Harbours Advisory Committee

6 March 2024

Weymouth Harbour General Directions

For Recommendation to the Portfolio Holder

Portfolio Holder: Cllr R Bryan, Highways, Travel and Environment

Local Councillor(s):	All Councillors

Executive Director:	Jan Britton, Executive Lead for Place

Report Author: Ed Carter

Job Title:	Dorset Harbours Manager & Weymouth Harbour Master

Tel:	01305 838493

Email:	ed.carter@dorsetcouncil.gov.uk

Report Status: Public Choose an item.

Brief Summary:

Statutory Harbour Authorities should comply with the Port Marine Safety Code ("PMSC"). One of the recommendations of the PMSC is that Statutory Harbour Authorities without 'general powers of direction' should either secure such powers through a Harbour Revision Order ("HRO") or apply to be designated with powers of harbour direction.

Recommendation:

That the Harbours Advisory Committee recommend that the Portfolio Holder for Highways, Travel, and the Environment approve the Weymouth Harbour General Directions to be brought into force.

Reason for Recommendation:

Some harbour authorities have powers, through their local enabling legislation, to give ‘general directions’ to enable them, after due consultation, to lay down general rules for navigation (subject to certain constraints) and regulate the berthing and movements of ships. These carry the force of law but are often easier to achieve and amend than using byelaws, and thus act as a useful mechanism for managing navigation and furthering safety. General directions procedural provisions involve publication of proposed directions, in accordance with Section 22 of the Weymouth Harbour Revision Order, but they are not required to be confirmed by the Secretary of State as is the case with byelaws.

To assist in the management of Weymouth Harbour, in compliance with the Port Marine Safety Code, the Council has obtained an extended and modernised power to issue general directions under the Weymouth Harbour Revision Order 2021, and new General Directions have been drafted.

These General Directions have been given for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation, the safety of persons and the protection of property, flora and fauna in Weymouth Harbour as prescribed in article 21 of the 2021 Order.

The introduction of new General Directions for Weymouth Harbour contributes to the delivery of Dorset Council Harbours Strategic goals - 1. To maintain safe working harbours and provide high quality infrastructure and facilities and 6. To protect Dorset’s natural capital by operating best practice in environmental management of the harbours.

Report on the completed consultation on the Weymouth Harbour General Directions

Consultation on the Weymouth Harbour General Directions was held over a period of 6 weeks from Wednesday 28th June to Wednesday 9th August 2023.

In compliance with Section 22 of the Weymouth Harbour Revision Order 2021, the consultation was conducted in the following manner:

Notice in writing was given to the Chamber of Shipping (CoS) and the Royal Yachting Association (RYA).

Notice in writing was given to the Weymouth Harbour Consultative Group, comprised of representatives for:

RNLI

Boat Owners – Non-commercial Moorings

Yacht Clubs of Weymouth

Training & Education Schools

Commercial Passenger Carrying Vessels

Weymouth Beach Leisure Users

Dorset Police

Harbour Traders

Weymouth Town Council

Charter Boats

Commercial Fishermen

Weymouth Marina (Boatfolk)

Notice was placed on Dorset Council’s ‘Citizen Space’ webpage, a dedicated page providing the public with the opportunity to consult on all manner of Dorset Council decisions.

Notice was placed on the Weymouth Harbour website and social media channels.

Notices were placed in prominent places around Weymouth Harbour, including:

Weymouth Harbour Office noticeboard

North Quay Marina noticeboard

Westwey marina noticeboard

Boatfolk Marina

On the 28th of July, the RYA contacted the harbour master requesting an extension for them to formulate a response to the consultation. A two-week extension was granted, expiring on 23rd August.

Upon closure of the consultation on the 9th of August, responses had been received from 3 private individuals, from Weymouth Sailing Club on behalf of the Weymouth Harbour Consultative Group and Weymouth Sailing Club. A response was received from the RYA on Tuesday 22nd August.

On the 29th of August, the letter that was sent to the CoS was returned to the Harbour Office unopened. As a named statutory consultee, response from the CoS is decisive in this process. Direct contact was immediately made with the CoS, and on the 28th of September they confirmed that they had reviewed the General Directions and had no comment to submit.

Some general observations on the consultation responses are as follows:

Two responses from private individuals concerned the deployment of fishing gear posing a danger to navigation, especially around the harbour entrance. In both cases, the Directions concerning the deployment of gear were examined, and found to be sufficient.

