CATTEWATER HARBOUR COMMISSIONERS Aerial view of the Cattewater looking East
CATTEWATER HARBOUR COMMISSIONERS CATTEWATER HARBOUR COMMISSIONERS 2
PREFACE The Cattewater Harbour Commissioners are the Statutory Harbour Authority for the area known as the Cattewater at the mouth of the River Plym. The Commissioners exercise powers derived from the various Acts & Orders extant at the time of writing. The Cattewater hosts several privately owned cargo terminals handling approximately 2 million tonnes of cargo per annum (2016) together with a healthy and vibrant leisure boating community, accommodated in marinas and on river moorings. The prime duty of the Commissioners is to keep the port open and ensure it is both safe to use and used safely. The Port Marine Safety Code provides guidance on how this duty can be met. The Commissioners also act as the Competent Harbour Authority for the Port of Plymouth and thus provides the Pilotage service necessary to ensure safe and efficient passage to all vessels subject to the Pilotage Direction. 3
CONTENTS Para Subject Page Preface. 3 Contents... 4 Abbreviations.. 7 1.1 Introduction 9 2.1 Duty and Powers. 12 2.9 The Designated Person. 13 2.10 Dangerous Substances.. 14 2.11 Dangerous Vessels... 14 2.13 Directions: General Directions/Harbour 14 Directions/Special Directions.. 2.14 Enforcement Policy.. 14 2.15 Environmental Duty. 14 2.16 Health & Safety 15 2.17 Historic Wreck. 15 2.21 Incidents Threatening Pollution... 15 2.23 Local Lighthouse Authority Duties.. 15 2.24 Oil Spill 16 2.25 Pilots. 16 2.26 Pilot and the Port State.. 16 2.27 Pilotage. 17 2.28 Pilotage Direction. 17 2.29 Port Facility Security 17 2.32 Port Waste 17 2.33 Prosecution Policy 17 3.1 Dues. 18 4.1 Risk Assessment.. 19 4.10 Admiralty Charts.. 21 4.12 Cattewater Harbour Users Forum 21 4.13 Code of Conduct.. 21 4.14 Competence Standards. 21 4.15 Consultation. 22 4.17 Emergency Planning 22 4.18 Equipment Maintenance.. 22 4.20 Fire... 22 4.21 Harbour Authorities Liaison Committee.. 22 4.22 Hazard and Operability Study.. 23 4.23 Health & Safety 23 4.25 Incidents... 23 4
Para Subject Page 4.27 Legal Duties and Powers.. 23 4.28 Management Policy.. 23 4.29 Navigation 24 4.32 Personnel.. 24 4.33 Pilotage. 24 4.35 Pollution... 24 4.36 Port Marine Safety Code.. 24 4.37 Responsibilities 24 4.38 Review Process 25 4.40 Risk of Collision... 25 4.41 Vessel Traffic Service.. 25 4.44 Summary.. 25 5.1 Conservancy 26 5.2 Bathymetric Surveys 26 5.3 Chart Corrections. 26 5.4 Dredging.. 26 5.7 Environmental Duty. 26 5.10 Fault Reporting. 27 5.16 Historic Wreck. 27 5.17 Local Lighthouse Authority. 27 5.18 Moorings.. 28 5.19 Navigation Aids Beacons.. 28 5.20 Navigation Aids Buoys. 28 5.21 Oil Spill 28 5.22 Ship s Ballast Water and Sediments 28 5.25 Wrecks. 28 5.27 Works in the Harbour.. 29 6.1 Regulation and Management of Navigation 30 6.7 Authorisation of Pilots. 31 6.8 Assessing the Need... 31 6.9 Available Powers.. 31 6.10 Boarding and Landing Procedures... 31 6.11 Code of Conduct.. 31 6.12 Collision Regulations... 31 6.13 Commercial Pleasure Craft/Water Taxis.. 32 6.15 Compulsory Pilotage 32 6.16 Dangerous Vessels... 32 6.17 Directions and Passage Plans... 32 6.18 Enforcement. 32 6.19 Excepted Vessels.. 32 6.20 Information to be Provided to a Pilot... 32 6.21 Local Lighthouse Authority Duties.. 32 6.22 Other Statutory Pilotage Provision... 33 5
Para Subject Page 6.23 Pilot Boats 33 6.24 Pilot and the Port State. 33 6.25 Pilotage. 33 6.28 Pilotage Directions... 33 6.29 Pilotage Exemption Certificates... 33 6.36 Providing the Service... 34 6.37 Port Passage Guidance. 34 6.39 Recreational Navigation... 35 6.40 Sutton Lock.. 35 6.42 Tugs.. 35 6.43 Two Pilots 35 6.44 Vessel Traffic Service.. 35 6.45 Waiving Directions.. 35 7.1 Marine Services.. 36 8.1 Leisure. 38 - References... 40 Figures 1 Cattewater. 10 2 Outbound tanker in ballast with inbound pleasure craft in foreground 16 3 The ALARP Principle.. 19 4 MT BRO AXEL at Cattedown Wharves... 30 5 Harbour Authority vessels 36 6 Queen Anne Battery and Clovelly Bay marinas 38 Annexes 42 1 Chart of the Cattewater 43 2 Cattewater Harbour Commissioners Organisation 44 3 Cattewater Harbour Commissioners Enforcement Policy 45 4 Cattewater Harbour Commissioners Prosecution Policy 46 5 Pilotage Exemption Certificate Criteria... 47 6 Risk Assessment... 53 7 Incident Reporting Criteria 54 8 Cattewater Harbour Commissioners Personnel Responsibilities... 55 6
ABBREVIATIONS ABP ALARP CHA CHC Code COLREGS Commissioners Associated British Ports As Low As Reasonably Practicable Competent Harbour Authority Cattewater Harbour Commissioners Department for Transport Port Marine Safety Code International Rules for the Prevention of Collision at Sea Cattewater Harbour Commissioners DfT Department for Transport DPP Dockyard Port of Plymouth DPPO Dockyard Port of Plymouth Order 1999 DPRA Dockyard Ports Regulation Act 1865 DSHAR Dangerous Substances in Harbour Areas Regulations 1987 GLA General Lighthouse Authority HALC Harbour Authorities Liaison Committee HAZOP Hazard and Operability Study HSWA Health and Safety at Work etc, Act 1974 IALA IMDG Code IMO MCA MOD NOS PANAR PEC PCS PFSO PIDAR PLNTM PLYMNAVWARNS PPMLC PPSA International Association of Marine Aids to Navigation and Lighthouse Authorities International Maritime Dangerous Goods Code International Maritime Organisation Maritime & Coastguard Agency Ministry of Defence National Occupational Standards Port Aids to Navigation Availability Reporting Pilotage Exemption Certificate Port Control Station Port Facility Safety Officer Pilotage Direction for the Port of Plymouth Plymouth Local Notice to Mariners Plymouth Navigation Warnings Port of Plymouth Marine Liaison Committee Port of Plymouth Sailing Association 7
QHM SHA SI SMS SOSREP SQEP TECF THLS UK UKHO VTS WECOL WED Queen s Harbour Master Plymouth Sutton Harbour Authority Statutory Instrument Safety Management System Secretary of State s Representative Suitably Qualified and Experienced Person(s) Tamar Estuaries Consultative Forum Trinity House Lighthouse Service United Kingdom United Kingdom Hydrographic Office Vessel Traffic Service Water Events Check Off List Water Events Diary 8
INTRODUCTION 1.1 The Department for Transport (DfT) Port Marine Safety Code (Code) (Reference 1), first published in March 2000 and modified in 2004 was revised in 2009 and again in 2015. It provides a summary of the legal duties and powers that the DfT expects harbour authorities to exercise regarding marine safety. The DfT considers that harbour authorities can only discharge their legal duties and powers if appropriate standards are fully met. Guidance being provided in the associate DfT publication to the Code, A guide to good practice on port marine operations, modified in March 2003, refreshed in 2009 and again in 2015 (Reference 2). The DfT also states that the Code is not optional; all harbour authorities are expected to achieve the agreed standard. 1.2 This response to the Code by the Cattewater Harbour Commissioners (CHC) demonstrates that the requirements of the Code have been met. 1.3 As a Trust Port, the CHC also meet the requirements of the DfT s Modernising Trust Ports: A Guide to Good Governance (10 th July 2000) (Reference 3). 