Port Marine Operations Safety Policy & Safety Plan

Newhaven Port & Properties Ltd (NPP), as the Statutory Harbour Authority for the Port of Newhaven, commits to complying with the Port Marine Safety Code (PMSC) and observing the guidance contained in the accompanying Guide to Good Practice on Port Marine Operations (GTGP).

The NPP Marine Safety Management System (MSMS) exists to fulfil this commitment and will be a living document, continuously reviewed and updated to ensure best practice. The Navigational Risk Assessments are part of the MSMS and will be regularly reviewed, including following lessons learned from incidents and near-misses.

The NPP MSMS defines the aims, roles, duties, policies, procedures, objectives and monitoring requirements as required by the PMSC and commits NPP to undertake and regulate marine operations in a way that safeguards the harbour, its users, the public and the environment.

NPP make a commitment to not allow commercial pressures to compromise marine and navigation safety, the safe provision of its services and the efficient discharge of its duties. It commits to ensuring that any marine services it provides will be done so in an efficient manner using trained, qualified and competent Officers. 

NPP commit to effectively regulate vessels within the harbour and its approaches and will encourage incident and near-miss reporting for the benefit of continual improvement of the MSMS. They also commit to ensuring that the powers and resources are available for the enforcement of legislation and prosecution of offenders.

The Harbour Master and the Port Manager (Designated Person) will regularly keep the Managing Director, representing The Board of Directors (The Duty Holder), assured of the continuing compliance with the PMSC.

The Designated Person will conduct regular audits of the MSMS and will report to the Duty Holder. His report, together with the Harbour Masters annual report will assist with the compilation of the Action Plan for the forthcoming year.

The Port Management Team will hold an annual Port Marine Operations Management meeting attended by the Managing Director, Port Manager, Harbour Master, SHEST Officer and the Technical Manager, whereby the reports, Safety Policy, Safety Plan and Action Plan will be discussed and implemented.

The MSMS annual report and MSMS action plan will together form the annual review of the MSMS and the Safety Plan required by the PMSC. The Duty Holder will make an annual statement of compliance with the PMSC on the Port website and in the Sussex Express Newspaper.

An external audit of the MSMS and its compliance with the PMSC will be carried out by reputable specialist consultants at intervals not exceeding two years. The report received from the external auditor will be fed into the MSMS report to The Duty Holder and any recommendations approved to be implemented will be included in the MSMS Action Plan.

The Duty Holder will make a statement of compliance with the PMSC to the Maritime & Coastguard Agency (MCA) on a three yearly basis.

An independent Navigational Risk Assessment review will be conducted every 5 years.

 

The Duty Holder will ensure that NPP discharges its responsibilities to:

  • Undertake and regulate marine operations in a way that safeguards the harbour, its users, the public and the environment.
  • Encourage commercial activities but without undermining the safe provision of services and the efficient discharge of NPP’s duties.
  • Take reasonable care, so long as the harbour is open for public use, that all who may choose to navigate in it may do so without danger to their lives or property.
  • Conserve and promote the safe use of the harbour and prevent loss or injury caused by the Authority’s negligence.
  • Have regard to efficiency, economy and safety of operation as respects the services and facilities provided.
  • Take such action that is necessary or desirable for the maintenance, operation, improvement or conservancy of the harbour.
  • Ensure enough resources are available to discharge their marine safety obligations and set the level of port dues accordingly.
  • Regularly review all applicable legislation to ensure it remains fit for purpose.

 

NPP will ensure there is proper and safe control of ship movements by regulating the safe arrival, departure and movement within the harbour of all vessels, and by:

  • Conducting risk assessments of all marine activities and either eliminate navigational and other hazards or establish suitable control measures to reduce the risk to as low as reasonably practicable.
  • Reviewing the risk assessments annually or following an incident or change in practice.
  • Ensuring staff are provided with suitable training to ensure their competence.
  • Ensuring staff carry out procedures correctly.
  • Regulating the activities of harbour users (water & land side) to maintain a safe port for all.
  • Protecting the general public from dangers arising from marine activities.
  • Establishing a Port Control System providing information to harbour users.
  • Disseminating information to port users by Local Notices to Mariners, Port User Group meetings and information provided on the website.
  • Monitoring the effectiveness of plans and procedures and recording information.
  • Investigating the circumstances of vessels failing to comply with procedures.
  • Taking appropriate action to deal with areas of non-compliance.
  • Establishing a policy on enforcement and prosecution procedures.
  • Providing procedures for reporting of deficiencies on visiting vessels.
  • Ensuring Port Authority vessels meet statutory requirements and appropriate codes.
  • Having in place a system for Incident reporting and investigation so as to determine the cause to prevent recurrence and to determine if an offence has been committed.
  • Taking note of, assessing and implementing relevant recommendations made by the Marine Accident Investigation Branch (MAIB).
  • Ensuring that commercial workboats are properly manned and certificated.
  • Carrying out all its functions with special regard to the environment.

