Syc Marina Map 18 Code of Conduct 19 Syc Indemnity 20 Marina By-Laws

Welcome to Southport YachtClub Gold Coast - Australia

southportyachtclub.com.au 07 5591 3500 contents

3 southport Yacht Club 4 marina Services 5 local Services 7 useful Telephone Numbers 8 marina Tradesman 10 marina Questionnaire 12 Bosuns Locker 13 marina Berth Rates 14 anchorage Details 15 location Map 16 anchorage Map 17 sYC Marina Map 18 code of Conduct 19 sYC Indemnity 20 marina By-Laws

Southport Yacht Club Inc. Clubhouse 1 Macarthur Parade, Main Beach P: +61 7 5591 3500 / F: +61 7 5532 7507 Gold Coast, Queensland, Australia 4217 E: [email protected] W: www.southportyachtclub.com.au Marina Office - VHF 74 Weekdays: 0800 - 1700 ART/PRODUCTION: Saturday and Sunday: 0800 - 1600 Bronwen Ince, Marketing Manager P: +61 75591 8577 / F: +61 7 5591 3526 Southport Yacht Club E: [email protected] E: [email protected]

2 welcome

Welcome to Southport Yacht Club.

Whether you are a new berth holder, first time visitor or an old friend, we have pleasure in welcoming you to the Southport Yacht Club.

Designed around the needs of the boating fraternity, Southport Yacht Club’s floating marina with berths available from the smallest vessel up to 72 meters, offering services unparalleled in other Australian marinas. From slipway services, chandlery, boat sales, engineering facilities and restaurants on site through to cinemas, shopping centres and theme parks all within close proximity.

Set in a location, of outstanding beauty and world famous beaches, the area is abundant with wildlife.

From Southport to Brisbane, the sheltered and safe waterways make an ideal cruising ground for both experienced and less experienced sailors.

Southport Yacht Club’s marina, nestled at the southern end of the Gold Coast Broadwater, enjoys a unique atmosphere of absolute peace and tranquility, and yet the excitement and high life of Australia’s premier tourist region is within just a short walk. For over 65 years, Southport Yacht Club has fulfilled the various needs of recreational mariners from around the world. Regarded as one of Queensland’s most modern marina facilities, Southport Yacht Club is staffed with experienced teams to look after your every wish - just about anything the novice or seasoned expert may need for the boat, entertainment for family and friends or for corporate functions.

If you have any queries, or need assistance, please do not hesitate to contact a member of staff - either at the Clubhouse or the Marina Office.

We hope you enjoy your stay.

3 24 hour fuel SYC Services

OFFICE / CLUBHOUSE - 07 5591 3500 Southport Yacht Club’s Main Office is open from 9.00am to 5.00pm Monday to Friday.

SAILING ACADEMY - 07 5537 7030 Southport Yacht Club’s Sailing Squadron operates a nationally accredited AYF Sail Training Academy at Hollywell on the Gold Coast’s north shore. Introductory courses run year round. Located on the Broadwater, Hollywell is available to the public and corporate groups. Barbeque and Bar facilities can be made available.

ISLAND RETREAT - 07 5577 5829 Located north of Tipplers on South Stradbroke Island, Southport Yacht Club Gold Members and their guests are able to relax and enjoy the private and exclusive picnic and camping facility at Dux Anchorage.

RECIPROCAL CLUBS Southport Yacht Club is reciprocal with the majority of other Yacht Clubs. A full list is available at the Marina office and the SYC website: www.southportyachtclub.com.au

FUEL WHARF - OPEN 24 HOURS Located adjacent to the Marina Office. Diesel, Premium and Unleaded fuel is available 24 hours a day, 7 days a week. Ropes and Fendering fitted to the wharf. Boats up to SuperYachts. Bunkering Available. Once refuelled, please do not remain on the fuel wharf, but return to your berth to reduce congestion.

HARDSTAND The hardstand area is fully equipped with a 35 tonne travel lift. There is also a resident shipwright service available. Bookings made through the Marina Office on +61 7 5591 8577.

CHANDLERY / BROKERAGE An extensive range of chandlery as well as LP Gas, oils, tide tables and fishing gear are available from Bosun’s Locker located adjacent to the Marina Office. Open seven days a week, the experienced staff will answer all your enquiries on +61 7 5591 1911 or visit www.bosuns.com.au

LAUNDRY Coin operated Washing and Drying machines are located on the western side of the Clubhouse. Please do not hang wet clothes on your boat as this is not permitted on our marina. 4 SYC services

MAIN BEACH CLUBHOUSE FUNCTIONS Southport Yacht Club offers exceptional function facilities to cater for any occasion. Our professional function staff can tailor a package to suit all your requirements.

MAIN BEACH CLUBHOUSE RESTAURANT The award winning Waterfront Restaurant is known for outstanding variety of fresh seafood, tropical fruits and the best locally-grown vegetables, in a region blessed with great ingredients for world-class cuisine. Enjoy our delicious menu seven days a week for lunch and dinner, and breakfast on Sunday’s.

MAIN BAR Open seven days from 10am ‘til late with live entertainment Friday night & Sunday afternoons.

CELLAR Open seven days, Southport Yacht Club’s Cellar has a vast array of wines available to complement our seasonal Waterfront Restaurant menu.

BOUTIQUE SYC boutique stocks a wide variety of official Southport Yacht Club merchandise.

REFUSE SKIPS Rubbish Skips are located adjacent to the main car park entrance on Macarthur Parade, inside the green fenced area. For recycling and oily water disposal refer to Marina Map (page 8) for details.

INTERNET Myport wireless network is available at Southport Yacht Club. For more information P: 1300 733 629 W: www.myport.com.au

AUSTRALIAN BOATING COLLEGE For watercraft licenses the Australian Boating College is located on the eastern side of the Southport Yacht Club boat ramp. Please direct all enquiries to +61 7 5527 2766.

PROVISIONS Ice is available from the Clubhouse Main Bar and the Bosun’s Locker Chandlery. Grocery items, fresh fruit and vegetables are available from Australia Fair Shopping Centre Southport.

