The Whitsunday Regional Council licences around 500 food premises. These premises include fast food outlets, cafes, restaurants, bakeries, food shops as well as mobile food vehicles and market stalls. The Council is responsible for the licensing of most food businesses under the Food Act 2006. The Council is also responsible for ensuring that local food businesses meet the food safety laws.

• Food Act 2006
• Who Requires a Licence?
• Who does not Require a Licence?
• Renewing your Current Food Licence
• Application: Fixed Food Premises
• Application: Mobile Food Vendors
• Applicaton: Temporary Food Premises
• Application: Charter Vessels
• Information for Community Organisations
• Information for Food Stalls at Agricultural Shows
• Footpath Dining Permits
• Buying and Selling an Existing Food Premises
• Fees and Charges for Licensing
• Fact Sheets and Newsletters
• Food Safety Supervisors and Food Safety Plans
• Contact Us

Since July 2006 Queensland has a new food legislation. It introduces a simplified licensing system for food businesses and some exemptions from licensing for most non-profit activities.

Food legislation in Queensland includes:
* Food Act 2006 (the ‘Act’);
* The Food Standards Code (the ‘Code’), which includes the following Food Safety Standards:

• Standard 3.1.1 Interpretation and Application
• Standard 3.2.2 Food Safety Practices and General Requirements
• Standard 3.2.3 Food Premises and Equipment.

The following documents may also provide guidance in the interpretation of the legislation:

* Safe Food Australia, A Guide to the Food Safety Standards (interpretation of the Food Safety Standards)
* Australian Standard 4674 (AS 4674- 2004) – Design, construction and fit-out of food premises.

In order to minimize bacterial growth, cold food should be stored below 5°C and hot food should be stored above 60°C. Click on the image to access the Whitsunday Shire Food Matters Newsletter - Edition 1.

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Since July 2006 Queensland has a new food legislation. It introduces a simplified licensing system for food businesses and some exemptions from licensing for most non-profit activities.

Food legislation in Queensland includes:
* Food Act 2006 (the ‘Act’);
* The Food Standards Code (the ‘Code’), which includes the following Food Safety Standards:

• Standard 3.1.1 Interpretation and Application
• Standard 3.2.2 Food Safety Practices and General Requirements
• Standard 3.2.3 Food Premises and Equipment.

The following documents may also provide guidance in the interpretation of the legislation:

* Safe Food Australia, A Guide to the Food Safety Standards (interpretation of the Food Safety Standards)
* Australian Standard 4674 (AS 4674- 2004) – Design, construction and fit-out of food premises.

In order to minimize bacterial growth, cold food should be stored below 5°C and hot food should be stored above 60°C. Click on the image to access the Whitsunday Shire Food Matters Newsletter - Edition 1.

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The Food Act 2006 defines a licensable food business.

A licensable food business is a food business that:

• involves the manufacture of food; or
• involves the retail sale of unpackaged food (café/restaurant, takeaway food bar) and is not a non-profit organisation; or
• is carried on by a non-profit organisation and involves the sale of meals on at least 12 days each financial year.

The following industry sectors are examples of licensable food businesses:

Food manufacturers:

• manufacturer of food products

Sale of unpackaged food by retail, including but not limited to:

• a restaurant or delicatessen
• a catering business
• a takeaway food shop, such as a pizza shop
• a motel providing meals with accommodation
• a food business that involves selling food, such as hamburgers, from a
• motor vehicle or unpackaged food from a vending machine
• private hospital
• private school tuckshop
• temporary food stalls

Non-profit organisations that sell meals on at least 12 days each financial year, including but not limited to:

• a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club
• the provision of meals for a fee to homeless persons at a homeless persons’ hostel
• the preparation of meals by Meals on Wheels

The following food businesses may also be a licensable food business:

• child care centres/services
• private residential facilities
• food vans, itinerant vendors
• bed and breakfasts
• charter vessels

Food premises are any premises, including temporary structures and mobile food vehicles, where food is handled. If you are operating from a food premises, they need to be approved by Council. If you own or operate more than one premises you will need to hold a licence for each food premises.

All food businesses which handle potentially harzardous food are required to have a probe thermometer (similar to the one pictured) in order to monitor temperatures.

The Food Act 2006 defines a licensable food business.

A licensable food business is a food business that:

• involves the manufacture of food; or
• involves the retail sale of unpackaged food (café/restaurant, takeaway food bar) and is not a non-profit organisation; or
• is carried on by a non-profit organisation and involves the sale of meals on at least 12 days each financial year.

