POMA

BERTHING & WATERWAY REGULATIONS 2008

1.	The Port Owen Marina waterways, jetties, walkways and private open spaces (hereinafter referred to as 'the Marina') constitute a private marina managed by Port Owen Marina Authority (POMA) who reserves the right of admission of any craft or person into the Marina at all times. POMA's authorized representative is appointed from time to time and is designated the Marina Manager.
2.	All persons entering, and all vessels entering or launched in, the Marina and whilst in the Marina shall be bound by the Berthing & Waterway Regulations as amended from time to time.
3.	Boat owners wishing to berth their vessels in the marina must first make written application to the Marina Manager giving details of their vessel, expected date of arrival and expected duration of stay. Should a berth be made available, the berth holder must then conclude a Berth Holder's Agreement with POMA through the Marina Manager. Berths will only be made available to boat owners. Click here to download the Berth Holder's Agreement The Berth Holder's Agreement is between POMA and the owner of the vessel and is not transferable. Should the vessel subsequently be sold, the new owner must make application for a berth as above should he/she wish to keep it in the Marina. A Berth Holder's Agreement may be terminated by either party upon giving one months notice. See also Clauses 26, 27 and 28.
4.	Should a berth holder wish to vacate his/her berth for more than 30 days but still retain that berth, he/she must notify the Marina Manager in writing of his/her intentions and ensure that his/her berthing fees are kept up to date. The Marina Manager may, at his discretion, sub-let the vacated berth temporarily. When returning to the marina, the berth holder must give at least 15 days notice of his/her anticipated arrival date so that the Marina Manager may make other arrangements for the vessel using the berth temporarily. If adequate notice of arrival is not given, the berth holder may have to find accommodation elsewhere until his/her berth is freed.
5.	Skippers and vessels are at all times subject to the requirements of the Merchant Shipping (National Small Vessel Safety) Regulations, 2007 and the applicable Harbour, Navigation or other relevant Authorities' regulations and bylaws.
6.	All skippers must be qualified to use the craft in the intended areas of use and all craft must be maintained and equipped in a seaworthy condition in compliance with the Merchant Shipping (National Small Vessel Safety) Regulations, 2007.
7.	All skippers putting to sea from the Marina shall comply with the reporting procedures stipulated in Clause 12 of the Merchant Shipping (National Small Vessel Safety) Regulations, 2007. Signing out with 'Port Owen Marina' on VHF Cannel 71 does not constitute compliance with these Regulations.
8.	All craft entering the Marina and whilst in the Marina shall be under the jurisdiction of the Marina Manager but shall remain at the owner's risk and POMA shall not be liable for death or injury to any person or for the protection of or for loss of or damage to property, the craft, it's gear, equipment or contents.
9.	The owner of any craft shall be responsible for the death, injury or accident to any person or damage to any craft, structure or jetty arising from his/her act or omission or of the act or omission of his/her crew or guests and shall indemnify POMA for any liability and or expenses arising therefrom.
10.	All persons entering the Marina and using the walkways, jetties and other facilities do so at their own risk and POMA shall not be liable for death or injury to any person or loss of or damage to any property whilst so doing.
11.	Owners of vessels shall provide suitable warps and fenders and shall be responsible for ensuring that their vessels are securely tied up in their berths, making adequate allowances for tidal height variations.
12.	Should any vessel, whilst in the Marina, break free from its moorings, capsize, catch fire, sink or suffer any other such calamity, the Marina Manager may, in the absence of the owner of the vessel, take whatever steps he regards as necessary to rectify the situation at his own discretion. The cost of such actions would be for the account of the owner of the vessel concerned.
13.	Wakes and wash The Marina is a no wake, 'dead slow' area and all craft shall be navigated in such a manner so as not to endanger or inconvenience other Marina users or cause damage to the beaches, walls or other Marina works. No vessel may be operated closer than 12 metres from the banks of the Marina except when approaching or leaving their moorings or the slipway.
14.	Swimming Swimming is permitted, at the swimmers risk, only within 12 metres of the banks of the Marina in designated areas. Swimming is prohibited in areas where vessels operate. Boat owners may swim around their boats at their berths for purposes of cleaning, inspection or maintenance. Children under the age of 16 years shall be under adult supervision at all times when swimming in the Marina. POMA shall not be liable for the injury or death of persons whilst swimming in the Marina.
