Contact: Richard Exley, tel 01489 576 387

1. Summary

1.1 This report summarises activities and events on the River for the year 2001. It also briefs the Advisory Committee on progress with various projects undertaken by Harbour staff and seeks suggestions from Members to enhance the effective daily management of the River.

2. Patrol Report

2.1 The River has been patrolled daily during daylight hours, and until 2200 hours through the summer season of May to September. To achieve cover for 16 hours per day and to comply with Health and Safety legislation, the two full-time and one part-time Assistant Harbour Masters have been assisted by five seasonal Coxswains patrolling the lower, mid and upper Hamble from Southampton Water to Botley and Curbridge.

2.2 The additional staff engaged for this period have proved effective, especially at weekends, on public holidays and during regattas. The positive attitude and seamanship of these staff has been appreciated by River-users, with a number of commendations received.

2.3 Harbour staff continue to work with the Police, Customs and Excise and Coastguard. Vessel speeds and wash continue to be of major concern and annoyance to the majority of River-users, especially those on mid-stream moorings, but with some 12 kilometres of River to patrol, interception and identification is often difficult to achieve.

2.4 A table of incidents, required by the Port Marine Safety Code, is attached as an appendix. The following headings summarise the principal concerns:

(i) vessel speed and resultant wash;

(ii) swimming in the fairway and jumping from structures;

(iii) knowledge of the International Regulations for preventing collisions at sea;

(iv) vandalism and theft;

(v) unauthorised use of moorings, particularly by sea-schools;

(vi) knowledge of bye-laws for the River Hamble undertaking;

(vii) attitude of owners both to the Harbour staff and other River-users; and

(viii) identification of vessels.

3. Environmental Planning Application Seminar

3.1 Organised by the Assistant Harbour Master (Environment) and chaired by the Head of Countryside, a very successful seminar was held on 19 June, with some 80 marina and boatyard operators and riparian landowners being briefed on all aspects of planning legislation and processes by a selection of speakers from:

(i) The Hamble Harbour Authority;

(ii) the Department for Transport, Local Government and the Regions (DTLR) (Ports Division);

(iii) the Department for the Environment, Food and Rural Affairs (DEFRA);

(iv) the Environment Agency;

(v) English Nature; and

(vi) Eastleigh Borough Council.

3.2 There were also presentations by representatives of the Royal Yachting Association and the British Marine Industries Federation. The speakers highlighted the problems experienced by their members and the complex and often duplicated processes required.

3.3 The meeting resolved to work towards agreement by all parties to:

(i) seek a coordinated and integrated planning process for the River Hamble; and

(ii) agree a strategic development plan.

3.4 It is unfortunate that a small number of owners who have experienced some conflict with the planning process failed to attend. However, the presentations, together with supporting documents, have been forwarded to them for their information and consideration.

4. Estuarial Management Plan

4.1 Work to produce an Estuarial Management Plan is ongoing, with regular `workshops' being held involving representatives of the many and various stakeholder groups. These `workshops' have produced a number of topic-related policies, to be confirmed at a `stakeholder day' held at the Warsash Sailing Club on Thursday 29 November 2001.

4.2 Resulting from the deliberations on 29 November a draft Estuarial Management Plan will be drawn up, to be approved by the Management Committee before being circulated for wider public consultation.

4.3 In response to the Planning Seminar, the Harbour Authority has taken the lead in working with the many consenting or consultative authorities and statutory bodies to devise and implement a Coordinated Planning Procedure for the River and its environs. Such a process will work with the applicant to advise and simplify the planning procedure, coordinate and assess the impact of each scheme and measure the cumulative impact of all schemes upon the River.

4.4 Work has now started to produce a Dredging Plan to coordinate the future maintenance dredging of marinas and to measure the impact of these works on the environment.

4.5 The Assistant Harbour Master (Environment) has now met with the representatives of both the DEFRA and the DTLR, who have indicated their enthusiasm to be involved with this Plan as a national pilot project. As such a project, it is hoped that funding from Central Government may be made available for the scientific research and input to support the Plan.

4.6 The Plan will consider:

(i) dredging requirements for each area or marina;

(ii) disposal or beneficial use of dredged material;

(iii) dredging methods;

(iv) strategic capital dredging to minimise future maintenance requirements; and

(v) cost effectiveness.

5. Oil Spill Contingency Plan

5.1 The River Hamble Harbour's Oil Spill Contingency Plan, a requirement of the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Regulations 1998, was approved by the Marine and Coastguard Agency (MCA) on 27 June 2001.

5.2 The MCA required that a number of Harbour staff complete an IMO Level 2 Oil Spill Clearance course (type 4-4P UK accreditation). This course has now been completed by the Deputy and Environmental Harbour Master. The Harbour Master's accreditation has lapsed and will be updated in March 2002.

