In 2010, Burning Seed, the first official regional Burning Man event to be held in Australia, needed a legal entity that would cover the national footprint, to allow the conduct of a safe and compliant event to interact with the default world.

The private company Red Earth City Pty Ltd (ABN 72 141 969 226) was incorporated and registered with a constitution for the Burning Man Australia community, by its founding directors: Robin Macpherson (A Human), Phil Smart (Sherpa) and Richard Martin (King Richard).

RED EARTH CITY BOARD   3 BOARD MEMBERS   (NON-DISTRIBUTING) Robin Macpherson - founding & current director Feb 2010 - present Richard Martin - founding & current director Feb 2010 - present David Schoeffel (Baron de Merxhausen) - current director Jan 2022 - present Acting in a Trustee capacity for the Burning Seed Town Council (Active) & The Burning Man Australia Community Board (Currently Inactive)   3 COMPANY SHAREHOLDER MEMBERS Robin Macpherson - founding shareholder Feb 2010 - present Richard Martin - founding shareholder Feb 2010 - present Phil Smart - founding shareholder Feb 2010 - present "a registered private company operated constitutionally in a not-for-profit manner as a self assessed, ATO approved, 'Cultural Organisation' facilitating the umbrella of Burning Man Australia covering the Australian footprint of the Burning Man Project a catalyst for collaborative & creative culture in the world."   Last Update 31st Mar 2022

was formed by the Red Earth City Pty Ltd

company in August 2010

The formation of the Red Earth City (REC) 'Not For Profit' organisation was achieved, in its first year in August 2010, with the introduction of the company's Committee Guidelines, which is an internal document, approved by a resolution of the Directors.

This allowed conduct of the company's business and affairs to be delegated to a larger Town Council.

It also called for the broader community to have a say in its function, permitting Town Council to develop the Red Earth City organisation and operations with the community's input.

In June 2011, the following year, the company's constitution was also changed at a Special General Meeting of the company's 3 Shareholder Members.

Constitution of REC Pty Ltd - PDF file (click to download)

This was done to introduce purposes of the company and include non-profit & winding up provisions.

These early initiatives made the company and its organisation to be run in a non-profit way.

It also allowed the organisation, with the community's input, to look at adapting over time with how it is structured and carries out it affairs.

The constitutional amendments determined an ongoing commitment to transparency, consensus decision making and ensured the requirements for the conduct of safe gatherings, events and activities are met.

These amendments formed part of an expression of the wider aspirations of Burning Man Australia & The Burning Man Project, as a way of life lived consistently with the Ten Principles.

These purposes were revised further in November 2015, which allowed the original Red Earth City Town Council to be disbanded and replaced with 2 (two) independent standing committees of the Red Earth City Pty Ltd Board for the conduct of:

a) Burning Seed and

b) Burning Man Australia

which are formed to manage the business and affairs of the company in their respective areas of responsibility, with equal powers.

Current Red Earth City - Committee Guidelines:

The early version has been superseded by the 'Committee Guidelines - Version 2' on the 17th Nov 2015.

Click to Download: 'Committee Guidelines - Version 2' (PDF file)

BURNING SEED TOWN COUNCIL A Standing Committee of the Red Earth City Pty Ltd Board formed Nov 2015 NB: AS OF JAN 2021 POSITIONS ARE FILLING ON THE TOWN COUNCIL   IN THE ABSENCE OF QUORUM REC P/L DIRECTORS STAND IN TO CONTINUE BUSINESS   Robin Macpherson - REC board posititon, appointed Jan 2021 - present. Warren Lee - Sep 2021 - present Marcelo Araujo - Nov 2021 - present Luke Anderson - April 2022 - present (NB: WELL FULL, THE TOWN COUNCIL IS A BODY OF 7 MEMBERS, WHICH INCLUDES THE REC BOARD APPOINTED DIRECTOR POSITION) Last Update 28th May 2022

 

Role of the Red Earth City (REC) Organisation's - Burning Seed Town Council

The primary role of the Burning Seed Town Council is to conduct the Burning Seed gathering event.

