WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance WEST INDIA AND MILLWALL DOCK SYSTEM Marine Safety Management System Part 3, Harbour Regulations and Guidance • Harbour Master/Deputy Harbour Master/Assistant Harbour Master: o Weekdays, 0900-1700: 02075175557/5559/5555 o (Note office is not continuously manned) o [email protected] • Duty Harbour Master: o Out of working hours: TBN o [email protected] • Canal and River Trust o Enquiries: 0303 0404040 o Emergencies: 0800 4799947 o [email protected] o https://canalrivertrust.org.uk WID-MSMS-PT3 VER 03/21 1 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance ABBREVIATIONS AND DEFINITIONS Term or Acronym Description AIS Automatic Identification System ACOP Approved Codes of Practice AtoN Aid to Navigation CHA Competent Harbour Authority CHIRP Confidential Hazardous Incident Reporting Programme "The Code" Refers to the "Port Marine Safety Code" COMAH Control of Major Accident Hazard Regulations CRT Canal and River Trust DfT Department for Transport DRA Dynamic Risk Assessment DGHAR Dangerous Goods in Harbour Area Regs 2016 EU European Union FEPA Food and Environment Protection Act 1985 (FEPA) GLA General Lighthouse Authority GPS Global Positioning System "The guide" Refers to "The Guide to Good Practice on Port Operations HSE Health and Safety Executive HMRC Her Majesty’s revenue and Customs IMO International Maritime Organisation Incident Refers to an Accident or Near Miss IALA International Association of Lighthouse Authorities LLA Local Lighthouse Authority LPS Local Port Service MCA Maritime and Coastguard Agency WID-MSMS-PT3 VER 03/21 2 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance For the purpose of these Directions, the Master includes, MASTER but not exclusive to: Owner or mariner, whether commercial, recreational under power or sailing MAIB Marine Accident Investigation Branch For this guide, marine operations are to be taken to mean the moving, berthing and unberthing of vessels and other Marine Operations marine craft within the limits and approaches of the Statutory Harbour Authority of West India and Millwall Dock System MSMS Marine Safety Management System The Merchant Shipping (Oil Pollution Preparedness OPRC Response and Co-Operation Convention) Regulations PEC Pilotage Exemption Certificate PMSC Port Marine Safety Code PMSMS Marine Safety Management System PSS Port Skills and Safety RAMS Risk Assessed Method Statement SHA Statutory Harbour Authority SOSREP Secretary of State Representative SQEPed Suitably Qualified and Experienced Person International Convention on Standards of Training, STCW Certification and Watchkeeping for Seafarers SWL Safe Working Load THE SYSTEM West India and Millwall Dock System UKHO United Kingdom Hydrographic Office UKMPA United Kingdom Maritime Pilot's Association VHF Very-High Frequency WID-MSMS-PT3 VER 03/21 3 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance CONTENTS 1. Introduction 2. Context 3. Application and Enforcement Policy 4. Amendments 5. Stakeholder Forum 6. Bye laws 7. Right of Access 8. Right of Navigation 9. Communications 10. Harbour Master Approval 11. Operating Times 12. Schedule of Services and Charges 13. Dock, Lock and Bridge Dimensions 14. Water Level Constraints and Parameters: High and Low Water Timings 15. West India Lock Depths 16. West India and Millwall Dock System - Minimum Depth 17. West India and Millwall Dock System - Minimum width 18. West India and Millwall Docks System - Bridges and Air draughts 19. Access to West India and Millwall Docks 20. Organisations as defined by the Port Marine Safety Code 21. Procedure for Entering and Berthing in West India and Millwall Docks 22. Movement within the Docks, winding and towing 23. Berths, Non-Dock Mooring and Berth Changes 24. Bellmouth Restrictions and Dangers WID-MSMS-PT3 VER 03/21 4 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance 25. Notices to Dock Users/Notice to Mariners 26. Licences: Recreational, Commercial, Third Party Works 27. Registration of vessels 28. GENERAL TERMS AND CONDITIONS OF USE 29. Insurance 30. Residential Moorings 31. Navigation in Lock and Dock Systems – International Regulations 32. Navigation in Lock and Dock Systems – National Regulations 33. Navigation in Lock and Dock Systems – Local Regulations 34. Compliance 35. GENERAL DUTIES OF MASTERS 36. Safety of navigation, Dock Cuttings and Passages 37. Vessel Names, Numbers, and permits 38. Vessels not to make fast to others 39. Gangways/Safe Access 40. Avoidance of Dredging, diving, and other works 41. Vessels Used for fishing 42. Unseaworthy Vessels 43. Unattended Vessels 44. Obstruction to Navigation 45. Fires 46. Prohibited Goods 47. Obstruction of Water Frontage 48. Unauthorised Parking 49. Canal and River Trust Equipment 50. Pollution WID-MSMS-PT3 VER 03/21 5 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance 51. Bunkering and Refuelling of all Craft 52. Sewage 53. Residential Use 54. Recreational