NATIONAL CONTINGENCY PLAN FOR MARINE POLLUTION FROM SHIPPING AND OFFSHORE INSTALLATIONS

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7.    HARBOUR RESPONSE
Powers of harbour authorities
7.1    For an incident occurring inside the harbour authority’s jurisdiction, the harbour master is in control of the incident response from the outset.  All harbour masters have powers to direct the time and manner of a ship’s entry into, departure from, or movement within a harbour.  This gives a harbour master the power to regulate day to day movements within the harbour.  However, it does not permit the harbour master to prohibit or insist upon entry.

7.2    Some harbour authorities have powers to issue general directions.  Unlike the harbour master’s powers, these powers are not ship and movement specific.  Neither do they enable the harbour authority to prohibit or insist upon a ship’s entry or departure.  However, the Dangerous Vessels Act 1985 does permit a harbour master to prohibit entry or require departure from a harbour.  The harbour master may do so if, in his opinion, the condition of that ship, or the nature of anything it contains, is such that its presence in the harbour might involve a grave and imminent danger to the safety of persons or property or risk that the ship may, by sinking or foundering in the harbour, prevent or seriously prejudice the use of the harbour by other ships.  The harbour master must have regard to all the circumstances and to the safety of any person or ship.  

Roles of the harbour master and the SOSREP
7.3    It is envisaged that many incidents will be handled entirely adequately by implementing the local contingency plan and through the combined efforts of the harbour master, salvors, ship owners and crew, and MCA staff from the region.  In such cases the SOSREP may not need to issue any directions.  But the SOSREP will be monitoring the decisions and actions being taken and ensuring that they are being taken in the light of a full knowledge of the relevant environmental sensitivities and an understanding of the effects that might ensue.

7.4    The statutory powers of the Secretary of State do empower the SOSREP to take over command of all operations in certain circumstances.  One example could be where there is an urgent need of a place of refuge for a vessel in order to lessen the risk of pollution or in the interests of safety.  In such a case the SOSREP may override the authority of the harbour master.  The SOSREP can exercise the same power in dealing with the owner of any coastal facility, privately owned or otherwise.  Where possible the SOSREP endeavours to put the notice of intervention in writing, however if this is not immediately possible, confirmation is provided when circumstances permit.  Furthermore, the control exercised by the SOSREP need not be total.  It can be limited to requiring certain general courses of action to be adopted or avoided.  This control need not take the active form of giving directions.  It can be in the form of monitoring the proposals for, and progress of operations to ensure that the wider public interest is being safeguarded.

7.5    The SOSREP, in most cases, seeks to work with the harbour authority to resolve incidents.  The SOSREP can use the intervention powers in support of the harbour authority’s management of the incident.

7.6    Where the SOSREP is of the opinion that giving a direction to a harbour master would not be likely to achieve the desired result, or where a direction has been given, and has not achieved a sufficient result, the SOSREP may instigate such action as deemed necessary to achieve the desired outcome.  In this situation the SOSREP will normally authorise another agency or organisation (e.g. police, Royal Navy etc) to take the required action directly.  Action at this level is considered most unlikely in respect of a port or harbour.  However it could involve taking over operations and facilities and involve all persons or organisations acting on the SOSREP’s directions.  In these circumstances any person who obstructs operations could commit a criminal offence.

Command and control centre
7.7    The command and control centre (or SCU) is located either at the port’s own operations room or at the nearest RCC.  Some ports can cope with large salvage operations.  In these ports, the SOSREP may view it as an advantage to exercise control using port facilities.  The harbour master is a member of the SCU and it may be beneficial to maintain their presence at the port so that they can keep control of other activities within the port.  The decision whether to use the port or Coastguard facilities for the control centre should be predetermined in the local plan taking account of many factors, including:

• the availability and range of communications equipment (radio link with the casualty, salvors, and emergency units on scene, spare telephone lines, e-mail facilities, faxes etc);
• the need for ancillary equipment such as radar equipment for the control of port traffic;
• the availability of local knowledge of environmentally sensitive areas, bathymetry, port resources to supplement rescue, salvage and counter pollution efforts;
• size of building and number of rooms available (large rooms for press briefings and communications, quiet rooms for decision making by the SCU);
• the availability of support staff; and
• location (ease of access, available parking).

Division of responsibilities for clean up
7.8    The responsibilities for the clean up of pollution within the jurisdiction of a harbour authority, whatever the source of the pollution, are as follows:

Shore based spill
7.9    Although this National Contingency Plan is for marine pollution from shipping and offshore installations, it should be noted that the MCA  supports the environmental regulator (EA, SEPA or EHS) with appropriate resources in the event of a large shore-based spill affecting the UK waters.

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