That the Tor Bay Harbour Operational Moorings and Facilities Policy 2025-26 as attached at Appendix 1 to this Record of Decision be approved.

To ensure that ‘all’ annual facility boat owners have insurance cover for wreck recovery from the Torbay Harbour Authority area.

That the Policy remains as noted by the Harbour Committee 2 December 2024.  This was not recommended as it currently states that it is strongly recommended that annual facility boat owners insurance cover includes a wreck recovery clause but it is not mandatory. 

Immediately.

The Harbour Committee on 2 December 2024 considered the submitted report on the annual review of the Tor Bay Harbour Operational Moorings and Facilities Policy 2025/26 and noted that there were no changes to the previous year’s Policy 2024/25, that had been approved on 4 December 2023 – see Agenda for Harbour Committee on Monday, 2 December 2024, 5.30 pm

Following consideration of the risk assessment arising from Storm Darragh, the Interim Harbour Master exercised his delegated powers to amend the Tor Bay Harbour Operational Moorings and Facilities Policy as follows:

Risk, Liability, Insurance Requirements and Recommendations

(Facility Agreement Conditions 1, 2, 3, 4 & 5)

All reasonable care will be taken of the facility holder’s property but whilst precautions will be taken to prevent loss and/or damage all vessels are berthed, moored, launched, moved and hauled out at the risk of the applicant.  The applicant is therefore required to make sure that his/her vessel and property are adequately insured against all risks. Insurances shall be maintained and evidence that the vessel is insured shall be provided to Tor Bay Harbour upon request. Vessels found to be without insurances may have an allocated berth cancelled.

If the vessel sinks at the mooring or within the harbour limits it will have to be recovered and removed from the harbour by the vessel’s owner.  Failure to remove such a vessel from the harbour in such a period as shall be specified by the Harbour Master in his absolute discretion (including immediate notice) will result in the Council recovering and removing the vessel and the appropriate charges being made.  Such charges shall be a debt due from the Facility Form Agreement holder to the Authority.  It is therefore compulsory that your insurance policy includes a ‘wreck removal’ clause.

None.