Expression of Interest No 40805

Transcription

1 Expression of Interest No Authorised Mooring Tackle Contractor List for Mooring Tackle Installations and Inspections in Port Phillip and Western Port Final Version 1.1 August 2014

2 TABLE OF CONTENTS Page 1. THE OFFER Background Introduction Scope & Regulatory Snapshot The Business Opportunity Overview of Swing Mooring Grounds Responsibilities of Authorised Mooring & Berth Holders Responsibilities of Authorised Mooring Contractors Tackle Guidelines for Swing Moorings Insurance Requirements Release and Indemnity Confidentiality Further Information Disclaimer HOW TO SUBMIT AN Overview Completing the Expression of Interest Post-Submission Process Selection Criteria A. APPENDIX: APPLICATION FORM B. APPENDIX: REGISTRATION FORM C. APPENDIX: SAMPLE BERTH AND MOORING AUTHORITY D. APPENDIX: SAMPLE MOORING CONTRACTOR AUTHORITY E. APPENDIX: EXAMPLE PROCEDURE FOR NEW MOORING TABLES AND FIGURES Figure 1 Mooring grounds grouped by operational area... 6 Table 1 Designated swing mooring locations grouped by operating areas... 5 Table 2 Parks Victoria Mooring Officers / Contacts... 6 PARKS VICTORIA JUNE 2014 PAGE 2 OF 19

3 DOCUMENT CHANGE HISTORY Ver. Rel. Doc. Date Status Comments Author April 2014 Draft 1 st draft Shaarn Pateman April 2014 Draft 2 nd Draft Gillian Wong June 2014 Draft 3 rd Draft Alex Korte August 2014 Draft 4 th Draft Barry Lacy August Draft 5 th Draft Brian Kennedy August Draft 6 th Draft Shaarn Pateman September Final Final Shaarn Pateman PARKS VICTORIA JUNE 2014 PAGE 3 OF 19

4 1. THE OFFER 1.1 BACKGROUND The purpose of this Expression of Interest (EOI) process is to offer interested parties the opportunity to become or to remain authorised by Parks Victoria to undertake installations and inspections of mooring tackle in Western Port and Port Phillip. 1.2 INTRODUCTION Parks Victoria is the local port manager for the designated ports of Port Phillip and Western Port and is required to undertake statutory functions as Local Port Manager under Section 44 of the Port Management Act As the local port manager, Parks Victoria has the responsibility of managing and continually improving effective and efficient safety and environmental performance across all aspects of local port activities and operations for the benefit of port users, neighbours, the wider Victorian and international communities and employees. Parks Victoria manages 200 berths (pens or alongside jetties) at 10 locations and approximately 3,000 swing moorings at 54 locations in Port Phillip and Western Port. Of the swing moorings, approximately 800 are managed by 11 agents acting on behalf of Parks Victoria, including yacht clubs and mooring associations. Parks Victoria has also installed 30 seasonal moorings, designed to address peak season needs, as well as19 public moorings made available to all boat users at popular locations within Port Phillip and Western Port. Parks Victoria is responsible for issuing of Berthing and Mooring Authorities in accordance with the Port Services (Local Port) Regulations An authority permits the licensee to berth / moor an approved vessel within designated locations of the Local Port in accordance with terms and conditions. An authority is renewable annually and conditional upon an annual tackle inspection. 1.3 SCOPE & REGULATORY SNAPSHOT Under the Port Services (Local Ports) Regulations 2004, it is Parks Victoria s responsibility as local port manager to authorise a wide range of activities. Of these, there are two sets of activities of direct relevance to this EOI: a. Mooring Tackle Installations & Removals. Regulation 300 makes it an offence to install a mooring unless it complies with an authority issued by the Port Manager under Regulation 212; and b. Mooring Tackle Inspections & Repairs. A condition (Condition 6.2) of an authority issued to each mooring holder states in respect of a site which already has mooring tackle, the tackle must be inspected by a mooring tackle contractor who is authorised under the Port Services (Local Ports) Regulations This means that any installation or mooring inspection in Port Phillip or Western Port may only be carried out by an authorised mooring tackle contractor. 1.4 THE BUSINESS OPPORTUNITY Parks Victoria is seeking to refresh and develop the current list of mooring tackle contractors who currently provide the following marine services in the local ports of Port Phillip and/or Western Port: a. Tackle Installations & Removals; and b. Tackle Inspections & Repairs. Expressions of interest are sought from suitably qualified individuals or organisations. If approved, organisations will be included on a list of authorised mooring contractors. This list: a. will be made available to all mooring permit holders in Port Phillip and Western Port as a means to enforce annual tackle inspections; b. will be directly provided by Parks Victoria mooring officers and other field staff, to potential mooring and berth holders, including those managed through agents; and PARKS VICTORIA JUNE 2014 PAGE 4 OF 19

