Selected
Projects undertaken by Atherton Advisory and its Directors.
24.0 Project name: Implementation
of the Sustainable Tourism Development Plan 2003-2004.
Location: Saudi Arabia
Client: Supreme Commission
for Tourism (SCT)
Position: Senior Advisor, Director of the Laws & Regulations
Program.
Time spent: 19 months .
Description: Senior Advisor to
the SCT for the implementation of the Sustainable Tourism Development
Plan and Director of the Laws & Regulations Program which is drafting
the laws and regulations required to establish the institutional and regulatory
framework for tourism in accordance with the plan.
Services provided
(selected):
24.1.
As
Senior
Advisor assisting the SCT to mobilize and introduce the institutional changes, systems,
procedures and methods required to establish SCT as an operational national
tourism administration using a state of the art private/public partnership
approach.
24.2.
As
Director
of the Laws & Regulations Program, in charge of an in house team of 5 lawyers
including three national counterparts responsible for the legal work across
the full range of tourism law subject areas including SCT Statute and
provincial tourism organizations, trade associations, tourism development
corporations, general tourism law, travel agency laws, tour operator laws, tour
guide laws, visa laws, hotel laws (including 5 star hotel classification
system), furnished apartment laws, timeshare law, passenger transport law,
consumer protection, health, safety and licensing and quality assurance etc.
24.3.
Work on
each subject includes a review of existing national laws and regulations, building
database, review of international and other national best practice and
recommended model, drafting the law, preparing discussion paper, consultation,
preparing policy paper and assisting with enactment.
24.4.
Training and capacity buildingduring the work including a
comprehensive in house course on International Tourism law covering international
and best practice national laws on all subject areas.
See Supreme Commission for Tourism, Kingdom of Saudi Arabia.
http://www.sauditourism.gov.sa
23.0 Project:
Uniform Traveller Accommodation Law for Australian States and Territories,
2003
Location: Australia(Sydney) Client: Inter-Governmental
Committee on National Innkeepers Legislation, Australian Government
Standing Committee on Tourism (ASCOT)
Position: Consultant Time spent: 2 months
Services provided: Researched and prepared discussion paper on international
law and best practice on the regulation of hotels and other providers
of accommodation to travelers including review of UNIDROIT, IH&RA,
WTO and other initiatives, comparative study of OPEC country laws, review
of each Australian state and Territory law and recommendations for the
uniform law. Recommendations adopted by the Committee and being incorporated
into proposed uniform law.
22.0 Project name: Sustainable
Tourism Development Planning 2000-2002.
Location: Saudi Arabia Client: Supreme Commission
for Tourism (SCT)
Position: Senior Advisor, Program Manager. Time spent: 30
months
Description: Senior Advisor to the SCT, the organization established
by the Council of Ministers to open up and develop the tourism industry
in Saudi Arabia. Program Manager for the Sustainable Tourism Development
Plan, considered one of the world's largest projects of its type.
Services provided (selected):
22.1. Program Manager for the Sustainable Tourism Development
Project for Saudi Arabia considered one of the largest
and most challenging national tourism planning projects ever undertaken.
22.2. Designed and conducted workshops of stakeholders to explain, review
and adopt the best practice approach to sustainable tourism development
planning.
22.3. Designed and drafted the TOR and settled the terms through
a consultation process involving more than 1000 stakeholders.
22.4. Designed and drafted the RFQ, RFP and contracts and managed
the selection, shortlisting, evaluation and engagement of numerous international
and local consultants and firms in accordance with World Bank guidelines.
22.5. Coordinated and managed specialist internal and external teams
of experts across all disciplines comprising more than 100 consultants.
22.6. Managed the data collection, research, best practice, consultation,
drafting, review and approval program for each of the 16 technical
output reports in the masterplan
22.7. Developed and applied modified MS Project software and
systems to track, monitor, manage and report on progress on the project
against rigorous resource, budget, time and quality criteria.
22.8. Professional guidance and input into each technical output
including particularly tourism planning, organization, laws and regulation.
22.9. Member of the Steering Committee which reviewed and approved
each output according to a rigorous QA system.
22.10. Senior Advisor to the SCT on key strategic, organizational,
technical, legal and policy issues throughout.
Progress: Under the project, the 20 Year Masterplan and
the 5 year Action Plan have been completed and approved by the SCT board
and are now being implemented.
