TERMS AND CONDITIONS FOR A LICENCE TO MOOR IN THE LOWER EXE ESTUARY
1 TERMS AND CONDITIONS.
These Terms and Conditions, set by Lower Mooring Administration Limited, form a contract between Lower Exe Mooring Administration Limited and each: club; business; partnership; family or individual, who hold or have held a Licence (hereinafter called the Mooring Licence) to moor any vessel within the Lower Exe Mooring Administration Limited’s jurisdiction. To hold a Mooring Licence the licensee must at all times comply with these Terms and Conditions. Failure to comply could result in the Mooring Licence being revoked or refused. All administration is the responsibility of the Lower Mooring Administration Limited’s, Company Secretary (hereinafter called The Secretary)
2 LICENSING The Mooring Licence, which is necessary for anyone to have a mooring in the lower Exe, is valid for one year only and must be renewed annually. The Licensing Year commences on the first of April each year. The scale of charges is set by Lower Exe Mooring Administration Limited and relates to the maximum length of the vessel for which the mooring is licensed. The full fee is payable to Lower Exe Mooring Administration Limited, whether the mooring is occupied or not, or if the mooring is occupied by a smaller boat. Unless special dispensation has been granted, the Mooring Licence is for the mooring of a single vessel only.
3 NON PAYMENT OF FEES
If at any time any mooring fees or other fees payable to Lower Exe Mooring Administration Limited by any Mooring Licence Holder or former Mooring Licence Holder shall be 28 days in arrears then:
(a) Lower Exe Mooring Administration Limited. Will revoke the mooring licence and will commence legal proceedings to remove any boat and recover costs.
(b) Lower Exe Mooring Administration Limited. shall be entitled upon giving three month’s notice in writing to the Mooring Licence Holder or former Mooring Licence Holder, at his last known address shown in the register of Mooring Licence Holders, to sell the boat and to deduct any monies due to the Lower Exe Mooring Administration Limited (whether by way of arrears of subscription, mooring or other fees or otherwise) from the net proceeds of sale before accounting for the balance (if any) to the Mooring Licence Holder or former Mooring Licence Holder.
(c) Alternatively, any boat, which in the opinion of Lower Exe Mooring Administration Limited cannot be sold, may, upon such notice as aforesaid, be disposed of in any manner the Directors may think fit and the expenses recovered from the Mooring Licence Holder or former Mooring Licence Holder.
(d) Arrears as aforesaid shall be deemed to be a debt owing to Lower Exe Mooring Administration Limited. by the Mooring Licence Holder or former Mooring Licence Holder
4. REGISTER OF MOORINGS.
Records are compiled from the details supplied by the Mooring Licence Holder in their Mooring Licence Application form. These details are held under the Data Protection Acts 1988 and 2003. Any current Mooring Licence holder is entitled to request a copy of their own records. The request must be made in writing to The Secretary, Lower Exe Mooring Administration Limited accompanied by a stamped address envelope.
5. THE MOORING.
(a) When the Mooring Licence is granted it will provide the Moring Licence Holder with a mooring identificatio number. This mooring number must be clearly marked on the mooring buoy at all times of the year.
(b) The mooring must be located and remain so, to within a radius of 2m.of the GPS Coordinates stipulated on the Mooring Licence. Any mooring not in its allocated position will be removed at the licence holder’s expense and the mooring licence may be revoked.
(c) The maximum length and tonnage of the vessel using the mooring must not exceed that stipulated by this Mooring Licence.
(d) Any boat using the mooring must be insured with a minimum of third party cover.
(e) Unless special dispensation has been granted, the licensee must ensure that the mooring complies at all times with the minimum standards set by Lower Exe Mooring Administration Limited’sMooring Specifications and Schedules.
(f) The annual Certificate of Servicing (COS) must be completed and returned together with the Annual License Renewal Invoice to The Secterary, Lower Exe Mooring Administration Limited and unless special dispensation has been granted the Mooring serviced before 31 May.
(g) Lower Exe Mooring Administration Limited reserves the right to inspect any mooring. If found defective, or not to be in accordance with the minimum or agreed specifications, the Licensee will be notified and the Mooring Licence suspended. Failure to comply with these Terms and Conditions or any Special Conditions that might apply, will result in the revocation of the Licence and any unmarked moorings may be removed by Lower Exe Mooring Administration Limited without notice.