5 c. will be accessible on the relevant section of the Parks Victoria website. Currently the list may be found at Once the list of authorised mooring tackle contractors has been refreshed, all successful contractors will be issued with an Authority outlining the conditions of authorisation. The inclusion of an authorised mooring tackle contractor on the list does not mean Parks Victoria endorses or recommends the services they provide. Parks Victoria makes no warranties nor representation in relation to the capacity of any of the authorised mooring tackle contractors on the list or the price of the services they provide. Parks Victoria reserves the right to remove any authorised mooring tackle contractor from the list after providing the authorised mooring tackle contractor with written notice of the suspension of the Authority if the conditions are not observed. Although the term of an Authority to a contractor will extend for a two year period, any interested mooring tackle contractors or parties may submit an application during this time for consideration by Parks Victoria. 1.5 OVERVIEW OF SWING MOORING GROUNDS The designated swing mooring areas in Port Phillip and Western Port are grouped below into operational areas: Western Port Balnarring Grantville Stony Point Corinella Hastings (Note 1) Tooradin & Tooradin Pier Cowes Lang Lang Warneet Flinders (Note 1) Newhaven Rhyll & Rhyll Jetty French Island Point Leo San Remo Jetty North Port Phillip Altona St Kilda (Note 1) Williamstown incl Gem Pier Werribee South Sandringham Patterson River Patterson River East Port Phillip Blairgowrie (Note 1) Mount Martha Sorrento East Collins Bay Portsea East Sorrento West Davey s Bay Portsea West Tootgarook Dromana Rosebud (Note 1) Tyrone Erlandsen East Rosebud West Safety Beach Mornington (Note 1) Rye Sullivans Bay West Port Phillip Avalon Leopold / Curlewis St Leonards Harbour & Pier Bellarine Limeburners Lagoon (Note 1) Seabrae Edwards Point Portarlington Swan Bay Eastern Beach (Note 1) Queenscliff Western Beach Geelong Indented Head Queenscliff West Note 1: Agent managed Table 1 - Designated swing mooring locations grouped by operating areas Detailed maps for most designated swing mooring areas are available upon request. The map below displays the mooring grounds grouped by operational areas. PARKS VICTORIA JUNE 2014 PAGE 5 OF 19

6 Figure 1 - Mooring grounds grouped by operational area The relevant Parks Victoria mooring officers for each operating area are listed in the table below. Western Port Leigh Hart North Port Phillip Petra Spear (03) [email protected] (03) [email protected] East Port Phillip Moorings Officer (03) West Port Phillip Mark Morrissy Patterson River John Tornatora (03) [email protected] (03) [email protected] Table 2 - Parks Victoria Mooring Officers / Contacts PARKS VICTORIA JUNE 2014 PAGE 6 OF 19

