Isle of Anglesey County Council Moorings & Visitor Berthing Management Policy (2016/17)
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Isle of Anglesey County Council Moorings & Visitor Berthing Management Policy (2016/17) 1 | P a g e Contents 1. Introduction Page 3 2. Objectives of the Mooring Policy Page 3-4 3. Mooring and Berthing Sites Page 4-5 4. Mooring Management & Allocation Page 6-7 5. Mooring Waiting List Protocol Page 7 6. Visitor Berthing Management & Allocation Page 7-8 7. Risk, Liability, Insurance & Recommendations Page 8 8. Code of Practice Page 8-10 9. Monitoring and Review of Policy Page 10 10.Contact Details Page 11 Annexes A. Summary of Mooring Sites B. Mooring Allocation Protocol C. Terms and Conditions for Mooring Users D. Mooring Waiting List Procedure 2 | P a g e 1) Introduction This policy outlines the Isle of Anglesey County Council’s (IACC) approach to the management of moorings and berthing of vessels around the coastline of Anglesey. The IACC’s Maritime Function manages approximately 450 moorings along the south east and eastern coastline of Anglesey; as well as berthing facilities at Amlwch Port, St George’s Pier in Menai Bridge and Beaumaris Pier. These moorings and berthing facilities are provided on a discretionary basis by the IACC (as the Harbour/ Port Authority for Amlwch Port, Menai Bridge and Beaumaris). The policy is primarily an operational/ management tool to ensure all facilities are used appropriately by new and existing maritime users (both commercial and leisure) and that there is common understanding of all issues, constraints and obligations. This document is supplementary to the Isle of Anglesey County Council’s Maritime Legislations: 1. Harbour Act 1964 – construction, improvement, maintenance and management of harbours 2. Anglesey Marine Terminal Act 1972 (Amlwch Port) – development of Shell facilities at Amlwch 3. Amlwch Harbour revision Order 1981 – Amendments to byelaws 4. Menai Bridge Urban District Act 1902 – Construction and operation of St George’s Pier (passes to IACC in1972) 5. Beaumaris Navigation Authority Order – Establishment of navigation authority (passes to IACC in 1972) 6. Port Marine Safety Code – Safety of marine operations in all waters and approaches managed by a harbour authority Please note that the policy shall not interfere with the Maritime Function’s ability to allocate, regulate or manage in a safe manner the number, location, size and type of mooring or berths being used/ provided at any time. 2) Objectives of the Mooring and Berthing Policy The objectives of the policy are to: a) Ensure a consistent, fair, transparent and equitable approach to the management, administration and allocation of the IACC’s moorings and visitor berthing facilities. b) Outline how all moorings and berthing facilities should be used responsibly in a safe and considerate manner. c) Clearly define robust criteria for the management and use of moorings and visitor berthing facilities to maintain the popularity of the island’s coastline for water based commercial, recreation and leisure activities. d) Encourage compliance with all relevant legislation and IACC guidelines, regulations and/ or bye laws. e) Provide a general overview of the responsibilities and obligations of mooring holders, and outline some of the key terms and conditions upon which moorings will be allocated. 3 | P a g e f) The mooring policy will be principally administered by Isle of Anglesey County Council’s Maritime Function. A copy of the policy will be available on the Isle of Anglesey County Council’s website under Leisure. All applicants, potential applicants, members of the public and other interested persons or bodies can access the document. 3) Mooring and Berthing Sites A mooring refers to any permanent structure / equipment to which a vessel may be secured. Currently, the Maritime Function manages approximately 450 moorings at six different sites on the Island. The type of moorings available at our sites varies from swinging mooring, fully floating, tidal mooring and drying out. For a summary of each site please see Annex A. A berth is a designated location in a port or harbour used for mooring vessels when they are not at sea. Most berths are alongside a quay or a jetty (large ports) or a floating dock (small harbours and marinas). Please see map below of the sites the Maritime Function is responsible for. Currently the Maritime Function is responsible for six mooring locations on the Island. The locations are: 1. Amlwch Port 2. Red Wharf Bay 3. Ffryars Bay 4. Beaumaris Pier 5. Glyn Garth 6. Menai Bridge 4 | P a g e 5 | P a g e 4) Mooring Management and Allocation Mooring Allocation For the official copy of the Mooring Allocation Protocol, please see Annex B. A successful applicant will need to comply