See Supreme Commission for Tourism, Kingdom of Saudi
Arabia.
http://www.sauditourism.gov.sa/sct/indexb.php
21.0 Project name: Strengthening
Tourism Planning CAM 3200, 1999-2000.
Location: Cambodia Client: Asian Development Bank / Ministry
of Tourism Position: Team Leader, Time spent: 4 months
Description: Developed the legal framework and designed the standards
and quality assurance systems in Cambodia for sustainable international
tourism together with a range of other tasks designed to strengthen
tourism planning.
Services provided included:
21.1. Laws. Drafted laws on organisation and functions of Ministry,
national/ regional tourism plans/policy, regulation of tourism/entertainment
sector, licensing and standards for each subsector including hotels,
resorts, restaurants, cruise boats, massage parlours, karoake bars,
casinos, tour guides. Reviewed other national/international laws affecting
sustainable tourism and identified further action required to develop
the legal framework.
21.2. Standards. Reviewed industry standards and problems, designed
quality assurance system to raise standards including 5 star international
hotel classification scheme.
21.3. Industry associations. Undertook measures to strengthen
industry associations and assist affiliation with international associations
to bring international regulations and codes of practice into force
in Cambodia.
21.4. Training. Designed and delivered seminars for industry
and government on international tourism law and key issues for emerging
destinations like Cambodia. Identified skills required and designed
training programs on the laws, standards, hotel classification and quality
assurance system.
21.5. Web site. Developed specification, cost estimates, implementation
program, revenue earning and cost sharing arrangements.
21.6. Tourism Development Plan. Prepared tourism development
plan for Preah Vihea, an ancient temple complex located in a former
Khmer Rouge battlefield on the Cambodian/ Thai border. The site is attracting
many visitors now peace has returned and World Heritage listing is proposed.
Plan includes a strategy for developing infrastructure and facilities
for tourism and protection and presentation of the site together with
an action plan to secure private sector investment.
21.7. Official representative offices in foreign countries. Reviewed
proposals and Ministry needs and interests, prepared negotiating guidelines
and standard agreements for appointing and managing representative offices.
21.8. Plan for further institutional strengthening. Identified
and prioritized areas needing further institutional strengthening and
prepared a proposal and action plan.
21.9. Other services. Advised on aviation policy, casino taxing,
marketing, regional issues, planning and development, drafted speeches
and media releases.
See Ministry of Tourism, Cambodia http://www.mot.gov.kh/
20.0 Project name: International
Tourism Law: codes, customs, conventions and practice Australia 1995
- present
Location: Australia (Sydney) Client: International Tourism
Law Institute (ITLI) Position: Project Director. Time spent:
1 year
Description. Comprehensive collection of the international
regulatory materials governing the tourism and travel industry published
to provide a valuable research resource for industry, government and
academia worldwide. Collection is being further developed and published
on line and in print.
Services provided: Researched, collected, assembled and organised
the materials and oversees the research, presentation, publication and
education activities.
See International
Tourism Law Institute
19.0 Project name: Education,
training, capacity building, governance, 1991-continuing
Location: Australia Client: Various Universities,
Training Government & Industry Orgs.
Position: Professor, lecturer, course developer presenter
and coordinator. Time spent: 3 years equivalent
Services provided: Developed and taught numerous programs
in law and regulation particularly business law, land law, transport
law, tourism travel and hospitality law.
See now International
Tourism Law Institute
18.0 Project name: Hong
Kong Trade and Development Council Review, 1999
Location: Australia (Sydney),
Hong Kong Client: HK Trade and Development Council
Position: Team Leader, Oceania Region, Time spent:
1 month
Services provided by Trevor Atherton (through PwC)
included: Responsible for the Oceania regional office review
as part of a global team which undertook a fundamental review of Hong
Kong’s inward investment promotion program in the face of the competition
which Hong Kong now faces and changing political and economic trends.
See http://www.tdctrade.com/
17.0 Project name: Arbitration, Mediation, Negotiation and Alternative
Dispute Resolution 1991-2004
Location: Australia, Africa,
Asia Client: Various
Position: Advisor Time spent: FT equivalent 24 months
Services provided:
17.1. Mediation and settlement of numerous disputes including SME partnership
disputes, building disputes, land title disputes, 1996-2002.
17.2. Negotiation of numerous agreements including joint ventures, tenders,
developments, partnerships, joint ventures, shareholder agreements,
land ownership, leases, easements, and government approvals, incentives,
licences and concessions 1982-2004.