7 1.6 RESPONSIBILITIES OF AUTHORISED MOORING & BERTH HOLDERS Mooring and berth holders are issued with an Authority to moor or berth for a 12 month period only. All Authorities are subject to the terms and conditions of the Authority, in particular: d. timely payment of the annual fee; e. evidence of an annual tackle inspection; and f. permission to Parks Victoria to liaise with their selected authorised mooring tackle contractor with regards to the inspection. For reference, a copy of the current annual Authority is provided in the Appendix to this document as Appendix C. Mooring or berth holders issued with an annual Authority are required to abide by a series of requirements, most notably paragraph 6.2 which states: Where an authority is issued in respect of a site which already has mooring tackle, the tackle must be inspected by a mooring tackle contractor who is authorised under the Port Services (Local Ports) Regulations 2004 within 12 months of last inspection (being the date that a tackle inspection report was submitted to Parks Victoria prior to the issue of this authority)]. The associated mooring tackle inspection report must be submitted to Parks Victoria by the holder of this Authority within 28 days of the mooring tackle inspection. This condition means that, once notified of a pending inspection, the mooring holder is allowed 28 days to make arrangements with an authorised contractor to have the tackle inspected. Similarly, if a tackle inspection is not carried out and a report not submitted to Parks Victoria within 28 days, the Authority to moor or berth may be cancelled. 1.7 RESPONSIBILITIES OF AUTHORISED MOORING CONTRACTORS In addition to meeting any selection criteria for authorisation, mooring tackle contractors must be aware of and adhere to a set of conditions. For reference, a copy of the current annual Authority is provided in the Appendix to this document as Appendix D. The conditions set out below are extracted from the Authority currently in force: 5.1 The holder of this authority must notify Parks Victoria immediately of a change of contact details, insurances and certifications for the holder of this authority. 5.2 The holder of this authority must ensure that no mooring is installed or relocated unless prior authorisation has been granted by Parks Victoria or a Parks Victoria authorised mooring contractor 5.3 The authorised mooring tackle contractor must ensure that any site allocated to the mooring holder is safe for mooring or berthing of the vessel which is intended to be moored or berthed. 5.4 Parks Victoria (or its agent) does not warrant that the site (mooring or berth) is suitable for the vessel and is not liable in any way for any loss, damage, or liability suffered by the holder of this authority in relation to the vessel and any associated mooring lines and tackle, or as a result of any action taken by Parks Victoria to ensure the safe and efficient operation of the local port. 5.5 The timely installation and inspection of a mooring or berth is an important aspect of maximising safe mooring and berthing practices in Port Phillip and Western Port. The holder of this authority must ensure that, once notified by the mooring holder, that inspections are carried out no later than 28 days after being notified by the holder. Any failure to meet this requirement may result in the authority being withdrawn. There may be instances when a PV officer will direct certain inspections to be undertaken as a matter of priority. PARKS VICTORIA JUNE 2014 PAGE 7 OF 19

8 5.6 The holder of this Authority must ensure that the mooring tackle inspection report is submitted to Parks Victoria or Parks Victoria authorised mooring contractor within 14 days of the mooring tackle inspection. 5.7 The holder of this Authority upon installing or inspecting a mooring or berth must advise by presentation of an inspection report Parks Victoria or Parks Victoria authorised agent that the mooring or berth is in good condition and in their opinion is safe for use for the next 12 month period. 5.8 The Authority Holder must ensure that all equipment used and work practices undertaken are in accordance with National, State and local regulations, standards and legislation. 5.9 Where mooring tackle is removed for maintenance purposes, the holder of this authority must ensure that a recognisable work buoy approved by Parks Victoria is installed at the site. The total maintenance period for mooring tackle must not exceed 28 days Where applicable and at the discretion of Parks Victoria, the holder of this authority may be required to ensure the installation of mooring identification tags supplied by Parks Victoria and standard buoyage When installing or repairing a mooring the mooring contractor will ensure that the components are of appropriate marine grade material, construction has good workmanship, the techniques and materials are consistent with appropriate industry standards and adhere to local mooring field requirements. 1.8 TACKLE GUIDELINES FOR SWING MOORINGS There are different guidelines for the laying of mooring tackle within Port Phillip and Western Port. It will be the responsibility of the authorised mooring tackle contractor to contact the respective Parks Victoria office to verify the suitability of different mooring designs at each site. The five Parks Victoria office locations are San Remo, Rosebud, Patterson River, Williamstown and Queenscliff. 1.9 INSURANCE REQUIREMENTS In addition to meeting any selection criteria for authorisation, mooring tackle contractors must be hold and be able to provide evidence of appropriate insurance cover. Authorised mooring tackle contractors must hold throughout the term with an insurer approved by Parks Victoria (which approval shall not be unreasonably withheld) both: a. a public and products liability insurance policy of not less than $10 million (or any greater amount required by Parks Victoria) in respect of any single claim arising out of the activities of the insured concerning all third party liability claims and noting the interests of Parks Victoria in regards to this contract. The Public and Products Liability insurance policy should also cover any marine general liabilities in respect of the work to be carried out by the authorised mooring contractor and should be amended to note that the policy "specifically covers the Insured's activities and any associated marine liabilities of installing and inspecting moorings tackles". or; b. a Marine Hull and Liability policy covering the vessels and any loss, damage, injury or death to a third party caused or associated with the vessel for not less than $10 Million (or any greater amount required by Parks Victoria) in respect of any single claim. and; c. a professional indemnity insurance policy of not less than $5 million (or any greater amount required by Parks Victoria) in respect of any single claim arising out of the activities of the insured and noting the interests of Parks Victoria. Professional Indemnity Insurance should specifically note that coverage is provided for the PARKS VICTORIA JUNE 2014 PAGE 8 OF 19