with the Isle of Anglesey County Council’s Terms and Conditions for Mooring Users (Annex C) Duration of Mooring Agreements A maximum of 12 months commencing on the 1st of April and expiring on the 31st March of the following year. However, vacancies that arise after 1st April will be filled from the relevant waiting lists and run from the acceptance date up to the 31st March. Mooring Charges Mooring fees are determined by the length of each vessel. No vessel shall be placed on a mooring of a different size than applied for. All matters related to the application of charges for moorings, registration and other facilities can be found in the current Fees and Charges which can be found on the County Council’s website www.anglesey.gov.uk.If a mooring holder has not paid the required mooring fee in full by the 31st of May, then as of the 1st of June that mooring facility will be reallocated to the next appropriate applicant on the waiting list at the Maritime Function discretion. If a mooring holder does not put a vessel on the allocated mooring facility by the 31st May then as of 1st June the mooring will be reallocated to the next appropriate applicant on the waiting list at the Maritime Function discretion. Renewal of Allocated Mooring The Council will send each existing mooring holder an application form and invoice requesting a Mooring Form Agreement fee before the start of each season. If the mooring holder returns the form indicating that he/she does not wish to renew the Mooring Form Agreement, it will be allocated to the next person on the appropriate waiting list and the Council will send an application form and invoice as above. The Council will, upon receipt of payment, allocate a mooring to the applicant in a location within the specific arear applied for, the exact location is determined at the discretion of the Maritime Function. An existing mooring holder who wishes to relocate will need to make an application but will be given a priority on the waiting list if suitable. This will make the vacated spaces available to the next suitable vessel on the waiting list. Vessel Identification The name or number of each craft must be displayed either on the bow or stern or on a name board or (where carried) on a lifebuoy which must itself be in a conspicuous position. A valid mooring permit sticker (provided by the IACC) must be displayed on the vessel at all times. 6 | P a g e Change of Vessel In the event of the mooring holder selling or otherwise disposing of the vessel authorised to use the mooring, the parties to the change shall ensure that immediate written notification is given to the Maritime Function. When an existing owner wishes to change their vessel then a new application must be made for the intended new vessel. However, if the applicant is a long term mooring holder, this application would be approved if the vessel suits the existing mooring allocated. Inheritance Where a member of a family wishes to continue using the named vessel on the allocated mooring after the death or incapacity of the existing holder, he / she must gain written consent from the Council to do so. Cancellation of Mooring Form Agreement The mooring holder can cancel the Mooring Form Agreement by giving 14 days of notice in writing to the Council. However, the fee and or deposit already paid shall be retained by the Council. The Council can cancel the Mooring Form Agreement at any time by giving 1 month notice in writing to the mooring holder’s last known address. A mooring may be cancelled for a number of reasons and these may include but are not limited to; bad debt, failure to comply with the regulations and abuse towards the Maritime staff. 5) Mooring Waiting List Protocol A mooring can only be offered and allocated to the person whose name is next on the appropriate waiting list for a specific area on a first come first served basis. A registration fee of £10 is required to join the waiting list and is not refundable or transferable to a third party but will be credited to the mooring charges should a mooring be allocated. The waiting list entry will be dated the same day the deposit is received. Moorings, once allocated, are not transferable to a third party without the Council’s prior written consent. Where consent is granted, a mooring transfer fee will be charged by the Council. Please see Annex D for the full Mooring Waiting List Procedure for the Isle of Anglesey County Council. 6) Visitor Berthing Management and Allocation Isle of Anglesey County Council’s Authority administers the licensing of berths within Amlwch, Holyhead Fishdock, Menai Bridge and Beaumaris port. Anglesey is a very popular place for leisure boaters to keep their craft. The demand for a berth in Amlwch Port is very high and there is currently a waiting list at this site.