17 .3. Research, teaching and authorship on arbitration, mediation and
negotiation particularly in relation to air service agreements, hotel
management agreements, tourism development in World Heritage and sensitive
areas 1994-2000.
16.0 Project: Traveller
Accommodation Providers Act for Queensland, 1996-2000
Location: Australia (Brisbane, Sydney) Client:
Queensland Government
Position: Consultant Time spent: 2 months
Services provided: Researched and prepared discussion
paper and recommendations for reform of innkeepers' laws in Queensland.
Reviewed and advised on issues raised in consultation and assisted in
drafting amendments. Adopted and enacted into law
See: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TravellAcPLA01_001.pdf
Now being considered as a model for a uniform national scheme.
15.0 Project name: Transactions including hotel management agreements,
hotel and resort sales, purchase, leases due diligence and project appraisal
1980 -2004
Location:Australia, Asia Client: Various
Position: Advisor Time spent: FT equivalent 48 months
Services provided include:
15.1. Advised and acted for the Ministry of Tourism, Cambodia
on numerous tourism transactions providing vendors due diligence, tender,
appraisal, negotiation and legal documentation. Projects fro 1994-1999
included: Four Seasons Hotel, Angkor; Club Med, Sihanoukville; Meridien
Hotel,Angkor; Naga Island Resort, Sihanoukville; Takiev Island Resort,
Sihanoukville; Royal Gardens Hotel, Angkor; Chedi Hotel, Angkor; King
Gardens Golf Course and Country Club; Sihanoukville development Masterplan;
Integrated Resort Masterplan, O Chheu Teal Beach Cambodia; Royal Cambodian
Country Club, Phnom Penh; Ecotourism resort, Sihanoukville
15.2 Advised and acted for numerous Australian clients on tourism transactions
including vendor and purchaser, due diligence, tender, bids, appraisal,
negotiation and legal documentation. Projects include due diligence
review and compliance audit on Hyatt Coolum Integrated Resort, Sunshine
Coast 1998, vendors due diligence and international tender sale of the
Four Seasons Hotel Sydney 1987, developers bid for privatisation and
tourism redevelopment of Manly Council carpark including foreign investment
approvals, developers strata title, leaseback and hotel management agreement
for Sovereign apartment development, Gold Coast 1995.
14.0 Project name: Land title including native title, stratA title
and land title for tourism development 1982-2004
Location: Australia, Africa, Asia Client: Various
Position: Advisor Time spent: FT equivalent 24
months
Services provided include:
14.1. Strata title conversion and redevelopment on various projects
in Queensland and NSW 1982-2004
14.2. Advice to the Cambodian Government on land title system for tourism
development including the design and drafting and implementation of
a comprehensive development lease system government leases to the private
sector and design of a proposed torrens style registered title system
for Tourism Development Zones, 1994-1998.
14.3. Expert evidence and submissions to numerous inquiries into native
title, atrata title and title for tourism development 1992-2003
14.4. In house training seminars to Baker & McKenzie on native title
1998.
14.5. Advice to various projects on native title including mining, utilities
and tourism development projects, leases and licences through Baker
& McKenzie, 1998-1989.
14.6. Research, teaching and authorship on land title and native title
including development leases, native title, strata title and integrated
resort development law, 1994-2000.
14.7. Queensland, Designed and implemented the land title system for
the Dolphin Heads integrated resort town project including easements,
leases, covenants and strata title. 1982-1990
13.0 Project name: Air transport privatisation, investment, development,
law and policy, 1987-2000
Location: Australia, Europe,
North America, Asia Client: Various
Position: Advisor Time spent: FT equivalent 12
months
Services provided: include
13.1 Advice to the Ministry of Tourism Cambodia on numerous projects
including: Privatisation of Royal Air Cambodge 1994, Pochentong International
Airport tender Phnom Penh 1995, Sihanoukville International airport
1994-96, Siem Reap Airport 1996; Global airport and free trade zone
1995-1996; Aviation open skies & related policies, 1999.
13.2 Advice to Qantas on travel agency including IATA resolutions, GST
and contractual arrangements and in house training seminars on aviation
law and policy, 1998.
13.3. Expert evidence and submissions to numerous inquiries into air
transport, deregulation, privatisation, competition law. 1992-2001.
13.4 Research, teaching and authorship on aviation law and policy including
carrier liability, consumer protection, air service agreements, competition
law and deregulation 1994-2000.