9 Insured's professional services and more specifically "include the installation and inspection of mooring tackles". Alternatively, if the listed authorised mooring tackle contractor does not hold professional indemnity of not less than $5 million in respect of any single claim arising out of the activities of the insured, then the Public Liability policy must specifically be endorsed to note that the policy covers the insured's professional activities including the installation and inspection of mooring tackles and that any professional indemnity or advice exclusion does not apply to the installation and inspection of mooring tackles. The mooring tackle contractor must provide Parks Victoria with a I. a certificate of currency for the Policy which clearly confirms satisfaction of the requirements of the preceding clauses (a), (b) and (c) prior to the Commencement Date; II. within 14 days of each successive anniversary of the Commencement Date throughout the Term and any renewed terms (if applicable); 1.10 RELEASE AND INDEMNITY Listed authorised mooring tackle contractors will be required to release Parks Victoria, and Parks Victoria s servants, agents, contractors, licensees and invitees from any legal liability, loss, injury, illness including death, sustained or incurred by the authorised mooring tackle contractor or any of the authorised mooring tackle contractor s agents arising out of or relating to the authorised mooring tackle contractor s inclusion on Parks Victoria s list. Listed authorised mooring tackle contractors will be required to indemnify Parks Victoria, and Parks Victoria s servants, agents, contractors, licensees and invitees against any legal liability, loss, damage, claims or demands which might be made or suffered by any person or body for injury, loss or damage arising in any manner from inclusion on Parks Victoria s authorised mooring tackle contractor list CONFIDENTIALITY Parks Victoria acknowledges that the intellectual property of private sector operators should not be disclosed to competitors or used for illegitimate purposes by public sector agencies. Accordingly, discussions with Parks Victoria will be treated as confidential. Parks Victoria will consider entering into formal confidentiality agreements relating to commercially sensitive information if requested by a private sector proponent. Any confidentiality agreements would be subject to the responsibilities and powers of the Auditor General and the provisions of the Freedom of Information Act FURTHER INFORMATION For further information concerning this business opportunity, please contact Brian Kennedy, Manager Moorings and Berths at Parks Victoria on (03) or [email protected] 1.13 DISCLAIMER Parks Victoria does not warrant the accuracy or reliability of any of the contents of this document, and no responsibility is assumed by Parks Victoria or its agents in respect of the contents of or any omissions from this document. Each proponent is advised to make its own independent enquiries concerning matters relevant to its application. Parks Victoria reserves its right, without any warning or explanation and for any cause, to terminate the entire EOI process at any stage. Parks Victoria will not enter into correspondence or discussion with respect to the selection process. Parks Victoria will not reimburse a respondent for any costs directly or indirectly incurred by the respondent in relation to its application, registration of interest, or the process generally. This call for EOI does not create a process contract. PARKS VICTORIA JUNE 2014 PAGE 9 OF 19