The following industry sectors are examples of licensable food businesses:

Food manufacturers:

• manufacturer of food products

Sale of unpackaged food by retail, including but not limited to:

• a restaurant or delicatessen
• a catering business
• a takeaway food shop, such as a pizza shop
• a motel providing meals with accommodation
• a food business that involves selling food, such as hamburgers, from a
• motor vehicle or unpackaged food from a vending machine
• private hospital
• private school tuckshop
• temporary food stalls

Non-profit organisations that sell meals on at least 12 days each financial year, including but not limited to:

• a restaurant, open daily to the public, operated by a sporting club to raise revenue for the club
• the provision of meals for a fee to homeless persons at a homeless persons’ hostel
• the preparation of meals by Meals on Wheels

The following food businesses may also be a licensable food business:

• child care centres/services
• private residential facilities
• food vans, itinerant vendors
• bed and breakfasts
• charter vessels

Food premises are any premises, including temporary structures and mobile food vehicles, where food is handled. If you are operating from a food premises, they need to be approved by Council. If you own or operate more than one premises you will need to hold a licence for each food premises.

All food businesses which handle potentially harzardous food are required to have a probe thermometer (similar to the one pictured) in order to monitor temperatures.

The Food Act 2006 exempts certain food businesses from requiring a licence. Although these operations are exempt from licensing they still need to comply with the requirements of the Food Safety Standards. A food business may apply to Council for a design assessment without applying for a licence.

Examples of food businesses which are exempt from licensing requirements include:

• the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 - including meat, dairy, seafood and egg schemes
• the handling or sale of fisheries resources under a buyer licence issued under the Fisheries Regulation 1995, except where the seafood is cooked
• the sale of unpackaged snack food, such as biscuits, cakes, confectionary, nuts and potato chips that are not potentially hazardous food
• the sale of whole fruit or vegetables
• the sale of seeds, spices, dried or glazed fruit, dried herbs, tea leaves, coffee beans or ground coffee
• the grinding of coffee beans
• the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcohol
• the sale of ice, including flavoured ice, such as slurpees and snow cones or bags of party ice
• the provision of meals by a non-profit organisation that are prepared by someone other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with the directions of the meal’s manufacturer.

The Food Act 2006 exempts certain food businesses from requiring a licence. Although these operations are exempt from licensing they still need to comply with the requirements of the Food Safety Standards. A food business may apply to Council for a design assessment without applying for a licence.

Examples of food businesses which are exempt from licensing requirements include:

• the production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 - including meat, dairy, seafood and egg schemes
• the handling or sale of fisheries resources under a buyer licence issued under the Fisheries Regulation 1995, except where the seafood is cooked
• the sale of unpackaged snack food, such as biscuits, cakes, confectionary, nuts and potato chips that are not potentially hazardous food
• the sale of whole fruit or vegetables
• the sale of seeds, spices, dried or glazed fruit, dried herbs, tea leaves, coffee beans or ground coffee
• the grinding of coffee beans
• the sale of drinks (other than fruit or vegetable juice processed at the place of sale) including, for example, tea, coffee, soft drinks and alcohol
• the sale of ice, including flavoured ice, such as slurpees and snow cones or bags of party ice
• the provision of meals by a non-profit organisation that are prepared by someone other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with the directions of the meal’s manufacturer.

Approximately 60 days (end of June) before the expiry of your current food licence, Council will send you an invoice and renewal form. This form is to be filled out, along with payment, before your food licence can be renewed. The renewed licence will be valid for 12 months from the 31st August. If you have not received an invoice and renewal form by mid July, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

Approximately 60 days (end of June) before the expiry of your current food licence, Council will send you an invoice and renewal form. This form is to be filled out, along with payment, before your food licence can be renewed. The renewed licence will be valid for 12 months from the 31st August. If you have not received an invoice and renewal form by mid July, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

In order to aid with the licensing process, please download and read the following guide for Licensing of Fixed Food Premises (210 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

To apply for a Plan Approval please download the Food Premises Plan Approval Application and Checklist from the forms page. This checklist has been developed to assist operators who intend to make an application to fit-out a new or existing food premises or vehicle. Please complete and submit the application form and checklist to Council either by post or over the counter at one of the Customer Service Centres.

In order to aid with the licensing process, please download and read the following guide for Licensing of Fixed Food Premises (210 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

To apply for a Plan Approval please download the Food Premises Plan Approval Application and Checklist from the forms page. This checklist has been developed to assist operators who intend to make an application to fit-out a new or existing food premises or vehicle. Please complete and submit the application form and checklist to Council either by post or over the counter at one of the Customer Service Centres.