 

NPP will provide a Pilotage service to ensure the safety and protection of all harbour users, the infrastructure and the environment. They will control and regulate it by:

  • Keeping the need for pilotage under constant review by consultation and assessment.
  • Issuing Pilotage Directions to establish compulsory pilotage and defining the Pilotage District.
  • Entering into a contractual agreement with the pilotage company.
  • Setting the standards for and only using suitably trained and authorised Pilots.
  • Enabling pilotage to be fully integrated with other port safety services.
  • Setting the standards for training and issuing of pilot exemption certificates (PEC’s).
  • Periodically assessing the competence of Pilots and PEC holders.
  • Having in place a system for Incident reporting and investigation so as to determine the cause to prevent recurrence and to determine if an offence has been committed.
  • Establishing procedures for suspension and revocation of certificates.
  • Establishing procedures for the resolving of disputes.
  • Ensuring that pilot vessels meet statutory requirements and appropriate codes.
  • Ensuring that Marine employees are adequately trained and qualified and records kept.
  • Ensuring the use and recording of passage planning and master/pilot information exchange.
  • Establishing a Pilotage Committee involving major stakeholders and holding meetings.
  • Identifying by risk assessment any circumstances when two pilots would be needed to conduct the navigation of a vessel safely.
  • Requesting and recording a Master’s declaration that the Pilot Ladder complies with SOLAS requirements and having a policy in place if it does not.
  • Arranging for the provision of tug services.
  • Carrying out all its functions with special regard to the environment.

 

NPP has a duty to conserve the harbour so that it is a safe port for vessels to use, by:

  • Ensuring regular hydrographic surveys are carried out.
  • Arranging regular external audits of the in-house hydrographic survey team.
  • Ensuring adequate resources are available for continuing training of surveyors.
  • Finding and marking the best navigable channel in the harbour.
  • Ensuring Harbour Authority vessels meet statutory requirements and appropriate codes.
  • Providing users with up to date information on depths, channels and prevailing conditions.
  • Providing the UKHO with information under a form of agreement.
  • Acting as the Local Lighthouse Authority on behalf of the General Lighthouse Authority.
  • Ensuring navigational aids are suitable for the task, correctly placed, regularly inspected and maintained in good working order. Continually assess the requirement for additional aids.
  • Reporting defects of navigational aids to harbour users, Coastguard and the GLA.
  • Establishing a position of safe anchorage.
  • Keeping the Harbour approaches clear of obstructions.
  • Ensuring any wreck, obstruction or other hazard to shipping is marked and/or removed and/or warnings promulgated.
  • Ensuring that dredging is conducted by a reputable company and the terms and conditions of the dredging/disposal licence are strictly adhered to.
  • Assessing and licensing any works within or near the harbour, liable to interfere with the safety of navigation or the environment.
  • Reviewing procedures in place if harbour operations, facilities or traffic type/volume change.
  • Carrying out all its functions with special regard to the environment.

 

NPP will ensure that the following Plans are produced, practiced and regularly reviewed and updated as required and to comply with relevant legislation:

  • Port Fire Plan as required by HASAW Act 1974, MHSAW Regs 1999, the Regulatory Reform (Fire Safety) Order 2005 and the PMSC.
  • Port Emergency Plan as required by the MS (Dangerous Goods in Harbour Areas) Regs 2016, the HSE Safety in Docks ACOP L148, the Civil Contingencies Act 2004, and the PMSC.
  • Oil Spill Contingency Plan as required by the MS (Oil Pollution, Preparedness, Response and Cooperation Convention) Regs 1998 and PMSC.
  • Waste Management Plan as required by MS (Port Waste Reception Facilities) Regulations 2003 and the Amendment Regulations of 2009 and 2016.
  • Port Security Plan as required by The Aviation and Maritime Security Act 1990, the International Ship and Port (Security) Facility Regs 2004 and the Port Security Authority Regs 2009.
  • Safety Policy and safety Plan for Marine Operations as required by the PMSC.

NPP is a Category 2 Responder under the Civil Contingencies Act 2004 (CCA) and will co-operate with and share relevant information with all Category 1 Responders (emergency services and local authorities) and other category 2 responders. The Harbour Master and Port Security Officer will be members of the Local Resilience Forum and attend the Category 2 meetings and working groups as necessary.

 

NPP will collect the information required from vessel’s under the MS (Vessel Traffic Monitoring and Reporting Requirements) Regs.2004/2011, and will forward this information to the MCA by the quickest possible means.

 

NPP will, under the MS (Port State Control) Regulations 2011, report to the MCA any vessel that has apparent anomalies which may prejudice the safety of the ship or which poses an unreasonable threat of harm to the marine environment. NPP will encourage its authorised Pilots to report such anomalies to them as required by these regulations.