Gellatly Bay Moorage
The District of West Kelowna received a Licence of Occupation from the Integrated Land Management Bureau of BC Ministry of Agriculture and Lands for the portion of Gellatly Bay directly abutting District Property and began immediate enforcement of inappropriate use in the bay.
The Licence entitles the District, as owner of the land abutting a portion of Gellatly Bay, to enforce appropriate uses of this portion of the bay, in line with the W1 (Water Use – Recreational) Zone previously established for the area. This zoning allows only temporary moorage and prohibits moorage of floating residential vessels.
The District has undertaken the following enforcement steps:
- Mailing a letter of notice to known owners of any vessels currently moored in Gellatly Bay and posting this letter directly on the vessels, indicating the vessel owners have 30 days from June 29, 2010 to remove the vessel from the bay
- Posting a Notice of Non-Compliance on vessels remaining moored in Gellatly Bay after the 30-day notice period, indicating that if the vessel is not removed by Tuesday, August 3, the District, represented by its lawyer, will appear before the Supreme Court of British Columbia to bring injunction proceedings to obtain an order that the vessels be removed from the Licence of Occupation area, effectively ensuring the District’s legal right to tow remaining vessels moored in Gellatly Bay
- Once the order is obtained, the District intends to immediately begin towing remaining vessels in Gellatly Bay. Vessels will be towed to a safe moorage site, the cost of towing and storage being the responsibility of the vessel owner. Towed vessels will be stored for 30 days, after which, if the vessels are still unclaimed, the towing company will be free to take action to recover its costs of towing and storage
Joint Management Agreement
On June 22, the District of West Kelowna and Westbank First Nation announced the signing of a Joint Management Agreement for Gellatly Bay. Both governments have agreed to respect each other’s jurisdiction and interest in the protection of Okanagan Lake, its foreshore and Gellatly Bay in particular. By signing the binding Joint Management Agreement, both Councils have committed that management of Gellatly Bay will be carried out through the Joint Management Committee established under the agreement. The Joint Management Committee will be comprised of two representatives from each government. The committee will consider and recommend policies regarding the public and private use of Gellatly Bay, as stipulated in the W1 Zone.
W1-Water Use (Recreational) Zone
The District has established a W1 Zone on all waters fronting lands within the District of West Kelowna, which prohibits moorage of floating residential structures such as houseboats.
Documents
Licence of Occupation
W1 – Water Use (Recreational) Zone
Joint Management Agreement with Westbank First Nation