6. TRANSFER OF A MOORING LICENCE
Any Mooring Licence first issued after April 2006 is non transferable.
In the interests of safety, safe navigation, or to prevent damage to any boat, Lower Exe Mooring Administration Limited shall be entitled to move any boat, without notification to any other suitable and serviceable mooring without being liable for any loss of or damage to the boat howsoever caused. The boat owner or person responsible for the boat and the Mooring Licence holder will be informed as soon as possible.
8. LETTING OR LOANING A MOORING
(a) If it is the intention to let or loan a mooring, then this must be either stated on the Annual Licence Renewal Form or The Secretary informed, before any mooring is used for this purpose.
(b) It is the Mooring Licence Holder’s responsibility to ensure that any boat using the mooring has a minimum of third party insurance and that the policy covers the whole of the let or loan period.
(c) The Mooring Licence Holder letting or loaning a mooring must provide Lower Exe Mooring Administration Limited with:
· Details of any boat using the mooring: Boat name; type; length; tonnage.
· Contact details of the boat owner or the person responsible, Name, Address and Telephone Number
· Name of the Insurance Company covering the boat.
(d) It is the Mooring Licence Holder’s responsibility to ensure that the boat owner and/or the person responsible understands the Terms and Conditions of the mooring Licence
(e) Lower Exe Mooring Administration Limited do not accept liability or responsibility, in any circumstances, for any costs incurred, should any boat owner hiring or borrowing any mooring, default on payment or refuse to vacate the mooring. It is always the responsibility of the Mooring Licence Holder to remove and dispose of the tenant’s boat.
9. EXTENDING AND/OR REPOSITION A MOORING
Extending the licensed length and/or re-positioning of a mooring can only be carried out with the written approval Lower Exe Mooring Administration Limited. Application forms to extending and/or re-positioning a mooring can obtained from The Secretary, or downloaded from the website, A fee will be charged to cover inspection and administration.
10. NEW MOORINGS
(a) Positioning a new mooring can only be carried out with the written approval of Lower Exe Mooring Administration Limited. Application forms to lay a mooring can be obtained from The Secretary or downloaded from the website.. A fee will be charged to cover inspection and administration costs
(b) A new mooring must comply with the recommended mooring Specifications and the appropriate Mooring Schedule
11 . SSSI
Lower Exe Mooring Administration Limited’s area or responsibility is classified as an SSSI. If it is felt that the laying of a new mooring and/or the change of use of an existing mooring, will significantly affect the SSSI, Lower Exe Mooring Administration Limited are required to consult with and/or apply to Natural England. Natural England may require the applicant to provide details of the vessel to be moored, its intended use, and possibly a risk assessment. Natural England may also request a consultation with the applicant. Any charges which might be incurred during that consultation or Natural England’s investigations will be the responsibility of the Mooring Licence holder or the Mooring Licence applicant. Lower Exe Mooring Administration Limited will contact the Mooring Licence holder or Mooring Licence applicant prior to authorising any investigations to be commenced.
12. THE FINAL DECISION
(a) The decision of Lower Exe Mooring Administration Limited or its appointed representatives will be final in all matters relating to the laying of new moorings or use and positioning of existing moorings. If a licence is revoked for any reason the Licensee shall not be entitled to a refund of the whole or any part of the licence fee
(b) Lower Exe Mooring Administration Limited or any appointed representative thereof do not accept liability any loss or damage suffered by the Licensee in respect of the licensed moorings or any vessel attached thereto.
13. DEFINITIONS USED BY L.E.M.A.
A Mooring: This describes a buoyed, permanent anchor providing the vessel using it a safe anchorage on its return.
Mooring Gear: Includes all the independent component parts of the mooring assembly (Blocks; Anchors; Chain; Rope Strops; Swivels and Shackles etc}
Drying Mooring: A moorings will be classed as Drying only if it is positioned above Chart Datum.
Tonnage : This refers to the weight of the boat.
SSSI: Site of Special Scientific Interest.