This is achieved by working with Burning Seed's community, year round, in activities pertaining to, and at times beyond, the gathering event.

All of this is for the benefit and enjoyment of both Burning Seed's community and the wider community, who's participation is invited and key to the success of the project's undertaking.

Structurally, this is carried out in accordance with the REC Organisation's 'Committee Guidelines - Version 2' (PDF file) which contain the purposes of the Burning Seed Town Council body, which is outlined in the 'Responsibilities & Powers' section of the 'Committee Guidelines - Version 2' (PDF file).

In the eyes of the default world, the Red Earth City (REC) Organisation is the legal promoter, which conducts the Burning Seed gathering event, by the Burning Seed Town Council.

You may contact the Burning Seed Town Council by emailing  <towncouncil @ burningseed . com>

Within the REC Organisation, the Burning Seed Town Council is a standing committee of the REC Board (created on November 17th 2015) for the co-ordination and facilitation of Burning Seed.

Emeritus Burning Seed Town Council & Red Earth City Town Council members

Burning Seed Town Council members Nov 2015 - present

Susanne Parris - appointed Jan 2021 - May 2022

Phillip Dorman - appointed Nov 2021 - Mar 2022

Jamie White Colquhoun - appointed Jan 2021 - May 2021

Nayland McDonell - appointed Jan 2021 - Apr 2021

Rizwan Ahmad - appointed Jan 2021 - Mar 2021

Jo Roberts - appointed Jul 2017 - Nov 2020

Lisa Randell - appointed May 2018 - Jun 2020

Kuy Thurman - appointed Jul 2017 - Jun 2020

Victoria Vickery - appointed Dec 2015 - Apr 2020

Shaye Harty - appointed Dec 2015 - Apr 2020

Jason Bond - appointed Jul 2017 - Mar 2020

Ali Shams Ahmadi - appointed Nov 2016 - May 2018

Rennie Sinclair-Kydd - appointed Nov 2016 - Jun 2017

Carolin Brosnan - appointed Dec 2015 - Jun 2017

Jarred Taylor -  appointed Dec 2015 - Nov 2016

Neil Power -  appointed  Dec 2015 - Nov 2016

Red Earth City Town Council members Aug 2010 - Nov 2015

Paul Jorgensen - appointed REC Town Councilor May 2011 - Jul 2012

Jodi York - appointed REC Town Councilor May 2014 - Jul 2015

Robin Macpherson - founding REC P/L Director & REC Town Councillor Feb 2010 - Nov 2015

Phil Smart - founding REC P/L Director & REC Town Councillor Feb 2010 - Nov 2015

Richard Martin - founding REC P/L Director & REC Town Councillor Feb 2010 - Nov 2015

Neil Power - appointed REC Town Councilor June 2013 - Nov 2015

Justin Mcghee - appointed REC Town Councilor Jun 2013 - Nov 2015

The Red Earth City Town Council which was formed in August 2010 operated as the peak body of the Red Earth City organisation until Nov 2015.

This body is now discontinued and has been replaced by 2 standing committees of the Red Earth City Pty Ltd Board, being the Burning Seed Town Council & the Burning Man Australia Community Board.

The emeritus people listed here, who are not currently holding official roles on Red Earth City's Burning Seed Town Council, or the discontinued Town Council, have contributed in ways that have formed an essential part of our culture.

Their contributions as Red Earth City Town Council and Burning Seed Town Council members and organisational pioneers have been vital to our efforts.

Many are still active members of the community and possibly within the organisation, where their leadership is and will always be deeply appreciated.

 

Participate in Burning Seed

The Puposes of the Burning Seed Town Council are outlined in the 'Responsibilities & Powers' section of the REC Committee Guidelines:

21. Responsibilities & Powers

(1) The Burning Seed Town Council is responsible for the operations of Burning Seed by providing strategic planning for the co-ordination and facilitation of the event.