5 local services convenience store Located on the Corner of Main Beach Parade and Stafford Avenue.

BANKING An ATM is located in the Main Beach Clubhouse. Other ATM’s are located at Marina Mirage and on Tedder Avenue, Main Beach.

POSTAL SERVICES The nearest Post Office is at Marina Mirage, Seaworld Drive, Main Beach.

EXTEND YOUR STAY To extend your stay please notify the Marina Office as soon as possible as we may not be able to guarantee the same berth. Check in at 10am, Check out at 10am.

SECURITY We have security officers patrolling the marina and 24 hour surveillance cameras to protect the Club and berth holders property, however, individuals are responsible for the security of their own vessel and property.

MARK it, LOCK it, ALARM it! Please adopt the following guidelines:

• Ensure your car is locked and any loose items are stowed out of sight. • Keep craft locked when unattended and stow all gear below decks. • All removable items of boat equipment — dinghies, outboards, oars, covers, etc should be permanently marked with the name of the parent craft. • Outboard motors are particularly vulnerable to theft. Please ensure they are well secured if left on the transom.

ACCESS KEYS Access to the Marina is via security gates. Proximity cards can be obtained from the Marina Office upon payment of deposit. Credit card deposits for marina access cards will be processed on departure if cards are not returned.

6 anchorage details

APPROACH Use chart: The Broadwater Anchorage Map on page 7 (courtesy of MSQ GIS Maritime Database 2008). Approach from the south, east or north is clear of offshore dangers except those close aboard the land immediately south-east of Point Danger. From all directions, the mass of high-rise buildings clustered in the Surfers Paradise area will be seen from at least 20 miles. A second smaller cluster of high-rise buildings is situated to the north, north-west of the Gold Coast Seaway. They provide valuable reference to the latter.

GOLD COAST SEAWAY (VHF Channel 73 and 27.91 MHz)

A guide for depths and navigational aids is shown on page 7. The entrance can be dangerous in rough weather. Generally speaking, a flood tide calms the entrance enough that it can be used in most conditions. Enter against an ebb tide only in light weather. Having entered the Gold Coast Seaway, dredged channels branch north and south offering minimum depths of around 4.5 metres, low water springs. Turn south for Main Beach and Southport Yacht Club marina.

NAVIGATION There are two sets of leading beacons and four (4) lateral marks, which assist navigation when making entry into the Southport Broadwater via the seaway. The Centre Line Leads (255°T) are marked by two beacons aligned for passage through the centre of the seaway. The front lead beacon, Iso Bu 4s, is a directional light and is at its brightest when the leads are in line. It is positioned on a five metre solid white tower located on the foreshore of Wavebreak Island. The rear lead beacon, F Bu (Dir FY day), is a tall white pole constructed on the mainland at Labrador. This rear lead exhibits a yellow directional sodium fixed light by day and is visible well before the front leading mark is observed.

The Bar Clearance Leads (291°T) are marked by two lighted structures aligned for passage into the seaway from the southwest. A solid white beacon GS1 (FI G 4s) located on the eastern extremity of the north breakwater indicates the front lead, while the rear lead (Oc 5s) is positioned on the tallest of a group of four prominent buildings, situated on the mainland at Bayview Harbour. The Bar Clearance Leads (291°T) have no lights showing by day but can be clearly seen at some distance.

Within the Broadwater all buoys and beacons are lit for night navigation and are placed red to port and green to starboard when approaching the Southport Boat Harbour from the entrance. Confusion is not uncommon even in daylight, so cautious progress is suggested until orientated. 7 useful directory

ALL Emergency services BOATING SERVICES (Ambulance, Fire and Police) 000 WATER POLICE +61 7 5591 1066 AMBULANCE (000) COASTGUARD NON-URGENT BOOKINGS +61 7 5531 1421 24 HOURS - 13 1233 SOUTHPORT - +61 7 5532 0377 VOLUNTEER MARINE RESCUE +61 7 5532 3417 FIRE BRIGADE (000) BOATING WEATHER SOUTHPORT - +61 7 5583 7513 1900 926 115 POLICE (000) SEAWAY TOWER SOUTHPORT - +61 7 5571 4222 +61 7 5591 2900 SURFERS PARADISE - +61 7 5570 7888 AUSTRALIAN CUSTOMS SERVICE BROADBEACH - +61 7 5581 2800 1800 061 800 SOUTHPORT YACHT CLUB QUARANTINE RECEPTION / ADMINISTRATION +61 7 3865 9706 +61 7 5591 3500 marine safety queensland +61 7 5539 7300 MARINA +61 7 5591 8577 DEParTment OF ENVIRONMENT +61 7 3227 6422 HOSPITALS BOSUN’S LOCKER CHANDLERY GOLD COAST PUBLIC +61 7 55911 911 +61 7 5571 8211 AUSTRALIAN BOATING COLLEGE ALLAMANDA PRIVATE +61 7 5527 2766 +61 7 559I 9400 TRANSPORT PINDARA PRIVATE TRANSINFO PUBLIC TRANSPORT - 13 12 30 +61 7 5588 9000 REGENT TAXIS - 131 008 QANTAS FLIGHT INFO - 13 13 13 POISONS INFORMATION CEnTRE VIRGIN BLUE FLIGHT INFO - 13 67 89 24 HOURS - 131 126 CON-X-ION COACHES - +61 7 5556 9888 AEROBUS – 1300 664 700 8 marina tradesman

AIRPORT TRANSFERS BOAT LICENCES Aerobus 1300 664 700 A B c 0413 779 225 Con X Ion Coaches 5556 9888 Taxi 131 008 CHANDLERY Limo 1800 357 800 Bosuns (onsite) 5591 1911

AIRCONDITIONING COMPLETE VESSEL MANAGEMENT Rod Twitchin Marine 0412 641 614 ANTIFOULING SYC Hardstand (onsite) 5591 8577 COMPLETE VESSEL REPAIR Smik As Marine 0414 731 031 BATTERIES Super Start Batteries 0422 209 796 DIESEL MECHANIC Tech Marine - Daniel 0421 355 766 Mainstream Marine 5546 2280 Winner Electrical 0403 655 625 Cummins South Pacific 3710 4772 All River Batteries 1300 255 748 MTU Detroit Diesel Australia

