Contact: Richard Exley, tel: 01489 576 387

1. Summary

1.1 The following decisions are sought:

(i) That the proposed approach and action taken to comply with the Port Marine Safety Code, set out in the attached report to the River Hamble Harbour Management Committee, be noted.

(ii) That the amended draft Port Marine Safety Code attached to the report be approved as the basis for a publication as one of the proposed suite of documents setting out the Policies of the River Hamble Harbour Authority.

2. Reason

2.1 To summarise the results of a compliance audit of the Port Marine Safety Code and advise the Harbour Authority of the actions taken or of proposals to achieve full compliance in the near future.

2.2 A copy of the report considered by the River Hamble Harbour Management Committee on 21 June 2002 is attached as an appendix.

3. Other Options Considered and Rejected

3.1 Not to advise of actions taken and proposals to achieve full compliance with the Code.

4. Conflicts of Interest Declared by the Decision Maker or a Member or Officer consulted - none.

5. Dispensation granted by the Standards Committee - not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - not applicable.

Approved by: Date:

Councillor K B Estlin

7250/RE

APPENDIX

Contact: Richard Exley, tel: 01489 576 387

1. Summary

1.1 This report summarises the result of a compliance audit of the Port Marine Safety Code and advises Members of the actions taken or of proposals to achieve full compliance in the near future.

2. Report

Basis of the Safety Management System

2.1 The River Hamble Harbour Authority has responsibility for improving, maintaining and managing the River Hamble. This duty has recently been re-stated in the Port Marine Safety Code which makes it clear that the Harbour Authority is responsible and accountable for the discharge of its duties. These duties include an obligation to ensure the safety of marine operations which, in turn, includes the regulation of safety and navigation on the River Hamble.

2.2 Whilst consultation with all stakeholders is recognised as vital to the effective discharge of its duties, matters of marine safety, navigation and the management of the River Hamble remain the responsibility of the Harbour Authority.

2.3 The Code represents a national standard against which the policies, procedures and performance of a harbour may be measured. The Code applies to duties and powers relating to marine operations and is based on the premise of identifying and quantifying risks and then managing these so that they are kept as low as reasonably practical (ALARP).

2.4 The proposed Safety Management System (SMS) reflects and manages the risks that have been identified in the River Hamble. Formulated policies are reflected in procedures and implemented by Standard Operating Instructions. The SMS is in a controlled document format and, together with the Code Compliance and Audit Manual, will provide a clear record for auditing purposes.

2.5 The SMS consists of four volumes:

(i) Policies;

(ii) Procedures;

(iii) Standard Operating Instructions; and

(iv) Compliance and Audit Records.

2.6 The structure of the SMS, with procedures being implemented by Standard Operating Instructions, allows these practical instructions to be updated without amending the procedures. The plan has also allowed incorporation of the existing documented working practices.

Safe Working Systems

2.7 The Code only impacts on Marine Operations and these are defined as those which facilitate the safe use of a harbour by vessels. This includes the direction of vessels, the regulation of safe navigation in a harbour and the maintenance of aids to navigation. It would be short-sighted to consider marine operations in the Hamble without addressing risks to safety generally. The SMS does not, as yet, include structures and towpaths, as these are clearly outside the scope of the Code. However, it is considered prudent to initiate a documented inspection and survey regime of all the moorings, pontoons, piers, jetties and footpaths in the future.

Identified Risks

2.8 BMT Reliability Consultants Limited has conducted a Risk Assessment that identified three intolerable risks in respect of consequences to people:

(i) collision in the lower river;

(ii) swamping of small craft; and

(iii) special events.

Additionally, three other risks will require urgent attention in the near future:

(iv) diving and jumping from bridges and swimming in the river;

(v) diving, other than regulated commercial diving; and

(vi) the use of the scrubbing piles.

2.9 The SMS has addressed the management of the above risks (other than the use of scrubbing piles) with due regard to the existing legislative framework.

2.10 It has been recommended that the scrubbing piles be surveyed by a competent person and a Risk Assessment undertaken on their use. The findings of the Risk Assessment will determine options, one of which may be their eventual removal.