10 2. HOW TO SUBMIT AN 2.1 OVERVIEW EOIs must be submitted by completing the two forms: the Application Form and the Declaration Form. Both forms are located in the Appendix to this document as Appendix A and Appendix B. Also, supporting material including information on insurance cover, relevant accreditations and vessel survey must be included. A submission contents checklist had been included for your convenience below. 2.2 COMPLETING THE To complete this EOI, the two-page Application and one-page Declaration forms should be completed. Supporting material, especially confirmation of public liability and professional indemnity insurance cover, should be included. All information provided by respondents will be treated as confidential and subject to the qualifications set out in Section 1.11 Confidentiality of this document LODGEMENT OF THE Submissions must be enclosed in a plain envelope. The front should be marked: CONFIDENTIAL Expression of Interest No Authorised Contractor List Mooring Tackle Installations & Inspections (Port Phillip & Western Port) Submissions may be lodged at the Rosebud office at 44 Hinton Street or sent by post to Parks Victoria, Attention: Brian Kennedy, Rosebud Office, PO Box 400, ROSEBUD VIC It is the responsibility of the respondent to ensure the submission is lodged with Parks Victoria prior to the closing time. All responses will be opened and registered simultaneously CONTENTS CHECKLIST FOR THE As submissions can be processed solely by means of the correct lodgement process, this section offers a checklist of the documents to be enclosed. Application Form completed and signed. Copies of current insurance cover arrangements, vessel survey and relevant accreditations. Registration Form, completed and signed. Plain envelope, properly marked and addressed. Respondents are reminded in the case of any queries, you may contact Brian Kennedy Manager Moorings and Berths, via [email protected] or (03) POST-SUBMISSION PROCESS Following receipt of an EOI, Parks Victoria reserves the right to call for additional supporting information from any or all respondents. PARKS VICTORIA JUNE 2014 PAGE 10 OF 19

11 Respondents will be notified of the result of the EOI within 4 weeks of the given closing date. Parks Victoria however reserves the right to reject any or all EOIs without providing reasons for its decision. 2.4 SELECTION CRITERIA Selection of tackle contractors for inclusion on Parks Victoria s list will be based upon: Qualifications: commercial diver, vessel operators qualifications and other relevant technical accreditations, which meet all national, state and local requirements; Prior experience in the operation of mooring tackle services; Provision of evidence for any vessels requiring Commercial Survey; Compliance with the requirements of the EOI Checklist (i.e. Application and Declaration forms completed plus evidence of insurance); Proven ability to be able to provide GPS co-ordinates requested in WGS84 datum to an accuracy of four to six metres; Adequacy of the respondent s human and physical resources; If required, respondents must be able to demonstrate that all equipment used and work practices undertaken are in accordance with any national, state or local requirements; The respondent must be fully paid up with respect to any mooring fees or other charges owed to Parks Victoria or any of its managing agents. The respondent must have no other outstanding matters with Parks Victoria or its agents and not be in current breach of the Port Services (Local Ports) Regulations Parks Victoria reserves the right to seek further information from respondents where it is deemed appropriate. PARKS VICTORIA JUNE 2014 PAGE 11 OF 19

12 A. APPENDIX: APPLICATION FORM APPLICATION FORM LIST OF MOORING TACKLE CONTRACTORS 2014 Company Name Company ABN Name of Primary Contact Name of Alternative Contact (if applicable) Postal Address Company Phone Number Mobile Number of Primary Contact Mobile Number of Alternative Contact (if applicable) Address Services Offered Tackle Inspection, Repair and Certification Tackle Installation / Removal Details of Vessel(s) Note: all vessels engaged in mooring tackle placement or inspections must comply with legislative requirements, such as the Marine Safety Act 2010 Safe Construction Certificate Safe Operation Certificate Other (please specify) (please indicate the location of vessel (s), storage etc) Qualifications Note: qualifications could include a current commercial dive certificate or vessel operators qualifications Appropriate Certificate of Competency Australian Standards (AS 2299) accreditation Other (please specify) PARKS VICTORIA JUNE 2014 PAGE 12 OF 19

