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River Hamble Harbour Authority

Port Marine Safety Code

Statements of Policy and Responsibilities

RIVER HAMBLE HARBOUR AUTHORITY'S MISSION STATEMENT

1. Hampshire County Council, being the harbour authority for the River Hamble ("the Harbour Authority") will ensure that the River Hamble harbour is operated efficiently and safely so as to safeguard the harbour, its users, the public and the environment. It is committed to performing all its duties and responsibilities in a safe and efficient manner.

2. The Harbour Authority will:

(i) comply with all legal requirements,

(ii) aim to meet the national requirements of the Port Marine Safety Code, and

(iii) heed the Guide to Good Practice on Port Marine Operations, published by the Department of Transport, Local Government and the Regions (Ports Division).

3. The Harbour Authority's functions will be conducted openly and transparently in the overall long-term interests of the harbour's stakeholders and beneficiaries. In fulfilling its duties the Harbour Authority is committed to:

(i) ensuring as far as reasonably practical the safety of all those who use and work in the harbour;

(ii) conserving the environment and maintaining approved pollution prevention and nature conservation measures;

(iii) facilitating safe navigation in the harbour and its approaches, and safeguarding the navigational access to and from the harbour;

(iv) providing and maintaining viable harbour facilities;

(v) regulating the activities of all those who use the harbour and ensuring that the law is enforced whenever appropriate; and

(vi) formally reviewing the Harbour Authority's plans, policies and procedures at intervals of five years or less.

3. These Statements of Policy and Responsibilities were approved by the Executive Member - Environment for and on behalf of the Harbour Authority on:

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These Statements of Policy and Responsibilities will be reviewed in summer 2005.

RIVER HAMBLE HARBOUR AUTHORITY'S SAFETY POLICY FOR MARINE OPERATIONS

1. This safety policy adds to any existing safety policy required by the Health and Safety at Work etc Act 1974 and relates to marine operations and the requirements of the Port Marine Safety Code.

2. The Harbour Authority is committed to:

(i) managing its relevant assets safely and efficiently;

(ii) discharging its duties and powers in relation to marine operations;

(iii) maintaining relevant harbour equipment to agreed industry standards;

(iv) recruiting and training operational staff to nationally agreed competence levels; and

(v) ensuring that staff are properly trained for emergencies and contingencies.

The HARBOUR MASTER has been appointed to fulfil the role of marine operations safety officer. This officer will be responsible for the following:

(i) ensuring all risks are assessed and reduced to `as low as reasonably practical';

(ii) reporting, investigating and recording all accidents, and ensuring that lessons learnt are widely disseminated to appropriate persons and bodies;

(iii) carrying out routine safety inspections on marine operations equipment and reassessing risks as appropriate;

(iv) forming and chairing a marine operations safety committee, liaising regularly with all those involved with marine operations, and to acting appropriately to feedback; and

(v) reviewing this safety policy and recommending revisions to the Board at least every three years.

RIVER HAMBLE HARBOUR AUTHORITY'S ENFORCEMENT POLICY

1. The Harbour Authority has statutory powers to regulate the conduct of vessels in the harbour's jurisdiction and to assist in managing the risks of marine operations. To these ends enforcement action will sometimes be appropriate.

2. The Harbour Authority recognises that most harbour users want to comply with the law. Therefore, where it can, the Harbour Authority will help users to meet their legal obligations without unnecessary expense, while taking firm action - including prosecution where appropriate - against those who flout the law or act irresponsibly. The Head of Corporate and Legal Services is authorised to commence, defend, or participate in, any legal proceedings in any case, where necessary, to give effect to decisions of the County Council as Harbour Authority, or in any case where the Head of Corporate and Legal Services considers it necessary to protect the Authority's interests.

3. The Harbour Authority will provide information and advice in plain language on the rules that apply and will disseminate it as widely as possible.

4. The Harbour Authority will minimise the costs of compliance for users by ensuring that any action it takes is proportionate to the risks. As far as the law allows, the Harbour Authority will take account of the circumstances of the case and the operator's attitude when considering action.

5. The Harbour Authority will carry out its duties in a fair, equitable and consistent manner. It will liaise with other authorities and enforcement bodies as appropriate.

RIVER HAMBLE HARBOUR AUTHORITY'S PROSECUTION POLICY

1. The Harbour Authority has statutory powers to enforce relevant legislation and in some circumstances prosecution will be appropriate. Prosecution is a serious step: the ultimate sanction. Prosecution will occur only where the Authority considers that it is in the public interest to commence such action, taking into account a number of matters. These include the seriousness of the action in question, the availability of other sanctions, the evidence available, and any mitigating factors.

2. The Head of Corporate and Legal Services is authorised to commence, defend, or participate in, any legal proceedings in any case, where necessary, to give effect to decisions of the County Council as Harbour Authority, or in any case where the Head of Corporate and Legal Services considers it necessary to protect the Authority's interests.

3. The Harbour Authority is committed to helping other enforcement agencies, including the Police, to pursue their statutory duties. The Harbour Authority will liaise with any enforcement agency that may also have an interest in any matter being considered for prosecution.