BOAT DETAILERS DIVERS Harbour Force 0410 583 355 Dermody Diving and Marine 0414 848 755 Sea Spray Dulon 0420 697 903 Jacob Restall Diving 0403 434 683 R Marine Crawley 0421 054 182 True North - Mark Jeynes 0412 827 458 Marine Clean 0404 491 747 ELECTRONIC EQUIPMENT REPAIRS Drift Boat Management 0434 624 657 Tech Marine - Daniel 0421 355 766 R Marine Jones 5502 9544 Aquamare Marine 0403 245 067

BOAT REPAIRS ENGINEERS SYC Hardstand 55 918 577 Marine Synergy 0415 865 585 Boat Maintenance Gold Coast 0407 376 423 Aqaumare Marine 0403 245 067 Mobile Marine Spraypainting 0400 660 925 Cummins South Pacific 3710 4772 Aqaumare Marine 0403 245 067 Brisbane Marine 3889 3033 Dynamic Marine 0450 634 271 Seatech Marine 5580 1883 Smik As Marine 0414 731 031

Southport Yacht Club is not liable for any of the contractors listed above. 9 marina tradesman

FENDERING RIGGING Pro Fender 0411 872 000 S&H Spars 0408 768 518

GAS SKIPPERS Gas Installations 0419 023 600 STEERING and ENGINE CONTROLS MECHANICAL Marine Control Systems 5537 6099 Pro Power Marine 0416 110 447 Aquamare Marine 0403 245 067 Mobile Inboard, Outboard Repairs & Services 0416 110 447 SHIPWRIGHTS Cummins South Pacific 3710 4772 Michael Stephenson (Onsite) 0402 879 365 Brisbane Marine 3889 3033 All Marine Solutions 5665 8166 MTU Detroit Diesel 3877 6060 SURVEYORS MARINE ELECTRICIANS Electrical Marine 0458 450 588 THRUSTERS Tech Marine - Daniel 0439 896 962 Winner Electrical 0403 655 625 Winner Elecrtical 0403 655 625 Seatech Marine 5580 1883 Aquamare Marine 0403 245 067 Edge Marine and Auto Electrical 0419 687 133 TOWING VMR 5532 3417 PLUMBING S & C Plumbing 0433 359 755 UPHOLSTERY Advance Marine 5665 7886 REFRIGERATION Sea Breeze Industries 5546 2804 VARNISHING Mobile Marine Spraypainting 0400 660 925

Southport Yacht Club is not liable for any of the contractors listed above. 10 marina questionnaire

On behalf of Southport Yacht Club we would like to thank you for staying at our Marina. Southport Yacht Club would like to make sure that you have enjoyed your stay with us and that the service we provide was to the high standard that you deserve.

We would be grateful if you could fill out the attached questionnaire and return to the Marina Office or the key boxes at the exit of any of our gates. Please be advised the Questionnaire is confidential.

If you have any queries please do not hesitate to contact any of the Marina staff:

+ 61 7 5591 8577 or via [email protected]

Kind Regards

Mark Riddell Waterfront Manager

Please turn over for the questionnaire...

11 marina questionnaire

Owner / Captain

Vessel Name

Vessel Length

Date/s of Stay

Type of Vessel: Yacht / multihull / Game Fishing / Commercial motor/Sail motor/Sail / Super Yacht / Other

Home Port of Vessel?

How did you hear about Southport Yacht Club? Internet / Magazine / Newspaper Word of Mouth / Other Would you consider Staying as a permanent? Yes / No

How do you rate our services? excellent / Above Satisfactory / Average Poor / Below Poor How do you rate helpfulness of staff. Comments…

How do you rate the Check-in procedure? Comments…

Did you receive enough information about SYC and the local area? Comments…

12 13 14 Location Map

15 anchorage Map

16 SYC MARINA Map 19 18 b o b o This map is an indication only and subject to change. only and is an indication This map PAINT SHED PAINT GAS FLAMMABLE LIQUID FLAMMABLE ENVIRONMENTAL ENCLOSURE ENVIRONMENTAL OIL & BATTERY RECYCLE OIL & BATTERY CABINET CONTROL POLLUTION INDUSTRIAL BINS WATER OILY WASTE RECYCLE WASTE ps ENVIRONMENTAL ENVIRONMENTAL MANAGEMENT fe 13 fe fe fe ps 60 56 55 54 53 52 51 50 haz 59 49 48 47 46 45 44 43 42 41 40 39 AUSTRALIAN BOATING COLLEGE 44 43 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 21 20 42 41

9 8 7 6 5 4 3 2 1 19 18 17 16 15 14 13 12 11 10 Restaurant

40 Waterfront Waterfront 39 19 17 9 8 7 6 5 4 3 2 1 16 15 14 13 12 11 10 18 hef 1 2 2 2 1 1 2 1 3 4 3 4 3 4 3 4 5 6 6 5 5 6 5 7 6 8 7 8 7 8 7 9 10 9 10 8 9 11 9 12 10 12 10 11 14 11 12 13 11 14 15 16 13 12 14 16 13 13 18 15 17 18 15 15 16 14 20 19 17 18 20 22 17 17 19 21 16 22 19 24 23 20 19 21 26 24 22 21 23 25 18 21 26 Refuse Skips 28 23 27 24 25 D C B A 30 20 28 23 27 29 25 32 26 31 27 30 25 29 34 28 22 33 31 27 32 29 36 30 35 38 24 33 34 32 29 31 37 35 40 36 33 39 31 34 42 37 26 38 33 36 35 41 44 39 40 37 28 43 46 38 35 42 41 48 45 39 30 43 37 40 44 50 47 41 46 32 45 52 49 43 39 42 47 48 54 51 34 45 50 53 49 36 47 55 52 49 38 57 54 59 56 40 51 hef

