Should you give it a wide berth?

Posted on.
By Watkins Tapsell.

With the proposal to make more ‘harbour parking’ available at the Rose Bay Marina back on the agenda, some of you may be considering whether now is the time to give your beloved boat a ‘permanent’ place to moor.

Although the Woollahra Council and the Land & Environment Court have tried to prevent the expansion of the Rose Bay Marina with concerns that Rose Bay will become a harbour parking lot, NSW Maritime has endorsed the developer’s expansion proposal. If the development obtains approval, up to 58 more berths could become available along Rose Bay-Point Piper.

Whilst some may be upset at the proposal, boat owners will be delighted with the potential opportunity to obtain themselves a ‘permanent’ patch of water to moor their sea vessels.

Obtaining a ‘permanent’ spot to moor your boat can be a costly experience.
‘Permanent’ moorings are usually obtained for a substantial amount of money and aren’t actually permanent at all. The permanent spots are usually a strata lot and fees include the initial price, and then ongoing fees such as Council rates, strata levies and land tax.

The mooring at the marina is obtained by way of a lease, as opposed to a purchase, with or without an option for a further term. If there is no option for a further term, then the right to moor beyond the term of the lease is not guaranteed.

If the marina decides not to give you a new lease, you will not only lose your mooring rights, but you will not receive any refund for the purchase price initially paid. If you do have the right for a further term, and have been complying with the terms of your lease, then additional costs are usually payable.

Unfortunately, with the majority of moorings, you have very little control or say over the terms of your mooring. Mooring space in Sydney is hard to come by and if you don’t accept the marina’s terms then they can easily find someone else who will. While you may not have any control over the terms of the mooring, if you properly understand the terms of your mooring lease you can go in with your ‘eyes open’ and without surprises along the way …. And of course enjoy your premium position on the harbour to view the fireworks!

For further information, contact the Commercial Business & Property Team.

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