Agenda Document Pack - Harbours Sub-Committee - 02/06/2026
Moray Council · 2 June 2026
Back to Harbours Sub-Committee — 2 June 2026 and its agenda
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Harbours Sub-Committee Tuesday, 02 June 2026 NOTICE IS HEREBY GIVEN that a Meeting of the Harbours Sub-Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Tuesday, 02 June 2026 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minutes of meeting dated 17 March 2026 5 - 8 4. Written Questions ** 5. Compliance Summary Report by Executive Director Economy, Enterprise and Operations 9 - 122 6. Marine Safety and Operational Summary for Quarter 4 2025- 26 Report by Executive Director Economy, Enterprise and Operations 123 - 134 Page 1
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Summary of Harbour Sub Committee Functions To fulfil the role of Duty Holder as described in the Port Marine Safety Code, and to provide strategic oversight and direction for harbour operations, giving greater focus and clarity on the Council’s role as harbour authority. Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 3
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MORAY COUNCIL Harbours Sub-Committee SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor James Allan (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 01343563015 Clerk Email: lissa.rowan@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Harbours Sub-Committee Tuesday, 17 March 2026 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Amber Dunbar, Councillor Marc Macrae, Councillor Sonya Warren IN ATTENDANCE Executive Director Economy, Enterprise, and Operations; Head of Operations and Environment; Interim Service Manager Harbours; and L Rowan, Committee Services Officer. 1 Chair Councillor Macrae chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 of the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons regarding any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda. 3 Minute of Meeting dated 4 December 2025 The Minute of the meeting of the Harbour Sub Committee dated 4 December 2025 was submitted and approved. 4 Written Questions The Committee noted that no written questions had been submitted. 5 Marine Safety and Operational Summary for Quarter 3 2025-26 The meeting had before it a report by the Executive Director Economy, Enterprise and Operations informing the Committee on matters of Marine Safety and compliance with the Port Marine Safety Code (PMSC) for Quarter 3 2025/26. Item 3. Page 5
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During discussion surrounding harbour dredging, Councillor Cameron requested that the harbour’s dredging plan be included within future reports, noting that providing the specific number of hours or days allocated for dredging would reassure harbour users that a clear plan is in place. In response, the Head of Operations and Environment agreed to include the harbour’s dredging plan in future reports and advised that she would circulate the plan to the Committee following the meeting. Cllr Cameron welcomed the report and suggested that, as it is a public document likely to be read by harbour users, a glossary of technical terms should be included to assist readers unfamiliar with specialist terminology. In response, the Head of Operations and Environment agreed to include a standing appendix with future reports offering an easily understandable guide to harbour terminology which would explain terms such as “duty holder” and the “Port and Marine Facility Safety Code” to support readers without technical knowledge. Cllr Warren sought clarification on several harbour infrastructure matters. She noted that the report identifies structural issues at Buckie, Portknockie and Cullen, however queried why a wall at Findochty Harbour, which had been reported at a recent harbour meeting to have moved by five inches, was not included and whether this was a new issue. She further asked whether the current capital plan has sufficient funding to address the identified structural problems, how significant the issues are if they cannot be repaired promptly, and how repairs will be prioritised. In response, the Head of Operations and Environment advised that the wall at Findochty Harbour is understood to be a flood structure rather than part of the harbour infrastructure, however advised that she would confirm this with the structural engineering team and report back to the Committee following the meeting. She explained that all fixed harbour infrastructure is routinely inspected, with condition reports used to rank assets by risk and priority, and capital funding allocated to those requiring the most urgent work however to provide the Committee with confidence in its role as duty holder, she suggested providing a one-off report to a future meeting of the Harbour Sub Committee setting out the inspection and prioritisation processes in more detail. Cllr Warren asked for an update on plans to make Buckie Harbour more attractive and welcoming for visiting cruise vessels. She referred to discussions at the Buckie Harbour meeting in relation to improvements that could enhance the harbour’s appearance and appeal to tourists and requested information on what actions the Council is taking or could take to support this. In response, the Head of Operations and Environment advised that she would update the Committee on any future developments regarding visiting cruise vessels. In relation to Harbour User meetings, Cllr Cameron noted that these meetings currently operate in isolation, aside from officer attendance, and proposed that regular reporting to the Harbour Sub Committee could provide a more cohesive understanding of activity across different harbours and suggested that the Harbour Sub Committee consider receiving updates from the various Harbour User meetings. Page 6