48 50

SY3 SY2 SY4 SY1 SY5 FIRE HOSE REEL & EXTINGUISHER FIRE EXTINGUISHER HYDRANT VALVE FIRE HYDRANT BOOSTER EMERGENCY EQUIPMENT PORTABLE PUMP SULLAGE FIRE CART FOAM HIGH EXPANSION EMERGENCY INFORMATION HAZMAT

N SUPERYACHT BERTHS s LEGEND fe hef haz 17 code of conduct

• Entry into and occupancy of this marina is in accordance with the provisions of Southport Yacht Club Marina Berth/ Swing Mooring Agreement and Indemnity signed by each occupant and the Marina By-Laws which are available from the Marina Office. • All persons visiting this marina do so at their own risk. • All rental payments are strictly in advance. • All vessels must have full comprehensive insurance and public liability of $10,000,000. • Major repairs and/or refits are prohibited within the marina. eldingW and spray painting are strictly prohibited. • Vessels must be moored securely and vessel tenders, equipment or supplies should not cause obstruction to marina walkways. Vessel tenders are to be moored securely onboard vessels at all times or in designated area. Marina trolleys are to be returned immediately after use. • Dinghies are only to be moored in the area between F and G Marina arms and a dinghy hitching rail is located at Pelican Beach of the Jack Gordon Park in the southern western corner of the main Marina. All dinghies are required to have a valid permit clearly displayed on the vessel. Dinghy mooring is not permitted on the fuel or visitors wharfs. Tenders must be clearly marked with the vessels name. • Swimming, diving and fishing within the Marina is prohibited. efuseR is to be disposed of in the refuse skips provided. Under no circumstances are construction materials and batteries etc… to be placed in these skips. Waste, oil, oily water and battery recycling facilities are available in the Hardstand. • Animals are prohibited on the Marina or on vessels moored in the Marina. • Radios, engines and other apparatus must be operated in a manner which will not annoy or inconvenience others. Please check your boat does not encroach over the walkways and ensure all loose rigging is secured. • It is the responsibility of owners to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavourably on the appearance standards of the Marina facility. No part of the Marina is to be used for the storage of dinghies, bicycles and similar and these shall not be ridden on any walkway or pier. • The Southport Yacht Club’s Environmental Policy must be adhered to at all times. Permits are required for motor vehicle parking (one per Southport Yacht Club Member only) and dinghy mooring. Permits are available from the Marina Office free of charge and are to be clearly displayed. • Live-a-board rates apply to vessels where tenants live-a-board their vessels four nights per week or more. • Long term residents (over one month) must be Gold Members of Southport Yacht Club. All tenants must use toilets and showers ashore. •Help keep our Marina safe. Please do not wrap extension chords or hoses around your pedestal. Always use your correct berth allocation number when connecting to mains power and arrange ropes and hoses in an orderly manner. Southport Yacht Club Marina staff have the right to disconnect power chords that are potentially dangerous/hazardous ie: across walkways, submerged in water, wrapped around pedestals or damaged in any form. • Refer to complete By-Laws available from Marina Office for further information. 18 syc marina berth/swing mooring agreement & indemnity

