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Port of Apollo Bay - Terms and Conditions of occupation

The fee for occupation of berth or mooring shall be paid in advance of issuing a Permit.
The berth or mooring must be used exclusively by the vessel described in the Permit application. A mooring Permit is not transferable to another vessel or person unless the Great Ocean Road Coast and Parks Authority (the Authority) gives written approval. The Authority must be notified in writing if the vessel is sold, relocated from Apollo Bay or otherwise disposed of by the applicant.
Overnight stays on board vessels issued long-term berth/mooring Permits shall be limited to a maximum of 100 days per calendar year.
Long-term Permit holders shall not use their vessels as their primary place of residence at the Port of Apollo Bay.
Overnight stays on board vessels issued a casual berth/mooring Permits shall be limited to a maximum of 3 months from the date of issue of the Permit.
If a vessel is to be absent from the allocated berth or swing mooring for a period greater than 6 months, the owner is expected to notify the Port Manager and to have a legitimate reason for the extended absence.
Should a vessel be allocated a berth or swing mooring and records indicate that the berth or swing mooring has been vacant for a period of 6 months or more, the owner will be required to show just cause as to why the berth should not be forfeited. Without just cause being demonstrated and permission provided for an extended period of vacancy, if the berth or mooring is vacant for 12 months, the berth or mooring will be forfeited at the discretion of the Port Manager.
A maximum of one berth or one mooring only per vessel shall be allocated to an applicant.
The vessel shall be securely moored and properly fendered at all times whilst in a berth or on a swing mooring
The installation, maintenance and subsequent removal of berth/mooring lines and tackle are the sole responsibility of the applicant.
Swing moorings shall be compliant with or exceed specifications outlined in the Port of Apollo Bay Typical Swing Mooring Apparatus standard drawing.
Swing moorings shall only be identified with mooring buoys issued by the Authority displaying the Permit holder’s mooring number. No other mooring identification buoys are permitted.
Swing moorings will be subject to an annual compliance inspection by certified commercial divers. The Authority will schedule the inspection, forward the inspection report to the applicant and undertake any maintenance required. The cost of any maintenance will be charged to the applicant.
Any damage caused to the berth or mooring or to any other vessel must be notified immediately in writing to the Authority.
Owners of vessels that have been unused and unattended for a period of 12 months will be required to show just cause as to why the berth or mooring should not be forfeited. Without just cause and an appropriate level of maintenance/seaworthiness being demonstrated, the berth or mooring will be forfeited at the discretion of the Port Manager. Should maintenance be required, a period of up to 6 months may be allowed at the discretion of the Port Manager in order to bring the vessel to a state of good repair and seaworthiness.
The vessel shall be maintained in a safe and seaworthy condition. The Authority may carry out vessel condition inspections and issue the Permit holders of non-compliant vessels notice to perform maintenance within a specified timeframe.
The vessel shall be inspected annually by the applicant and satisfactory evidence provided to confirm the vessel hull and ballast water is free from Undaria (noxious seaweed). In the event the Authority’s personnel identify Undaria growing on the hull, notice shall be given to the applicant for the vessel to be slipped, cleaned and antifouled within a defined timeframe.
To contain the presence of Undaria within Port of Apollo Bay, vessels with Undaria present on the hull are prohibited from exiting Port of Apollo Bay until the vessel has been antifouled on the slipway or in the water by specialist contractors with the associated Permits.
The name and registration number of the vessel shall be prominently displayed on the vessel at all times.
All directions given by the Authority and its Port Officers shall be complied with.
The Authority must be advised immediately in writing of any change in the vessel description. The Authority must also be advised immediately of any changes in the applicant’s contact details (address, email address and phone number).
All notices required to be given by the Authority to the applicant will be deemed to have been delivered properly if posted by ordinary mail to the last known address of the applicant.
