New Buyer Information

Information for Buyers

Sylvania Waterways Limited (“the Company”) is the legal owner of Lot 1 in Deposited Plan 615171.

This land comprises all of the seabed and waterways adjoining waterfront land within the Estate adjacent to all properties in Sylvania Waters NSW. The company permits adjoining land owners to erect seawalls and waterfront devices such as jetties, pontoons and the like on the company land. However, that permission is granted pursuant to a license which has strict conditions such as:

  • The license is not transferable to a new purchaser of the property;
  • 
The license holder must be a Member/Shareholder in the Company;
  • The encroaching sea wall and/or waterfront devices must be removed if the property owner 
ceases to be a shareholder of the Company or fails to pay the annual fees. 
It is a condition that if any encroaching seawall and/or waterfront devices are to be retained following the purchase of a waterfront property, then before completion or no later than date of settlement, the new owner must:
  • Apply to the Company for the issue of shares and associated membership in the company;
  • Enter into a new license agreement in relation to the waterfront devices; and pay the fees under the new license.

Ownership and use of any waterfront devices (Jetties, pontoons, poles) erected over the Company’s land without an appropriate license is trespass upon land owned by Sylvania Waterways Limited.

Who may be a Member/ Shareholder of Sylvania Waterways Ltd

Specific shares are identified for each of the 367 waterfront properties which border the canals of Sylvania Waters.

Shares may only be purchased by those 367 waterfront property owners. Shareholders are also referred to as “Members”.

Shares must be applied for in the name/s shown as owners on the Property Deed.

One vote at general meetings is allocated to each shareholder’s property. Some properties are owned by Companies and, in these cases, the share application should be lodged under the Company’s name and bear the Company Seal.

Members owning more than one waterfront property need to apply for shares for each property.

Currently, the share/member application fee is $20,000 (one-time only).  Properties with waterfront devices are also required to pay an annual license fee of $12,000.  A total payment of $32,000 is due at property settlement. Members obtaining their waterfront license within 3 months of property settlement will be entitled to a full refund of the annual non-license fee. Members issued a license after 3 months of property settlement will receive a refund of $1,000 per month prorated. E.g. license issued 6 months after settlement will receive $6,000 refund.

License fees of $1,000 per month are issued on the anniversary date of property settlement for all non-licensed members until such time as a license is issued. Prospective buyers of waterfront properties must request from the vendor a Waterfront Inspection by Sylvania Waterways Ltd and Conditions For Waterfront Licensing Report which will detail all items required to obtain a waterfront license.

Non-members with overhanging seawall cappings or waterfront devices will be charged $10,000 per annum for temporary access.

No trespassing will be tolerated.

What can I do at my Waterfront property? 

Before Obtaining a Waterfront License

In addition to becoming a Member and Shareholder in Sylvania Waters, the following must be completed in order to obtain a waterfront licence.

  1. New owners to attend an introduction to Sylvania Waterways Ltd meeting where they will have an opportunity to meet a representative of Sylvania Waterways Ltd, understand their responsibilities as a waterfront owner in Sylvania Waters, and ask questions in relation to living in this unique part of the Sutherland Shire.

The sea wall is the waterfront owner’s responsibility. Given the sea wall is the only thing between the sea and the property it is very important the new owner understand their responsibilities and how to maintain the sea wall correctly.

The new owner’s share certificate will be made available for collection at this meeting.

Meetings are held monthly, 6.30 – 7.30 pm at a local venue in Sylvania.To register to attend, please email: admin@sylvaniawaters.com

2.   Obtain a sea wall inspection report from a qualified sea wall engineer. The sea wall inspection will identify any maintenance required on the sea wall. New owners can be assisted in ordering the inspection by a Director of the Company at the introduction evening or by referring to the Local Community Directory page on our website.

3. Confirm the property has a life buoy installed near the water.

4. Rectify any outstanding items noted on the Conditions for Waterfront Licensing Report.

Once a waterfront license is issued, providing the waterfront devices are maintained in a safe condition (remain compliant), no future annual waterfront license fees will apply.

Fees

Please note membership and license Fees will increase from 1 July 2022.

Effective 1 July 2022, fees for new members will be $20,000 for shares and membership and $12,000 annual non-license fee. Total payment on settlement is $32,000.

Note:
Members obtaining their waterfront license within 3 months of property settlement will be entitled to a full refund of the annual non-license fee.

Members issued a license after 3 months of property settlement will receive a refund of $1,000 per month prorated. E.g. license issued 6 months after settlement will receive $6,000 refund.

License fees of $1,000 per month will be issued on the anniversary date of property settlement for all non-licensed members until such time as a license is issued. Prospective buyers of waterfront properties must request from the vendor a Waterfront Inspection by Sylvania Waterways Ltd and Conditions For Waterfront Licensing Report which will detail all items required to obtain a waterfront license.


Payments to be made to the following account:
Bank : Commonwealth Bank
Account Name: Sylvania Waterways Limited
BSB: 062 000 Account: 2064 9292

Important Information
Please reference ‘Property Address’, with payment.
Membership fees are paid once only.

Enquiries regarding Membership & Waterfront Licensing

All enquiries regarding Membership, Completed Membership application forms and Waterfront Licensing should be directed to Corbett Jones Legal.

Michael Corbett-Jones

Corbett Jones Legal
Level 2/2-4 Northumberland Road, Caringbah NSW 2229
PO Box 17 Caringbah NSW 1495

Ph: 1300 139 283
Mob: 0411 813 349
Email: michael@corbettjoneslegal.com.au

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1014 - Application for Shares in Sylvania Waterways Ltd
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