Issue - meetings

Port Authority Compliance Plans

Meeting: 10/03/2020 - Executive (Item 34)

34 Port Marine Safety Code - Pathway to Compliance pdf icon PDF 72 KB

To consider the report of the Director (DB).

 

Additional documents:

Decision:

Agreed

RECOMMENDED that Council approve:-

 

(1)  the amendment of the constitution to setup a politically balanced Harbour Board (Council Committee) comprising of six elected Members and six externally appointed members;

 

(2)  the Terms of Reference for the Harbour Board as follows:

 

(a)  To maintain strategic oversight and direction of all aspects of the Harbour operation, including marine safety;

(b)  To be responsible for the development of policies, plans, systems and procedure for safe navigation;

(c)  To ensure that all assessments and reviews are undertaken as required to maintain and improve marine safety;

(d)  to ensure that the harbour authority sees and adopts appropriate powers for the effective enforcement of their regulations, and for the setting of dues at a level which adequately funds the discharge of all their duties;

(e)  To appoint a Designated Person to provide independent assurance directly to the Duty Holder that the Marine Safety management system is working effectively; and

(f)   To investigate the potential for applying for a Harbour Revision Order to empower the Council to take enforcement action on issues such as dangerous use of jet skis through Special Directions and to oversee a review of the Bye-Laws covering the Estuary; and

 

(3)  the expenditure of £25,000 on a Harbour Patrol vessel following the contributions from East Devon District Council (£15,000) and Exmouth Town Council (£10,000).

 

Reason for Decision:

As set out in the report.

 

 

 

 

 

Minutes:

The Executive received the report on the Port Marine Safety Code, which detailed the required changes that would help ensure Exeter City Council met the Marine Safety Code compliance standard.

 

Members were referred to the report which outlined the governance arrangements and legal framework required to obtain the compliance with the Port Marine Safety Code. Exeter City Council was responsible for looking after the waterways between the Mill on the Exe and Exmouth and the formation of a constituted Port Authority Harbour Board was a necessary step toward compliance.

 

Particular reference was made to the appointment of the Harbour Master in 2019, who had undertaken various engagement work with partners and users on the Exe Estuary and Canal. This had helped encourage East Devon District Council and Exmouth Town Council to contribute funds for a harbour patrol vessel. Once in place, one of the early challenges for the Harbour Board would be to explore the legal options to provide enforcement powers to help manage safety within the Port.

During the discussion, it was noted that £1,800 would be earmarked from within existing Waterways budgets to meet any running expenses of the Harbour Board.

 

RECOMMENDED that Council approve:-

 

(1)  the amendment of the constitution to setup a politically balanced Harbour Board (Council Committee) comprising of six elected Members and six externally appointed members;

 

(2)  the Terms of Reference for the Harbour Board as follows:

 

(a)  To maintain strategic oversight and direction of all aspects of the Harbour operation, including marine safety;

(b)  To be responsible for the development of policies, plans, systems and procedure for safe navigation;

(c)  To ensure that all assessments and reviews are undertaken as required to maintain and improve marine safety;

(d)  to ensure that the harbour authority sees and adopts appropriate powers for the effective enforcement of their regulations, and for the setting of dues at a level which adequately funds the discharge of all their duties;

(e)  To appoint a Designated Person to provide independent assurance directly to the Duty Holder that the Marine Safety management system is working effectively; and

(f)   To investigate the potential for applying for a Harbour Revision Order to empower the Council to take enforcement action on issues such as dangerous use of jet skis through Special Directions and to oversee a review of the Bye-Laws covering the Estuary; and

 

(3)  the expenditure of £25,000 on a Harbour Patrol vessel following the contributions from East Devon District Council (£15,000) and Exmouth Town Council (£10,000).

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