13 APPLICATION FORM LIST OF MOORING TACKLE CONTRACTORS 2014 Subcontractors If applicable, please indicate details of proposed subcontractors, including their relevant formal qualifications & experience General Experience Please indicate briefly your experience incl how many years of activity in mooring tackle related operations, experience with GPS technologies etc Specific Experience Please indicate the number of installations & inspections performed in the last 12 months and your estimated capacity for the next 12 months Preferred Area of Operation Please indicate preference(s) as appropriate. Approved contractors will be eligible to work in all areas. Western Port North Port Phillip: Werribee St Kilda Patterson River: Sandringham Patterson River East Port Phillip: Davey s Bay Portsea West Port Phillip: Queenscliff Avalon Specific area only (please specify): Current Insurance Cover Please complete and include copies as appropriate. Public Liability Professional Indemnity Other (please specify) Value Insurer s Name OH&S Please provide an overview of Job Safety Plans or OHS policy. Other Details or Comments Please add any comments or explanatory details in support of your application. (optional) PARKS VICTORIA JUNE 2014 PAGE 13 OF 19

14 B. APPENDIX: REGISTRATION FORM Application for Registration of Interest for Expression of Interest No Authorised Contractor List Mooring Tackle Installations and Inspections (Port Phillip and Western Port) Attn: Brian Kennedy, Parks Victoria. I/we... of...(registered name of firm or company)... (Address of Registered Office) I/we acknowledge that the information provided will form the basis for evaluation of my/our Expression of Interest and accordingly I/we declare that all information is to the best of my/our ability, true and accurate. Privacy Acknowledgement I/we also acknowledge that if successful, my name, business name, business address and phone number will be published on a list of authorised contractors to be made available to all mooring and berthing holders. I/we hereby consent to Parks Victoria including my details on this list. on the.... day of Signature of applicant... (Principal of Firm) Office Held/Authority... Name of Authorised Person... PARKS VICTORIA JUNE 2014 PAGE 14 OF 19

15 C. APPENDIX: SAMPLE BERTH AND MOORING AUTHORITY Authority for the mooring or berthing of a vessel in a regulated area 1. This is an authority pursuant to regulation 212(1)(c) of the Port Services (Local Ports) Regulations 2004 for the mooring or berthing of a vessel in a regulated area. 2. This authority is valid for a period of 12 months commencing on <date>. 3. This authority is valid in respect of vessel <vessel details>. 4. This authority is valid in respect of <owner details>, owner of /equal majority shareholder in the above vessel. 5. This authority is subject to the following conditions: 5.1 This authority applies in relation to <location details> 5.2 The vessel must be maintained in a seaworthy condition and all associated mooring lines and tackle must be maintained to a safe and serviceable condition, at all times. 5.3 The holder of this authority must notify Parks Victoria, within 14 days, of a change in contact details for the holder of this authority, or registration details of the vessel. Parks Victoria will assess the suitability of any proposed changes. 5.4 This authority does not permit any person to reside on the vessel. 5.5 The berth site occupied by the vessel must be kept clean and tidy at all times. At the expiration or cancellation of this authority, the site must be reinstated to the condition prior to the issue of this authority and mooring holders must ensure all mooring tackle is removed unless approved by the port manager. 5.6 Only maintenance and repairs which do not result in the discharge or deposit of materials or waste onto land or into waters of the local port may be carried out in relation to the vessel. Prior authorisation from Parks Victoria is required in relation to all other maintenance or repair to the vessel. 6. Additional conditions in relation to swing moorings: 6.1 New mooring tackle must be laid and the relevant local Parks Victoria office notified within 28 days of the issue of this authority by a mooring tackle contractor who is authorised under the Port Services (Local Ports) Regulations Where an authority is issued in respect of a site which already has mooring tackle, the tackle must be inspected by a mooring tackle contractor who is authorised under the Port Services (Local Ports) Regulations 2004 within 12 months of last inspection (being the date that a tackle inspection report was submitted to Parks Victoria prior to the issue of this authority)]. The associated mooring tackle inspection report must be submitted to Parks Victoria by the holder of this authority within 28 days of the mooring tackle inspection. 6.3 Mooring tackle must, at all times, be maintained in good working condition. The holder of this authority must arrange with their authorised mooring contractor to replace any mooring tackle which is damaged or becomes detached. 6.4 The buoy must display <site reference data> at all times. 6.5 Where mooring tackle is removed for maintenance purposes, the holder of this authority must ensure that a work buoy approved by Parks Victoria is installed by an PARKS VICTORIA JUNE 2014 PAGE 15 OF 19

