All property owners in Sylvania Waters are invited to become members/shareholders of the company.
Because Sylvania Waterways Limited owns the seabed, shareholders are able to enjoy waterfront boating facilities free of charge following a one off membership fee, and providing waterfront facilities are maintained to appropriate standards, a one-time licence fee.
This section sets out the company rules and procedures which all property owners should be familiar with.
All Sylvania Waters waterfront properties are obliged to comply with a covenant; item 13 of that covenant reads:
“No structure other than a pontoon supplied or approved by the transferor company (Sylvania Waterways Limited) shall be erected in, on or under the said water”
Accordingly, providing it is of a type supplied or approved by Sylvania Waterways Limited, residents can have and use a pontoon.
Company Articles provide additional rights for shareholders. Subject to certain conditions, these rights include:
Existing pontoons and mooring poles may not be automatically replaced or repositioned without prior reference to Sylvania waterways Limited.
“New” property owners do not automatically have the right to use existing mooring facilities which Sylvania Waterways Limited has licensed to a previous property owner. Ownership of these facilities transfers to Sylvania Waterways Limited until such time as the new owner subscribes to a shareholding in Sylvania Waterways Limited.
Licences can only be issued to Members who comply with all Sylvania Waterways Limited’s regulations as well as all covenants.
In summary, all waterfront owners acknowledge that the seabed is “private land” owned by the Company and treat this as they would any adjoining neighbour’s property.
All applications for licences for waterfront devices should be directed to Corbett Jones Legal.
In electronic form to:
Michael Corbett–Jones
Corbett Jones Legal
Email: michael@corbettjoneslegal.com.au
To apply for waterfront devices, pontoons, mooring poles, jet ski pods and other waterfront devices;
In electronic form to:
Michael Corbett–Jones
Corbett Jones Legal
Email: michael@corbettjoneslegal.com.au
Application fee: $2,200 inc GST Plus $10,000 Bond (refundable upon completion) to be payable to;
Bank: Commonwealth Bank
Account Name: Sylvania Waterways Limited
BSB: 062 000
Account: 2064 9292
Please Reference Property Address with Payment.
Contractors are prohibited to work over Sylvania Waterways seabed without an authorised access permit.
Related documents: 1016, 1019, 1025, 1026
The integrity of the seawall is the responsibility of the property owner. The sea wall is owned by the property owner, not Sylvania Waterways Limited.
It should be further explained that the efficiency of the seawall is very much dependent upon the capping beam at the top of the seawall and the supporting tie rods that are connected to concrete anchor blocks buried in your backyard.
The original capping beams have now exceeded their design life as the tie rods have been subjected to corrosion over the years. Many residents have had their tie rods checked or replaced and new capping beams installed.
The importance of having your seawall checked cannot be stressed strongly enough. Residents are urged to have the condition of their seawall/capping beam clarified by the Company appointed Engineers. Property owners should contact the responsible Director for guidance.
Residents should avoid planting large shrubs and trees near the walls and the building of any structure on the seawall/capping beam is prohibited without first consulting the responsible Director for wall and poles.
The Company commissioned the consulting Engineers, Taylor Thomson Whitting, to provide a new design and construction specifications for a new stronger Seawall.
These plans are made available at cost to members upon application and entering into a simple agreement with the Company.
As the Seawall Capping Beam involves a protrusion over the Company owned land (seabed) no such construction may take place without Company permission, and necessary licensing.
Construction may only be carried out by approved licensed builders experienced in this specialised work and under the supervision of the consulting Engineers. A Development Application must also be submitted to Sutherland Shire Council, however the Company is presently in negotiations with Council to expedite the approval procedures and is attempting to obtain a complying DA with Sutherland Shire Council.
It is essential for residents to contact Corbett Jones Legal to discuss these procedures and to organise the preparation and signing of the agreement mentioned above. Simpson Freed can also provide you with contact details of contractors who carry out this work.
The first step after initial discussions with Corbett Jones Legal is to obtain an engineers report on your existing Seawall.
Note: As of January 2009 Sutherland Shire Council have endorsed that repairs to seawalls in Sylvania Waterways is considered as “complying development”.
To apply for sea wall repairs, maintenance and or refurbishment of your seawall;
In electronic form to:
Michael Corbett–Jones
Corbett Jones Legal
Email: michael@corbettjoneslegal.com.au
Application fee: $2,200 inc GST to be payable to;
Bank: Commonwealth Bank
Account Name: Sylvania Waterways Limited
BSB: 062 000
Account: 2064 9292
Please Reference Property Address with Payment.