1.4 Trust Ports are independent statutory bodies, each governed by its own, unique, local legislation and controlled by an independent board. There are no shareholders or owners. Any financial surplus is ploughed back into the port for the benefit of the stakeholders of the trust. For the Cattewater this role is fulfilled by the CHC. The CHC is therefore the statutory body responsible for undertaking the conservancy and management of the Cattewater which is located at the eastern end of Plymouth s waterfront. 1.5 The CHC is responsible for the waters to the east of a line drawn from the western end of Mount Batten Breakwater and Fisher s Nose, south of West Pier and west of Laira Bridge. Sutton Pool, i.e. north of West Pier, is administered by the Sutton Harbour Authority (SHA). The CHC is not responsible for the privately owned wharves, marinas, etc. 1.6 An aerial view of the Cattewater, with the location of the CHC offices marked, is at Figure 1 below and also shown graphically at Annex 1. 1.7 The users of the Cattewater are varied and are in the main commercial or leisure. 1.8 Commercial vessels routinely visit Victoria Wharf, Cattedown Wharves and the Pomphlett Aggregate import terminal. Corporation Wharf has been developed to host a cement import terminal for West Country Cement (W.C.C.) from February 2017. 9
1.9 Commercial imports include refined clean oil products, agribulks, cement, timber and specialist aggregates. Exports include primary and secondary aggregates, china clay and biomass. A large fish processing plant receives fish on a seasonal basis, and exports frozen fish products. CHC OFFICES Figure 1 - Cattewater 1.10 Commercial fishing vessels using Sutton Harbour transit the Cattewater on their way to and from Plymouth Sound and the open sea. In addition commercial pleasure craft use the Barbican Landing Stage as their base. Finally there are a large number of leisure users both sail and powered either based in the Cattewater, or transiting to and from Sutton Harbour. 1.11 To ensure that the Cattewater is operated efficiently and safely the CHC has published a General Policy Statement, below, which encompasses safety and environmental protection. The General Policy Statement is also published on the CHC website at www.plymouthport.org.uk. 10
General Policy Statement The Cattewater Harbour Commissioners will ensure that the 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 of its duties and responsibilities in a safe and efficient manner. The Cattewater Harbour Commissioners will comply with all legal requirements and aims to meet the national requirements of the Port Marine Safety Code and to heed the guidance in the Guide to Good Practice on Port Marine Operations. The functions of the Commissioners will be conducted openly and transparently and will be in the overall long-term interests of the harbour s stakeholders and beneficiaries. In fulfilling its duties the Commissioners are committed: To ensuring so far as reasonably practical the safety of all those that use and work in the harbour. To preserving the environment and maintaining approved pollution prevention and nature conservation measures. To facilitating the safety of navigation in the harbour and its approaches together with safeguarding the navigational access to and from the harbour. To the provision and maintenance of viable harbour facilities. To actively support the aims and objectives of The Tamar Estuaries Consultative Forum. To providing an efficient pilotage service. To regulating the activities of all those that use the harbour and ensuring the applicable laws are enforced whenever appropriate. To formally review the Harbour Authorities plans, policies and procedures at intervals not exceeding 3 years. 1.12 The organisation of the CHC is shown at Annex 2. 11
DUTIES & POWERS 2.1 The Cattewater falls within the Dockyard Port of Plymouth (DPP) which is managed by the Ministry of Defence (MOD) Queen s Harbour Master Plymouth (QHM) in accordance with the Dockyard Ports Act (Reference 4) and Dockyard Port Order (DPPO) (Reference 5). 2.2 As defined within the DPPO the QHM must have regard to the functions and responsibilities of the other local Harbour and Docks Authorities. Namely, CHC for the Cattewater, and for completeness, Associated British Ports (ABP) for Millbay Docks and the SHA for Sutton Harbour. 2.3 The initial legislation for the Cattewater predates the DPRA of 1865 by some considerable time, the first documentation raised being the Cattewater Harbour Act of 1708 (Reference 6). Since then there has been other legislation (References 7 to 11) to update the original Act as follows: a. Cattewater Harbour Order 1874 (Repealed). b. Cattewater Harbour Order 1915. c. Cattewater Harbour Order 1950. d. Cattewater Harbour Revision Order 1986. e. Cattewater Harbour (Pilotage) Revision Order 1988. f. Cattewater Harbour Revision (Constitution) Order 2005 2.4 The above legislation states the specific responsibilities and powers of the Cattewater Harbour Commissioners (Commissioners) and their Harbour Master. The Commissioners are appointed in accordance with the above, and as a Board, appoint the Harbour Master. 2.5 The relevant sections of national legislation below (Reference 4 for DPRA and 12 to 16), provide further responsibilities and powers to the Commissioners and their Harbour Master: a. Harbour, Docks and Piers (Clauses) Act 1847. b. Commissioners Clauses Act 1847. c. Dockyard Ports Regulation 1865. d. Dangerous Substances in Harbour Areas Regulations 1987 (DSHAR). 12
e. Pilotage Act 1987. f. Harbours Act 1964 (General Directions and Special Directions). 2.6 In addition the following Local Acts and Local Byelaws (References 17 to 27) respectively are relevant: a. City of Plymouth Act 1935. b. City of Plymouth Byelaws (relating to wharves, jetties and hire craft). c. Cattedown Wharves Acts: 1887, 1921, 1957. d. Plymouth Marine Events Base Act 1985. e. Duchy of Cornwall Management Acts 1863-1978. And Local Byelaws f. CHC General 1927, 1935. g. CHC Explosive 1925. h. CHC Petroleum Spirit/Cal. Carbide 1950. i. Sutton Harbour 1929. 2.7 Should the CHC consider that further Byelaws are required, the CHC would make a formal request to Her Majesty s Government. 2.8 In addition to those included as References, the CHC also has marine and other responsibilities and powers under the relevant sections of a number of Acts and Regulations. The Harbour Master acting on behalf of the Commissioners is responsible for ensuring these additional responsibilities and powers are met. The Designated Person: 2.9 The functions of the designated person responsible for CHC obligations under the Code are carried out by a consultant retained by the CHC. The consultant will have direct access to the highest level of the CHC the Board. To ensure that the consultant is a suitably qualified and experienced person (SQEP) to carry out the required functions, he or she will have a marine background and be familiar with marine legislation and especially the Code. 13
