Club Rules

Current as at Amended 06.03.2020

GENERAL

1. Entry into, and occupancy of, the Atlantis Yacht Club Marina (Marina), is in accordance with the Atlantis Yacht Club Marina Berth Sublease (Marina lease) signed by each berth occupier or a person who has entered into a Licence or other Agreement to occupy a marina berth (Berth Owner or occupants or occupier). Nothing in these Yacht Club Rules (“Rules”) shall be construed to alter, in any way, provisions of the Marina Lease.

Non-Residents of either Atlantis East or Atlantis West are not permitted to have occupancy of a Marina Berth.

A Berth Owner must be the owner of a residential Unit in either Atlantis East or Atlantis West.

A Berth Owner can be either a person or an entity beneficially held by a person so long as they are included in the Register of Members of Atlantis Yacht Club Pty Ltd (A.C.N 010 517 490).

Vessels that are partially owned (less than 100% ownership) by either the Berth Owner, berth occupants or occupier cannot be moored at the Marina unless both the Berth Owner and/or occupants/occupier are each the owner of a residential Unit in either Atlantis East or Atlantis West.

For example:

(a) vessels that are not owned 100% by the Bert Owner cannot be moored at the marina unless the vessel owner is the owner of a Unit in either Atlantis East or Atlantis West and has entered into a Licence or other Agreement with the Berth Owner to occupy the berth.

(b) vessels that are owned in part (less than 100%) by persons or entities that are the owners of a residential Unit in either Atlantis East or Atlantis West can be moored at the Marina only if the collective ownership of the vessel (100%) is held by persons or entities that are owners of a residential Unit in either Atlantis East or Atlantis West.

(c ) vessels that are partially owned (less than 100%) by the owner of a residential Unit in either Atlantis East or Atlantis West cannot be moored at the Marina.

(d) a resident of either Atlantis East or Atlantis West who is the sole owner (100%) of a vessel may, during the period of their residency, have access to the Marina but only after they have entered into a Licence or other
Agreement with the Berth Owner to occupy the berth.

(e ) an owner of a berth may, so long as they comply with Rules 4 and 5, moor a vessel not owned by them in their berth so long as the vessel is used for their personal use and that they do not permit access to the Marina by any person who is not a resident of either Atlantis East or Atlantis West other than as a guest.

2. All persons visiting the Marina do so at their own risk.

3. No vessel is to operate commercially from the Marina.

4. Owners, Skippers or Technicians on any vessel moored at AYC Marina are not permitted to run the vessel’s engines in gear.

OCCUPANCY

5. Only vessels owned 100% by either Berth Owners or a person who has entered into a Licence or other Agreement with the Berth Owner, as set out in Rule 1 may occupy a marina berth but only after Atlantis Yacht Club is satisfied that the vessel:

(a) complies with the berth length of the specific marina berth; and

(b) Is appropriately insured prior to mooring.

6. All vessels must be registered with the AYC prior to mooring to ensure compliance with the berth size and holding of insurance policy.

7. Each marina berth has a specific plan and area in which vessels are permitted to be moored. Vessel and floating marina are not to protrude outside the Marina berth area unless specific approval has been granted in writing by the directors of AYC. The directors of AYC can, at their sole discretion and without explanation, refuse permission for either a floating marina or the mooring of a vessel in a marina berth because of the protrusion outside the Marina berth area. If the directors of AYC grant permission for either a floating marina or mooring of a vessel in a marina berth all associated risks are held by the floating marina owner or vessel owner.

8. No sub-lease or licence may be granted without the written consent of the Directors of Atlantis Yacht Club.

9. All levies and relating charges are to be paid when details of the levies and charges are received by the Berth Owner whether or not the berth is occupied.

10. Only vessels in seaworthy condition and under their own power will be admitted to the Marina. All vessels must be registered, identified, marked, equipped and maintained as required by law and safe practice to the satisfaction of the Atlantis Yacht Club.

11. Owners are not to rent their vessels while in the Marina for any purpose. 12. Vessels while in the Marina are not to be used for the purpose of living aboard.

13. Vessels moored in water, and on Dock Lifts, non-mechanically moored on 6 outside berths, their length must not exceed the maximum centre line water length on our AYC Marina Plan. Mechanically held Dock lifts are not permitted to be moored in any outside berth.

14. IMPORTANT NEW RULE, THE LONGEVITY OF AYC MARINA MUST BE PROTECTED.

From 31st March 2020 please be advised that no more additional vessel flotation devices will be permitted to moor in the AYC Marina, including Powered Dock Lifts, Powered Inflatable Floating Docks and Non-Inflatable Floating Docks will not be permitted to replace either the vessel or it’s dock, both must be removed from our AYC Marina, the vessel can be anti-fouled and returned to our AYC Marina and must be moored compliantly.

Exception; mechanically moored Jet Skies, Small Dinghies on Floats are permitted to moor compliantly and must be hand winched, not power driven on to their respective Dock.