13.5 Reviewed the arrangements and advised a general sales agent
on their rights and responsibilities following the collapse of an international
carrier leaving a substantial number of travellers stranded in Europe,
1998.
13.6 Reviewed and advised on the booking conditions and terms and conditions
of carriage for an air charter operator between Canada
and Australia via Hawaii and New
Zealand, 1998.
13.7 Queensland, Co-Chairman of the Local Ownership Committee, which
negotiated the acquisition and redevelopment of Mackay Airport by the
Mackay Port Authority, 1987-1990
12.0 Project name: Removing regulatory
barriers to sustainable tourism development, 1998-1999
Location: Southern Africa (14 countries),
Australia, USA Client: World Travel &
Tourism Council / World Bank
Position: Project Director, Time spent: 7 months
Description: WTTC/WB project to remove regulatory barriers and
to promote and facilitate foreign investment, privatisation, infrastructure
and sustainable development in tourism in emerging market economies
in Southern Africa. Services provided:
Comparative study of the regulatory systems and barriers to sustainable
tourism development in 14 Southern African countries. The study included
a review of the tourism, travel and investment laws of emerging market
economies, liaison with key World Bank agencies on grants, loans, guarantees
and other assistance required to facilitate projects in developing countries.
See now SCDC Trade Industry & Investment Review, 2004 http://www.sadcreview.com/
11.0 Project name: Hawaii Tourism
Authority Competitive Strategic Assessment 1999
Location: Australia (Sydney), New Zealand, Hawaii Client:
Hawaii Tourism Authority
Position: Team Leader (Oceania Region), Time spent: 2
months
Services provided by Trevor Atherton (through PwC) included:
Responsible for the Oceania major market area and competitive destination
analysis as part of global team. Project involved literature review,
consultations with industry, data collection and analysis, identification
of potential strategic directions. See Hawaii Tourism Authority: http://www.hawaii.gov/tourism/
10.0 Project name: Fiji
international airport and tourism development project 1999
Location: Australia (Sydney),Fiji Client: Native
Land Trust Board
Position: Project Director, Time spent: 2 months
Services provided by Trevor Atherton (through PwC) included:
Designed and instigated a proposal for major tourism development project
for native title lands on an outer island.
See existing resort http://www.fiji-islands.com/cousteau.html
9.0 Project name: Whitsunday
Ecotourism Resort Queensland Australia 1997
Location: Australia (Sydney, Whitsundays)
Client: Geravale Holdings Pty Ltd
Position: Legal and Development Advisor, Time spent:
1.5 months
Services provided by Trevor Atherton (through Baker &
McKenzie) included: Acted for the purchaser and advised on the
development concept and authority approvals for a world class ecotourism
resort in North Queensland.
See WoodwarkBay: http://woodwarkbay.com.au/
8.0 Project name: Angkor
Tourism Development Zone Masterplan, 1995-1997
Location: Cambodia (Siem Reap),
Malaysia Client: Ministry of Tourism,
Cambodia
Position: Legal and investment advisor (Project Team Leader)
Time spent: 18 months
Description: Masterplan sponsored by Malaysian public company
for a 1000 hectare integrated tourism development zone to serve the
Angkor World Heritage Site.
Services provided handled the negotiations and
documentation for the Ministry of Tourism including the MOU, joint venture
agreement, land titling, development standards and procedures. Project
did not proceed for other reasons.
See now the Authority for the Protection and Management of Angkor and
the region of Siem Reap: http://www.autoriteapsara.org/
7.0 Project name:Tourism
privatisation and development, Cambodia, 1995-1997
Location: Cambodia Client:
Ministry of Tourism
Position: Law, Investment and Development Advisor Time
spent: 1 year
Description: Continued the advice and assistance required
by the MoT on tourism privatization, investment and development in the
transition from communism to a market economy.
Services provided Advice and assistance on privatisation
of the tourism sector and in the identification, appraisal, planning,
financing, investment and development of over US$1billion of tourism
projects. Dealt with leading investors, developers, operators, managers
and consultants from all over the world including all ASEAN countries,
negotiated, drafted and implemented agreements between MoT and investors.