Dangerous Substances: 2.10 The Master of any vessel carrying hazardous, dangerous, noxious or polluting substances as cargo has to comply with the IMDG Code (Reference 28) and DSHAR. Such cargoes are handled at wharves within the Cattewater licensed, where appropriate, by the Health & Safety Executive to carry out such activities. Dangerous Vessels: 2.11 Vessels with mechanical, equipment or structural defects are subject to The Dangerous Vessels Act (Reference 29). The CHC Harbour Master is to be informed immediately by the Master of the defect(s) to allow a risk assessment to be carried out prior to the vessels movement within the Cattewater being sanctioned. 2.12 For vessels with such a defect wishing to enter the Cattewater, the vessel will have had to comply with the relevant DPPO Regulation in that permission to navigate within the DPP must be obtained from the QHM; as the vessel has to transit QHM waters before entering the Cattewater. Only QHM, or his deputy, can make the decision to allow a Dangerous Vessel to enter the DPP. Knowing that the Dangerous Vessel wishes to proceed to a berth within the Cattewater, QHM would ensure that the CHC Harbour Master is included within the risk assessment decision making process. Directions/General Directions/Harbour Directions/Special Directions: 2.13 The Harbour Master has the powers to give Special Directions. These apply to specific ships, in specific situations, at specific times. The Cattewater Harbour Authority is a designated Harbour Authority for making Harbour Directions for the regulation relating to the moving, mooring, equipment and manning of ships within the Cattewater. The powers of direction may be exercised on the Harbour Master s behalf by an authorised deputy. The Cattewater Harbour Authority does not have the power of making general directions. Enforcement Policy: 2.14 The CHC has an Enforcement Policy in place. This is detailed at Annex 3. Environmental Duty: 2.15 The CHC complies with the Environmental Protection Act 1990 (Reference 30), the Environment Act 1995 (Reference 31) The Marine & Coastal Access Act 2009 (Reference 32) and other relevant statutory provisions. 14
Health and Safety: 2.16 The CHC complies with the requirements of the Health and Safety at Work etc, Act 1974 (HSWA) (Reference 33) with respect to its own personnel and fully expects any sub-contractors carrying out work for the CHC to also comply. Historic Wreck: 2.17 There is one Historic Wreck, believed to be dated about 1530, in the Cattewater which is protected from unauthorised interference by The Protection of Wrecks Act 1973 (Reference 34). 2.18 The Historic Wreck site is identified on the appropriate Admiralty Charts, and its details are as follows: 1.5 cables NorthNorthEast of Mount Batten Tower (50 o 21.5 North, 4 o 07.7 West), within a 50 metre radius of 50 o 21.7 North, 4 o 07.63 West. 2.19 Within its given area the Act prohibits unauthorised interference with the wreck, tampering with, damaging it or removing any part. Whilst there is no restriction on vessels passing over the Historic Wreck on the surface, diving or depositing anything on the seabed, for example anchoring, is prohibited, without a special licence issued by the Department for Culture, Media and Sport in accordance with the Act. 2.20 The day to day responsibility for administration of the 1973 Act is undertaken by English Heritage as the Department s statutory advisors. The National Heritage Act 2002 (Reference 35) refers. Incidents Threatening Pollution: 2.21 Where an incident is likely to lead to minor marine pollution within the Cattewater, the Harbour Master will take such measures as necessary as detailed in the Cattewater Oil Spill Contingency Plan (Reference 36). If necessary the Dockyard Port of Plymouth and Tamar Estuary Oil Spill Contingency Plan (Reference 37) will be activated. 2.22 Should it be considered that there is a risk of significant marine pollution, it is likely that the Secretary of State for Transport s representative (SOSREP) will be involved. SOSREP will be exercising the powers authorised by the Secretary of State as stated in the Merchant Shipping Act 1995, (Reference 38). Local Lighthouse Authority Duties: 2.23 The CHC fulfils the role of Local Lighthouse Authority for the navigation aids within the Cattewater. 15
Oil Spill: 2.24 Response to an oil spill in the Cattewater is detailed within the Cattewater Oil Spill Contingency Plan in the first instance, and if required by the Dockyard Port of Plymouth and Tamar Estuary Oil Spill Contingency Plan. Plans have been approved by the Maritime & Coastguard Agency (MCA) and contain arrangements for both afloat and shore actions. Pilots: 2.25 As the Competent Harbour Authority (CHA) under the Pilotage Act 1987 the CHC has powers to authorise Pilots once they have completed their training satisfactorily. Pilot and the Port State: 2.26 Where a Pilot learns in the course of his or her normal duties that a vessel has deficiencies which may prejudice safe navigation, or which may pose a threat of harm to the environment, the Harbour Master will be informed immediately. The Harbour Master will then immediately inform the MCA. Port State Control Regulations (Reference 39) refer Figure 2 - Outbound tanker in ballast with inbound pleasure craft in foreground 16
Pilotage: 2.27 Whilst responsible for pilotage within the Cattewater, the CHC has wider powers as the CHA for providing pilotage to all applicable non military vessels, with the exception of vessels on charter to the MOD and proceeding to or from MOD Berths, within the Plymouth Pilotage District. Vessels on charter to the MOD are covered by the DPPO. Pilotage Direction: 2.28 Commercial vessels are to comply with the Pilotage Direction for the Port of Plymouth (PIDAR) (Reference 40) whilst within Cattewater and thus the Plymouth Pilotage District. The PIDAR is available via the CHC website at www.plymouthport.org.uk. Port Facility Security: 2.29 As required by the International Ship and Port Facility Security Code (Reference 41), and the associated Regulations (Reference 42), ships intending to enter a United Kingdom (UK) port must provide answers to security questions before arrival and being granted entry. Port facilities are required to have a Port Facility Security Plan which has been submitted to and approved by the Secretary of State for Transport. 2.30 The UK Government has decided that Ships Agents are best placed to gather the required information and to collect the Pre-Arrival Information required. The information is then passed to the Port Facility Security Officer (PFSO) for the terminals within the Cattewater. The PFSO is that person designated by the facility operator. 2.31 Should the information be incomplete, or unsatisfactory, the PFSO is required to contact the MCA. Port Waste: 2.32 The CHC has delegated to privately owned facilities (Reference 43) the responsibility for ensuring that waste landed by vessels is disposed of in accordance with Port Waste Reception Regulations (Reference 44). Waste generated by day sailors using the CHC moorings will be of a very small volume and will be taken ashore and disposed of through the collection of normal household waste. Prosecution Policy: 2.33 The CHC have a Prosecution Policy in place. This is detailed at Annex 4. 17
DUES 3.1 To allow the CHC to defray the costs incurred in discharging its legal obligations, the CHC is empowered to collect harbour dues against ships using the harbour and against goods or passengers being shipped or unshipped within it. The Harbours Act 1964 refers. 3.2 In its wider role as the CHA under The Pilotage Act 1987, the CHC levies pilotage dues on all vessels that enter the pilotage district which are subject to the requirements of the PIDAR. The CHC is responsible for the maintenance and operation of the Plymouth Pilotage Service. 3.3 The Pilotage Act 1987 allows the CHC as the CHA to grant Pilotage Exemption Certificates (PEC) to those persons being the bona fide Deck Officer of such vessels calling to the Port, subject to passing the PEC Examination Board. See Annex 5. A reduced pilotage levy is payable by those holding PEC s. 3.4 Harbour and Pilotage dues are reviewed annually by the CHC and revised as necessary. Where changes are made these are normally applicable from 0001 on the 1 st April of that year. 3.5 The Harbour and Pilotage (including PEC) dues are published on the CHC website www.plymouthport.org.uk. 3.6 Appeals against dues are made to the Harbour Master in the first instance, and then considered by the CHC Board, whose decision is final. 18
