These Terms and Conditions govern all engagements undertaken by Lead Pro Aus Pty Ltd (ABN 62 637 831 326), trading as LeadPRO. By accepting a proposal, signing a contract, or permitting works to commence, the Client agrees to be bound by these Terms. These Terms should be read together with any Proposal or Minor Works Agreement issued by LeadPRO.
The Contractor will perform only those Works described in the Proposal or Contract. Unless otherwise agreed in writing, Works are limited to Reclamation Works — being routine surface maintenance activities performed in-situ to a maximum depth of 75mm — including Source Contaminant recovery and screening, weed control, and reinstatement of processed material.
Reclamation Works address the full range of Source Contaminants that accumulate within the active fallout zone of a shooting range:
Recovered Source Contaminants are processed through the Contractor's screening equipment on-site. Separated lead material is retained by the Contractor as set out in Clause 7. Non-lead waste materials are managed in accordance with applicable waste handling requirements.
Reclamation Works constitute routine surface maintenance only. They do not constitute environmental remediation, site rehabilitation, or works designed to achieve any specific regulatory contamination standard or threshold. The Contractor makes no representation that Reclamation Works will render the Site compliant with any environmental standard, guideline, or regulatory requirement. Where Remediation Works are required, these must be agreed separately in writing as a Variation and are governed by Clause 3.
The Contractor does not guarantee removal of all Source Contaminants from the Site. Recovery rates will vary depending on ground conditions, vegetation cover, soil type, accumulation density, and accessible area. The Client acknowledges this limitation and that residual Source Contaminants will remain in situ following completion of Reclamation Works.
LeadPRO distinguishes clearly between two categories of works. This distinction is legally and commercially significant and governs how engagements are scoped, priced, managed, and regulated.
Reclamation Works are the standard service offered by LeadPRO, characterised by:
Remediation Works are a Variation to the standard scope and cannot be assumed to be included in any Proposal or Contract unless expressly stated in writing. Remediation Works arise where:
Remediation Works attract additional requirements including a separate written scope, cost-plus or fixed pricing, enhanced environmental controls, formal Environmental Management Plan, and regulatory approvals at the Client's cost. The Contractor reserves the right to decline Remediation Works at its discretion.
If, during Reclamation Works, it becomes apparent that the conditions or Client expectations require Remediation, the Contractor will suspend Works, notify the Client in writing, provide a Variation proposal, and not recommence until the Variation is agreed in writing by both parties.
Prior to engagement, the Client must disclose all information that may materially affect the Works or the operating environment, including:
If the Client fails to disclose material information and that failure results in suspension, demobilisation, regulatory inquiry, additional controls, or reputational impact — the Client shall be liable for all additional costs, losses, and expenses incurred by the Contractor as a direct or indirect result of the non-disclosure.
The Client is responsible for providing safe unobstructed access, a trafficable route for heavy plant, any necessary permits, a suitable water source on-site if required, and advance notification to all members, guests, and visitors of exclusion zones and work schedules.
Where the Contractor mobilises to Site, the Works Schedule takes priority over routine club shooting activities within the designated works area. The Client is responsible for:
The Contractor is not responsible for any costs, losses, membership impacts, or competition penalties arising from the suspension of shooting activities. If the Client is unwilling or unable to suspend shooting, the Contractor may delay, suspend, or decline to proceed. Standby and demobilisation costs remain the Client's liability.
The Client warrants that it holds all necessary authority — including under any Crown Licence, lease, or landowner consent — to engage the Contractor and permit the Works to proceed. The Contractor relies entirely on this warranty.
If circumstances arise after contract execution that materially differ from those represented at engagement — including neighbour disputes, regulatory involvement, media scrutiny, or access restrictions — the Contractor may suspend Works, demobilise, require a Variation, or terminate in accordance with Clause 14.
The Contractor is not liable for delays caused by circumstances outside its reasonable control. Delays attributable to the Client or third parties attract standby and/or remobilisation fees as set out in Clause 8. Where delays extend beyond 5 consecutive business days due to Client-side causes, the Contractor may demobilise and reschedule. All associated costs are the Client's liability.
If Works are delayed or suspended by any direction, inquiry, or requirement from a Regulatory Authority:
A regulatory delay caused by the Client's failure to disclose a pre-existing inquiry, complaint, or notice is treated as a non-disclosure under Clause 4.2 and attracts the full consequences set out there.
