Fairway Rules

  • Rules of the St Lawrence Fairway Committee

  • I1.      In these Rules the following words shall have the following meanings:
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  • “THE COMMITTEE”                       The St. Lawrence Fairway Committee or any Sub-Committee thereof set up from time to time to act on its behalf.
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  • “MOORING SITE”                           A site situated in the St. Lawrence Fairway of the River Blackwater, Essex allocated by the Committee for the purpose of mooring craft of any type approved by the Committee.
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  • “MOORING YEAR’                         The period specified in Clause 3.
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  • “SITE HOLDER”                              The person or organisation granted a Mooring Site.
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  • “ANNUAL FEE”                              The fee prescribed by the Committee from time to time in respect of the grant of a Mooring Site in any Mooring Year or part thereof.
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  • 2,      The Committee may grant mooring sites at its discretion, following receipt by it of a completed letter of application in the form annexed to these Rules
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  • 3.      Mooring Sites shall be allocated yearly by reference to the mooring year which shall run from the first day of January in each year to the thirty first day of December, or between such other dates as the Committee may from time to time determine.The grant of a mooring site for the first year of application shall run from the date such grant is made to the end of the mooring year.
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  • 4.      The Committee shall have the unrestricted right to vary the allocation of mooring sites from one mooring year to the next, both as to the number allocated and as to their position and the allocation of a mooring site in any mooring year shall not confer upon the Site Holder any right to the allocation of that or any other mooring site in the subsequent mooring year.
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  • 5.      Any offer of allocation will be made by letter to the prospective site holder at the address given in his letter of application and may specify a time limit for payment of the annual fee. If the annual fee is not paid within the prescribed time limit, the offer shall lapse and the Committee may re-allocate the mooring site.
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  • 6.      The annual fee may be varied by the Committee at its discretion from one mooring year to the next and the Committee may impose different rates in respect of different types of craft.
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  • 7.      Any grant of a mooring site shall be personal to the Site Holder and shall not be capable of assignment or of being sub-let. The non-usage of the site for two years without sanction will cause the site to be forfeit.
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  • 8.      Moorings laid on a mooring site shall be provided by and be the sole responsibility of the site holder. The Committee may recommend minimum specifications for the moorings to be provided by the site holder and the site holder shall conform to such minimum specifications but in any event it is the responsibility of the site holder to:
  • (i)             Ensure that the moorings are appropriate for the type and size of craft to be moored; and equipped only with a buoy attached to an anchor, weight or other device.
  • a.     which rests on or in the bed of the river when in use; and
  • b.     which is designed to be raised from the bed of the river from time to time.
  • (ii)            To lay and recover his moorings.
  • (iii)           To ensure that his mooring or craft on his mooring do not foul other moorings or craft
  • on such moorings.
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  • 9.      (a) The mooring sites can only be used for pleasure craft vide the application form.
  • (b)    The site holder shall not use or cause or permit to be used his mooring site for the mooring of any craft other than that applied for on the application form and any change of craft must be applied for to the Committee.
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  • 10.    Every site holder shall insure his craft and moorings for a minimum of £ 3 million or such greater amount as the Committee may from time to time specify and upon request shall produce to the Committee a valid Certificate of Insurance in such sum.
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  • 11.    Mooring site numbers shall be displayed on the marker buoys of each mooring in figures at least three inches high. The name of the craft shall be displayed on the cabin side, the dodger, bow or stern of the craft and in addition the address and telephone number of the owner of the craft shall be displayed in the cockpit.
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  • 12.    All tillers must be left tied to port.
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  • 13.    The Committee reserves the right to terminate the grant of a mooring site at any time in the event of non-compliance with any of these Rules, or of any other act or omission, which in the opinion of the Committee (whose decision shall be final) might prove prejudicial to the proper management of its mooring sites, or to the safety of any person using or likely to use the St. Lawrence Fairway for whatever purpose and upon such termination no sums paid in respect of the annual fee shall become repayable.
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  • 14.    The function of the Committee is to supervise the allocation and management of moorings in the St. Lawrence Fairway and whilst it will make every effort to ensure that mooring sites are suitable for fair weather mooring, the site holder shall satisfy himself of the suitability of his mooring site for the purposes for which is required by him and the Committee shall not under any circumstances be liable to the site holder or any third party for death or personal injury or any other loss or damage whatsoever, and howsoever caused arising out of the grant by the Committee of any mooring site or out of the use of that mooring site or of any other mooring site under its control.