RISK ASSESSMENT 4.1 Individuals and organisations, such as the CHC, manage risk every day, both consciously and unconsciously. The need to do so systematically and explicitly is a matter of transparency, accountability and credibility. 4.2 Risk is something that may happen in the future. Risk management involves the analysis of scenarios about future events, their likelihood, impact and acceptability to stakeholders - i.e. the users of the Cattewater. The process involved for risk management comprises five steps: 1 Identify risks/hazards 2 Assess risks 3 Specify risk control options 4 Make a decision 5 Take action 4.3 The aim of risk management is to reduce the risk factor to as low as reasonable practicable ( ALARP ) the ALARP Principle shown below: UNACCEPTABLE REGION Intolerable Risk Level Risk cannot be justified on ANY grounds THE ALARP REGION Tolerable only if risk reduction is impracticable or if penalties are grossly disproportionate to the improvements gained Tolerable if penalties of reduction would exceed the improvement gained BROADLY ACCEPTABLE REGION Negligible Risk Level Necessary to maintain assurance that risk remains at ALARP Figure 3 The ALARP Principle 19
4.4 The CHC Safety Management System (SMS) operates to this principle. 4.5 Risk management is not confined to the commercial area of the Cattewater. All organised major recreational events held in Plymouth Sound, whether local, national or international sailing races/championships, or other events such as powerboat races, import risk into the Port as a whole. The risk is owned by the organisers, but can be carried by the CHC in the first instance if the participants are based in the Cattewater before proceeding to Plymouth Sound to stage their event. 4.6 Risk Management for the CHC is based on a number of factors, such as formal risk assessments and procedures/controls, to ensure that the risk to all users of the Cattewater is ALARP. 4.7 Formal risk assessments were carried out for a range of risk factors to be expected in port operations within the Dockyard Port and Cattewater: a. Collisions between vessels. b. Contact between vessels and fixed objects. c. Fires. d. Explosions. e. Loss of hull integrity. f. Flooding. g. Grounding. h. Stranding. i. Hazardous, noxious or polluting substances (or cargoes) accidents. j. Accidents to personnel. k. Loss of services. 4.8 A whole port Risk Assessment was carried out in partnership with the MoD in 2009. Each risk factor was looked at in detail and the type of impact, probability, and the safeguards were assessed, should that risk factor actually occur. The type of impact and the safeguards were rated on a scale of severity to indicate the impact to and the probability of occurrence in the port. The document is available on the Queens Harbour Master Plymouth website https://www.gov.uk/government/groups/qhm-plymouth Select Safety Management System, then select Whole Port Risk Assessment (Be advised this is a large document). 20
4.9 There are a number of other factors which contribute to the risk management process, and these are detailed below. Admiralty Charts: 4.10 Admiralty Charts for the whole port and the Cattewater show the depth of water in the main channel, and at moorings, etc. Where changes within the Cattewater have an impact on an Admiralty Chart, the Harbour Master will advise the UK Hydrographic Office (UKHO) accordingly to allow the chart to be updated and a formal Chart Correction to be issued by the UKHO. 4.11 The CHC has a bilateral agreement with the UKHO regarding the exchange of information. Cattewater Harbour Users Forum: 4.12 To manage both commercial and recreational user concerns, the Harbour Master uses the Port of Plymouth Liaison Committee as the vehicle to provide consultation on all marine maritime matters relative to the Cattewater. This forum meets on a regular basis and representatives of all disciplines are members. The aim of the forum is threefold. Firstly, as a formal means of communication between all users of the port. Secondly, to discuss and resolve any concerns before they can escalate into conflict, and thirdly to allow the Harbour Master to brief all concerned on any likely changes or forthcoming events which may have an effect on navigation within the Cattewater. Code of Conduct: 4.13 The CHC produces a Code of Conduct (Reference 45) in place which is published on the CHC website www.plymouthport.org.uk. The code is an agreement between the representatives of those who use the Cattewater, the City Council Pier Master and the Harbour Master. See also paragraph 6.11 below. Competence Standards: 4.14 All CHC personnel are fully trained according to the requirements stated in the CHC Training Manual (Reference 46). These requirements, where applicable, are based on the National Occupational Standards (NOS) by Port Skills & Safety Ltd. This is the ports industry organisation responsible for matters concerning health, safety, skills and standards. The NOS are recognised by the DfT as meeting the requirements of the Code. 21
Consultation: 4.15 The Harbour Master sits on a number of consultative forums within the Port structure: a. Harbour Authorities Liaison Committee (HALC). b. Port of Plymouth Marine Liaison Committee (PPMLC). c. Port of Plymouth Sailing Association (PPSA). d. Tamar Estuaries Consultative Forum (TECF). The Harbour Master is Chairman and Deputy Port Security Officer of the Plymouth Port Security Authority. This role does not arise from the responsibilities of the Commissioners. 4.16 See also Cattewater Harbour Users Forum, paragraph 4.12 above. Emergency Planning: 4.17 CHC s emergency response structure and contingency planning is documented within the Port of Plymouth Cattewater Emergency Plan (CATTEPLAN96) (Reference 46). Equipment Maintenance: 4.18 Maintenance of equipment buoys, beacons, CHC vessels is carried out in accordance with manufacturers instructions by suitably qualified and experienced companies or by SQEP of the CHC. 4.19 The frequency of routine maintenance is stated within the relevant maintenance programmes. Fire: 4.20 Should a fire occur on a vessel at a mooring or moving on the waters of the Cattewater, the Devon & Somerset Fire and Rescue Service are obliged to assist in accordance with the local agreement between Plymouth City Council and themselves. The Fire and Rescue Services Act, 2004 (Reference 47) refers. The Service maintains an afloat capability in the port. Harbour Authorities Liaison Committee: 4.21 The Harbour Master meets on a regular basis with the other harbour masters of the DPP (ABP, QHM and SHA) at the HALC. The HALC discusses matters of general importance to all, and allows each Harbour Master to brief the others of issues within 22