The Client is responsible for managing all complaints, disputes, or interference from neighbouring landowners or third parties. If third-party interference materially affects Works:
The Contractor will apply standard dust suppression and sediment control measures appropriate to surface maintenance works. These are included in the base contract price.
Where a Regulatory Authority, complaint, or Changed Condition requires controls beyond standard operating practice, these constitute a Variation. The Client is responsible for the cost of enhanced controls unless otherwise agreed in writing.
Unless expressly included in the Proposal, water supply for dust suppression is the Client's responsibility. The Client must confirm availability of a suitable water source prior to mobilisation. If no adequate supply is available, the Contractor may hire water carting at cost to the Client.
The Contractor is not liable for sediment movement, erosion, or environmental impact caused by extreme weather events, flooding, fire, storm, or other events beyond its reasonable control. Temporary sediment controls are mitigation measures only.
All lead material recovered during Works is the sole property of the Contractor upon recovery. The Client has no claim to recovered lead material. The Contractor may dispose of, sell, recycle, or otherwise deal with recovered lead at its discretion.
LeadPRO's Reclamation Works model is based on the principle that the value of recovered lead shot — when sold or recycled — offsets or contributes toward the operational cost of Works. The Client acknowledges and agrees that:
If lead recovery volumes are insufficient to sustain the commercial basis of the engagement, the Contractor may notify the Client in writing, suspend Works, and enter negotiations regarding the outstanding cost of machine works completed. Options include the Client making a direct payment to continue, or both parties agreeing to end the engagement. If no agreement is reached within 10 business days, the Contractor may demobilise and invoice for Works completed less the value of lead recovered. Early cessation due to commercial unviability is not a breach of Contract by the Contractor.
The Contractor will maintain a chain-of-custody record for all recovered lead material, provided to the Client upon Practical Completion as part of handover documentation.
The Contractor takes responsibility for the classification and lawful disposal of recovered lead material from the point of recovery. The Client is responsible for any pre-existing lead in situ that is not recovered during Works.
A mobilisation fee applies to all engagements as outlined in the Proposal. It is payable as part of the deposit upon contract execution and is non-refundable once mobilisation has commenced.
If Works are suspended for reasons outside the Contractor's control — including regulatory hold, Client instruction, neighbour complaint, site access denial, or failure to suspend shooting activities — a standby day rate applies. Standby rates apply from the first full day of inactivity due to Client-related causes.
If the Contractor is required to demobilise for any reason outside its control, a remobilisation fee will apply before Works recommence, charged at the rate specified in the Proposal or at the Contractor's prevailing commercial rate.
No additional mobilisation fee will be charged solely due to weather-related suspension where the Contractor remains on-site or on nearby standby. If the Contractor demobilises due to weather, a remobilisation fee applies upon return.
Any Works outside the agreed Scope constitute a Variation. Variations must be requested and approved in writing by both parties prior to execution. Verbal instructions do not constitute an approved Variation. Variations will be charged at the Contractor's prevailing commercial rates. Circumstances that automatically trigger a Variation include:
The Contractor will determine Practical Completion when the agreed works area has been processed to the extent safely and commercially feasible, further processing is no longer operationally or commercially productive, site conditions prevent further Works, or both parties have mutually agreed Works are complete. Upon Practical Completion, the Contractor will issue a Completion Report, Chain-of-Custody Collection Register, and Completion Certificate.
The Contractor does not guarantee the removal of all lead shot, projectiles, or Source Contaminants from the Site. The Client expressly acknowledges that:
When the commercial viability threshold is reached, the Contractor will notify the Client and the parties will confer within 3 business days. Options include the Client making a direct payment contribution to continue Works, both parties agreeing to end the engagement, or the Contractor invoicing for Works completed and demobilising. If no agreement is reached within 10 business days of notification, the Contractor may demobilise and invoice for Works completed less the value of lead recovered. Reaching the commercial viability threshold is not a breach of Contract by either party.
Unless otherwise agreed, a deposit of 50% of the contract value is due upon execution of the Contract. Works will not commence until the deposit is received. Failure to pay within 5 business days may result in cancellation or postponement.
The remaining balance is due within 60 days of Practical Completion, unless otherwise agreed in writing.
Invoices not paid by the due date will attract interest at 10% per annum, calculated daily. The Contractor reserves the right to withhold completion documentation until all outstanding amounts are received.
All prices are exclusive of GST unless otherwise stated. GST will be added to all invoices at the applicable rate.