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  • 15.    At the termination of any grant of the mooring site, whether at the end of a mooring year where the same mooring site is not re—allocated to the site holder for the subsequent year, or at any other time under the provisions of these Rules, the site holder shall forthwith remove his craft and his moorings from the mooring site and if he shall fail to do so within fourteen days, then it shall be lawful for the Committee or its Agents to remove such craft and/or moorings on behalf of the site holder and the cost thereof and of the storage of such craft and/or moorings shall be a debt due by the site holder to the Committee and shall be recoverable by action. whether formally demanded or not.
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  • 16.    These Rules may be varied or amended at any time at the discretion of the Committee.
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  • 17.    Outboards hung on the back of boats should not be left cocked up. In cases of boats breaking away or in bad weather the prop and skeg can and has done damage to other boats.
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  • 18.    It has been found that some boats have been neglected and become a potential danger to other boats. In future the owners will be contacted to remove them and the site will be forfeited.
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  • 19.    If a mooring is lost, it should be recovered as soon as possible, or a marker put in position. Unless this is done there is no knowing where the site is and another mooring could be put down in that position causing a source of trouble.
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  • 20.    Mooring Buoys TO BE MARKED with Mooring Number, maximum length or weight of boat, and name of boat.
  • It was agreed by the committee that future lettings of
  • moorings, that craft should be limited to a length of 30 feet. With an allowance of  a maximum of 5 sites set aside for boats up to 33 feet
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  • 21       If in the opinion of the committee a mooring is in need of maintenance or is in anyway unfit for its duty the committee reserves the right to recover the mooring & leave it ashore for the owner to attend to. Once ashore the responsibility for the tackle & associated equipment is the sole responsibility of the owner. The owner must not relay the mooring tackle until such time as the committee are satisfied that the tackle either meets or exceeds the standards laid down by the rules in force at the time.
  •           The committee will send, by post, a “Notice of Recovery”, to the holder, once only, advising of a pending recovery. The holder will have 14 days from the date of the notice to notify the Clerk of the Committee of any objection. Non receipt by the Clerk of notification of an objection or a late response  to the Notice of Recovery will not indemnify owners from having a mooring recovered.
  •          The committee reserve the right to make a charge for the cost, associated or otherwise, of recovery. The amount of the charge will be at the committee’s discretion. Failure to pay the cost within 30 days of the date of the invoice will mean immediate termination of annual mooring agreement. No proportional refund of rental will be allowed. This rule will in no way limit the liability of owners to maintain moorings in a suitable condition throughout the term of the agreement.
  •           Should an owner feel his mooring should not be recovered he may , on receipt of the Notice of Recovery, write to the Clerk of the Committee & advise of appeal within the 14 day period, giving reasons for his objections. Should the committee feel these objections are reasonable the holder will be given time to attend to the mooring within  a period to be stipulated by the committee. If the holder fails to meet his obligations within the time given then the committee reserves the right to raise the mooring without further recourse to the mooring holder.
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  • 22.      Should  a person or persons moor their craft or lay a mooring or any other such encumbrance within the curtilage of the site leased from the Crown Commissioners by the St Lawrence Parish Council without permission of the St Lawrence Fairway Committee  it will be considered unacceptable. In such an event the Committee reserve the right to levy a surcharge of up to 10 times the agreed annual rental fee ( per year or part thereof) plus any costs incurred by the committee in respect of such action. The payment of this levy will not in any way suggest any right of the Miscreant to continue the act nor will it infer any accepted liability by the Committee”
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  • 23    Should a mooring holder move their craft to a mooring which is not their own, for any reason whatsoever, they will be subject to the following charges :-
  • The first two weeks,                                     £ 25-00 lump sum
  • Following weeks                                 £ 15-00 per week
  • The charges shall apply regardless of whether the owner of the subject mooring has given permission or not & will be in addition to the annual fee. Fee will be payable on demand.
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  • 24 In addition to the main mooring buoy the committee require all mooring holders to have fitted a pick-up buoy with maimum length of rope/chain of 2 metres