15. Vessels of all types moored in any of the 23 inside berths, their maximum overall length above water length must not protrude more than 2 metres past the longest adjacent pontoon finger.

16. Vessels on inside berths moored on mechanically held floating Inflatable docks, or rope moored Floating Inflatable Docks must not be power driven on to dock their vessel. All such vessels must be winched on to their Dock.

17. All vessels permitted to be moored in any of the 6 outside berths, must be moored compliantly to our AYC Mooring Compliances dated 30 January 2020, minimum recommended 3 strand nylon polyester black UV resistant rope 14mm diameter, B. Strain 2,700kgs.

18. All in water vessels and sea pens permitted to be moored in any of the 23 inside berths, must be moored compliantly to our AYC Mooring Compliances dated 30 January 2020, minimum recommended 3 strand nylon polyester black UV resistant rope 12mm diameter, B.Strain 1,500kgs.

19. All other types vessels, not including dock Lifts, permitted to be moored in any of the 23 inside berths, must be moored compliantly to our AYC Mooring Compliances dated 30/01/2020, minimum recommended 3 strand nylon polyester black UV resistant rope 12mm diameter B. Strain 1,500kgs.

20. All Dock Lifts, permitted to be moored in any of the 23 inside berths, must be moored compliantly to our AYC Mooring compliances dated 30 January 2020, minimum recommended 3 strand nylon polyester black UV resistant rope 14mm diameter B. Strain 2,700kgs.

21. All Jet Ski Docks and Dinghy Docks must be compliantly fixed and secured, to the whaler board with 316 s/s fixings, compliant to the manufacturers specifications at all times. All Jet Skies or Dinghy Docks must be winched onto their respective dock.

22. Each compliant mooring line rope must be in one piece, no joins.

INSURANCE

23. All vessels occupying a marina berth must be insured with an insurer accredited with the Australian Prudential Regulatory Authority (APRA). The insurance cover must have at least $10,000,000 indemnity limit for damage caused to other vessels, property and bodily injury plus a total current market cover for own vessel.

ELECTRICITY CONNECTIONS

24. Electrical cables are to be kept safe and tidy at all times.

25. Excess cable is to be kept onboard the vessel.

26. At no time should cable be coiled around any part of the cleats.

27. When departing the Marina, all electrical power is turned off, electrical cable disconnected and removed from the Marina.

MARKETING AND BROKERAGE

28. A vessel may display a “For Sale” sign if for private sale by the owner. If it is deemed by the Atlantis Yacht Club that the vessel owner is carrying on a business the Marina Lease or Licence or other Agreement with the Berth Owner may be terminated.

29. No brokerage activity is permitted on the Marina.

REPAIRS AND MAINTENANCE

30. Major repairs or refits are prohibited within the Marina.

31. Minor repairs, internal painting, mechanical adjustment, varnishing, epoxy and electrical work is permitted providing the work does not interfere with normal marina operations.

32. All contractors working on Atlantis Yacht Club property must be inducted to the Atlantis Yacht Club workplace health and safety policy.

33. Contractors and tradesmen, holding current valid insurance which includes public liability and removal of wreck provisions of not less than five million dollars ($10,000,000) are permitted onto the Marina to work on vessels, provided that such work does not contravene other regulations.

34. Contractors and tradesmen are to supply their own trolley.

35. Welding, metal grinding or cutting and spray painting is prohibited on the Marina.

36. Sanding and painting on the walkways and fingers is prohibited.

37. The use of sanders and scrapers must be contained on the vessel and vacuumed to avoid pollution and soiling other vessels.

38. Any damage caused to the marina walkways and fingers by either occupants, their guests or contractors is to be rectified at the costs of the person responsible for the damage as determined by the Directors of Atlantis Yacht Club.

39. All vessel owners must submit, prior to their vessel’s initial entry to our marina, and annually by 1st December, each year, copy of their vessel’s current insurance policy for a minimum Public Liability of $10 million dollars, against damage caused while mooring their vessel or as moored in our AYC Marina, to our AYC Chairman.

40. All vessel owners are permitted to wash and clean their vessels in the marina, and carry out only minor repairs, but never to attempt any major structural, engine repair, replacement or vessel upgrade.

41. All vessel owners are permitted to service their vessel’s engines and minor repairs in our AYC Marina.

42. All vessel owners when undertaking items 29 and 30 above must be aware and compliant with, Queensland Government’s Environmental Protection Agency Laws, pertaining to their rules and regulations regarding moored vessels.

CLEANLINESS AND BEHAVIOUR

43. Vessel owners are responsible to keep their vessels in such condition that they do not become unsightly or dilapidated or reflect unfavourably on the appearance standards of the Marina. Decks of all vessels, walkways and fingers shall be kept free and clear of debris, bottles, papers, trash or other unsightly material at all times.

44. Hoses should be attached to taps to ensure they are readily accessible in an emergency but should be stored neatly so as not to obstruct either the walkway or finger when not in use.

45. Only lockers attached to the walkways can be used for the storage. Storage of items outside these lockers on walkways or fingers is not permitted.