THIS AGREEMENT is made between SOUTHPORT YACHT CLUB INCORPORATED of Macarthur Parade, Main Beach in the State of Queensland (hereinafter referred to as “the Club”) and the person or corporation named in the Schedule on the face hereof as the Customer (hereinafter referred to as “the Customer”). WHEREAS: a.The Club conducts the Marina to allow boats to be kept at a berth within the Marina upon and subject to certain conditions and restrictions. B.The Club has agreed under this Agreement to permit the Customer to moor at the Berth the Vessel for the Term upon the following terms and conditions and with the restrictions and at the rate of rental set out in the Schedule; THE PARTIES AGREE AS FOLLOWS: 1. Definitions - In this Agreement, unless the context requires otherwise: (a) “Berth” means the Berth and / or Swing Mooring specified in the Schedule hereto; (b) “Facilities” means the facilities within the Marina supplied by the Club and including the Club’s ablutions, garbage disposal, rubbish collection and recycling facilities, car parking, short and long term dinghy storage (both in and out of the water) and, if required, the walkways giving access to the Berth; (c) “GST” means any tax, impost or duty, including any goods and services, consumption, value added or similar tax applying on goods, services or other things imposed by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“the GST ACT”) and associated legislation (as amended), or under legislation passed by a State or Territory Parliament which is charged or levied on goods, services or other things. (d) “Marina” means the business of providing berths and swing moorings for mooring of boats within the Southport Boat Harbour adjoining the Club’s premises at Macarthur Parade, Main Beach, Queensland; (e) “Term” means the period specified in the Schedule hereto; (f) “Vessel” means the vessel identified in the Schedule hereto; (g) “Live Aboard” means a vessel being lived aboard for four or more nights per week. 2. Use - (a) The Customer shall for the Term be entitled to the use of the Berth for the mooring of the Vessel and to the reasonable use, in common with others, of the Facilities AND in consideration thereof, the Customer shall pay to the Club rent at the rate set out in the Schedule.The Customer will remain liable to pay rent up to and including the day upon which he delivers up possession of the Berth to the Club. (b) On signing this Agreement, the Customer must pay to the Club or its agent, as security for payment of rent and performance of the Customer’s obligations under this Agreement, a sum equal to the Security Deposit stated in the Schedule on the face hereof.The Club may apply the same or any part in making good any default by the Customer and shall repay the unexpended balance to the Customer on his vacating the Berth at the termination of this Agreement. (c) On payment of the refundable access card deposit and whilst the Agreement remains in effect and the Customer is not in default, the Customer and his invitees may make reasonable use of Facilities whether or not the Customer is a member of the Club. 3. By-Laws - The Customer agrees to be bound by and observe all provisions of the Transport Infrastructure Act 1994, the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 and the Club’s Constitution and By-Laws from time to time applicable to the use of the Marina and the Berth and any and all of the relevant By-Laws of the Club, whether or not the Customer is a member of the Club, as if the Customer were such a member.The Customer acknowledges that he has been provided with an opportunity to peruse a copy of the Club’s Constitution and By-Laws and publication of the Club’s Constitution and By-Laws on the Club’s Notice Board will be sufficient notice thereof to the Customer. 4. Insurance - The Customer agrees to effect, either prior to or within 24 hours of securing the Vessel in the Berth, and maintain at the cost and expense of the Customer for the whole of the time during which the Vessel is moored in the Berth, adequate insurance for the Vessel, its contents and fittings at full insurable value with a reputable and substantial insurer approved by the Club and to the satisfaction of the Club and produce to the Club or its agent the insurance policy and a certificate of currency when reasonably requested by the Club or its agent to do so. Such insurance shall include public liability and removal of wreck.The Customer acknowledges that neither the Club nor its employees, agents or contractors will be liable for any loss or damage howsoever occurring to the Vessel, its contents, or fittings, all of which shall be at the Customer’s sole risk. 5. Marketing/Brokerage - The Customer acknowledges and agrees as follows: (a) The Vessel shall not be advertised for sale or offered for sale at the Marina; (b) Marine brokers, other than the broker approved by the Club, are not permitted on the Marinas; (c) Vessels stored in the Marina must not be used for any commercial enterprise, in any case, without the prior written approval of the Club. 6. Assignment - This Agreement and the rights conferred upon the Customer hereunder are personal to the Customer and are not capable of assignment by the Customer. 7. Repairs and Maintenance - The Customer acknowledges major repairs and/or refits of Vessels in the Marina are prohibited and no outside contractor or service organisation or individual is permitted to work on any Vessel in the Marina without the prior written approval of the Club. 8. Exclusion of Representations - Neither the Club nor its agent provide any warranty and make no representations as to the sufficiency, safety or adequacy of the Facilities or any of the services provided by the Club for use at the Marina and no such warranty or representations are to be implied from anything said or written in the negotiations between the parties or their representatives prior to entering into this Agreement.The Customer acknowledges that he uses the same in their condition, state of repair and adequacy from time to time and at his own risk in every respect. 9. Indemnity - (a) The Customer whether or not he is the owner of the Vessel indemnifies and agrees to indemnify and keep indemnified the Club, or its agent, employees and contractors against any and all claims, demands, actions and proceedings whatsoever and howsoever arising directly or indirectly by, through or in connection with the mooring, launching, occupation or moving of the Vessel or the use by the Customer or his invitees or licensees of any of the facilities of the Club or the Marina and also from any and every loss, damage, cost, expense or claim arising out of injury (fatal or non fatal) to person or property (including the Vessel) or liability whatsoever and howsoever arising and suffered either by the Club, its agents, employees and contractors or the Customer as the case may be or any of the Club’s, its agent or the Customer’s crew, guests, visitors, invitees or licensees or any of them or any other person or persons whatsoever by, through or in connection with the mooring, launching, occupation or moving of the Vessel. (b) Should the Club or its agent suffer or incur or become liable for or should demand be made on the Club or its agent for any loss, damage, costs, expenses or liability whatsoever by reason of any act or omission on the part of the Customer or any person for whose actions the Customer is vicariously liable then the Club or its agent, as the case may be, shall have a lien upon the Vessel and its equipment and contents as security for performance of the Customer’s obligations under sub-clause (a) of this clause and may detain the Vessel until the Customer’s obligations have been satisfied in full or the Customer has offered reasonably acceptable substitute security. (c) Neither the Club nor its agent, employees and contractors will be liable in negligence or otherwise for any injury, loss or damage sustained or suffered by the Customer or any invitees, licensee or guest of the Customer in or about or while crossing over or going through any other property for the purpose of gaining access to the Vessel or the Marina and the Customer indemnifies and agrees to indemnify and to keep indemnified the Club, its agent, employees and contractors from claims arising from such injuries, loss or damage. 10. Entire Agreement - This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and contains all of the representations, warranties, covenants and agreements of such parties.This Agreement supersedes all prior negotiations, contracts, arrangements, understandings and agreements with respect to such subject matter.There are no representations, undertakings, covenants or agreements between the parties express or implied, except as are herein contained. 11.Waiver - No waiver of any provision of this Agreement or consent to any departure therefrom by either of the parties shall be effective unless the same shall be in writing. 12. Joint and Several Liability - Unless otherwise expressly provided, all covenants and agreements on the part of two or more persons who comprise a single party shall be deemed to bind each of them severally and any two or more of them jointly. 13. Costs of Agreement - The Customer shall pay all costs, charges and expenses of and incidental to the negotiations for the preparation and stamping of this Agreement and all stamp duty (if any) hereon and all costs, charges and expenses reasonably incurred by the Club to protect or safeguard or enforce the rights, powers and remedies conferred upon the Club by this Agreement. 14. Notices - (a) Any notice, communication or other document authorised or required to be given or served pursuant to this Agreement (“a Notice”) shall be either: (i) personally served on the party or an officer of the party to whom it is given; (ii) mailed to the party by prepaid post; or (iii) sent to the party by facsimile or other electronic transmission. (b)The address for service of a Notice on the Club is its address stated in this Agreement and on the Customer shall be such address as may from time to time be notified in writing by the Customer to the Club and unless so notified shall be the address specified in the Schedule hereto. 15. Applicable Law - The interpretation and construction of this Agreement shall be governed and determined in accordance with the laws of the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the Courts of that State. 16.Termination - (a)This Agreement may be terminated by the Club by written Notice of Termination to the Customer in the following circumstances: (i) If the Customer is in arrears in the payment of any money payable pursuant to this Agreement; (ii) If the Customer is in breach of any of the terms and conditions of this Agreement. (b) Upon giving Notice of Termination the Club may forthwith or at any time thereafter enter upon the Berth to remove the Vessel from the Berth and to move or otherwise moor it in a safe place as determined by the Club PROVIDED ALWAYS that the cost of such removal and/or mooring plus all money then owing under this Agreement shall be paid by the Customer before delivery of the Vessel by the Club to the Customer.The Club shall not be responsible or liable at the suit of the Customer for any damage which results from any such movement or removal or mooring of the Vessel. (c) Unless otherwise agreed by the parties in writing, this Agreement shall terminate on the expiry date referred to in the Schedule on the face hereof and the Customer delivering up possession of the Berth to the Club. 17. Sub Rental - Notwithstanding anything elsewhere herein contained or implied the Customer may if he so desires from time to time appoint the Club to find a person (acceptable in every respect to the Club) to use the Berth for the purpose of mooring a boat other than the Vessel and the Club may at its sole discretion accept such appointment. 18. Uncollected Goods - The Club hereby gives notice to the Customer that vessels accepted by the Club for mooring within the Marinas are subject to the Disposal of Uncollected Goods Act 1965 (as amended) which confers upon the Club a right of sale exercisable in certain circumstances after an interval of not less than six months from the date on which such vessels are ready for re-delivery to the Customer, such date being that upon which the Club gives the Customer written notice to remove the vessel from the Marinas. 19. Environment - The Customer shall not do or direct or permit the doing of any act or the making of any omission which would or might amount to a breach of the Environmental Protection Act 1994. 20. Goods and Services Tax (“GST) - (a) In respect of any liability of the club for GST under this Agreement including for rent or any other consideration for any other taxable supply made by the Club to the Customer, the Customer covenants to pay to the Club, at the same time as any payment is made involving the Club in GST liability, the additional amount of GST, together with the payment to which it relates. (b) The Customer’s liability under clause 20(a) above is to reimburse the full amount of GST, disregarding and excluding the Lessor’s entitlement to input tax credits or other credits or reimbursements for GST. (c) Notwithstanding clause 20(b), if the Club is entitled to an input tax credit in relation to any amount recoverable from the Customer under clause 20(b), the amount payable by the Customer shall be reduced by the amount of the input tax credit that the Club has received or claims and is entitled to receive. (d) Where any GST is not paid by the Customer when due to the Club, in addition to any obligation under this agreement on the part of the Customer to pay interest to the Club, the Customer shall pay to the Club upon demand all Default GST (if any). “Default GST” means any additional GST, penalty or other sum levied against the Club under the GST Act by reason of a non-payment of GST but does not include any such sum levied against the Club by reason of a default by the Club in remitting a GST to the relevant authority after payment of the same by the Customer to the Club. 21. Miscellaneous - (a) If the Customer is not by law the proprietor of the Vessel, then the expression “the Customer” shall include the lawful proprietor of the Vessel for the purpose of identifying invitees, licensees and guests and persons for whom the Customer described herein is vicariously liable in the terms of this agreement. (b) A reference to persons shall include corporations; words including singular number shall include plural number and vice versa; words including a gender shall include all other genders. (c) A reference in this agreement to a statute or a section of a statute includes all amendments to that statute or section passed in substitution for the statute or section referred to or incorporating any of its provisions. (d) Except for the purpose of identification headings and underlinings have been inserted in this agreement for the purpose of guidance only and shall not be part of this agreement. (e) The Club shall include the Club, its successors in title and assigns and, where relevant, it’s agent. (f) The Customer shall include the Customer and its successors in title and assigns. 22. Holding Over - If the Customer shall, with the consent of the Club, remain in occupation of the Berth after the expiration of the Term, the Customer shall (in the absence of any express agreement in writing to the contrary) be deemed to hold the Berth for a further period mutually agreed between the Club and the Customer at a rental provided, as if the period of holding over 19 was part of the Term provided for herein, but otherwise on the terms and condition of this Agreement so far as they can be applied to such holding over. syc marina by-laws

