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Old 20-04-2010, 00:03   #1
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Location: Sydney, Australia
Boat: Duncanson 29, 29', Lea Rig
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Australia NSW Swing Mooring with Boat Share

Hi. Tried searching the forums to no avail. Here's a question; myself and 2 mates went equal 3rds in a small yacht when we were younger and sillier about 10 yrs ago. At that time we got a swing mooring in Middle Harbour, Sydney.
A few years in, it Guy1 sold out to the remaining pair. Now Guy2 wants to sell as he has moved interstate and has a young family. Which is all fine but in NSW you can only have 1 name on the boat rego and that same name on the mooring licence even though for purchase, insurance etc its under all the share names. At the time it was put under Guys2 name.
Now I find out that if Guy2 sells I have to transfer the name of owner from Guy 2 to me as we are unable to put 2 names on the boat rego. This is all ok except that would then mean that I cannot simply do the same with the mooring as now there is a waiting list in my area so I have to relinquish our (my) mooring and go on the waiting list! Despite being essentially the organising force of this boat share and choosing this location amongst a few options when there was no waiting list 10 years ago! Anyone who knows Sydney Harbour is getting quite crowded and any available spot would not be in a favourable location, and then there's the cost of relaying the ground tackle etc.
I have explained the situation to Waterways a few times now and I go round in circles. The owner of the mooring can be a "equal majority shareholder of the vessel", ie acknowledging a boat share, but we cannot transfer the name of the mooring to another equal majority shareholder of the vessel.
Private boat shares are not new, I see them advertised all the time, surely this is not the 1st time. Does anyone have any advice?
cheers Dave (Duncanson 29)
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Old 20-04-2010, 00:18   #2
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The problem is that the person you get on the phone is not qualified, authorised or even experienced enough to make a call on something that doesn't fit the guidelines - so they say it can't be done.

You got to keep bumping it up the line until you reach someone allowed to fix it. Keep asking the person you are speaking to if they can fix your problem or not - if not then ask for their boss.

Sooner or later you will get the person who can fix it or direct someone to fix it the commonsense way. Stay polite and don't get angry.

If you get nowhere then I'd suggest your local state member. There is nothing that our state government employees hate more than when the minister's staff ask their boss to look into or fix a situation. Often they fix it just to make it go away.

I have used both methods in the past quite successfully but not in your exact situation - but it is the path I'd be taking.

Good luck.

Simon
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Old 20-04-2010, 17:11   #3
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Why don't you just get guy two to change the contact address on the documents to your address, and just do the renewal for him when it comes up. Waterways just want your money so they're not going to hassle unless you hold it under thier nose.
Regards, Richard.
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Old 20-04-2010, 21:27   #4
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Just have a little agreement between you and Guy 2 that leaves his name there for Maritime mooring purposes and adopt the address method in the previous post.

NSW Maritme have a great in house lawyer who will probably look after it for you as her private client in work time. Ooops .............ICAC !!!!!
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Old 20-04-2010, 21:49   #5
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Law abiding Aussies...

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From the Maritime Authority website:-

Quote:
Transferring of a Private Mooring Licence

Transfer of a Private Mooring Licence is subject to conditions and subsequent approval by NSW Maritime. An Application for Transfer of Private Mooring Licence (which incorporates a Statutory Declaration - Vessel Ownership) must be completed and submitted together with the appropriate fee.
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