their own area and of any concerns which could be of interest to others. A database of reportable incidents is maintained by the group. Hazard & Operability Study: 4.22 If the Harbour Master considers that a proposed development requires a full in depth risk assessment to be carried out, then it is likely to include a Hazard & Operability Study (HAZOP). The HAZOP will look in detail at all the likely impacts that the proposal will have on the Cattewater and produce a formal report the HAZOP Study. All those concerned with the proposal will be represented on the HAZOP. Health & Safety: 4.23 The CHC complies with the requirements of the HSWA regarding its own personnel and fully expects any sub-contractors carrying out work for the CHC to also comply. 4.24 An assessment (The whole Port Risk Assessment) is completed as required by the Management of Health and Safety Regulations (Reference 48) with respect to the workplace. Incidents: 4.25 A procedure is in place to record and investigate any incident within the Cattewater which compromises the safety of the Cattewater and/or a vessel(s). An incident is reportable when any of the criteria at Annex 7 is met. 4.26 The Incident Data Questionnaire used is common to all the harbour authorities within the DPP ABP, CHC, QHM and SHA. Any investigation and resulting action is carried out by the relevant harbour authority, but a copy of the completed Incident Data Questionnaire is passed to QHM who holds and runs the incident database for the whole DPP on behalf of all the harbour authorities. The incident database is a standard agenda item of the HALC. Legal Duties and Powers: 4.27 Legal duties and powers are as stated within the CHC and national marine related legislation. Management Policy: 4.28 The general management policy of the CHC is available on the CHC website www.plymouthport.org.uk. This policy also includes environmental and safety issues. The policy is reviewed on a regular basis and updated as required. See also paragraph 1.11 above. 23
Navigation: 4.29 The main channel is surveyed on a regular basis and dredging is carried out if required. 4.30 The navigation beacons and buoys are checked by the Duty Pilot and on a regular basis by the Harbour Master. Because of the number of movements, both commercial and recreational, any fault would be quickly recognised and corrective action taken. The light characteristics of the buoys comply with the International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) standard. 4.31 The CHC has a Code of Conduct for Vessels and Craft Using the Cattewater in place. See paragraph 4.13 above. Personnel: 4.32 All personnel involved in Cattewater operations have been fully trained and are SQEP. The CHC Training Manual refers. See also Competence Standards, paragraph 4.14 above. Pilotage: 4.33 Pilotage is carried out by SQEP directly employed by the CHC and is available at all times as stated in the PIDAR. 4.34 Prior to any move the Pilot completes the Port of Plymouth Pilotage Service Passage Plan (Reference 49), and briefs the Master of a vessel accordingly as soon as he arrives on the bridge of the vessel. Pollution: 4.35 The CHC Oil Spill Contingency Plan covers the response to any pollution in the Cattewater. If required The Dockyard Port of Plymouth and Tamar Estuaries Oil Spill Contingency Plan will be activated. Both plans have been accepted by the MCA on behalf of the Secretary of State. Port Marine Safety Code: 4.36 By publishing this response, the CHC is demonstrating that it complies with the Code. Responsibilities: 4.37 The responsibilities of CHC personnel of who is responsible for what are detailed at Annex 9. 24
Review Process: 4.38 The SMS is reviewed annually by the Designated Person (paragraph 2.9 above refers) and updated as necessary. 4.39 The SMS is automatically reviewed following any major incident that occurs in the Cattewater. Risk of Collision: 4.40 Risk of collision in the Cattewater is reduced as all mariners must comply with the International Rules for the Prevention of Collision at Sea (Reference 50), more commonly referred to as COLREGS, and with Local Notice to Mariners No. 5 (The Cattewater Traffic Rules and Regulations) (Reference 51). In addition all waters north of main Breakwater are classed as a narrow Channel within the DYPO 1999 (Reference 5) thus relieving vessels over 20 metres of the burden to avoid vessels less than 20 metres in length. Vessel Traffic Service: 4.41 Covering part of the Cattewater on behalf of the Harbour Master by QHM as the VTS Authority, the VTS is provided at all times by Longroom PCS. The PCS is fitted with a modern Vessel Traffic Management System to marine industry standards which meets VTS Guidelines (Reference 53) and Requirements (Reference 54). This allows QHM to provide a VTS as stated in the Admiralty List of Radio Signals Volume 7 (Reference 55). 4.42 The PCS is manned continuously by a VTS Supervisor who is qualified to the IALA standard and certificated by the DfT. 4.43 In addition there is sufficient communications equipment within the PCS to provide defence in depth in case of failure. Summary: 4.44 No single measure is considered essential to risk management on its own. However, when taken together they complement and corroborate each other to show that the risk is being managed. 4.45 The formal risk assessments, legislation, controls and procedures, stated above, that the CHC has in place shows that the risk to the Cattewater is ALARP. 25
CONSERVANCY 5.1 A number of measures are in place to ensure that the Cattewater is fit for use as a port and in a fit condition for a vessel to use it safely as required by the Code. These measures are described below. Bathymetric Surveys: 5.2 Bathymetric surveys of the Cattewater are carried out on a regular basis by an independent marine survey company. It is on the basis of these surveys that a decision is made by the Harbour Master on whether dredging is required. Electronic copies of the surveys are forwarded to the UKHO who will amend the Admiralty Charts if required. The CHC has a bilateral agreement with the UKHO regarding the exchange of information on hydrographic matters in the Cattewater. Chart Corrections: 5.3 If a correction to the representation of the Cattewater on an Admiralty Chart is required, the Harbour Master will forward full details to the UKHO. CHC have a bilateral agreement with the UKHO regarding the exchange of information on the Cattewater. Dredging: 5.4 When dredging to the main channel and/or the berths alongside the commercial wharves is required, this is carried out by an independent dredging company. This is to maintain the depth marked on the appropriate Admiralty Charts published by the UKHO. 5.5 Prior to dredging a licence to deposit the spoil arising must be obtained to ensure that the requirements of the Marine & Coastal Access Act 2009 are met. The licence is issued by The Marine Management Organisation. Powers to dredge are included in the Cattewater Harbour Order 1915 5.6 During dredging, the work is monitored by the Harbour Master. Environmental Duty: 5.7 To ensure that the environment of the Cattewater is protected, the CHC complies with the Environmental Protection Act 1990, the Environment Act 1995, The Marine & Coastal Access Act 2009 and other relevant statutory provisions. 5.8 The appointed TECF officer acts as the advisor to the CHC on environmental matters. 26