16 authorised mooring tackle contractor at the site. The total maintenance period for mooring tackle must not exceed 28 days. 7. This authority may be cancelled or varied in accordance with regulation 214 of the Port Services (Local Ports) Regulations This applies to situations where the port manager reasonably believes that: 7.1 There is a risk to property or the safety of persons; 7.2 The mooring or berthing of the vessel interferes with the orderly and efficient management of the local port or of other activities authorised in the local port; 7.3 The holder of this authority has breached a condition of this authority; or 7.4 The holder of this authority has contravened any of the Port Services (Local Ports) Regulations Upon the expiration or cancellation of this authority, unless a new authority has been issued in respect of the vessel, the vessel must be removed from the area. It is an offence under regulations 208 and 209 of the Port Services (Local Ports) Regulations 2004 for a vessel to be moored or berthed in a regulated area without a valid authority. 9. This authority, or its conditions, may at the request of the holder be varied at the discretion of the port manager. A variation to this authority includes a variation to the person or vessel with respect to whom or which this authority applies. 10. This authority may be suspended in accordance with regulation 215 of the Port Services (Local Ports) Regulations This applies where the port manager reasonably believes that: 10.1 There is a significant risk of injury to any person; 10.2 There is a significant risk of damage to any property; or 10.3 There is a significant risk of interference with the orderly and efficient management of the local port or with any other authorised activities in the local port. 11. Failure to comply with the conditions in this authority is an offence under regulation 216 of the Port Services (Local Ports) Regulations This authority must be produced for inspection by the port manager, officer of the port manager or a member of Victoria Police upon request. Failure to produce this authority for inspection is an offence under regulation 218 of the Port Services (Local Ports) Regulations This authority is subject to the Port Management Act 1995, the Port Services (Local Ports) Regulations 2004, the Marine Act 1988 and all other relevant Victorian law, which may be accessed at You may need to refer to these to obtain a better understanding of your legal obligations. 14. The holder of this authority is responsible for contacting and liaising with the authorised mooring tackle contractor to ensure that the site allocated to the authority holder is adequate for mooring or berthing the vessel. 15. Parks Victoria does not warrant that the site (mooring or berth) is suitable for the vessel and is not liable in any way for any loss, damage, or liability suffered by the holder of this authority in relation to the vessel and any associated mooring lines and tackle, or as a result of any action taken by Parks Victoria to ensure the safe and efficient operation of the local port. Issued by the Port Manager for the local ports of Port Phillip/Western Port [Signature] District Manager Port Phillip Western Port PARKS VICTORIA JUNE 2014 PAGE 16 OF 19