15.	Pollution: No sewage, oil, chemicals or inflammable substance may be discharged into the Marina. No litter or refuse may be thrown overboard and all refuse shall be removed from the Marina.
16.	Noise No noisy, noxious or objectionable engines, generators, radios or other apparatus may be operated in the Marina. Halyards must be secured away from masts so that they do not cause a nuisance to other Marina users or Port Owen residents.
17.	Pets No dogs or other pets are allowed in the Marina unless they are kept under control at all times and the owner arranges for the cleaning up and disposal of excrement.
18.	Fishing No net fishing or pumping for bait is allowed anywhere in the Marina No fishing of any kind is allowed from the walkways and jetties of the main basin, being the area of water between Marina Point and the Yacht Club.
19.	Boat Maintainance All craft must be maintained in good condition so as not to become unsightly. Minor repairs, painting and fitting out of craft may be carried out at the moorings with the specific consent in writing of the Marina Manager. Such work shall not cause undue nuisance to other berth holders or to residents around the Marina. Major works shall be carried out at the boatyard or elsewhere. The Marina Manager shall determine at his discretion what constitutes major works.
20.	Live-aboards No person may live aboard any craft berthed in the Marina without the specific consent of the Marina Manager in writing and payment of the requisite fee as published by POMA from time to time.
21.	No clothing or other washing may be hung to dry except for items which may be hung below the height of the vessel's guard rails for short periods of time during weekdays only.
22.	No fixtures may be added to or alterations made to the jetties and no items of boat gear, fittings or equipment may be left on the jetties without the specific agreement of the Marina Manager in writing.
23.	No berth holder shall have the exclusive right to any particular berth. Vessels shall be manoevered and berthed where directed by the Marina Manager, who may at any time require vessels to be moved from one berth to another at his discretion. In case of necessity or emergency, craft may be moved by the Marina Manager, or persons delegated by him, to another part of the Marina provided that neither the Marina Manager nor the delegated person nor POMA shall be liable for any damage arising from such activity. Should a dispute arise over the allocation or suitability of a berth, the decision of the Board of Directors of POMA will be final.
24.	No craft may be operated out of the Marina for charter or other commercial purposes without the consent of the Marina Manager in writing. Such commercial activity may attract additional fees at POMA's discretion.
25.	The owner of any craft using or berthed in the Marina shall be charged launching fees, berth rental fees, marina maintenance fees, security fees, live-aboard fees, etc. as appropriate, according to a schedule of rates published by POMA from time to time. Payment is due on the first day of every month or upon presentation of any account. A discount is offered for payment annually from 1st July to 30th June of every year. Interest will be charged on any overdue amounts at a rate of 20% p.a., calculated on the daily balance.
26.	Should a berth holder fall more than three (3) months in arrears in the payment of fees to POMA, the berthing agreement will be terminated forthwith and POMA will have the right to allocate the berth in question to the owner of another vessel. If the berth is still occupied at the time, the owner of the vessel will be required to remove his/her vessel from the Marina.
27.	A boat owner who has signed a berthing agreement and who removes his/her boat from the Marina without intending to return, or who cannot for some reason return, must advise the Marina Manager in writing, failing which he/she could be held liable for any unpaid fees, interest and legal costs.
28.	If the owner of any vessel breaches any of the terms of this agreement and fails to rectify such breach on being given reasonable notice to do so by the Marina Manager, POMA shall have the right to terminate this agreement and to require the owner to remove his/her vessel from the Marina within a specified time by sending notice by hand to the owner personally or by registered post to the owner at his/her last known address. If the owner fails to remove the craft within the specified period, POMA shall have the right to take whatever legal and other action is necessary to remove the vessel at the owner's risk and to effect recovery of all costs arising from such action. Last revised 13/08/08.