Oil Boom

5.3 In case of a pollution incident in Southampton Water, an oil boom was pre-positioned off Hamble Point and Warsash to be deployed to protect the River, the yachts and the many environmentally sensitive areas. This oil boom was maintained and deployed by BP Hamble at no cost to the Harbour Authority. However, as a result of an audit of its responsibilities, BP Hamble has, with regret, been obliged to withdraw its support for legal reasons. Following discussions, the four lengths of boom, storage reels and associated fittings have been transferred by BP to the Harbour Authority at no cost.

5.4 In the short term, the Tier 2 contractor, OSRL, has agreed to deploy the boom in a declared oil spill emergency, to be assisted by available staff from BP Hamble working under the instruction of the Harbour Master. All costs incurred would be recovered from the polluter by due legal process.

5.5 As a result of these changes it will be necessary to revise the Oil Spill Contingency Plan-Tier 2 reaction, to cost and contract for the maintenance of the oil boom sections and specialist equipment.

5.6 Following the recent oil spill disasters there is a heightened awareness of oil pollution, and there is now considerable expertise and improved technology for oil recovery and dispersal. These enforced changes were seen as an opportune time to review the location, method of deployment, mooring and recovery of the oil boom in the future, and research and consultation is now being undertaken to draw up an updated Plan.

6. Port Marine Safety Code

6.1 The Port Marine Safety Code states that "A Harbour Authority has general and specific legal duties to ensure the safety of navigation in the Harbour and it has statutory powers to enable it to discharge these duties". The Code also "lays down a clear framework and standard by which the Harbour Authority can satisfy itself that technical operations undertaken in the Authority's name present a full and proper discharge of its duties."

6.2 A sum of £10,000 was allocated to the capital budget for the financial year 2000/01 for commissioning a risk assessment in compliance with the Port Marine Safety Code. A report, together with a risk assessment, was undertaken by BMT Reliability Consultants Limited and achieved at a cost of some £5,000. It was proposed that an additional sum of £10,000 to commission a complete and compliant safety management system (SMS) be charged to the planned capital programme for this financial year 2001/02.

Designated Person

6.3 The Port Marine Safety Code requires that all UK harbour authorities, including the River Hamble (a leisure harbour), appoint a Designated Person (or Persons). The Designated Person is required to provide independent assurance that the SMS is functioning correctly and to audit the harbour authority's compliance with the Code.

6.4 The Designated Person has an important role in an SMS. In particular, the post holder will oversee the Authority's obligations in respect of safety management and will ensure, on behalf of the duty holder (the River Hamble Harbour Management Committee), that an effective SMS is in place, operating properly and in accordance with the requirements of the Code. It is a role that requires technical safety management skills, but strong inter-personal skills are equally important. The post holder will essentially be required to act as the independent guardian of safety performance within the River. He/she needs to be the `eyes and ears' of the duty holder and be robust enough to challenge all line and senior management if it is felt that safety is being compromised in any way. In order to successfully discharge this function, the Designated Person will have:

(i) direct access to all levels within the Hamble Harbour Authority (including Members of the River Hamble Harbour Management Committee);

(ii) demonstrable experience in harbour management, safety management, risk assessment and relevant marine safety legislation;

(iii) knowledge of the River Hamble (ie its physical geography, commercial and leisure users), as well as of the aims/objectives of the Harbour Authority, and knowledge and experience of yachting;

(iv) appropriate training and/or practical experience in carrying out audits;

(v) an open minded and analytical approach to incident investigations;

(vi) a practical knowledge of all aspects of leisure boating, sailing, yacht racing, power boats and small craft (canoes, etc); and

(vii) independence from the Harbour Authority.

6.5 The Designated Person will prepare an annual written report for the River Hamble Harbour Management Committee. This report will comprise a summary of all the previous year's marine incidents/near misses (and lessons learned), as well as a summary of the findings from the previous year's audits and risk assessments. It will also contain statements on the effectiveness of the SMS, anticipated changes to the Port Marine Safety Code and other relevant marine legislation, an ongoing actions list and recommendations for changes to any aspect of the SMS.

6.6 The Harbour Master prepared a contract specification and advertised the post, and a final selection was undertaken by the Chairman of the Authority, together with Members of the River Hamble Executive Member's Group, advised by Captain Paul Fuller (ABP Southampton).

6.7 Marine Enforcement Limited (MEL) of Sarisbury Green has been appointed as the Designated Person(s). The three directors of MEL were founder-members of the Enforcement and Legal Unit at the Marine and Coastguard Agency. With a background as master mariners and qualified solicitors, the directors have a good knowledge of yachting and the River Hamble.

Recommendation

That this report be noted.

6847/RE

Responses to Incidents by Harbour Authority Staff and Vessels

Responses to Incidents by Harbour Authority Staff and Vessels (continued)

Responses to Incidents August 2001 through to July 2002

Responses to Incidents August 2001 through to July 2002 (continued)