5.9 The CHC, represented by the Harbour Master, is a member of the TECF. This body seeks to sustainably manage the estuarial complex. See Tamar Estuaries Consultative Forum - Tamar Estuaries Fault Reporting: 5.10 Should a Pilot notice that a navigation aid is defective, the Harbour Master is notified. All users of the Cattewater are requested to notify the Harbour Master of any defect to a navigation aid. 5.11 Short term information concerning defective navigational aids, dangers, or other important details are notified by the issue of Plymouth Navigational Warning (PLYMNAVWARNS) messages. These are issued by QHM on the Harbour Master s behalf. 5.12 Any longer term changes likely to affect navigation within the Cattewater are again published on behalf of the Harbour Master by QHM as a Plymouth Local Notice to Mariners (PLNTM). 5.13 Apart from the routine checks made by the Harbour Master and the Pilots, the high level of movements in the Cattewater, commercial and leisure, means that no defect in the navigation aids can remain unnoticed and unreported for any significant time. 5.14 In addition, a yearly audit of all navigation aids within the Cattewater is undertaken by a Trinity House Lighthouse Service (THLS) Inspector of Lights as the General Lighthouse Authority (GLA) with the responsibility for, and control of, navigation marks and lights in the UK. 5.15 Since 2002, statistics required by the GLA, Trinity House, have been provided electronically by the CHC using the PANAR (Port Aids to Navigation Availability Reporting) system. These reports of average availability performance of aids to navigation within the Cattewater are compiled quarterly, and then forwarded to the THLS. The fourth quarterly report becomes, in effect, the annual summary report. Historic Wreck: 5.16 The Historic Wreck north north east of Mount Batten Tower is protected from unauthorised interference under The Protection of Wrecks Act (Reference 34). Paragraphs 2.17 to 2.20 above also refer. Local Lighthouse Authority: 5.17 CHC act as the Local Lighthouse Authority for all navigation aids in the Cattewater apart from those that Plymouth City Council is responsible for. 27
Moorings: 5.18 Moorings within the Cattewater are either maintained by CHC, or by the licence holder as stated in the formal licence agreement, on a regular basis. Navigation Aids Beacons: 5.19 The maintenance of the navigation beacons is carried out on a regular basis to a maintenance plan by an independent maintenance company with experience of maintaining marine navigation aids. Day to day checking is carried out by the Duty Pilot. An independent check is made by the Harbour Master on a regular basis. Navigation Aids Buoys: 5.20 The main channel marker buoys are maintained by the CHC on a regular basis to a maintenance plan. Day to day checking is carried out by the Duty Pilot. An independent check is made by the Harbour Master on a regular basis. Oil Spill: 5.21 Should an oil spill occur within the Cattewater, the CHC Oil Spill Contingency Plan will be activated, and, if required, The Dockyard Port of Plymouth and Tamar Estuary Oil Spill Contingency Plan. Both plans contain arrangements for both afloat and shore actions. Ship s Ballast Water and Sediments: 5.22 The IMO International Convention for the Control and Management of Ships Ballast Water and Sediments (Reference 55) will apply to the those companies based in the Cattewater who may be involved in cleaning or repairing ballast tanks. 5.23 Under Article 5, Sediment Reception Facilities Parties undertake to ensure that in ports and terminals where cleaning or repair of ballast tanks occurs, have adequate reception facilities for the reception of sediments. 5.24 The Harbour Master will review any action that may be required by the CHC once primary legislation has been passed by the UK Government. Wrecks: 5.25 In the event of a vessel becoming a wreck in the Cattewater, the process of removing the wreck is laid down in The Merchant Shipping Act (Reference 57). 5.26 If it is considered that there could be major marine pollution from a wreck, or during the salvage of the wreck, the CHC Oil Spill Contingency Plan, The Dockyard Port of Plymouth and Tamar Estuary Oil Spill Contingency Plan and the National Contingency Plan will apply. 28
Works in the harbour: 5.27 Notification of any works in the Cattewater liable to interfere with navigation is published by QHM on behalf of the Harbour Master as a PLNTM. 5.28 The CHC is a statutory consultee for Plymouth City Council for any onshore waterfront planning permission for the Cattewater. Any request for such permission is forwarded to the CHC for comment purely with respect to any likely impact any such waterside development would have on navigation within the Cattewater. 29
REGULATION & MANAGEMENT OF NAVIGATION 6.1 Although relatively small in total surface area, the Cattewater has a wide mix of stakeholders all wishing to use its waters safely. This includes commercial vessels constrained to the main channel by their draught, (mainly proceeding to and from Cattedown Wharves, Victoria Wharves, Corporation Wharf or the Pomphlett Jetty), pleasure craft operating from the Barbican Landing Stage on harbour tours, and water ferries crossing the main channel between the Barbican and Mount Batten passenger landing stage. There is also a significant number of fishing vessels making their way to and from Sutton Harbour, and recreational sailors under sail and power in a myriad of craft including ocean going yachts, speed boats, and dinghies, all accessing the harbour from a variety of locations around the Cattewater. All are exercising their right of navigation as stated in the Harbours, Docks and Piers Clauses Act 1847. 6.2 For all mariners on the waters of the Cattewater the prime safety regulation is the COLREGS. 6.3 Management of draught constrained vessels is carried out on a day to day basis by the CHC Pilotage Service. Figure 4 - MT BRO AXEL at Cattedown Wharves 30
6.4 Management of the sailing fraternity is, in part, coordinated by the P.P.S.A. as well as individual clubs and organisations. 6.5 To manage both commercial and recreational users concerns, the Harbour Master attends the PPMLC, which meets on a regular basis. See also paragraph 4.12 above 6.6 The Code has navigation measures that it expects harbour authorities to meet, and these are detailed below together with details of how the CHC meets these measures. Authorisation of Pilots: 6.7 Pilots are authorised by the CHC Board once they have completed their training. Assessing the Need: 6.8 The need for pilotage is kept under review and the PIDAR updated as required. Available Powers: 6.9 The operation of the Cattewater is stated within The Cattewater Harbour Order et al, and specifically The Cattewater Harbour (Pilotage) Revision Order 1988 Boarding and Landing Procedures: 6.10 Pilots board and land from vessels in accordance with the MCA Pilot Transfer Arrangements (Reference 58) and the Code of Practice (Reference 59) and BPA/PSSA Boarding & Landing Code Codes of Conduct: 6.11 The CHC has a Codes of Conduct for Vessels and Craft Using the Cattewater in place which is published on the CHC website http://www.plymouthport.org.uk. See also paragraph 4.13 above. Collision Regulations: 6.12 All users of the Cattewater are to comply with COLREGS and with Local Notice to Mariners No. 5 (The Cattewater Traffic Rules and Regulations). Waters north of Plymouth Breakwater are designated a narrow channel. 31