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In response the Head of Operations and Environment agreed to include an update from each Harbour User meeting in the quarterly reports to the Harbour Sub Committee. Cllr Warren sought clarification as to whether the council is fully licensed and compliant in relation to the storage of waste oil, particularly at Buckie but also across other harbours and queried whether all harbour users are aware of the correct procedures, locations, and proper methods for storing both waste oil and fuel. In response, the Interim Service Manager, Harbours advised that the Harbourmaster had already raised the issue of oil storage and carriage at a recent Harbour User Meeting, and confirmed it is a key area the team will be reviewing. He advised that the fuel tank at Burghead has already been examined to ensure compliance, and the team will next review arrangements at the smaller harbours and that an update will be reported back to the Committee once this work has been completed. Thereafter, Councillor Cameron moved that the Committee accept the recommendations printed within the report with the exception of the proposed delegation of authority to the Head of Operations and Environment in consultation with the Chair of Harbours Sub-Committee to declare full or partial compliance (based on evidence no later than 30 March 2026) with the Port and Marine Facilities Safety Code by 31 March 2026 as it was his view that the Committee, being the designated duty holder, should be responsible for any declaration of full or partial compliance with the Port and Marine Facilities Safety Code. Councillor Dunbar, being content with the recommendations in the report, moved that the Committee agree the recommendations as printed. This was seconded by the Chair. In order to provide assurance to the Committee in relation to the proposed delegation of authority to the Head of Operations and Environment in consultation with the Chair of Harbours Sub-Committee to declare full or partial compliance (based on evidence no later than 30 March 2026) with the Port and Marine Facilities Safety Code by 31 March 2026, the Head of Operations and Environment offered to provide an informal update to the Committee prior to 31 March 2026 to outline progress in relation to compliance with the Port and Marine Facilities Safety Code. After considering the advice from the Head of Operations and Environment, Councillor Cameron was content to receive an informal update on compliance with the Port and Marine Facilities Safety Code and withdrew his original motion. The Committee joined the Chair in welcoming the considerable progress across all the harbours in Moray and thereafter agreed: (i) to note the actions taken against achieving compliance with the PMSC as set out in paragraph 4.7 of the report; (ii) to delegate authority to the Head of Operations and Environment in consultation with the Chair of Harbours Sub-Committee to declare full or partial compliance (based on evidence no later than 30 March 2026) with the Port and Marine Facilities Safety Code by 31 March 2026 subject to the provision of an informal update for the Committee outlining progress in Page 7
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relation to compliance with the Port and Marine Facilities Safety Code; (iii) to note the reported progress against the KPIs for the Marine Safety Plan 2025-2028, fulfilling their function as Duty Holder under the Port Marine Safety Code (PMSC) as set out in paragraphs 4.8 and 4.9 of the report; (iv) to note the harbours financial position as set out in paragraph 5, operations activity report as set out in paragraph 6, and conservancy reports as set out in paragraph 7; (v) that the harbour’s dredging plan would be included in future reports; (vi) to include a standing appendix with future reports offering an easily understandable guide to harbour terminology; (vii) that a report setting out the inspection and prioritisation processes for harbour infrastructure be brought to a future meeting of this Committee; (viii) that any developments in relation to visiting cruise vessels would be brought to this Committee for consideration; (ix) to include an update from each Harbour User meeting in the quarterly reports to this Committee; and (x) to note that an update on the Council’s compliance with oil and fuel carriage and storage will be reported back to a future meeting of this Committee once work in this area has been completed. Page 8
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Report to: Harbours Sub Committee Meeting Date: 2 June 2026 Report by: Executive Director Economy, Enterprise and Operations Author: Cameron MacPhail Contact Email: cameron.macphail@moray.gov.uk Subject: Compliance Summary 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Harbour Sub Committee (HSC) on matters of Marine Safety and compliance with the Port Marine Safety Code (PMSC). 1.2 This report is submitted to the Harbour Sub Committee in terms of Section III (F) (25) of the Council's Scheme of Administration relating to the functions of Council as Statutory Harbour Authority (SHA). 2. SUMMARY 2.1 The report sets out the following updates that were carried out to processes, procedures and the Marine SMS in order for the Council to declare compliance to the PMSC, and seeks approval of the amendments made. 3. RECOMMENDATIONS 3.1 It is recommended that the Sub Committee: i) Notes that the Head of Operations and Environment, in consultation with the Chair of Harbour Sub Committee, declared compliance with the PMSC on 31 March 2026; and ii) Approves the policy documents and amendments to the Marine Safety Management System referenced and included in the appendices to this report. Cameron MacPhail Interim Service Manager Harbours Item 5. Page 9
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4. Moray Council Harbours PMSC – Summary 4.1 Summary of outstanding non-compliances closed since February 2026 Subject Evidence required for compliance Recommendations Current compliance status Dangerous Vessels If the Organisation is a Harbour Authority, are powers to issue Dangerous Vessels Directions by the Harbour Master included in the Marine Safety Management System (MSMS)? A detailed procedure should be produced. Dangerous Vessel policy and procedure to be written and integrated into the MSMS. Ensure required staff knowledge is captured on competency records. Staff trained and assessed. Complete – Dangerous Vessel management section included in MSMS Pilotage Competent Harbour Authority (CHA) Has an FRA been conducted into the requirement for Pilotage? Is the Organisation a CHA? An FRA for the requirement of pilotage should be conducted for all harbours. FRAs to include an assessment for all harbours and update the Buckie FRA to clarify the Buckie pilotage jurisdiction. Complete – Navigational Risk Assessments identify control measures for Pilotage and referenced in MSMS Enforcement Policy Is there clear policy on enforcement and prosecution? A policy on enforcement must be produced and approved by the Duty Holder. Enforcement policy drafted and with legal service for verification prior to being brought to Duty Holder for approval and integration into the MSMS. Complete – Policy attached for approval Assessment of Vessel Traffic Management using Marine Guidance Note (MGN) 401 (MCA, 2022) Has a Formal Risk Assessment (FRA) been conducted into the requirement for a Vessel Traffic Service. An FRA needs to be conducted to determine the level of Vessel Traffic Management required at each of the harbour areas. Risk Assessments and Operational procedures to be updated. Complete – Formal Safety Assessment carried out 4.2 Dangerous Vessel Directions, (PMSC Section 4.23) – amendment to HSMS in line with Section 1 of the Dangerous Vessel Act 1985. This update provides governance and Page 10