A response questioned the recommended speed limit of 4 knots and asked if 5 knots (with no wash) would be more prudent. The required speed of 4 knots is a primary control measure concerning the safe navigation of vessels, and the potential risks posed to other vessels, infrastructure, and persons. Particularly within the bathing water area at Weymouth Beach, it is paramount that stringent safety measures remain in place as the risks to swimmers from a collision with a vessel are compounded with increased speed. As such, the speed limit of 4 knots within the harbour, and within the beach bathing area, remains in place.

General consent remains in place for acts of towage and the lifting of vessels for organisations such as Weymouth Sailing Club, Sea Start and the RNLI where established risk assessments and procedures are in place. It has also been clarified that lifting operations undertaken using davits on Pleasure Vessels do not require consent.

The Directions concerning the notification by VHF of vessel arrival, departure, and berth to berth movements within the harbour have been re-worked to concentrate on vessels over 20m LOA (length overall). The original Directions were flagged as being unduly onerous by both the RYA and Weymouth Sailing Club and it is accepted that given the nature and extent of vessel activity in the harbour, there is no general requirement for the harbour master to plan the movement or departure of such vessels and accordingly, no justification for such vessels to be required to give advance notice of their movement or departure. An example of similar reporting would be ABP Southampton, which is a much busier commercial port, and only requires such reporting from vessels of 20m LOA or more. Powers of Special Direction remain in place for control of all vessel traffic within Weymouth Harbour, should the need arise.

Clarification has been made surrounding the requirements for vessels to report contact or grounding. The initial draft Directions were found to encompass situations such as launching vessels from, or recovering to, a trailer, or where a small vessel would deliberately ground when accessing the beach through the approved approach channel. The re-worded direction no longer stipulates the requirement for vessels to notify the harbour office where contact or grounding is conducted in a planned or routine situation. The requirement for all vessels over 20m LOA to report such circumstances remains in place.

The decision has been taken not to require vessels under 6m LOA to display identifying marks, to not encompass craft such as windsurfers, paddle boards, canoes/kayaks, or inflatable beach toys. The requirement for Personal Watercraft to obtain and display a unique Datatag number remains as a stipulation of the Water Sports Permit, which is in turn a requirement under the General Directions.

A couple of minor changes have been made where some General Directions referred to another Direction by an incorrect number.

The final confirmation from the RYA that they are satisfied that their comments on the Directions have been duly considered, and that they endorse the adoption of the General Directions, was received on 15th February.

The final copy of the General Directions can be found at Appendix 1.

Financial Implications

2.1	There are financial considerations with the ongoing work in the harbour which includes ensuring compliance with the Port Marine Safety Code. These are managed through the routine Committee budget setting and monitoring processes.

Natural Environment, Climate & Ecology Implications

There are no negative natural environment, climate & ecology implications linked to the subject of this report. General Directions specifically related to activities that can be detrimental to the environment such as the discharge or ballast and bilge water, fuel and bunkering, and the disposal of refuse, are being introduced, with the express aims of controlling and tackling pollution, and promoting environmental and habitat protection.

The Harbours aim to meet the targets adopted by Dorset Council in July 2021, setting out a framework for action to become a carbon neutral Council and the direction of travel needed for a County-wide approach. Harbours have an important role in helping to deliver some of the goals set out within the strategy and will aim to reduce their carbon footprint in line with that of other Council Services.

Well-being and Health Implications

Much of the focus of the proposed General Directions is on navigational safety and of other activities supporting the health and wellbeing of harbour users. Established safety management systems at the harbours also support the ongoing health and well-being of harbour users and harbour employees.

Other Implications

5.1	None

Risk Assessment

HAVING CONSIDERED: the risks associated with this decision; the level of risk has been identified as:

Current Risk: Low

Residual Risk: Low

Equalities Impact Assessment

There are no negative equalities impact issues resulting from the subject of this report.

Appendices

Appendix 1 – Weymouth Harbour General Directions – Final (to follow)

Background Papers

9.1	None

Report Sign Off

10.1	This report has been through the internal report clearance process and has been signed off by the Director for Legal and Democratic (Monitoring Officer), the Executive Director for Corporate Development (Section 151 Officer) and the appropriate Portfolio Holder(s)