Incomplete or incorrectly completed forms will result in delays in processing your application.
Contractors are prohibited to work over Sylvania Waterways seabed without an authorised access permit.
Related Documents: 1016 1020 1025 1026
To apply for a new sea wall;
In electronic form to:
Michael Corbett–Jones
Corbett Jones Legal
Email: michael@corbettjoneslegal.com.au
Application fee: $2,200 inc GST to be payable to;
Bank: Commonwealth Bank
Account Name: Sylvania Waterways Limited
BSB: 062 000
Account: 2064 9292
Please Reference Property Address with Payment.
Incomplete or incorrectly completed forms will result in delays in processing your application.
Contractors are prohibited to work over Sylvania Waterways seabed without an authorised access permit.
Related documents: 1020, 1019, 1025, 1026
TO: Builders, Architects, Certifiers, Owners, Authorities and Sutherland Shire Council.
Seawall Safety
The seawalls in Sylvania Waters were constructed generally over 50 years ago and there are many properties that have seawalls which need attention. In recent years we have had some serious situations occur where the owners, builders or contractors did not respect or understand the critical importance of the seawall, capping and associated tie rods.
Only recently, we had a property renew their tie rods and discovered that their plumbers were about to excavate across the backyard for drainage which would have cut all tie rods and caused the seawall to be unstable and possibly collapse. There are no records of these at “Dial before you dig”.
Compliance With Regulations
In Sylvania Waters all waterfront properties must comply with Sylvania Waterways Limited Regulations otherwise the opportunity to obtain a licence or approval for waterfront facilities may be affected. This situation can cause a major disappointment for the property owners and is sometimes costly to rectify.
To ensure these situations do not occur we now impose the following procedures for all properties carrying out renovations, pool construction, re-building and demolition for all Sylvania Waters waterfront properties.
Pre demolition, pool construction, site excavation (other than seawall repairs or pontoon DA’s) on the seawall the following must be obtained:
(a) Engineers safety report via Sylvania Waterways Limited to the current seawall status.
(b) Submit drawings to Sylvania Waterways Limited for comment, must show all intended fences including material types.
(c) Show rectification of any non compliant issues.
Sylvania Waterways have recorded all recent engineers certification and records to every property and these records are available on request. Sylvania Waterways Limited Directors are available to discuss any project and/or pre-design review on request at no cost.
Minimum procedures during any project
1) Life buoy and lanyard must be fitted near seawall during construction and completion of project.
2) A temporary siltation fence to be erected across the back of the property in front of the seawall (be aware of tie rods).
3) No core holing or drilling into the seawall capping (especially by fencing contractors) without review and approval given on each situation by Sylvania Waterways Limited.
4) A sign semi permanently fixed near the seawall capping which notes:
CAUTION
NO DIGGING OR EXCAVATION WITHIN 15 METRES OF THE SEAWALL. SUPPORTING CABLES ARE BURIED IN THIS AREA – REFER TO SYLVANIA WATERWAYS ENGINEER FOR APPROVAL.
5) No demolition without approval from Sylvania Waterways Limited and the seawall engineer. (eg. Do not operate a 10 tonne excavator/Kato within 12 metres of the seawall, it may cause a collapse.)
6) Note: if seawall works are required it is most economical for access to carry out these upgrades when the block is cleared after demolition. This can save you thousands of dollars.
7) New engineering procedures for seawalls are available to all members at no cost. A report from Sylvania Waterways Limited will be issued after submission of documents or discussions so the works can proceed.
The formal application should be lodged with Sutherland Shire Council. The Local Government body regulates all consents for building.
Sutherland Shire Council does recognise the dangers involved in disturbing the backyard and subsequent potential damage to the tie rods securing your seawall.
PLEASE SPEAK TO A COMPANY DIRECTOR PRIOR TO LODGING YOUR PLANS WITH COUNCIL.
As a neighbour to all waterfront properties, Sylvania Waterways Limited is given the opportunity by Council to comment on your application along with your immediate neighbours.
In cases, which involve covenant provisions, the Council will seek the Company permission as a condition of their approval.
For all works associated with the above items, an application must be submitted to Sylvania Waters Limited for approval prior to lodging the development application with Sutherland Shire Council.
This form is included in the pack, Document number 1014 and will become a condition for the approval process.
See regulations and procedures guidelines, Document 1016 for examples.
No contractor is permitted to enter Sylvania Waters without an access permit.
Please see attached information from Sydney Water.