In order to aid with the licensing process, please download and read the following guide for Licensing of Mobile Food Premises (205 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

To apply for a Plan Approval please download the Food Business Plan Approval Application Form from the forms page.

Please download the following Food Premises/Vehicle Approval Checklist (35 Kb) . This checklist has been developed to assist operators who intend to make application to fit-out of a new or existing food premises or vehicle. Please complete this checklist and submit with application form.

In order to aid with the licensing process, please download and read the following guide for Licensing of Mobile Food Premises (205 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

To apply for a Plan Approval please download the Food Business Plan Approval Application Form from the forms page.

Please download the following Food Premises/Vehicle Approval Checklist (35 Kb) . This checklist has been developed to assist operators who intend to make application to fit-out of a new or existing food premises or vehicle. Please complete this checklist and submit with application form.

Temporary food premises are usually associated with markets, festivals or fetes. In order to aid with the licensing process, please download and read the following guide for Licensing of Temporary Food Premises (550 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

Please provide a diagram of your stall set-up, along with relevant photos if available. Please provide this information with your plan approval application form.

To apply for a Plan Approval please download the Food Business Plan Approval Application Form from the forms page.

Please download the following Food Premises/Vehicle Approval Checklist (35 Kb). This checklist has been developed to assist operators who intend to make application to fit-out of a new or existing food premises or vehicle. Please complete this checklist and submit with application form.

Temporary food premises are usually associated with markets, festivals or fetes. In order to aid with the licensing process, please download and read the following guide for Licensing of Temporary Food Premises (550 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

Please provide a diagram of your stall set-up, along with relevant photos if available. Please provide this information with your plan approval application form.

To apply for a Plan Approval please download the Food Business Plan Approval Application Form from the forms page.

Please download the following Food Premises/Vehicle Approval Checklist (35 Kb). This checklist has been developed to assist operators who intend to make application to fit-out of a new or existing food premises or vehicle. Please complete this checklist and submit with application form.

Charter vessels who provide and serve food as part of their charters may be required to be licensed under The Food Act 2006. In order to aid with the licensing process, please download and read the following guide for Licensing of Charter Vessels (210 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

Please contact Environment and Compliance (Southern Office) on (07) 4945 0200 for further information on the licensing process.

Charter vessels who provide and serve food as part of their charters may be required to be licensed under The Food Act 2006. In order to aid with the licensing process, please download and read the following guide for Licensing of Charter Vessels (210 Kb). It is vital to download and read the guide before continuing any further in the licensing process. By doing so, it will help speed up the process and help to ensure the Environmental Health Officers receive all the relevant plans and information.

Please contact Environment and Compliance (Southern Office) on (07) 4945 0200 for further information on the licensing process.

Not for profit organisations may be required to be licensed under the Food Act 2006 if they sell meals more than 12 times a year. If licensing is required, associated fees are waivered providing proof that the organisation is 'not for profit' is forwarded to Council.

An information package has been developed in order to aid Community Organisations with food safety and hygiene requirements, and as to whether or not licensing is required. Please download and read the Information Package for Community Organisations (630 Kb).

Not for profit organisations may be required to be licensed under the Food Act 2006 if they sell meals more than 12 times a year. If licensing is required, associated fees are waivered providing proof that the organisation is 'not for profit' is forwarded to Council.

An information package has been developed in order to aid Community Organisations with food safety and hygiene requirements, and as to whether or not licensing is required. Please download and read the Information Package for Community Organisations (630 Kb).

Please download the Information Sheet for Food Stalls at Agricultural Shows (55 Kb) (i.e. Whitsunday and Bowen Shows). The sheet provides information for food stalls on hand washing, utensil washing, food display, temperature control and other hygiene requirements.

For further information, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

Please download the Information Sheet for Food Stalls at Agricultural Shows (55 Kb) (i.e. Whitsunday and Bowen Shows). The sheet provides information for food stalls on hand washing, utensil washing, food display, temperature control and other hygiene requirements.

For further information, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

For enquiries regarding footpath dining, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

For enquiries regarding footpath dining, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

Inspection report When purchasing an approved business, you can obtain an inspection report (Health Search) before settlement. The report will highlight any problems at the premises that may need attention. It is imperative that you apply for a Health Search at least 21 days before settlement. This enables the Environmental Health Officers to complete the inspection report and provide copies to the solicitors and proprietors before settlement takes place.