Projects included award winning grand historic hotel restoration and
development projects:
see Raffles Grand Hotel d’Angkor http://www.raffles.com/raffles/mini_site
and Raffles Hotel Le Royal see:http://www.raffles.com/raffles/
6.0 Project name : Preliminary
Assistance on Tourism Development, Cambodia 1994
Location: Cambodia Client: UNDP/WTO
Position: Law and Investment Consultant Time spent:
7 months
Description: UN sponsored program to provide technical
assistance on tourism planning and development in the transition from
communism to a market economy.
Services provided:
6.1. Advice and assistance on establishing an investment law, incentives
and procedures for tourism development, privatisation, attracting investment,
quality assurance and organising the development of hotels, airports
and other tourism facilities.
6.2 Reviewed the regulatory framework for tourism and investment; advised
on and drafted laws, policies and procedures for privatization, tourism
investment, licensing and development; assisted the MoT in negotiations
with developers and the review, appraisal and documentation of tourism
investment and development projects.
See Ministry of Tourism, Cambodia
5.0 Project name: International
tender for Naga Island casino resort and international airport,Sihanoukville
Cambodia, 1994
Location: Cambodia (Sihanoukville) Client:
UNDP/WTO /Ministry of Tourism Position: Project Team Leader
Time spent: 3 months
Services provided Very large project for development of new destination
comprising an island resort, international airport, sea port and extensive
infrastructure. Work included formulation of the casino policy, design
of commercial terms and incentives of the investment package, international
tender documentation including casino law, lease, development agreement
and specification, international marketing and promotion, evaluation
of bids, recommendation, negotiation and documentation of winning tender.
See Ministry of Tourism, Cambodia
4.0 Project name: International
comparative study on tourism carrying capacity and management in World
Heritage areas, 1993-1995
Location: Australia, France (Paris)
and 30 participating countries Client: UNEP Position:
Environmental/sustainable development specialist Time spent:
3 months
Services provided: Conducted an international study of the management
of tourism in World Heritage Sites. Tasks included: literature and document
reviews, a survey of natural World Heritage Sites, organisation of an
international workshop of Site managers and international experts, reports
on management approaches to tourism, factors limiting tourism and tourist
carrying capacity.
See now Guidelines for Sustainable tourism in Protected Areas: http://www.uneptie.org/pc/tourism/library/sust_prot_areas.htm
3.0 Project name: Ecotourism Strategy
for Queensland,Australia 1993-4
Location: Australia (Brisbane)
Client: Queensland Government, Tourism Policy Bureau
Position: Ecotourism specialist Time spent: 3
months
Services provided Prepared a discussion paper and advised
on developing a strategy for ecotourism for the Queensland including
a review of the relevant state, national and international laws and
policies on ecotourism, analysis of key issues and opportunities.
See Queensland Ecotourism Plan 2003-2008 http://www.tq.com.au/tq_com/dms/F3DDBA55A064F3695E27649C38F1D755.pdf
2.0 Project name: Dolphin Heads
Resort, North Queensland, Australia 1981-1991
Location: Australia (Mackay) Client:
Dolphin Heads Developments Pty Ltd
Position: Managing
Director (Project Team Leader) Time spent: FT equivalent 5 years
Services provided Project manager and principal advisor
in the planning, financing, development, management and operation of
the integrated tourist resort project. (Also known as Whitsunday Waters
Resort)
See: http://www.dolphinheadsresort.com.au/
1.0 Project name: Regional Tourist
Authority corporatisation and turnaround, Queensland Australia 1983-1990
Location:Australia (Mackay, Whitsunday) Client:
Mackay Whitsunday Tourism Council (later Tourism Mackay Inc)
Position: Chairman (Project Team Leader) Time spent:
full time equivalent 2 years
Description: One of Queensland’s key regional tourism authorities
representing a diverse region comprising 7 local government areas offering
World Heritage listed Great Barrier Reef islands, rainforest, beaches,
tourist resort towns, national parks and the outback on the north Queensland
coast
Services provided Reorganised and corporatised the authority
introducing proper management and accounting systems. Developed and
implemented a highly successful 5 year strategic plan for tourism in
the region in consultation and cooperation with local government, industry
and other stakeholders on a public/private partnership basis. Developed
extensive marketing, promotion, tourist information, travel agency,
tour operation and souvenir operations to generate revenue, develop
product and market the attractions and facilities of the region as a
destination. Net assets increased from -$100,000 to +$700,000, turnover
grew from zero to over $1m pa.
See now Mackay Tourism Limited: http://www.mackayholidays.info/
and Whitsunday Tourism: http://www.whitsundaytourism.com/