Written notice of any invoice dispute must be provided within 10 business days of receipt. Undisputed portions remain payable by the due date.
An operational exclusion zone applies to all active work areas. The Client is responsible for ensuring compliance from all members, guests, and visitors. No person is permitted to enter active work zones, approach operating machinery, interfere with equipment or bagged lead material, or film/photograph Works in a manner that interferes with operations or constitutes harassment of Contractor personnel — without the Contractor's express permission. The Contractor is not liable for injury or damage arising from unauthorised access.
The Contractor maintains current Public Liability Insurance under the trade classification of Site Preparation Works and Earthmoving. This classification covers the full scope of LeadPRO's Reclamation Works activities, including:
The Contractor's Public Liability Insurance does not extend to:
A Certificate of Currency is available upon written request within 5 business days. The Client must not instruct the Contractor to proceed if it has reason to believe the Contractor's insurance has lapsed.
Where Works are agreed to constitute Remediation Works, the Contractor will confirm in writing that its insurance extends to that scope. Any associated premium cost will be passed through to the Client as part of the Variation pricing.
The Client is responsible for maintaining public liability insurance covering the Site and club activities, property insurance, workers compensation or volunteer insurance, and any insurance required under their Crown Licence, lease, or governing body membership.
The Contractor may suspend Works without liability for unsafe site conditions, Client failure to pay, regulatory direction, Client failure to fulfil obligations, third-party interference or harassment, or Changed Conditions that materially affect the risk or viability of Works.
The Contractor may terminate immediately by written notice if the Client is in material breach and fails to remedy within 10 business days, the Client becomes insolvent, non-disclosure has resulted in unacceptable risk, or the escalated regulatory or community environment makes Works commercially or reputationally unviable. The Client remains liable for all costs incurred to the date of termination.
The Client may terminate by providing 10 business days written notice. Upon termination, all costs incurred, mobilisation and demobilisation costs, standby costs accrued, and a cancellation fee of 20% of the outstanding contract value become immediately payable. The deposit is non-refundable upon Client termination.
To the maximum extent permitted by law, the Contractor's total aggregate liability is limited to the total amount paid by the Client under that Contract. The Contractor is not liable for indirect or consequential loss, loss of profit or revenue, environmental outcomes relating to pre-existing site conditions, loss arising from Changed Conditions not disclosed by the Client, or any outcome arising from the Client's failure to obtain necessary regulatory consents. This limitation does not apply to liability that cannot be excluded by law, including under the Australian Consumer Law.
The Client indemnifies and holds harmless the Contractor against all claims, actions, costs, losses, and liabilities arising from the Client's lease or licence obligations, failure to obtain necessary approvals, historic site conditions or pre-existing contamination, third-party claims arising from the Client's site activities, breach of these Terms, non-disclosure of material information, or member, guest, or visitor conduct on Site during Works. This indemnity survives termination or completion of the Contract.
All methodologies, processes, and operational systems used by the Contractor remain its intellectual property. The Client must not disclose or reproduce any Contractor methodology, system, or document to any third party without prior written consent. Completion Reports, Chain-of-Custody Registers, and Completion Certificates may not be submitted to a Regulatory Authority without the Contractor's prior written consent.
If a dispute arises, the parties agree to attempt resolution by written notice, followed by a meeting or conference within 10 business days, and if unresolved, referral to mediation before a mutually agreed mediator. Neither party may commence legal proceedings until this process has been exhausted, unless urgent injunctive relief is required.
These Terms and any Contract are governed by the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland. The Contractor is incorporated and operates in Queensland. Where Works are performed in another State or Territory, these Terms continue to be governed by Queensland law unless otherwise agreed in writing prior to engagement.
These Terms, together with the relevant Proposal or Contract, constitute the entire agreement and supersede all prior representations, negotiations, and arrangements.
If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
A failure or delay by the Contractor in exercising any right does not constitute a waiver of that right.
These Terms may be updated from time to time. The version published on the Contractor's website at the date of contract execution applies to that engagement.
The Contractor is not liable for failure or delay caused by events beyond its reasonable control, including acts of God, extreme weather, pandemic, government direction, regulatory action, or civil unrest.
All formal notices must be in writing and addressed to:
These Terms and Conditions are publicly listed on the LeadPRO website. By engaging the Contractor, the Client confirms it has read, understood, and agrees to be bound by these Terms.