Berth Holders' Charter for Port Owen Marina
23 Sept 2009

Preamble

Port Owen Marina is situated within the town of Velddrif ( Bergrivier Municipality ) on the Cape West Coast near the mouth of the Berg River. Port Owen Marina is principally a residential marina comprising the housing developments of Port Owen and Admiral Island.

The waterways are owned by the Bergrivier Municipality and managed by the Port Owen Marina Authority ( POMA ) who have a 99 year lease over certain waterways and other properties. POMA is a registered company under section 21 of the companies act and is administered by directors nominated and appointed by its member organisations which include the Port Owen Property Owners Association, the Admiral Island and Pelican Bay Home Owners Association, Port Owen Yacht Club, the three Timeshare Companies, and the Bergrivier Municipality. The member organisations each have a direct interest in the waterways. With its non-profit motive and membership base it is clear that POMA is managed - by the people for the people.

The management of Port Owen Marina Authority will use its best endeavours to provide the services below:

VALUE FOR MONEY
1. Facilities and services commensurate with fees
  Quotations for moorings are available on request and contain no 'hidden' extras.
  The facilities available at Port Owen Marina are believed to be comparable with those at other Marinas in South Africa and are provided at a competitive price.
  Port Owen Marina's contract terms and rules are designed to be fair to all parties.
  Port Owen Marina has a policy of strict compliance with competition laws. All prices are freely available and when dealing with competitors, we do not discuss, arrange or agree prices, share price information, cover pricing, discounts and similar arrangements, profit margins, market sharing or division.
  Marina fees are reviewed annually.
2. Written management Policy of Customer Satisfaction
  POMA has a written mission statement which includes its commitment to customer care and satisfaction which is posted on the marina office notice board.
  Berth-holders are asked to contact the Marina Manager in connection with any items that require immediate action to be taken.
  POMA has a philosophy of 'continuing the process of consultation'.
  Throughout the development and refurbishment of the marina we canvass the views of boat owners. This helps us to create a friendly and welcoming leisure marina that provides all that the discerning yachtsman could wish for.

SECURITY
1. Protection
  The Marina office is manned on Mondays & Thursdays from 9am to 1pm. The Marina Manager is available during normal working hours for day to day needs and 24 hours a day for emergencies on 083 231 6953. Regular checks are carried out by the Marina Manager and in the event of an incident he will take the appropriate action to deal with the situation. POMA presently does not provide security guarding services.
  Security Flood lights with motion detectors are installed where required. These lights automatically light up as soon as anyone walks onto a jetty.
  During periods of bad weather or exceptional tides, the jetties may be checked up to two or three times per 24 hours.
2. Readily available emergency help
  The boat hoist is owned and operated by an independent operator but a 'rapid response' is available to cope with potential problems including the sinking of vessels.
  POMA has the ability via a voluntary emergency team to be on site within 30 minutes to deal with any potentially serious situation including, fire, sinking or vessels requiring assistance in the marina, river or sea.

FACILITIES
The principal facilities of concern to Berth-holders meet the following criteria:
On Shore

Toilets and Showers - Available 24 hours
The ablution facility belongs to the Port Owen Yacht Club and visitors and Berth-holders can make arrangements to use the facilities via the Marina Manager.
Male Side
2 x Showers
2 x Toilets
Urinal Female Side
2 x Showers with private dressing area.
2 x Toilets

The showers and toilets are normally cleaned twice a week or more if required. Fees are payable for the use of this facility.
Launderette - Available 24 hours
One washing machine is available via the Port Owen Yacht Club
Public Telephones - Available 24 hours
There is a public telephone near the Port Owen Yacht Club.
Boat Hoist
A 10 ton SWL capacity crane is available 7 days a week, with an emergency call-out procedure in place if required. All staff operating the hoist are trained and are subjected to a re-test every 3 years. Storage space and cradles are available at the boatyard for vessels up to 10t in weight with power, fresh water and floodlighting provided.
Boat Storage Areas
There is a short term boat storage area near the slipway as well as private boat storage within the town.
Yacht Club
Port Owen has a vibrant yacht club, the Port Owen Yacht Club and berth-holders are welcome to join.
Car Parking Areas
POMA presently has two car parking areas, one on the North Western end near the Yacht Club off Maxie Drive and the other on the Eastern end off Helena Avenue.
Yacht Club members can park inside the Club premises.
POMA also has a short term parking area at the head of the main basin to assist in loading and offloading of vessels.
Refuse
Waste bins are supplied at the foot of each of the jetties for the use of berth-holders and they are emptied once a week on a Monday.
Slipway
The use of the slipway is free to Berth-holders but casual visitors are required to pay a fee. POMA also provides a limited amount of trailer and car parking near the slipway on a short term basis. Trailers must be clearly identified with the boat name and a contact number.
On Pontoons
Power
A 220v 15amp single-phase supply is available 24 hrs a day free of charge.
Water
Municipal water at mains pressure is available 24 hrs a day free of charge
Lighting
Footlights connected to automatic light-sensor switches ensure adequate lighting to the jetties and the walkways.
Within Marina
Marina Office
The Marina Office is situated at the Marina Centre building near the slipway. The office hours are Mondays and Thursdays 8am to 1pm.
Boat Repair Yard
The Marina has an independently operated boat repair yard.
On Site Contractors
There are a number of independent local contractors offering various services. Details are available via our website or the Marina Manager.