RIVER HAMBLE HARBOUR AUTHORITY'S MARINE OPERATIONS TRAINING POLICY

1. The Harbour Authority's services depend on the quality of its staff. It is therefore dedicated to the training and development of all of them. The Harbour Authority recognises that the training needs of staff must be kept under regular review.

2. The Harbour Authority recognises that all its staff should have training appropriate to the responsibilities assigned to them relating to the safety of marine operations.

3. The Harbour Authority will assess the fitness of all who are appointed to positions with responsibility for safety of marine operations and will measure their competence against the standards associated with the Port Marine Safety Code.

4. Additionally the Harbour Authority is committed to ensuring that the crew of harbour vessels, including tugs, launches and workboats, are appropriately trained and qualified.

RESPONSIBILITIES OF THE EXECUTIVE MEMBER OF THE RIVER HAMBLE HARBOUR AUTHORITY

1. Hampshire County Council is the River Hamble Harbour Authority and `Duty Holder'. In accordance with the County Council's Constitution, the responsibilities set out in the following paragraphs are assigned to the Executive Member - Environment.

2. Commitment to implementing, complying and keeping under continual review the requirements of the Port Marine Safety Code.

3. Reporting publicly, at least every three years, on the safety of marine operations. This report to include a statement of the aims, roles and duties of the Harbour Authority and follow the guidance in the Guide to Good Practice on Port Marine Operations for such a report. Clearly stating the policies adopted by the Harbour Authority, setting and implementing written procedures that will reflect the Harbour Authority's aims, roles and duties.

4. In adopting the policies and implementing the procedures, the Executive Member will consult those who work in and use the River Hamble and their representatives, and also all those with an interest in the River Hamble. The Executive Member will request feedback from all interested parties on the adopted policies and procedures and will review them in the light of it.

5. Recognising that in fulfilling its duty it needs to delegate some of its responsibilities to suitably trained and qualified personnel to operate the harbour. Such delegation will be made formally and in writing to named individuals.

6. Recognising the Executive Member is responsible for running a cost-effective and sustainable harbour operation for the benefit of all users and the wider community, and that it has a duty of conservancy. It also recognises that the harbour must remain economically viable and remain in long-term operation. To fulfil this responsibility, the Harbour Authority will set dues and raise revenue that enable it to fulfil its duties adequately. These duties include marine safety obligations and the effective enforcement of legislation and byelaws.

7. Recognising that the Executive Member must have proper regard to the needs and expectations of all harbour users. This applies equally whether the user is a commercial enterprise, a leisure user or a member of the public. In fulfilling this responsibility, the Executive Member will operate a no-discrimination policy and all users will be treated fairly and without favour or prejudice.

8. Recognising that the Harbour Authority has a responsibility to ensure that the designated person appointed under the Port Marine Safety Code has unfettered access to the River Hamble Executivemailto:Executive@s Member's Group and has direct access to the Executive Member. The Executive Member welcomes interaction with the designated person.

RIVER HAMBLE HARBOUR AUTHORITY'S OPERATIONAL RESPONSIBILITIES

1. In fulfilling its duties the Harbour Authority has an overall responsibility to operate the harbour efficiently and safely. In doing so, operational responsibilities need to be assigned to the harbour master and his staff.

2. The following operational responsibilities are therefore assigned to the named individuals. A dated signature alongside the responsibility indicates that the individual accepts accountability for performing the responsibility.

APPOINTMENT OF DESIGNATED PERSON

1. Under the requirements of the Port Marine Safety Code, the River Hamble Harbour Authority appoints MARINE ENFORCEMENT LIMITED to be the designated person required by the Code.

2. Marine Enforcement Limited and its appropriate staff must:

(i) have a working knowledge of the Port Marine Safety Code, the Guide to Good Practice for Port Marine Operations, and any accompanying competency standards;

(ii) provide independent assurance to the Executive Member, on behalf of the River Hamble Harbour Authority Environment and THE EXECUTIVE MEMBER'S ADVISORY GROUP, that the safety management system required by the Port Marine Safety Code is working effectively; and

(iii) audit the Harbour Authority's compliance with the Code.

Marine Enforcement Limited has direct access to the Executive Member's Advisory Group, and is assured of direct access to the Executive Member whenever it regards this as necessary.

Footnote: Responsibilities of the Duty Holder:

1. The Duty Holder shall have read and understood the Port Marine Safety Code and shall strive to meet the standards required. He will ensure that the guidance in the "Guide to Good Practice for Port Marine Operations" is heeded.

2. The Harbour Authority is accountable for managing operations in the harbour safely and efficiently, and the Duty Holder is responsible for ensuring that it does so as the Duty Holder is under a duty to ensure that the Harbour Authority fulfils its duties in compliance with the Port Marine Safety Code and has an effective safety management system for this purpose.

3. Although the Duty Holder is able to appoint professional people to operate the harbour, he cannot assign accountability. Further, he may not abdicate accountability due to lack of particular skills.