Commercial Pleasure Craft/Water Taxis: 6.13 Pleasure craft arrive and depart from the Barbican Landing Stage with passengers enjoying cruises around Plymouth Sound and the River Tamar. These operate year round with the peak traffic being in the period between Easter and October. 6.14 Ferries run a year round service between the Barbican Landing Stage and Mount Batten Landing Stage. A summer seasonal service operates between the Barbican Landing Stage and Cawsand on the western side of Plymouth Sound, and between Mount Batten and destinations in the river Tamar. Compulsory Pilotage: 6.15 Compulsory pilotage is required as stated in the PIDAR. Dangerous Vessels: 6.16 Vessels with mechanical, equipment or structural defects are to comply with The Dangerous Vessels Act 1985. The CHC Harbour Master is to be informed immediately by the Master of the defect(s) to allow a risk assessment to be carried out prior to the vessels movement within the Cattewater being sanctioned. Directions and Passage Plans: 6.17 Vessels taking a Pilot are briefed by the Pilot using the Port of Plymouth Pilotage Service Passage Plan before the move commences. In addition they are required to contact QHM, as the VTS Authority for permission to proceed. Enforcement: 6.18 The CHC has an enforcement policy. See Annex 3. Excepted Vessels: 6.19 Pilotage directions are as stated within the PIDAR, thus there are no excepted vessels. Information to be Provided to a Pilot: 6.20 Masters of all vessels required by the PIDAR to take a Pilot must provide the Pilot with all the relevant information and details regarding the vessel and the state of its equipment and its cargo. Local Lighthouse Authority Duties: 6.21 The CHC carries out the duties of the Local Lighthouse Authority within the Cattewater. 32
Other Statutory Pilotage Provision: 6.22 There are no unauthorised pilots within the Cattewater. Pilot Boats: 6.23 The pilot boat operated by the CHC complies with the requirements of the MCA SCV Code (Reference 60). The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 (Reference 61) refers. If required the CHC can call on the Pilot Boat operated by the MOD Marine Services Contractor, which is subject to the same Code of Practice and subject to a MOU between the two parties (Reference 62). Pilot and the Port State: 6.24 Where the Pilot learns in the course of his normal duties that a vessel has deficiencies which may prejudice safe navigation, or which may pose a threat of harm to the environment, the Harbour Master is to be informed immediately. The Harbour Master will immediately inform the MCA - Port State Control Regulations (Reference 39) refer. Pilotage: 6.25 Pilotage is required by vessels as stated in The Cattewater (Pilotage) Harbour Revision Order 1988 and the PIDAR. The latter is published by the CHC as the CHA for the Plymouth Pilotage District in accordance with the Pilotage Act. The PIDAR is available on the CHC website at http://www.plymouthport.org.uk 6.26 In its role as the CHA for the Plymouth Pilotage District, the CHC covers a wider area than the Cattewater. The area of jurisdiction of the Plymouth Pilotage District, for commercial vessels, is the tidal waters of the Port of Plymouth bounded on the north by the Tamar Bridges, on the east by the Laira Bridges, and the south by an imaginary line drawn three and a half nautical miles radius from the lighthouse on Plymouth Breakwater; with the exception of any wharves, piers, jetties, docks or moorings belonging to the MOD. 6.27 Pilotage to commercial berths west of the narrows (Cremyll-Stonehouse) is carried out under the authority of QHM. Pilotage Directions: 6.28 Commercial vessels are to comply with the PIDAR published by the CHC. Pilotage Exemption Certificates: 6.29 Pilotage Exemption Certificates (PEC) are granted by the CHC in its role as the CHA as allowed under the Pilotage Act 1987 to those persons being the bona fide Deck Officer of such vessels calling to the Port, subject to passing the PEC Examination 33
Board. The PEC is valid from the southern boundary of the Plymouth Pilotage District (to the south of Plymouth Breakwater) to one or more of the destinations described within the Certificate. 6.30 Examinations and certification are conducted to the syllabus and standards published by the CHC and available from the Harbour Master. Annex 5 refers. The examining board is chaired by the CHC Harbour Master, as the CHA. As vessels have to pass through QHM waters to reach the Cattewater, QHM, normally represented by the Chief Admiralty Pilot or his delegate, is a member of the examining board. 6.31 Qualification conditions (period of validity, conditions for renewal etc) are in line with the requirements of the Code and published by the CHC. Details of individuals holding PECs are passed to QHM as the VTS Authority for the DPP. 6.32 Use of the PEC is detailed on the certificate. However it should be noted that in the event that the services of a tug are required, then a Pilot must be used, even though ship s staff are in possession of a PEC. 6.33 If from the initial investigation by the Harbour Master it appears that the PEC holder has been guilty of negligence, incompetence or misconduct, the PEC will be suspended immediately, and if necessary, following completion of the detailed investigation by the Harbour Master, and representation by the holder, the PEC will be withdrawn. Prior to suspension and/or withdrawing, written notification will be given to the holder and the holder s employer. 6.34 The PEC is valid for one year, or until it is rendered invalid, whichever is the sooner, at which time it must be reviewed. 6.35 The holder s employer is directly accountable for notifying the CHC of any circumstance which will render the PEC invalid. Providing the Service: 6.36 Pilotage services within the Cattewater are provided by the CHC. Port Passage Guidance: 6.37 Port passage guidance is published in: a. PIDAR. b. Admiralty Sailing Directions Channel Pilot NP27 (Reference 63), published by The Hydrographer of the Navy. 6.38 The DPPO also refers. 34
Recreational Navigation: 6.39 Recreational users of the Cattewater are to comply with COLREGS and with Local Notice to Mariners No. 5 (The Cattewater Traffic Rules and Regulations) at all times. Sutton Lock: 6.40 The Sutton Harbour Company Act 1847 (Reference 63) confers the SHA with the authority to direct vessels which lie or moor within a 100 yards semi-circle from the lock entrance. However the responsibility for navigation in this semi-circle remains with the CHC at all times. Tugs: 6.42 Where a tug is required to assist in the movement of a commercial vessel within the Cattewater a Pilot must be embarked on the vessel. Tugs managing dead tows (e.g. barges) will not normally require a Pilot, but may be directed to do so. Two Pilots: 6.43 Should a situation occur where it is considered that two pilots are required to provide pilotage to a vessel, the decision whether to do so would be made following a formal risk assessment by the Harbour Master. Vessel Traffic Service: 6.44 A VTS is provided within the Cattewater on behalf of the Harbour Master by QHM as the VTS Authority for the DPP. Waiving Directions: 6.45 Directions will not be waived within the Cattewater by the Harbour Master. 35