17 D. APPENDIX: SAMPLE MOORING CONTRACTOR AUTHORITY Authority to Install and Inspect a Mooring or Berth in a Regulated Area 1. This is an authority pursuant to regulation 212(1) of the Port Services (Local Ports) Regulations 2004 for the installation and or inspection of a mooring or berth in a regulated area. 2. This authority is valid for a period of 24 months commencing on <date>. 3. This authority is valid in respect of company/business/club <company name>. 4. This authority is valid in respect of <company owner>, owner of /equal majority shareholder / office bearer in the above company / business / club. 5. This authority is subject to the following conditions: 5.1 The holder of this authority must notify Parks Victoria, immediately of a change in contact details, insurances or certifications for the holder of this authority. 5.2 The holder of this authority must ensure that no mooring is installed or relocated unless prior authorisation has been granted by Parks Victoria (or its agent). 5.3 The authorised mooring tackle contractor must ensure that any site allocated to the mooring holder is adequate for mooring or berthing of the vessel which is intended to be moored or berthed. 5.4 Parks Victoria (or its agent) does not warrant that the site (mooring or berth) is suitable for the vessel and is not liable in any way for any loss, damage, or liability suffered by the holder of this authority in relation to the vessel and any associated mooring lines and tackle, or as a result of any action taken by Parks Victoria to ensure the safe and efficient operation of the local port. 5.5 The timely installation and inspection of a mooring or berth is an important aspect of maximising safe mooring and berthing practices in Port Phillip and Western Port. The holder of this authority must ensure that once notified by the mooring holder, that inspections are carried out no later than 28 days after being notified by the holder. Any failure to meet this requirement may result in the authority being withdrawn. There may be instances when a Parks Victoria officer will direct certain inspections to be undertaken as a matter of priority. 5.6 The holder of this authority must ensure that the mooring tackle inspection report is submitted to Parks Victoria or a Parks Victoria authorised mooring contractor within 7 days of the mooring tackle inspection. 5.7 The holder of this authority upon installing or inspecting a mooring or berth must advise Parks Victoria or Parks Victoria authorised mooring contractor that the mooring or berth is in good condition and in their opinion is safe for use for the next 12 month period. 5.8 The authority holder must ensure that all equipment used and work practices undertaken are in accordance with National, State and local regulations, standards and legislation. 5.9 Where mooring tackle is removed for maintenance purposes, the holder of this authority must ensure that a recognisable work buoy approved by Parks Victoria is installed at the site. The total maintenance period for mooring tackle must not exceed 28 days Where applicable and at the discretion of Parks Victoria, the holder of this authority may be required to ensure the installation of mooring identification tags supplied by Parks Victoria and standard buoyage When installing or repairing a mooring the authorised mooring contractor will ensure that the components are of appropriate marine grade material, construction has good workmanship, the techniques and materials are consistent with appropriate industry standards and adhere to local mooring field requirements. 6. This authority may be cancelled or varied in accordance with regulation 214 of the Port Services (Local Ports) Regulations This applies to situations where the port manager reasonably believes that: PARKS VICTORIA JUNE 2014 PAGE 17 OF 19

18 6.1 There is a risk to property or the safety of persons; 6.2 The holder of this authority has breached a condition of this authority; or 6.3 the conduct of an activity under an authority could interfere with the orderly and efficient management of the local port or of other activities authorised in the local port. 6.4 The holder of this authority has contravened any of the Port Services (Local Ports) Regulations This authority, or its conditions, may at the request of the holder be varied at the discretion of the port manager. 8. This authority may be suspended in accordance with regulation 215 of the Port Services (Local Ports) Regulations This applies where the port manager reasonably believes that: 8.1 There is a significant risk of injury to any person; 8.2 There is a significant risk of damage to any property; or 8.3 There is a significant risk of interference with the orderly and efficient management of the local port or with any other authorised activities in the local port. 9. Failure to comply with the conditions in this authority is an offence under regulation 216 of the Port Services (Local Ports) Regulations Issued by the Port Manager for the local port of [Port Phillip / Western Port] [Signature] District Manager Port Phillip Western Port PARKS VICTORIA JUNE 2014 PAGE 18 OF 19

19 E. APPENDIX: EXAMPLE PROCEDURE FOR NEW MOORING New Applicant for Mooring / Berth obtains Application Package from or from local Moorings Officer. Owner must be owner of / equal majority shareholder in proposed vessel. Parks Victoria assesses new application & issues invoice. New Applicant pays the Parks Victoria administration and establishment fees and Parks Victoria issues an annual authority to Moor. New Applicant engages the services of an Authorised Mooring Tackle Contractor. New Applicant completes a New Installation Mooring Form, returning it with the Mooring Assessment Report, supplied by the Authorised Mooring Tackle Contractor, to the Parks Victoria local office. The Authorised Mooring Tackle Contractor assesses the suitability of the site (which must be within a mooring set-aside area) and completes a Mooring Assessment Report, returning it to the New Applicant. The Report must be to Parks Victoria s specifications with GPS (WGS 84) Degrees:Minutes:Minutes reading of the proposed mooring location and tackle to be used. Parks Victoria contacts the nominated Authorised Mooring Tackle Contractor and gives authorisation to install the mooring. Authorised Mooring Tackle Contractor installs mooring tackle as per local Parks Victoria specifications and issues Parks Victoria with a Mooring Inspection Report confirming GPS location and date of installation. PARKS VICTORIA JUNE 2014 PAGE 19 OF 19