Regulation of Marine Operations

Notices to Mariners

2.11 Notices to Mariners are a method of disseminating advisory information. They have no regulatory function in that they cannot compel or prohibit; that is the function of byelaws and Harbour Master's Directions. To avoid confusion it follows that Notices to Mariners, Directions and Byelaws should be kept separate and distinct.

2.12 There is no requirement for these advisory notices to be called Notices to Mariners; the term is historical. It has been recommended that the term `Notices to Mariners' be replaced with `Notices to River Users'. Such notices can then be used to promulgate advisory information to a wider audience and provide general information, ie on swimming, diving, fishing, the use of scrubbing piles, etc.

2.13 It has been recommended that all extant Notices to Mariners be redrafted as Notices to River Users.

Training

2.14 Any SMS relies heavily on each member of staff being competent to carry out their duties and assigned tasks. The Code recognises the importance of staff education, which is reflected in the required training policy. The first step will be to initiate the staff of the Harbour Authority to the SMS and thence develop a training regime.

Enforcement

2.15 The Code requires that the Harbour Authority recognises its enforcement responsibilities, has the capability to prosecute offenders and adopts appropriate policies. For the Harbour Authority to meet this requirement existing staff would need training in enforcement, or specialist staff should be recruited or specialists be engaged on a 'need' basis.

2.16 It is recognised that the installation of a closed circuit television (CCTV) system to monitor the lower river will have the capability to substantially enhance the enforcement of rules on the river, be a significant aid to the regulation of river activity and deter crime generally. For the system to realise its full potential in assisting enforcement and prosecutions the operating and monitoring staff would need training in operating and monitoring live and recorded data.

2.17 The policy has been drafted with the recommendation that a Marine Operations Safety Officer is appointed. This is not a specific requirement of the Code, but it recommends that the delegation of responsibility for the day-to-day management of safety is clearly defined and recorded.

Port Users' Handbook

2.18 A handbook that provides all the pertinent information about the river is regarded as a useful tool in the management of risk. The handbook should include an article on the Port Marine Safety Code and its implementation on the river, together with all the measures in place to manage the identified risks; including the byelaws, Harbour Master's Directions and a summary of Notices to Mariners.

Main Channel

2.19 The SMS adopts a procedure for assessing the provision of navigational aids on the river. It may be that as a consequence of utilising this procedure the main entrance channel to the river will need to be re-defined. This may involve removing some piles and pontoons to provide a clear and unobstructed entrance channel.

Emergency Exercises

2.20 The Code requires that emergency procedures are exercised. The SMS deals with emergency exercises and recommends that a schedule of exercises will need to be planned. These may well involve other agencies and parties.

Cooperation with Other Agencies

2.21 Although the management of marine operations is the responsibility of the Harbour Authority, a number of other agencies have responsibilities that overlap with those of the Harbour Authority and at times may cause conflict and misunderstanding. Exercises should be initiated to trial cooperation and communications with the Police, the Maritime and Coastguard Agency, the Environment Agency and ABP Southampton, in addition to those exercises required by legislation, eg Oil Spill Response.

3. Summary of Policies and Actions

3.1 The following list summarises the recommendations of the Designated Person and progress made on action to comply with the legislation.

3.2 SMS familiarisation seminar for all Harbour Authority staff.

Actioned: All harbour staff and the Executive Member for Environment briefed.

3.3 Initiate a documented inspection and survey regime to be conducted by a competent person on all piles, moorings, pontoons, piers, jetties and footpaths.

Action: (i) All mooring piles surveyed bi-annually, defect list collected and maintenance prioritised;

(ii) pontoons now subject to self-certification as a condition of the owner's licence;

(iii) moorings will be subject to self-certification as a condition of the owner's licence from 1 January 2003;

(iv) piers and jetties to be surveyed in June 2002 and thereafter bi-annually; and

(v) footpaths to be surveyed in conjunction with the Rights of Way Officer.

3.4 Undertake condition survey of all scrubbing piles and conduct an appropriate risk assessment. Additionally and in conjunction, review the use of scrubbing piles in accordance with Water Resources Act 1991.

Action: Risk assessment and structural survey now complete, to be reported to the Executive Member for Environment.

