S.L. 499.10 Art. 9Manager of a yachtingcentreand responsibilities of the operators of yachting centres.

(1) All operators of yachting centres shall appoint and keep a manager for the yachting centres they operate.

(2) Without prejudice to the provisions of any other law or regulations, operators of yachting centres shall be responsible for:

(a) the overall management, control and good order of the yachting centre;

(b) the overall safety and security of all the persons, yachts and other craft using the facilities of the yachting centre;

(c) the provision of safe and adequate facilities for the berthing and mooring of yachts and other craft;

(d) ensuring that all the facilities of the yachting centre are subject to regular and proper maintenance and surveyed at least every five years by a competent person: Provided that maintenance records and survey reports shall be adequately kept and made available to the Authority upon request;

(e) the adequate provision of first aid facilities, certified fire-fighting equipment and pollution prevention and response equipment;

(f) the adequate provision of waste, garbage and other refuse reception, collection and disposal facilities;

(g) the provision of all the lifebuoys, lifelines and safety ladders according to the number of yachts and other craft that may use the facilities of the yachting centre;

(h) ensuring that all the equipment listed in paragraphs (d), (e) and (f) is fully functional and in a good state of repair at all times;

(i) establishing and keeping in force an updated emergency response plan, which shall be submitted to the Authority for its approval, and which shall include as a minimum:

(i) a site plan showing the location of all the emergency response equipment and emergency shut offs;

(ii) procedures to be followed in the case of fire;

(iii) procedures to be followed in the case of fuel and hazardous waste spills and any other pollution;

(iv) procedures to be followed in the case of a medical emergency; and

(v) procedures to be followed for evacuation.

(j) ensuring that the fairway and the established approaches of the yachting centre are not obstructed at any time;

(k) the removal of any sunken craft or other object causing a danger to navigation or posing an environmental risk;

(l) ensuring that the foreshore areas contiguous to the yachting centre, and which are under the control of the operator of the yachting centre, remain open to the general public at all times;

(m) granting access to disabled persons and persons with reduced mobility;

(n) ensuring that the yachting centre is adequately managed at all times;

(o) ensuring that maintenance works and repairs to the yachts and other craft in the yachting centre are limited to those of a minor or routine nature and shall only include operations that do not result in polluting water or air or cause a nuisance to the other users of the yachting centre: Provided that such works or repairs shall at no time violate the safety, security and welfare rights enjoyed by any person or yacht or other craft using the facilities of the yachting centre;

(p) issuing and maintaining in force at all times adequate insurance policies covering the yachting centre and all the persons, yachts and other craft using the yachting centre, and that copies of such insurance policies or their renewals shall be made available to the Authority upon request; and

(q) ensuring full compliance with all the applicable laws and regulations in force from time to time, especially those laws and regulations regulating the safety and security of persons, yachts and other craft, pollution prevention and response, and waste, garbage and other refuse reception, collection and disposal, and with any directive given by the Authority from time to time.