SOUTHPORT YACHT CLUB Inc MARINA & SWING MOORINGS BY-LAWS as at 21 FEBRUARY 2014

1. GENERAL 1.1. entry into, and occupancy of, this Marina / Swing Mooring, is in accordance with the provisions of the SYC Marina Berth / Swing Mooring Agreement and Indemnity signed by each occupant. Nothing in these by-laws shall be construed to alter, in any way, those provisions of the Marina Berth / Swing Mooring Agreement and/or Agreement to Sub Lease. 1.2. all persons visiting this Marina / Swing Mooring do so at their own risk. 1.3. No vessel is to operate commercially from the Marina.

2. OCCUPANCY 2.1. sYC Members may have occupancy with lease periods renewable monthly, quarterly, half- yearly and annually. Visitors may not occupy berths / swing mooring for longer than one month except with the express permission of the Club. 2.2. all rentals and/or lease payments must be paid in advance. Vessels for which rentals or lease payments are in arrears are liable to be removed without notice, but are prohibited from removal by the owner or his agent without payment of outstanding debts. 2.3. interest will be charged on arrears and calculated at 1.5% per month. 2.4. only vessels in seaworthy condition and under their own power will be admitted to the Ma- rina / Swing Mooring. All craft must be registered, identified, marked, equipped and maintained as required by law and safe practice to the satisfaction of the Marina Manager and his/her duly authorised representative. A photograph of the vessel must be supplied prior to approval. 2.5. When a vessel enters the SYC Marina / Swing Mooring, it immediately comes under the jurisdiction of the Marina Manager or his/her duly authorised representative and no change will be made without his/her permission. The Marina Manager or an authorised representative may cancel the Agreement and order any vessel to vacate the space the said vessel is occupying for the violation of any By-Laws. 2.6. the berths / swing moorings may not be sub-let or loaned by the owner without the consent of the Club. All sublets are to be handled by the Marina Office. 2.7. the berth / swing mooring shall be used by any other craft or another tenant only upon ex- ecution of a new Agreement. In the event of sale of the craft the Club shall give, at its discretion, the right to continue this Agreement provided that the purchaser is a Gold Member of the Club 2.8. marina / swing mooring occupants may not rent their vessels to other persons for the purpose of living aboard, nor have boarders whilst living on board themselves. 2.9. members must apply to the Club to live aboard their vessel. See Live aboard Policy. 2.10. all vessels entering the Marina / swing mooring must comply with Australian Electrical Standards.