MAINTENANCE AND CLEANING
The maintenance and cleaning relevant to each of the facilities are:
On Shore
Jetties
Jetties are maintained by outside contractors as and when required.
Walkways and Gardens
The walkways and gardens are cleaned and maintained by an independent contractor appointed by POMA.
Safety Equipment
An oil spill control kit, emergency equipment and fire extinguishers are kept in an enclosure near the main basin. Emergency contact numbers are listed on the enclosure.
Waterways, Harbour and River
Navigation Lights and Marks
The navigation lights at the harbour entrance are managed and maintained by Marine and Coastal Management (MCM), a Government institution. POMA has port and starboard navigation lights at each of the marina entrances.
The centre channel and other navigation buoys within the river, are the responsibility of MCM but they have neglected this duty. POMA have therefore placed and maintained these markers over the years. Skippers negotiating the river are however advised to exercise good seamanship and not rely solely on the channel markers as they are sometimes vandalised.
Holding Jetty
POMA has a holding jetty available for deep draft boats to moor to temporarily when the tide is too low to allow safe passage up the river to the Marina. Vessels with up to 2,2 meters draft can safely access the holding jetty at any state of the tide.
Dredging
POMA has embarked on emergency maintenance dredging of the main entrance and is in the process of putting in place a formal maintenance dredging program. POMA has procured a dredging license from the Department of Environmental Affairs and Development Planning which allows POMA to dredge during the period April to September each year.
When dredged, the channel will be cleared to at least 2.4m below Mean Sea Level, which is the original depth of the Marina
Cleaning
POMA has an independent contractor who regularly walks around the waterway edges and removes any debris that may collect. Dislodged stones from the stone embankment protection are also replaced.

SUGGESTIONS AND COMPLAINTS

Formal Complaints and Suggestions.
POMA encourages Berth-holders to place any complaints, queries or suggestions in writing and to hand them in at the Marina Office.
Written complaints and suggestions can also be handled via any one of the member bodies such as the Port Owen Property Owners Association, the Admiral Island & Pelican Bay Home Owners Association, The Port Owen Yacht Club, the local Municipality or the Timeshare Companies.
Written complaints and suggestions will be followed up by the Chairman, usually in writing, detailing action or decisions taken. The response time will be within 7 days after the next scheduled Board meeting.
POMA cannot guarantee any response to verbal complaints and suggestions.

STAFF
Please note the marina office is not manned 24-hours a day.
POMA has only three paid staff members, namely a Marina Manager, a Secretary and an Administration Officer.
POMA does not provide any formal First Aid, Fire Fighting or Rescue facilities but does have a voluntary emergency team to assist in any Emergency Procedures within the Marina, River or Sea. (Berth-holders must understand that the service is purely voluntary and they are not to rely on the system in any way whatsoever and POMA takes no responsibility for any actions taken by the voluntary team.)
The Marina Manager does have authority to act quickly in response to customers emergency situations and he is contactable at 083-2316953 at any time.

PEACEFUL ENJOYMENT
POMA requires that the Marina and surrounding areas are kept free from any disturbance that may be a nuisance to residents and berth-holders.
The Marina Manager is therefore empowered to act quickly and effectively against any person causing such a disturbance.
Berth-holders and/or their visitors who cause a nuisance may, in terms of the POMA Berthing & Waterways Regulations, be excluded from further use of the Marina.

COMMUNICATION
POMA undertakes to advise all Berth-holders of pertinent changes to the operation of the marina by the following means:
- Posting of 'Notice to Berth-holders' on the POMA Notice Board.
- Newsletters mailed direct to last known addresses of the Berth-holders.
- Liaison with a berth-holders association
Caveat - It is not always possible to notify berth-holders well in advance of sudden changes.

SAFETY
POMA carries out all work in such a way that it promotes and provides a safe and healthy environment. However the overall responsibility for Health and Safety in regard to the vessel and the operation thereof rests with the individual berth-holder.
All berth-holders must be aware that the Marina, waterways and river are used by large sea-going vessels, fast motor boats, sailing dinghies, canoes, paddle boats and swimmers. Therefore persons in charge of vessels must take the utmost care when piloting their vessels within the Marina and the river.
Swimmers using the Marina must keep to the designated swimming areas and must not interfere with moored vessels. Children under the age of 16 years must be under adult supervision at all times within the Marina area.
Berth-holders are encouraged to report to the Marina Manager any matters that they feel may compromise safety within the Marina.
Berth-holders must please understand that whilst POMA endeavors to provide customer satisfaction and a safe area to berth your vessel, the POMA Board (whose directors receive no remuneration for their time and services) meets only once a month. Reaction to issues raised by berth-holders may sometimes therefore take longer than expected.

As noted in the preamble, POMA is an organization which is run "by the people for the people" and POMA tries its best to offer an acceptable standard of service whilst keeping the costs as low as possible.

Berth-holders must appreciate that POMA also has a responsibility towards the residents and private jetty owners living within the Marina and their requirements may sometimes be in conflict with those of Berth-holders.

SUPPORTING DOCUMENTS

This Marina Charter is supported by the latest revisions of the following POMA documents:-

Berthing and Waterway Regulations

Berthing Agreement Form

Private Jetty Agreement and Regulations

Berth Allocation Guidelines

Municipal Lease Agreement *

Articles of Association and Memorandum of Association *

*These documents may be viewed by members at POMA's offices on Monday and Thursday mornings