(2) To establish a Burning Seed Team Leads Committee to be a sub group of the Burning Seed Town Council to:

(a) organise the day to day operations of conducting a safe event in conjunction with the Burning Seed Town Council appointed Burning Seed Event Co-ordinator/s;

(b) make further recommendations to the Burning Seed Town Council, whom it is responsible to, particularly for all financial, budgetary, insurance and legal matters.

(3) To engage people by contract or employment to fulfill certain essential ongoing requirements that go beyond the scope of volunteers to maintain the viable, ongoing and safe operations of activities.

(4) To reimburse peoples out of pocket expenses that may be incurred on behalf of the organisation, this also includes members of the Burning Seed Town Council and the Burning Seed Team Leads Committee.

(5) The Burning Seed Town Council also has specific responsibility:

(a) for setting the conceptual direction;

(b) for discussing new ideas and opportunities;

(c) for developing policy, budgets and planning matters;

(d) for determining all financial, insurance and legal matters;

(e) for review and analysis of the operating procedure;

(f) for appointing Burning Seed Team Leads to areas identified in the operations.

(g) for conducting annual review of the performance of Burning Seed Team Leads;

(h) for rotating the chair from meeting to meeting; and

(i) electing by consensus a chair for each meeting;

(i) for liaising with any other committees established when required;

(j) for establishing sub groups with clear guidelines, to undertake specific functions for the Town Council, where these groups are accountable:

(i) in the first instance - to the Burning Seed Town Council; and

(ii) ultimately to the Board of Red Earth City Pty Ltd;

    for the proper carrying out of their responsibilities and powers;

(k) In carrying out its responsibilities, the Burning Seed Town Council may exercise all powers of the Red Earth City Pty Ltd, subject to this rule.

(6) A Board meeting of Red Earth City Pty Ltd may, by resolution, direct the Burning Seed Town Council on any matter within its responsibilities and powers.

 

Burning Man Australia COMMUNITY BOARD A Standing Committee of the Red Earth City Pty Ltd Board formed 17th Nov 2015 Robin Macpherson - REC board position, appointed Nov 2015 - present    (NB there are 7 positions on the community board, where the remaining 6 positions will be advertised and appointed, when it's decided to activate the Board)   Last Update 26th Oct 2019

Click here

For the latest Financial Reports for Burning Seed & Red Earth City Pty Ltd go to the financials page:

The early beginings

On the June long weekend in 2009 a small group of 35 people met at Bellingen NSW to plant the seed for a future Australian regional Burning Man event. Out of discussion it was decided that the best way to move forward would be to create an entiy that is bound by the obligation to provide an event for the Australian community within the principles of inclusiveness and transparency and functioning in a not-for-profit manner.

While there were initial considerations to create some form of membership based non-profit organisation for conducting the event, the requirements for setting up such a body appeared counter to addressing the needs of this proposed National based activity, that crossed borders without emanating out of one particular City or State, which allowed for the widest means for input via technology, without being constrained by many of the requirements & issues that membership based non-profit organisations may encounter over time. 

Having a limited time frame and resources on the ground, it was necessary to innovate by looking at different approaches to organise the activity to achieve its aim.  This saw the establishment of a Trust Agreement by the Vision Group which had formed out of the initial Bellingen gathering, which was given the task by the wider group to tackle these issues and move forward with getting the first event going.