3.5 `Notices to Mariners' to be redrafted as `Notices to River Users'.

Action: All extant `Notices to Mariners' now cancelled and `Notices to River Users' drafted, circulated and posted on the Harbour website.

3.6 Initiate a documented training scheme for all harbour staff.

Action: Existing system reviewed and modified to reflect:

(i) induction;

(ii) basic training and skills reviews; and

(iii) additional training, ie:

(a) enforcement;

(b) collection of evidence; and

(c) CCTV operation.

3.7 Appoint a Marine Operations Safety Officer.

Action: Harbour Master confirmed as Safety Officer in addition to:

(i) Duty Holder; and

(ii) Designated Person - Marine Enforcement Limited.

3.8 Initiate regular emergency exercises for harbour staff and exercises to prove communication and cooperation with other relevant organisations.

Action: Initial `man overboard' recovery to a Harbour patrol launch confirmed that a more effective recovery device, remote from the engine/propeller area, is required.

3.9 Draft and adopt a `common' events organisers' `Code of Practice'.

Action: In preparation, prior to consultation with clubs and other established events organisers.

3.10 Compile a definitive list of River Contacts and review regularly.

Action: Duty Directory now compiled.

3.11 Installation of training and operation of a CCTV system.

CCTV Report

3.12 In January 1998 the River Hamble Harbour Management Sub-Committee agreed in principle to the installation of a CCTV system to allow harbour staff to effectively monitor vessel movements along the river, especially at points of potential congestion and, with the information received, coordinate a more effective staff response to incidents or potential incidents.

3.13 Assistance has been sought from a number of other County Council CCTV projects but, with some six kilometres of navigation channel to monitor, from Southampton Water to the M27 motorway, the communication links between the proposed camera locations and the Harbour Office have been difficult to achieve if `real-time' pictures are required.

3.14 A number of communications options have been considered, investigated and costed but were rejected because of either cost or reliability. However, with the rapid advances being made in CCTV technology, reflecting the advantages and popularity of such schemes, a proven radio telephone link has now been investigated and costed to be within the budget specified by the County Treasurer.

Action: In this report, amplifying the findings of the audit of compliance with the Code, the use of CCTV to monitor the river is highlighted as a significant aid to achieving enforcement and effective regulation.

This `Action' note recommends that the previous decision of the River Hamble Harbour Management Sub-Committee to install an appropriate CCTV system be endorsed.

3.15 To review all byelaws and to seek by way of a Harbour Revision Order wider powers for the Harbour Master to give special and general directions.

Review

3.16 In considering the requirements outlined above, the Chief Executive has commissioned a review of existing local and national legislation using six hypothetical, yet likely, scenarios:

(i) speeding and excessive wash;

(ii) pollution;

(iii) collision;

(iv) navigating under the influence;

(v) inappropriately managed racing event; and

(vi) abandoned yacht on a Crown Estate mooring (Recovery of Harbour Dues).

3.17 This review has concluded that there are a number of ways in which supplementary legislation, whether via revised byelaws or a Harbour Revision Order (HRO), could strengthen the Harbour Authority's powers to deal with issues relating to safety.

Action: It is proposed that further work be undertaken to assess the likely costs and timescale of pursuing supplementary legislation, via revised byelaws or an HRO, with a view to determining the way forward, taking into account the fact that the outcome of the Municipal Ports Review may make it necessary to pursue an HRO in any event.

Such an HRO would incur legal time and the services of Parliamentary Agents additional to the costs incurred by the Municipal Ports Review, and similarly, if this HRO is opposed, costs to the Authority could be considerable.

4. Statements of Policy and Responsibilities

4.1 In addition to the audit of compliance and the production of the SMS, statements of policy and responsibilities have been prepared, in response to the advice of the Designated Person that these should be formally accepted by the Harbour Authority's executive. The current draft is attached.

Recommendations

1. That the notification received from the Department for Transport, Local Government and the Regions that the Harbour Authority was compliant with the Port Marine Safety Code be welcomed.

2. That the proposals embodied in the report and the actions to be taken to implement the duties and responsibilities set out in the Code be endorsed by the Committee.

3. That the report be submitted to the Executive Member for Environment for approval.

7210/RE