The provision of the following legislation shall be complied with:
(a) Port Management Act 1995
(b) Port Management (Local Ports) Regulations 2015
(c) Marine Safety Act 2010
(d) Crown Land (Reserves) Act 1978
(e) Pollution of Waters by Oil and Noxious Substances Act 1986
(f) Pollution of Waters by Oil and Noxious Substances Regulations 2012
(g) Environment Protection Act 2017
(h) Environment Protection and Sustainability Victoria Amendment Act 2014
Insurance
The applicant shall ensure vessels with berth/mooring Permits in Port of Apollo Bay have, at all times, third party insurance for the vessel and provide an insurance certificate to that effect.
Indemnity
The applicant must ensure that the vessel and all associated mooring lines and tackle are inspected frequently and maintained in a seaworthy condition at all times.
The applicant indemnifies the Authority and its officers and keeps the Authority and its officers indemnified against all actions, claims, demands, losses, damages, costs and expenses whatsoever (including in relation to indirect and consequential losses) for which the Authority or its officers are or may be or may become liable to any person in relation to or arising out of: any breach of this Permit
1. any breach of this Permit
2. the Permit holder’s use or occupation of a site, berth or mooring;
3. any negligent, careless, reckless or wrongful acts or omissions of the applicant or the applicant’s agents;
4. any breach of statutory duty, licence, registration or authorisation requirement by the Permit holder or the Permit holder’s agents or
5. the detention or impoundment of any vessel or thing. \
Warranties
The applicant warrants, on a continuing basis, that:
1. she/he has full authority or power to hold a Permit and to give effect to a Permit;
2. she/he holds all licences, registrations, permits, consents and authorisations required under any law in relation to a Permit and will continue to do so at all times during the currency of the Permit;
3. all information, representations, warranties and undertakings made or give in relation to this Permit are true, complete and accurate in all respects;
4. she/he has not done anything in an improper or unlawful manner to induce, reward or influence the grant of this Permit; and
5. if he/she is not the owner of a vessel, the applicant has the full authority of the owner/s to bind the owner/s to each and every obligation in this Permit.
Liability
The Authority is not liable in any way for any loss, damage or liability suffered or incurred by the applicant or persons claiming through the applicant in any way arising from:
1. refusal of an application, for any reason, to berth or moor a vessel in a prohibited, regulated or restricted area;
2. refusal of an application to renew a Permit to berth or moor a vessel in a prohibited, regulated or restricted area;
3. variation or cancellation of a Permit;
4. any failure by a preceding Permit holder or other person to vacate a site, berth or mooring prior to the intended commencement date of a Permit;
5. refusal to Permit a vessel to enter or use a site, berth, mooring, port waters or port land where use or entry is refused due to the failure to provide any information or documents;
6. any force majeure, circumstance or event that is beyond the control of the Authority;
7. any negligent act or omission by the Authority, or by its officers, servants or agents; or
8. for any other reason.
Suspension or termination of Permit
The Authority may, by written notice to the applicant, revoke or vary a Permit if the applicant:
1. breaches or causes a breach of a Permit conducts an activity that could place property or the safety of persons at risk
2. conducts an activity that could interfere with the orderly and efficient management of the port
3. fails to pay the Permit fee, Permit bond or any other sum payable relating to a Permit
4. fails to provide documents or information required to be provided for a Permit or
5. fails to comply with a direction of the Authority given in accordance with a Permit, or legislation as outlined in item 23.
Any claim made in relation to a Permit, whether in contract, tort, bailment or otherwise, will be null and void unless suit is brought in a court of competent jurisdiction and notice given thereof to the Authority within nine months of the date the cause of action arose.
This Permit is governed by the law of the State of Victoria.
In this Permit, a reference to any law or legislation provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.
Any rights and obligations arising under this Permit do not in any way limit or restrict the rights of the Authority either at common law or by statute.
The Authority retains the right to supplement and/or alter the terms and conditions of the Permit at any time.
The applicant cannot supplement and/or alter the terms and conditions of the Permit except with prior written agreement of the Authority, or as otherwise specified in a Permit.
The applicant shall ensure compliance with the Port of Apollo Bay – Safety and Environmental Management Plan (SEMP) – version 7 2018 at all times whilst operating within the Port of Apollo Bay.