Sailing 55. Water Skis, Wet Bikes, Personal Watercraft 56. Sub Aqua 57. Qualifications and crewing of Vessels 58. Safety Requirements and Water Quality 59. Dangerous Obstruction 60. Quay Side Lock Machinery 61. Unauthorised Water Users 62. GENERAL REQUIREMENTS: WORKS OVER, ON OR BENEATH THE SYSTEM 63. Floodlights/Nightworks 64. Diving 65. Safety Boats 66. Hot Works 67. Towage Annexes A. Schedule of Services and Charges B. Relative River and Dock Levels C. Lock, Dock and Bridge Dimensions D. Oil Transfer Safety Check List E. Booking and Entering West India Lock and Berthing F. Communications G. Towage proforma H. West India and Millwall Dock System I. Residential Mooring Guidance WID-MSMS-PT3 VER 03/21 6 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance 1. INTRODUCTION 1.1. Harbour authorities are responsible for managing and running safe and efficient harbours: they have responsibilities in relation to the safety of vessels and people within the harbour, efficient navigation, and protection of the port environment. 1.2. These Regulations and Guidance form Part 3 of the West India and Millwall Docks Marine Safety Management System: Parts 1 and 2 deliver the Canal and River Trust (The Trust) Policies and Principles, and Operations Manual respectively. Parts 1 and 2 are internal Trust documents. 1.3. Part 3 forms the Harbour Regulations and Guidance for West India and Millwall Docks (WID) which gives the terms and conditions of entry and use and details processes and procedures for the safe navigation and operations within WID. 2. CONTEXT 2.1. The Trust derives its powers from legislation, including Harbours Act 1964, Pilotage Act 1987, Transport Act 1981, Harbours, Docks and Piers Clauses Act 1847, Dock Regulations 1988. Further the Trust draws on industry best practice such as the Port Marine Safety Code, and A Guide to Good Practice on Marine Operations. 2.2. Further, the London Docklands Development Corporation Act 1994 sees Byelaw confirmed 116 Dec 1996 2.3. The Trust’s responsibilities also include the protection, regulation, maintenance and improvement of its Ports and Approaches. Harbour Masters appointed by The Trust, are responsible for the day-to-day management and safety of marine operations undertaken in the harbour. 2.4. It is the statutory duty of the Authority to deliver practices and processes to enable safe use within the docks and lock, and to this end the Harbour Directions (General Directions) and Byelaws (enacted by14 of the Harbours Act 1964) will be enforced through this document. 2.5. The Port Marine Safety Code defines the roles and responsibilities of organisations operating within the harbour. All vessel and terminal operators are to be aware of their role in the PMSC context and are required to operate to the various industry legislation, codes, and best practice applicable to their service delivery: for safety boats, the rescue Boat code, for example. 3. Application and Enforcement Policy 3.1. Adherence to the Harbour Regulations and Guidance is mandatory and a condition of operating within the approaches, lock, and dock: see Byelaw No5. 3.2. Nothing in this document absolves an Owner, Master, or mariner, whether commercial, recreational under power or sailing, for their responsibility for a proper material state of their vessel or passage planning, berth to berth, within, or in the approaches to WID. 3.3. Residential vessels are to 3.4. The Harbour Master, or his/her delegated representative, verbally face to face, by VHF or phone or by written communication has the authority to apply these Directions as deemed fit according to the conditions at the time. 3.5. Enforcement Policy WID-MSMS-PT3 VER 03/21 7 WEST INDIA AND MILLWALL DOCKS Marine Safety Management System: Harbour Regulations and Guidance 3.6. The Canal and River Trust (The Trust) is responsible for enforcing many of the laws and regulations that apply with in the defined Statutory Harbour Authority (SHA) boundaries; but enforcement does not necessarily mean prosecution. 3.7. Prosecution and the associated penalties imposed by a Court provide the ultimate sanction, but enforcement provides a range of responses from education and advice to informal verbal warnings, through formal written warnings to action in the Courts. 3.8. Legal Background of the Trust as the SHA • The Transfer of Functions Order, 2012, (The Order) consolidated earlier legislation covering West India and Millwall Docks. The Order provides the legislative backbone to the Trust as the SHA, but it is not the only law that applies with in the harbour; the national laws of England and Wales also apply. • The Order, through the Byelaws, creates offences as well as providing the powers under which the Trust can act. The order also provides that the Harbour Master can give Special Directions. Failure to comply with some of the provisions of the Order, Byelaws and Directions are offences for which offenders can be prosecuted.