Trust Agreement Ratified by a decision at the Vision Group Meeting Tues 9th Feb 2010. Download *.pdf At the beginning, form a private Proprietary Limited (Pty Ltd) company, whereby it is understood to build adaptability to this Trust Agreement and the rules of the company that will facilitate a transition to another form of entity or organisation that we believe is best for the community or the group, if required. That the company and the organisation formed out of this Trust Agreement is not the end of the line and it can be changed in the future. That there be transparency of the finances of the company and the organisation formed out of this Trust Agreement to the wider Burning Man Community. For consensus decision making at all levels of decision making. Create an Organising Group of up to 6 members to organise the Australian Regional Burn aligned to the Ten Principles and wider philosophy of Burning Man. Create groups and sub groups to recommend to the Organising Group and appoint a Team Lead to each of these groups. Create a Council of Team Leads that can make further recommendations to the Organising Group. Within the company and organisation formed out of this Trust Agreement we are trying to make a funnel and a filter to allow input of ideas and information to move upwards and allow the broader community to have a say in the function of the organisation. Aim to keep the language as clear and simple as possible within the company and the organisation formed out of this Trust Agreement to the wider community. To run the company and organisation formed out of this Trust Agreement in a Non-Profit manner where profit is not distributed to the directors, shareholders, stakeholders and/or members of the wider community. To allow the Organising Group to direct the company to employ people to fulfil certain roles and to compensate people fairly for their time and reimburse out of pocket expenses that may be incurred on behalf of the organisation formed out of this Trust Agreement, this also includes members of the Organising Group and Council of Team Leads.

 

In early February 2010, Robin Macpherson (A Human), Phil Smart (Sherpa), and Richard Martin (King Richard) established Red Earth City Pty Ltd as the legal entity responsible for operating Burning Seed, Australia's regional Burning Man event.

Before registering the company, an agreement between the three founding members of the company was entered into, which:

1. 1. required decisions to made by consensus,
      
   2. for the organisation to be run in a non-profit manner (where profits are not distributed to the Directors, Shareholders or Stakeholders), and
   3. that there be financial transparency of finances to the wider Burning Man community.

To the current day

The company has been run in this manner as described and in June 2011 changed its constitution to reflect this operating environment as a non-profit company. The change realised the company's standing as a non-profit entity, through the inclusion of clear purposes and non-profit provisions, for both its operation and upon winding up.

However, before introducing the non-profit provisions into the constitution, the directors brought in a set of 'Committee Guidelines' for the company in August 2010, which were revised further in November 2010. This was done in accordance to the initial agreement which was entered into by the founding members before the company was formed.

These guidelines created the non-profit organisation Red Earth City and the organisation's Town Council body which has been given the responsibility of managing the business and affairs of the company, as well as initially being the main planning body for Australia's regional Burning Man event. The Town Council may consist of between 3 and 6 people including the Directors.

The Team Leaders who are responsible for co-ordinating and enabling the various areas (departments) for the conduct of the Event are appointed by the Town Council.

In recent times, as the event and organisation has grown, the Town Council has given more responsibility to the Team Leaders group for the conduct of the event, enabling as much participation within the department areas, encouraging their development and autonomy.  

The Town Council also acknowledges the value of wider decision making in the organisation, particularly on important decisions which affect many people. As an example of this was in May 2011 when a decision was made to change the dates of the event to November, for that particular year, it was the Council of Team Leads, which was a combined meeting of the Town Council and the Team Leaders, who decided consensually about the decision of the date for the event.

With this stage of the company's transition completed, the next step could see the conduct of internal reviews for updating 'Committee Guidelines' to reflect the evolving organisation and/or considering whether its worth transitioning into a another type of non-profit entity.

The company purposes were revised further in November 2015, which has allowed the original Red Earth City organisation Town Council to be disbanded and operate with 2 (two) independent standing committees of the Red Earth City Pty Ltd Board for the conduct of:

a) Burning Seed and

b) Burning Man Australia

which are formed to manage the business and affairs of the company in their respective areas of responsibility, with equal powers.

This has also allowed the new 'Committee Guidelines Version 2' to be introduced on the 17th Nov 2015.

Any broader changes to another type entity will require the wider community's input, which will need to be done in an open, considered and consultative way.

There are also other groups meeting regularly in the regions around the Country, which you can find out about in the newsletters or on the Burning Man Australia forums. Every effort is made to reach out to and involve the broader Australian burner community. We are a new community and are still learning the most effective ways to do this.

 

Operations Structure 17th Nov 2015:

Download *.PDF here