❓ Hon Ken Travers asks about the legality, rules, and departmental awareness of sub-leasing government moorings, revealing a lack of enforcement despite regulations. The response clarifies the department's position and practices regarding moorings.
AnsweredQoN 1914Legislative Council
QuestionView source ↗
(1) Could the Minister advise whether people are allowed to sub-lease moorings leased from the Government?
(2) What are the rules around sub-leasing?
(3) Is the Department aware of how much is being charged to sub-lease?
(4) How much does the Department of Transport charge to lease a mooring?
(5) Do leaseholders have to return moorings if they do not use them?
(6) Is there a waiting list for moorings?
(7) If yes to (6), how long are the waiting periods?
(2) What are the rules around sub-leasing?
(3) Is the Department aware of how much is being charged to sub-lease?
(4) How much does the Department of Transport charge to lease a mooring?
(5) Do leaseholders have to return moorings if they do not use them?
(6) Is there a waiting list for moorings?
(7) If yes to (6), how long are the waiting periods?
AnswerView source ↗
Answered
20 April 2010
Responded by
Minister for Transport
Response time
48 days
(1) No.
(2) The practice of 'sub-leasing' moorings in the Swan and Canning Rivers and Mangles Bay is not sanctioned by the Department of Transport and as such there are no rules in place to facilitate or encourage the practice. Regulation 14 of the
Mooring Regulations 1998
states that the Minister may cancel a mooring licence if 'of the opinion that the mooring licensee has failed to comply with a condition of the licence'. However, to the best of my knowledge, the Department of Transport has never allocated resources to detect or challenge the sub-leasing of a mooring licence or cancelled a mooring licence for that reason. Strategies to address this issue are currently under consideration.
(3) No.
(4) The Department of Transport does not lease moorings.
(5) No. However, licensees are required to have a nominated principal vessel registered to them. In the event that they sell that vessel, they must nominate a new vessel within six months in order to retain the mooring licence.
(6) There is currently no wait list in place for the Swan and Canning River Mooring Control Area. There is a wait list in place for the Mangles Bay Mooring Control Area following the establishment of a moratorium in 2007 ahead of the planned introduction of mooring licences in 2010. However, it should be noted that the
Mooring Regulations 1998
currently do not apply to the Mangles Bay Mooring Control Area.
(7) Not applicable.
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(2) The practice of 'sub-leasing' moorings in the Swan and Canning Rivers and Mangles Bay is not sanctioned by the Department of Transport and as such there are no rules in place to facilitate or encourage the practice. Regulation 14 of the
Mooring Regulations 1998
states that the Minister may cancel a mooring licence if 'of the opinion that the mooring licensee has failed to comply with a condition of the licence'. However, to the best of my knowledge, the Department of Transport has never allocated resources to detect or challenge the sub-leasing of a mooring licence or cancelled a mooring licence for that reason. Strategies to address this issue are currently under consideration.
(3) No.
(4) The Department of Transport does not lease moorings.
(5) No. However, licensees are required to have a nominated principal vessel registered to them. In the event that they sell that vessel, they must nominate a new vessel within six months in order to retain the mooring licence.
(6) There is currently no wait list in place for the Swan and Canning River Mooring Control Area. There is a wait list in place for the Mangles Bay Mooring Control Area following the establishment of a moratorium in 2007 ahead of the planned introduction of mooring licences in 2010. However, it should be noted that the
Mooring Regulations 1998
currently do not apply to the Mangles Bay Mooring Control Area.
(7) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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