Western Australian Current Regulations

ROTTNEST ISLAND REGULATIONS 1988 - REG 22

22 .         Offer and acceptance of licences

        (1)         If the Authority is satisfied that a mooring site is available for allocation in a mooring area the Authority shall, by written notice — 

            (a)         offer a mooring site licence in respect of the mooring site to the first applicant recorded at the time on the waiting list for that mooring area as having made an application that, having regard to the specifications of the vessel in the application, is appropriate for that mooring site; and

            (b)         give the applicant contact details of the previous licensee of the mooring site to allow the applicant, if he or she so wishes, to negotiate with that licensee for the purchase of the mooring on the mooring site to which the licence relates.

        (2)         The Authority shall send the notice to the address specified in the application.

        (3)         When accepting an offer, the applicant shall — 

            (a)         give the Authority written notice as to whether the applicant has, or has not, reached an agreement with the previous licensee to acquire the mooring; and

            (b)         pay to the Authority — 

                  (i)         the annual mooring site licence fee set out in Schedule 7; and

                  (ii)         the annual admission payment in respect of the vessel to be licensed.

        (4)         When — 

            (a)         the Authority is notified of acceptance of an offer; and

            (b)         the prescribed payments are made under subregulation (3); and

            (c)         the Authority has received evidence satisfactory to the Authority that the applicant has acquired the mooring on the mooring site or that the applicant does not intend to acquire the mooring; and

            (d)         if the applicant has acquired the mooring, the Authority has received a mooring inspection report in respect of the mooring,

                the Authority shall grant the mooring site licence to the applicant.

        (5)         If, for any reason — 

            (a)         the applicant does not accept the offer in accordance with its terms within 14 days of receiving notice of the offer, or such further time as the Authority may by written notice allow; or

            (b)         the applicant accepts the offer under paragraph (a) but the evidence referred to in subregulation (4)(c) and, if required, the mooring inspection report referred to in subregulation (4)(d) are not provided to the Authority within 28 days of receiving notice of the offer, or such further time as the Authority may by written notice allow,

                then — 

            (c)         the offer lapses; and

            (d)         the Authority shall remove the name of the applicant from the waiting list; and

            (e)         the Authority may make the offer to another applicant.

        (6)         Nothing in subregulation (5) prevents an applicant from making a further application for a mooring site licence.

        [Regulation 22 inserted: Gazette 4 Jul 1997 p. 3517‑18; amended: Gazette 19 Jun 1998 p. 3303; 7 Dec 2001 p. 6188.]