If you require a Health Search, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

Obtaining a new Licence for a previously licenced business
When taking over the ownership of a previously licensed food business you must apply for an amendment of the current food licence. Council will assess your application and decide to grant or refuse your application.

A Council Officer may inspect the premises during this process to assess the suitability of the premises. It is important to remember that once the new licence is granted the new holder is responsible for any outstanding requirements that may apply to the premises.

This process can take up to 30 days. If your application for a food business licence is successful and there are no outstanding structural requirements, you will be issued with a licence subject to conditions. The Licence is valid until the end of the licencing period - which is the 31st of August every year.

Please fill in your details on the following page to apply for a Food Licence Application Form.

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Inspection report When purchasing an approved business, you can obtain an inspection report (Health Search) before settlement. The report will highlight any problems at the premises that may need attention. It is imperative that you apply for a Health Search at least 21 days before settlement. This enables the Environmental Health Officers to complete the inspection report and provide copies to the solicitors and proprietors before settlement takes place.

If you require a Health Search, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).

Obtaining a new Licence for a previously licenced business
When taking over the ownership of a previously licensed food business you must apply for an amendment of the current food licence. Council will assess your application and decide to grant or refuse your application.

A Council Officer may inspect the premises during this process to assess the suitability of the premises. It is important to remember that once the new licence is granted the new holder is responsible for any outstanding requirements that may apply to the premises.

This process can take up to 30 days. If your application for a food business licence is successful and there are no outstanding structural requirements, you will be issued with a licence subject to conditions. The Licence is valid until the end of the licencing period - which is the 31st of August every year.

Please fill in your details on the following page to apply for a Food Licence Application Form.

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Due to Council amalgamations, old fees and charges for the Whitsunday and Bowen Shire Councils will continue until such time as the new fees and charges are adopted. For more information on fees and charges related to food, please contact Environment and Compliance on (07) 4945 0200 if you are located in the old Whitsunday Shire, or on (07) 4761 3633 if you are located in the old Bowen Shire.

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Due to Council amalgamations, old fees and charges for the Whitsunday and Bowen Shire Councils will continue until such time as the new fees and charges are adopted. For more information on fees and charges related to food, please contact Environment and Compliance on (07) 4945 0200 if you are located in the old Whitsunday Shire, or on (07) 4761 3633 if you are located in the old Bowen Shire.

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Fact Sheets
To help small businesses achieve safe food handling practices, the Whitsunday Shire Council offers food safety fact sheets. The fact sheets provide basic knowledge that will help you set up a food safety program. The program will identify food risks in your business and provide you with ways of preventing them.

• Cross Contamination Fact Sheet (245 Kb) 
• Temperature Control Fact Sheet (205 Kb) 
• Cleaning and Sanitising Fact Sheet (165 Kb)Â
• Personal Hygiene For Food Handlers Fact Sheet (170 Kb) 
  

Newsletters
Council's Environmental Health Officers are developing Food Newsletters for distribution to all food businsses within the Shire. Please see below for old copies of Food Newsletters distributed by the former Whitsunday and Bowen Shire Councils. Newsletters for the new Whitsunday Regional Council are currently being developed.

 

Former Whitsunday Shire Council Newsletters

• Whitsunday Shire Food Matters - First Edition, April 2007 (240 Kb).
• Whitsunday Shire Food Matters - Second Edition, November 2007 (135 Kb).

Former Bowen Shire Council Newsletters

• Bowen Shire Council Food Safety Newsletter, Summer 2007 (95 Kb) 

Fact Sheets
To help small businesses achieve safe food handling practices, the Whitsunday Shire Council offers food safety fact sheets. The fact sheets provide basic knowledge that will help you set up a food safety program. The program will identify food risks in your business and provide you with ways of preventing them.

• Cross Contamination Fact Sheet (245 Kb) 
• Temperature Control Fact Sheet (205 Kb) 
• Cleaning and Sanitising Fact Sheet (165 Kb)Â
• Personal Hygiene For Food Handlers Fact Sheet (170 Kb) 
  

Newsletters
Council's Environmental Health Officers are developing Food Newsletters for distribution to all food businsses within the Shire. Please see below for old copies of Food Newsletters distributed by the former Whitsunday and Bowen Shire Councils. Newsletters for the new Whitsunday Regional Council are currently being developed.

 

Former Whitsunday Shire Council Newsletters

• Whitsunday Shire Food Matters - First Edition, April 2007 (240 Kb).
• Whitsunday Shire Food Matters - Second Edition, November 2007 (135 Kb).

