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.