(1) The control of fixed moorings, between mean High Water marks from Early Creek to Green Point, in The River Deben, has been invested by the Crown Estates Commissioners in the Ramsholt Fairway Committee. Inconsequence, the Committee is responsible for maintaining a clear fairway and for the allocation and positioning of fixed mooring sites within the above defined area.
(2) Conditions on which sites are allocated are as follows:-
a) Application must be made in writing to the Secretary of the Committee, stating class or type, tonnage, overall length and draught of the boat to be moored. The Committee shall consider all applications received and shall allocate sites according to availability and all other relevant factors. Moorings are allocated at the discretion of the Committee who shall not be bound to give reasons for their decision in any case.
b) The allocation of a site to an applicant shall be deemed to be by way of licence only for the personal use of the licensee for the year (April 1st to March 31st). The licensee has no title to the site which shall not be assigned, transferred or exchanged with a third party, nor sub-licensed, let or otherwise shared or parted with, without the consent in writing of the Committee, who reserve the right to refuse to grant such consent in its absolute discretion. In the event of any licensee requiring consent for temporary use of the mooring by another party, he/she should first consult with and obtain the approval of the Harbour Master. The Committee reserves the right to refuse to renew any licence for the ensuing year.
c) On allocation of a site, the payment of the annual charge and laying the mooring shall be regarded as acceptance by the applicant of the terms and conditions set out in these Rules & Regulations or any additions or alterations thereto passed by the Committee from time to time and communicated to the licensee.
(3) The licensee is responsible for:-
a) The laying and maintaining of the mooring tackle in the position allocated and to the satisfaction of the Harbour Master. During the licence the mooring tackle remains the property of the licensee but if the site is relinquished, he/she must either remove the tackle or dispose of it to the next occupier of the site within one month (or such further period as the Committee may allow), failing which the Committee shall be entitled to remove such tackle at the cost of the licensee and dispose of it in such manner as it decides.
b) The suitability of the mooring tackle, the safety of the vessel and any damage, which may result from the use of the mooring. The Committee accepts no responsibility whatsoever in respect of the mooring, in particular the allocation of the site by the Committee to the licensee shall not be deemed to infer any warranty on the part of the Committee that the site is suitable for the boat for which it is allocated.
(4) The Committee is responsible to The Crown Estates Commissioners for the annual rent of the riverbed. To raise this sum, and cover operating costs, the Committee is empowered to make an annual charge for the morning licence, which is reviewed periodically and calculated by reference to the overall length of the vessel.
Annual charges are payable in advance and must be received by the Secretary by June 30th in the year to which the same relate, failing which the licensee shall be deemed to have relinquished his/her licence and the site will be reallocated.
Such charges are exclusive of any tax, levy or other outgoings arising by virtue of the use or occupation of the site or the grant of the licence, which shall be borne by the licensee in addition to such annual charge. In the case of any outgoings levied on the moorings collectively the same shall be apportioned between licensees in such manner, as the committee shall deem to be fair and reasonable. The Committee's decision shall be final and binding.
(5) a) When a mooring site is allocated, it is the licensee's responsibility to ensure that the mooring is laid and buoyed within one year. Furthermore, it is also the licensee's responsibility that their mooring is properly bouyed and numbered in figures (at least four inches high), indicating the number allocated to the mooring site by the Committee, by the 1st of June each year. The Committee reserves the right to revoke the licence and reallocate the mooring if it is not buoyed for a period of one year.
b) The committee reserves the right to remove any mooring laid without the Committee's consent and also to require the movement of any mooring which is incorrectly positioned in respect of which the decision of the Harbour Master shall be final and binding upon the licensee.
c) Before changing size or type of boat placed on a mooring, the licensee must consult with the Harbour Master to ensure that the mooring site is suitable for the new boat (see paragraph 2a above). The Committee shall be entitled to determine the licence if in the Committee's opinion the size of boat is unsuitable for the site allocated.
(6) For commercial use, the Committee has allocated one mooring site to each of certain boatyards on the river. This may be in addition to a site held by individuals for their own personal use. In the case of commercial sites, the following additional provisions apply:-
a) Whilst the boatyard may use the site for the temporary mooring of any boat held by it in the ordinary course of its business (apart from the business of hiring or letting of moorings) up to the maximum designated length for such site as agreed in writing by the Committee from time to time, the site shall not be sublicensed, hired or possession of the same otherwise parted with to third parties.
b) The annual charge payable under paragraph 4 shall be based upon a scale of charges fixed by the Committee in respect of the commercial moorings from time to time and shall be calculated by reference to the maximum designated overall length of boat permitted by the Committee for such site.
(6) continued:
c) The boatyard shall supply in writing to the Committee from time to time such information, as the Committee shall reasonably request whether concerning the ownership or use of the boats, the mooring site or otherwise in order to determine that there has been no breach of these provisions.
(7) The licensee shall:-
a) Effect and maintain, and produce evidence annually to the Committee, of adequate third-party insurance throughout the term of the licence, covering any liability, damage or pollution sustained or caused by the licensee for each of his/her vessels or sustained or caused by his/her crews guests visitors subcontractors arising from the use or occupation of the mooring site or any act or neglect in respect of the same, together with adequate salvage insurance for each vessel.
b) Indemnify the Committee against all losses damage costs claims or proceedings incurred by or instituted against the Committee, its servants, agents, licensees or subcontractors, except to the extent that such loss damage claims costs or proceedings may be caused by the wilful act of the Committee or its employees or agents, or other act or neglect for which by law liability cannot be excluded and of which the Committee has had prior notice.
c) At their own cost, make good to the satisfaction of the Committee, any damage, pollution or injury that may arise from or which may be caused by the maintenance, repair, removal, or reinstatement of the mooring or by any failure or defect therein, and to indemnify and keep indemnified the Committee and its staff, servants and agents from and against all actions, proceedings, costs, damages, expenses, claims and demands incurred inconsequence of the exercise by the licensee of the licence and the permission hereby given, or in any consequence of any breach or non-observance of any of the agreements and conditions of the licensee’s part contained in this licence.
d) Not remove or permit to be removed any sand stone beach shingle or other materials from the site and its immediate vicinity and to use his/her best endeavours to prevent illegal or unauthorised removal of these materials.
e) Promptly notify the Harbour Master and Committee in writing of any circumstances that become apparent, which may cause damage to any craft or moorings.
8) The Committee shall not be:-
a) Responsible for any damage that may be suffered or occasioned by the licensee, or the vessel intended to be moored under the licence or any other property of the licensee inconsequence of granting this licence.
b) Liable whether in contract, tort, or otherwise for any loss, theft, or any other damage of whatsoever nature caused to any vessel or any other property of the licensee or others claiming through the licensee except to the extent that such loss theft or damage may be caused by the wilful act of the Committee or its agents, or any other act or neglect for which by law liability cannot be excluded and of which the Committee has had prior notice.
c) Responsible for any consequential loss, however arising.
9) Facilities ashore do not come within the jurisdiction of the Committee.
All inquiries connected with such matters, include car and dinghy parking at Ramsholt, should be addressed to the agent of the landowners:-
David Brien, Estate Manager. The Estate Office, Alderton House, Woodbridge, Suffolk IP12 3AF
Tel: 07741 365 819.
Email: david.brien@bawdseyestate.com
10) In the event of any breach of any of the terms of these Rules & Regulations by the licensee the Committee shall be entitled to determine the licence granted on one month’s notice in writing, which shall be deemed to have been validly served if sent by prepaid registered post or recorded delivery to the last known address of the licensee.