Former Bowen Shire Council Newsletters

• Bowen Shire Council Food Safety Newsletter, Summer 2007 (95 Kb) 

Food Safety Supervisors
Under the Food Act 2006, every licensable food business in Queensland will be required to have a Food Safety Supervisor by 22 February 2008. New food businesses licensed after 22 February 2008 are required to notify their Local Government within 30 days of the issue of their licence. There are penalties for not having a Food Safety Supervisor. Although the provisions of the Act commence administratively on 22 February 2008, an enforcement amnesty has been approved by the Minister for Health until 1 July 2008 to allow Queensland Health and Local Governments to establish regulatory systems and food businesses to develop their Food Safety Programs (if required) and to appoint a Food Safety Supervisor.

For additional information, including what TAFE course/s are required to be qualified as a Food Safety Supervisor, please download Food Safety Supervisors - Fact Sheet 18 (100 Kb) and Food Safety Supervisor Update - Fact Sheet 19 (220 Kb). Fact Sheet 19 should be read in conjunction with Fact Sheet 18. Both documents are prepared by Queensland Health. If you have any questions or concerns, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).


Food Safety Programs
Regulatory food safety auditors (FSAs - also named Food Safety Supervisors) will be required for the implementation of the provisions of the Food Act 2006 relating to Food Safety Programs (FSPs). The provisions of the Act commence administratively on 22 February 2008, however, an enforcement amnesty has been approved by the Minister for Health until 1 July 2008 to allow Queensland Health and Local Governments to establish regulatory systems and food businesses to develop their FSPs.

FSPs will be required for certain licensable food businesses (currently catering food businesses and private hospitals/nursing homes) and those licensable food businesses voluntarily "opt in" to have an accredited FSP.

The following links provide information on how to develop a Food Safety Program.

• http://www.health.vic.gov.au/foodsafety/downloads/generic_template.pdf
• http://www.health.qld.gov.au/phs/documents/ehu/30373.pdf

Food Safety Supervisors
Under the Food Act 2006, every licensable food business in Queensland will be required to have a Food Safety Supervisor by 22 February 2008. New food businesses licensed after 22 February 2008 are required to notify their Local Government within 30 days of the issue of their licence. There are penalties for not having a Food Safety Supervisor. Although the provisions of the Act commence administratively on 22 February 2008, an enforcement amnesty has been approved by the Minister for Health until 1 July 2008 to allow Queensland Health and Local Governments to establish regulatory systems and food businesses to develop their Food Safety Programs (if required) and to appoint a Food Safety Supervisor.

For additional information, including what TAFE course/s are required to be qualified as a Food Safety Supervisor, please download Food Safety Supervisors - Fact Sheet 18 (100 Kb) and Food Safety Supervisor Update - Fact Sheet 19 (220 Kb). Fact Sheet 19 should be read in conjunction with Fact Sheet 18. Both documents are prepared by Queensland Health. If you have any questions or concerns, please contact Environment and Compliance on (07) 4945 0200 (Southern Office) or (07) 4761 3633 (Northern Office).


Food Safety Programs
Regulatory food safety auditors (FSAs - also named Food Safety Supervisors) will be required for the implementation of the provisions of the Food Act 2006 relating to Food Safety Programs (FSPs). The provisions of the Act commence administratively on 22 February 2008, however, an enforcement amnesty has been approved by the Minister for Health until 1 July 2008 to allow Queensland Health and Local Governments to establish regulatory systems and food businesses to develop their FSPs.

FSPs will be required for certain licensable food businesses (currently catering food businesses and private hospitals/nursing homes) and those licensable food businesses voluntarily "opt in" to have an accredited FSP.

The following links provide information on how to develop a Food Safety Program.

• http://www.health.vic.gov.au/foodsafety/downloads/generic_template.pdf
• http://www.health.qld.gov.au/phs/documents/ehu/30373.pdf

If you wish to contact one of the Whitsunday Regional Council's Environmental Health Officers, please use one of the following: Phone: Southern Office: (07) 4945 0200 Northern Office: (07) 4761 3633 Fax: (07) 4945 0222 Email: info@whitsundayrc.qld.gov.au

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If you wish to contact one of the Whitsunday Regional Council's Environmental Health Officers, please use one of the following: Phone: Southern Office: (07) 4945 0200 Northern Office: (07) 4761 3633 Fax: (07) 4945 0222 Email: info@whitsundayrc.qld.gov.au

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