure or timing regarding the consideration or the evaluation of any proposal or all applications
• suspend or terminate the grant opportunity
• negotiate with one or more preferred applicants without prior notice to any other applicant
• terminate any negotiations being conducted with any applicant
• readvertise for new applicants
• consider any non-conforming application
• terminate further participation in the grant opportunity by any applicant for any reason (including where the applicant has engaged in conduct that might cause reputational damage to the NSW Government, or if the Department reasonably considers an application to contain any false or misleading claims or statements)
• not proceed with any funding deed, or
• proceed with a funding deed in ways not contemplated in these Guidelines.

All intellectual property rights in these Guidelines remain the property of the Department. Applicants are permitted to use these Guidelines for the purpose of preparing an application only, and if successful, managing grant expenditure in accordance with these Guidelines. Applicants must not use these Guidelines, or any information contained in these Guidelines for any other purpose.

Applications and information submitted in response to these Guidelines may be used by the Department for promotional material if successful, unless otherwise agreed between the applicant and the Department. The applicant agrees that the Department may make copies and reproduce applications for any purpose related to the grant opportunity. In addition, the Department will retain (electronic and hard) copies of all applications.

These Guidelines are not an offer, recommendation or invitation by the Department in respect of any contract or commitment and are subject to a funding deed being fully executed by the parties involved.

The Department may, in its absolute discretion, issue an addendum to these Guidelines. In each case, an addendum becomes part of these Guidelines.

Information in this publication is provided as general information only and is not intended as a substitute for advice from a qualified professional.

The Department recommends that users exercise care and use their own skill and judgment when using information from this publication and that users carefully evaluate the accuracy, currency, completeness, and relevance of such information. Users should take steps to independently verify the information in this publication and, where appropriate, seek professional advice.

These Guidelines are subject to change at any time at the sole discretion of the Department.