MARINE SERVICES 7.1 The CHC owns and operates a fleet of three vessels to provide its marine services throughout the Cattewater: a. Prince Rock - an 18 tonne bollard pull workboat. b. Maker - the Pilot Boat. c. Plym Catte - a 14m multidisciplinary work boat 7.2 All craft meet the requirements of the MCA SCV Code (Reference 60). Figure 5 - Pilot Boat Maker (left) and workboat Prince Rock (right) 7.3 Where there is a need for towage with a greater bollard pull than that of the Prince Rock, the CHC can call on the services of other tug operators within the Port. These tugs fully meet the requirements of current government legislation administered by the MCA. 36
7.4 It should be noted that actual tug operations will be dictated by the circumstances applicable to the time of the tug assisted move and as directed by the CHC Pilot. 7.5 A Fleet Engineer is employed by the CHC to carry out routine maintenance on the vessels. 7.6 All three vessels are surveyed on a regular basis to ensure that they are fit for purpose. 37
LEISURE 8.1 The Cattewater hosts superb waterside leisure facilities to cater for the whole range of activities for the leisure sailor. Whether sailing locally within the Cattewater or Plymouth Sound, going further afield around the coast, sailing across the Channel to the north coast of France for the weekend, or even heading for the Canary Islands and across the Atlantic, all their needs are catered for by the two large marinas located at Queen Anne Battery adjacent to Sutton Lock, and Clovelly Bay at Turnchapel. See Figure 6 below. CHC TROT MOORINGS CLOVELLY BAY MARINA QUEEN ANNE BATTERY MARINA Figure 6 - Queen Anne s Battery and Yacht Haven (Clovelly Bay) marinas 8.2 Smaller boatyards are located on the west bank of the River Plym adjacent to Laira Bridge and in Pomphlett Lake which offer pontoon and drying berths respectively. A dry stack boat storage facility is located on the eastern riverbank near Oreston. The CHC also offers a number of trot moorings within the Cattewater. These are located off Oreston; see Figure 6 above. Mooring associations operate blocks of moorings in the Cattewater. Licenced drying moorings are available on a case by case basis. 8.3 Collectively, these facilities have allowed Plymouth to gain an excellent reputation for hosting premier ocean races and world-class water events with the Cattewater being used as the base for them. 38
8.4 In addition leisure craft transit the Cattewater to and from Sutton Marina within Sutton Pool. Sutton Pool is administered by the SHA. 8.5 A number of sailing clubs are based in the Cattewater with the world famous Royal Western Yacht Club, the spiritual home of the single-handed trans-atlantic race, located at Queen Anne Battery Marina. In addition the Mount Batten Centre, a Royal Yachting Association Centre of Excellence, offers a wide range of waterborne activities. 8.6 To ensure that interaction between commercial and leisure users is managed effectively the CHC Harbour Master is a member of the PPMLC; where the views of harbour users can be aired. See paragraph 4.12 above. 8.7 The PPSA acts as the focal point for sailing within the Cattewater and the DPP as a whole. The PPSA produces a yearly programme which it forwards to QHM who then produces an electronic Water Events Diary (WED) (Reference 65) which is posted on the QHM Plymouth website annually http://www.royalnavy.mod.uk/qhm/plymouth. The WED lists on a month by month basis all events taking place within the Cattewater and elsewhere within the Dockyard Port. 8.8 The PPSA advises, and QHM requires, all sailing clubs to complete a Water Event Check-Off List (WECOL) (Reference 66) prior to each of their events and forward it to the QHM Longroom PCS at Stonehouse. 8.9 CHC requires a WECOL to be completed by those who do not fall within the remit of the PPSA. 8.10 Longroom in its role as the VTS control ensures the live deconfliction between users of the Port. 8.11 Some sailing races take place within the Cattewater, however the majority of sailing race participants and leisure sailors are transiting the Cattewater on their way to and from the Sound. 39
REFERENCES 1. DfT Port Marine Safety Code (Modified 2009). 2. DfT A guide to good practice on port marine operations (Modified 2009). 3. DfT Modernising trust ports: a guide to good governance (10 July 2000). 4. Dockyard Ports Regulation Act 1865. 5. The Dockyard Port of Plymouth Order 1999 Harbour, Docks, Piers and Ferries S.I. No. 2029 6. Cattewater Harbour Act 1708. 7. Cattewater Harbour Order 1874. 8. Cattewater Harbour Order 1915. 9. Cattewater Harbour Order 1950. 10. Cattewater Harbour Revision Order 1986. 11. Cattewater Harbour (Pilotage) Revision Order 1988. S.I. No. 1703 12. Harbours, Docks and Piers (Clauses) Act 1847. 13. Commissioners Clauses Act 1847. 14. Dangerous Substances in Harbour Areas Regulations 1987. S.I. No. 37 15. Pilotage Act 1987. 16. Harbours Act 1964 (General Directions and Special Directions). 17. City of Plymouth Act 1935. 18. City of Plymouth Byelaws (relating to wharves, jetties and hire craft). 19. Cattedown Wharves Acts: 1887, 1921, 1957. 20. Plymouth Marine Events Base Act 1985. 21. Duchy of Cornwall Management Acts 1863-1978. 22. CHC Byelaw General 1927. 23. CHC Byelaw General 1935. 24. CHC Byelaw Explosive 1925. 25. CHC Byelaw Petroleum & Mineral Oil 1924. 26. CHC Byelaw Petroleum Spirit/ Cal. Carbide 1950. 27. Sutton Harbour Byelaw 1929. 28. International Maritime Dangerous Goods Code. 29. Dangerous Vessels Act 1985. 30. Environmental Protection Act 1993. 31. Environment Act 1995. 32. Marine & Coastal Access Act 2009 33. Health and Safety at Work etc. Act 1974. 34. Protection of Wrecks Act 1973. 35. The National Heritage Act 2002. 36. CHC Oil Spill Contingency Plan. 37. Dockyard Port of Plymouth and Tamar Estuaries Oil Spill Contingency Plan. 38. The Merchant Shipping Act 1995, Chapter 21, Part VI, Chapter II, Section 137.-(5). 39. SI 1995 No. 3128 The Merchant Shipping (Port State Control) Regulations 1995. 40
40. Pilotage Direction for the Port of Plymouth. 41. The International Ship and Port Facility Security Code. 42. SI 2004 No. 1495 The Ship and Port Facility (Security) Regulations 2004. 43. CHC Letter dated 4 th November 2004. 44. SI 2003 No. 1809 The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003. 45. Code of Conduct for Vessels and Craft Using the Cattewater. 46. CHC Training Manual. 47. Port of Plymouth Cattewater Emergency Plan (CATTEPLAN96). 48. The Fire and Rescue Services Act 2004. 49. SI 1999 No. 3242 Management of Health and Safety Regulations 1999. 50. Port of Plymouth Pilotage Service Passage Plan. 51. International Rules for the Prevention of Collision at Sea. 52. Local Notice to Mariners No. 5 (The Cattewater Traffic Rules and Regulations). 53. IMO Resolution A.857 (20) Guidelines on VTS. 54. IALA VTS Manual. 55. Admiralty List of Radio Signals Volume 7. 56. IMO International Convention for the Control and Management of Ships Ballast Water and Sediments. 57. The Merchant Shipping Act 1995, Section 252. 58. Marine Shipping Notice MSN 1716 (M+F) Pilot Transfer Arrangements 59. The Code of Practice for Safe Embarkation & Disembarkation of Pilots (BPA/UKMPG/UKMPA) 60. MCA The Code of Practice for the Safety of Small Workboats and Pilot Boats. 61. SI 1998 No. 1609 The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998. 62. Memorandum of Understanding QHM/CHA. 63. Admiralty Sailing Directions Channel Pilot NP27. 64. Sutton Harbour Company Act 1847. 65. Water Events Diary. 66. Water Events Check Off List. 41
ANNEXES 42
ANNEX 1 CHART OF THE CATTEWATER 43
ANNEX 2 CATTEWATER HARBOUR COMMISSIONERS ORGANISATION 44