3. vessel LENGTH 3.1. For the purpose of berthing, the length of a vessel is the maximum measurement from the forward extremity to the after extremity, including all protrusions and overhangs (LOA). 4. INSURANCE 4.1. all vessels occupying a marina berth or swing mooring must be insured with an insurer accredited by the Australian Prudential Regulatory Authority (APRA). The cover must have at least $10,000,000 indemnity limit for damage caused to other vessels, property and bodily injury plus a total current market cover for own vessel. 5. electrical CONNECTIONS AND USAGE 5.1. each berth is supplied with 1 x 15amp outlet 5.2. Vessels requiring 2 outlets on the berth must pay for a second outlet at a current rate at the time. 5.3. Vessels requiring 2 outlets on the berth are subject to an additional surcharge on a user pays basis at the current rate. 20 syc marina by-laws

5.4. electrical cables are to be kept tidy at all times. 5.5. excess cable is to be kept onboard the vessel. 5.6. at no time should the cable be coiled around any part of the pedestal or cleats. 5.7. When departing the Marina temporarily all electrical power is to be turned off and the electrical cable disconnected and removed from the Marina. 5.8. a copy of the Berthing Instructions for connection to SYC power is available at the Marina Office.

6. MARKETING AND BROKERAGE 6.1. Without the prior approval of the SYC Marina Management no vessel is to display a for sale sign. Applications to display for sale signs are required in writing (email, fax or letter) 6.2. applications are to be made to the Marina Manager and are subject to SYC Management approval. 6.3. For sale signs, when approved, are not to exceed 50cm by 40cm. 6.4. limit one for sale sign per boat 6.5. Brokerage advertising using the words Southport Yacht Club in any form is prohibited. 6.6. “Bosun’s Locker” brokerage is permitted to display brokerage signage on the marina, no other brokerage activity (visible signage) is permitted on the Marina at any time.

7. FUELLING 7.1. Fuelling shall only take place at the designated Fuel Dock, available 24hours a day 7 days per week and as per the instructions as posted in this area. 7.2. Bulk fuel suppliers over 5,000 litres can and should be arranged in advance with SYC staff.

8. repaIRS AND MAINTENANCE 8.1. Major repairs or refits are prohibited within the Marina. Vessels requiring major works need to be moved to the Service Wall or Hardstand prior to work being commenced. 8.2. minor repairs, internal painting, mechanical adjustment, varnishing, epoxy and electrical work is permitted providing the work does not interfere with normal marina operations. 8.3. all contractors working on SYC property must be fully inducted to the SYC WH&S Policy. 8.4. contractors and tradesmen, holding current valid insurance which includes public liability and removal of wreck provisions of not less than five million dollars ($5,000,000) are permitted onto the Marina to work on vessels, provided such work does not contravene other regulations. If owners are in doubt regarding the legitimacy of proposed work, application is to be made to the Marina Manager and work is not to proceed until approved. Regulations regarding blocking walkways and disposal of refuse are covered in section 14. 8.5. contractors and tradesmen are to supply their own trolley. 8.6. Welding, Metal Grinding or Cutting and Spray Painting are strictly prohibited on the Marina. 8.7. Sanding and painting on the Marina Walkways and fingers is Prohibited. 8.8. minor sanding is permitted at the discretion of the Marina Management. The use of sanders and scrapers must be contained on the vessel and vacuumed, to avoid pollution and soiling other vessels, the Marina Staff may order members/contractors to desist sanding or scraping if they deem the work should be carried out on the Hardstand or the Service Wall.

9. cleanlINESS, TIDINESS AND BEHAVIOUR 9.1. it shall be the responsibility of owners to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavourably on the appearance standards of the Marina facility. Decks of all vessels and all walkways and fingers shall be kept free and clear of debris, bottles, papers, trash or other unsightly material at all times. 9.2. Hoses are to be kept on board vessels when not in use. 9.3. No part of the Marina shall be used for the storage of dinghies, bicycles, motorbikes etc. 9.4. Portable access stairs are to be of an approved type and properly maintained must not ob- struct walkways and must be approved for use by the Marina Manager. 9.5. Bicycles, skateboards, scooters etc shall not be ridden on any walkway or pier, and must be 21 syc marina by-laws

stored onboard vessels, not on the marina. 9.6. laundry of any type or any item of a personal nature shall not be hung out to dry or air in public view aboard any vessel or on any pier or walkway. 9.7. Noise shall be kept to a minimum at all times. Owners should use discretion operating radios or musical apparatus so as not to cause undue disturbance to others. Halyards shall be tied back to prevent ‘slapping’. 9.8. refuse, garbage and plastic bags shall not be thrown overboard, but must be placed in the skips provided. Oil, spirits, inflammables, oily bilge refuse, toilet and shower effluent shall not be discharged into any part of the Southport Broadwater. Oil or fuel pollution is to be reported immediately and every effort made to minimise spread and damage to other vessels. 9.9. Swimming, diving and fishing within the Marina is prohibited. 9.10. disorderly or raucous conduct by an occupant, or his/her guests, can be cause for the im- mediate termination of the Marina Berth / Swing Mooring Agreement. 9.11. children shall be supervised and accompanied by an adult at all times. 9.12. marine toilets – no discharge is to happen within the marina.

10. DINGHIES 10.1. dinghies shall not be left in the water in the Marina and are to be stored on board. Swing Mooring tenants are to use designated areas for short term use only.

11. FACILITIES 11.1. all Club facilities are available only for the use of Members and Visitors whose vessels are berthed within the Marina. 11.2. trolleys, provided for short term use, are stored at the entrance of the Marina and are to be returned to that location immediately after use. 11.3. trolleys must not be overloaded and are to be returned clean.

12. car PARKING 12.1. car parking on Club property is entirely at the owner’s risk. Members may park at any time providing their vehicle displays a current membership parking sticker. 12.2. Visitors whose vessels are berthed within the Marina shall be restricted to one vehicle only. More than one Visitors vehicle shall be parked outside the Club grounds. 12.3. The prohibited parking and traffic direction signs shall be obeyed at all times. Infringe- ment will lead to withdrawal of parking privileges. Warning signs are erected at each access gate and vehicles parked in contravention of these By-Laws are liable to be towed at the owner’s expense. A motor cycle shall be regarded as a car. 12.4. Bicycles shall only be stored on board vessels or in the bicycle rack provided.