46. Bicycles, skateboards, skates etc. shall not be ridden on any walkway or finger.

47. Laundry of any type or an item of a personal nature shall not be hung out to dry or air in public view aboard any vessel or any walkway or finger.

48. Noise shall be kept to a minimum at all times. Owners should use discretion operating radios or musical apparatus so as not to cause undue disturbance to others either in the Marina or in either Atlantis East or Atlantis West.

49. Refuse, garbage and plastic bags shall not be thrown overboard.

50. Oils, spirits, inflammables, oily bilge refuse, toilet and shower effluent shall not be discharged in or around the Marina or into the Nerang River.

51. Other than from divers engaged to inspect and clean boats in the Marina, swimming and diving within the Marina is prohibited.

52. Disorderly or raucous conduct by an occupant, or their guests, can be grounds for Directors to immediately terminate the Marina Lease.

53. Children shall be supervised and accompanied by an adult at all times.

54. Trolleys are not to be left on any walkway or finger when not in use as these can be an obstruction in the case of an emergency.

55. All vessel owners to report all defects, damage and potential safety aspects, within our AYC Marina to our current AYC Chairman.

56. All vessel owners must keep their marina clean, neat and tidy. No gangway is to be obstructed. All pylon roller systems must be kept 100% clear of obstructions.

DINGHIES

57. Vessel owners are encouraged not to leave dinghies/tenders in the water in the Marina and to store them on board. Dinghies/tenders can be left in the water if desired by the occupant so long as they are within the designated marina berth and do not protrude outside this area.

SAFETY

58. All vessels are to be fitted with adequate and up-to-date fire fighting appliances including dry chemical powder extinguishers as required by the boat manufacturer.

59. Other than fuel containers for dinghies/tenders no materials of a dangerous, flammable or explosive nature are to be kept or stored on a vessel in the Marina.

60. On departing, mooring lines are to be left on the walkways or fingers, power is turned off and power leads disconnect and removed.

61. No vessel is to be moored as to project anchors or bow-sprits over walkways. 62. Vessels can be removed from the Marina berth in the case of an emergency that threatens the safety of any Marina, stakeholders or property.

63. Unless approved in writing by Atlantis Yacht Club, no item or object can be permanently attached to the Marina. Examples include floating pontoons, pump boxes for floating pontoons, tool and storage boxes, additional cleats or bollards.

64. All vessel owners must keep their vessels moored 100% compliantly, to our Structural Engineer’s advice/drawings/illustrations dated 31/03/2020, and if necessary seek help from The Southport Yacht club personal, to ensure compliant mooring procedures, and make a donation to the Southport Yacht Club.

65. All vessels to be connected to our AYC Marina, 240volt, 15 amp service consoles, their power lead must not be coiled, installed as short in length as possible. This power lead to be initially compliantly tagged prior to connection to our service console and annually inspected and tagged compliantly, by a certified electrician, no later than 1st December each year.

66. All vessel owners must secure any 240 volt powered system, that must be in compliance and maintained in compliance with electrical standards for our marina environment and applications, with 316s/s fasteners to their adjacent triangular insert, and not restrict access to the console power switch and re-set panel.

67. Wash down hose to be kept in retractable hose reels, mounted to pivot on the triangular infills, with a 316 s/s swivel base secured by 316 s/s fasteners; all as supplied by our AYC.

68. All vessel owners must not leave their vessel’s anchor protruding over the pontoon gangway, all such anchors must be stored securely on the vessel’s deck.
69. All vessel owners with their moored vessel’s bow partially protruding over any gangway, must attach a yellow warning flag [danger], to the bow of t heir vessel.

70. Refuelling vessels, smoking, welding, or flame heating on board vessels, storage of dangerous chemicals anywhere in our AYC Marina is not permitted, irrespective of circumstances.

71. All loose items to be stored in a secured black plastic tub, with water drain holes, on the adjacent triangular infill.

72. All vessel owners are permitted to wash and clean their vessels in the marina, and carryout only minor repairs, but never to attempt any major structural, engineer repair, replacement or vessel upgrade.

73. Paddle boards are permitted to be locked and stored in “Lock-rack-Brackets”, securely mounted on a main walkway whaler board, with minimum walkway obstruction. Permits, photograph and drawings are available from our AYC Chairman.

PETS

74. Animals are prohibited on the Marina or on vessels berthed within the Marina.

SECURITY

75. Marina occupants are responsible for the security of their own vessel.

76. Access to the Marina is via security, locked gates. Each marina berth owner initially receives 2 keys.

77. Random patrols are conducted by security officers, and C.C.T.V is recording 24/7 all 6 marina main gangways, and activities.

NON-COMPLIANCE WITH RULES

78. Berth Owners and berth occupants (being occupants pursuant to a sub-lease or Licence Agreement with a Berth Owner) who breach any of the Rules may have their Berth Lease or Licence Agreement terminated respectively.

79. Guests who breach any Rules will be asked to leave the Marina.

80. Contractors who breach any Rules will be suspended or banned from working on the Marina.