13. SAFETY 13.1. All vessels are to be fitted with adequate and up to date fire fighting appliances, including one Dry Chemical Powder extinguisher per five metres of overall length. Evidence of such appliances shall be produced when requested by the Marina Manager. 13.2. Use of fire fighting hoses for any purpose other than fire fighting is prohibited. 13.3. Berthing at the Fuel Dock for purposes other than fuelling is prohibited without prior au- thorisation from Marina Staff. 13.4. dock lines are the responsibility of and at the cost of the Marina occupant and are to be kept in a satisfactory and safe condition. Replacement lines, plus the labour to attach them, will be charged to the occupant if deemed by the Marina Manager to be unsatisfactory for the safety of the vessel. Occupants are to arrange inspection of dock lines weekly. The minimum size of dock lines in each berth is based on Polyethylene (silver) rope and is: 9.0m berths 14mm 10.0m berths 16mm 11.5m berths 16mm 12.5m berths 18mm 15.0m berths 18mm 16.0m berths 20mm 18.0m berths 20mm Over 18 M Specific to LOA 13.5. it is the sole responsibility of the Marina / Swing Mooring occupant, when leaving vessels 22 syc marina by-laws

at the Marina, to ensure all seacock’s are closed, gas and fuel are turned off and bilge pump and battery switches are clearly labelled. Automatic bilge pumps will pump oily water. Please ensure bilge is kept clean. 13.6. on departing or entering the Marina, the speed limit within 50 metres of moored craft is four knots. On departing temporarily, dock lines are not to be left trailing in the water or over walkways. Power is to be turned off and power leads disconnected and removed. 13.7. No vessel is to be so moored as to project anchors or bow-sprits over walkways. 13.8. should a vessel not comply with clause 13.7, boat owners will be given the opportunity to make appropriate changes themselves within 12 hours of notice being made by the Marina staff. The Marina Staff has the right to board a vessel and adjust the mooring lines thereafter or in ex- treme cases that need to be rectified straight away. 13.9. the Marina Manager has the right to remove a vessel from its berth in the case of an emergency that threatens the safety of any marina stakeholders.

14. PETS 13.1. animals are prohibited on the Marina or on vessels berthed within the Marina. Dogs are to be kept on leashes at all times when going to or from vessels for the day. 13.2. Occupants of Swing Moorings, unless notified, may have dogs and/or cats on board for a period not exceeding one month. Permanent live-aboards on Swing Moorings may, if approved by the Marina Manager, and only during a declared trial period, have a dog or cat on board. Pets shall not be brought to the Marina or the Club property from vessels on Swing Moorings.

14 refuse DISPOSAL 14.1. Galley waste, papers, clothing, bottles and small items may be disposed of by occupants in the skips provided. Batteries shall not be placed in the skips. Refuse is to be pushed to the back of skips, to ensure full use is made of their capacity. 14.2. oil and fuel shall be disposed of only in the tank in the north east corner of the Hardstand area Monday to Friday. These items are not, under any circumstances to be placed in the skips. 14.3. cardboard boxes are to be placed in the Cardboard recycle bin. 14.4. under no circumstances are construction metals, old toilets, batteries, stoves, metal drums, carpets, dirty bilge water etc. to be placed in skips. Disposal of these items is the responsibility of marina occupants or their tradesmen by private arrangement.

15 MAIL AND DELIVERIES 15.1. the address for the delivery of mail and small packages is: c/O Southport Yacht Club Marina 1 Macarthur Parade, Main Beach QLD 4217. 15.2. the delivery of large packages is to be prearranged with the Marina Manager. Delivery of large items not previously arranged, including grocery deliveries, will not be accepted.

16 COMMUNICATIONS 16.1. Fax facilities are available at the Marina Office upon payment of a commercial fee. The fax number is: 0011 61 07 55 913 526 16.2. VHF channel 74 is monitored during office hours. The call sign is: Southport Yacht Club 16.3. The telephone number for the Marina Office is: 0011 61 07 55 918 577 16.4. the Telephone for the Main Club Reception is: 0011 61 07 55 913 500 16.5. Brief messages only may be left for occupants on matters of urgency. This service uses pri- vately owned telephones and operators and is to be used sparingly.

17 relocatION OF VESSELS 17.1. the Club reserves the right to require the owner to relocate the vessel to a reasonable alternative mooring selected and arranged by the Club on a maximum of five periods per annum during sailing events organised by the Club. The mooring expenses incurred during these tempo- rary relocations shall be at the expense of the Club. 23 syc marina by-laws

18 swING MOORINGS 18.1. occupants of Swing Moorings, unless SYC Members, may only enter the SYC grounds for the purpose of depositing rubbish in the skips. Dinghies may be left hitched to the rails provided in Jack Gordon Park to the west of the Club or left in the designated area for periods of up to two hours only.

19 SECURITY 19.1. marina / Swing Mooring occupants are responsible for the security of their own vessel. 19.2. access to the Marina is via security door/gates by proximity cards/fobs upon payment of a $50.00 deposit through the Marina Office. 19.3. Random patrols are conducted by security officers outside of business hours.

20 TELEPHONES 20.1. telephone connections are available on A, B, C and D arms. Application must be made to Telstra and a fee is payable. Additionally a fee will be charged from your approved contractor for the connection at the power pedestal. 20.2. marina occupants are totally responsible in all respects for their telephone connection and shall indemnify the Club and/or the Marina Manager against actions, suits, claims and demands of any kind arising from the Marina occupant’s decision to install a telephone.

21 non COMPLIANCE WITH THESE BY- LAWS 21.1. members who breach any of these by-laws may have their membership suspended and their Rental Agreement terminated. 21.2. Visitors who breach any of the By-Laws will have their Rental Agreement terminated and will have to leave the premise. 21.3. contractors found breaching the By-Laws will be suspended or banned from working on the Marina. 21.4. should a vessel not be in compliance with any clauses boat owners will be given the opportunity to make appropriate changes themselves within a suitable time limit or will be asked to remove the vessel from the Marina / Swing Mooring at the owners cost.