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directions for the harbours team to execute the management of dangerous vessels. Note: the directions may be overridden by the SOSREP who may issue contrary directions to the Harbour Master. The Marine Safety Management System as attached as Appendix 1 for approval contains the procedures. 4.3 Pilotage and Navigational Risk Assessments Navigational Risk Assessments (PMSC Section 5) – Navigational Risk Assessment (NRA) for Buckie harbour reviewed and additional five NRAs for the recreational harbours assessed and drafted. Outputs of the NRAs suggest a navigational control measure to limit vessel size to all harbours (except Buckie) to 15m length overall (LOA), without the express permission of the Harbour Master. This does not mean vessels over 15m cannot be accommodated at the five recreational harbours, but a formal RA will be carried out by the Harbour Master prior to berthing approval. The Navigational Risk Assessments are available via CMIS as additional information. 4.4 Pilotage (PMSC Section 4.25) – following the completion of the Navigational Risk Assessments and limiting LOA factor, it is deemed through formal assessment the LOA mitigation supports that the current provision of pilotage covering all Moray Council Harbours is not required. Non Compulsory Pilotage remains an offering for Buckie alone and this is detailed within the NRA. Suggestion Moray Council seek to undertake a formal assessment of the 1987 Pilotage Act and risk assess to determine if Pilotage at Buckie Harbours should be compulsory for vessels of a specified length. 4.5 Enforcement Policy – new policy drafted to ensure Moray Council, under the statute of Grampian Regional Council (Harbours) Order Confirmation Act 1987 Part III clause 29, can carry out enforcement within the Moray Council Harbours jurisdiction. Byelaws and directions have been adopted to manage the identified marine safety and conservancy risks. The policy is attached at Appendix 2 for approval by this Sub-Committee. 4.6 Vessel Traffic Management – A formal Safety Assessment (FSA) has been carried out to assess the management of navigation and traffic across all Moray Council harbours. The outcome of the assessment derived that the current navigational management of Moray Council Harbours, via a Local Port Service, is appropriate to the level and type of traffic currently handed at the ports. Improvements include promulgating Notice to Mariners in a timely manner, the inclusion of a single point contact for all harbour users (i.e. Buckie Duty Watchman), and suggested VHF calling for arrival and departure at harbours. The Harbour Master has drafted a suggested Notice to Mariners relating to VHF communication. The Formal Safety Assessment is attached at Appendix 3 for noting. 4.7 Other Minor Amendments to the MSMS Whilst not relating to closing the non-compliances, some other minor amendments to the MSMS have been included for approval. These are: • Pilotage act, conduct and liability – inclusion of wording to reflect the act of pilotage, the conduct expected of the pilots (including suspension of authorisation), and limited liability placed on the pilot act, which is limited to £1000 per act. • Training requirements – update to reflect legislation and training requirements for Oil Spill Contingency, and the provision of Local Port Service function training. • References to existing powers and guidance on use of special directions (section 1.3). Page 11
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• Port Facility Security Plan (ISPS) – current OBC (cargo) security plan updated to reflect future PAX (passenger/cruise) operations. Plan submitted to the DFT Maritime Compliance Division for approval. 5. SUMMARY OF IMPLICATIONS 5.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) Policy and Legal Financial Risk Staffing Best Value and Transformation Property Information Communications Technology/Digital Equalities. Social Inclusion and Economic Impact ✓ Climate Change and Biodiversity Impact 5.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population 5.3 Policy and Legal The Council aims to run the harbours in compliance with the PMSC and within the legislative framework set out for harbours. Non compliance with the code will have legal implications. Page 12
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5.4 Financial Non compliance with the code may have financial implications. 5.5 Risk Non compliance with the PMSC could result in the prosecution of the authority. 5.6 Staffing There are no staffing implications. 5.7 Best Value and Transformation None. 5.8 Property There are no implications for property. 5.9 Information Communications/Technology/Digital None. 5.10 Equalities, Social Inclusion and Economic Impact There are no implications arising from this report. Any policy amendments are technical in nature and do not impact on equalities, social inclusion or socio-economic matters. 5.11 Climate Change and Biodiversity Impacts None. 6. CONSULTATION 6.1 This report has been prepared in consultation with the Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Service Manager Legal Services, Senior Engineer (Flood Risk Management), Principal Climate Change Officer, Equalities Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. 7. BACKGROUND PAPERS 7.1 N/A Page 13
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 1 OF 75 ISSUE A REV 01.9 MARCH 2026 Appendix 1 HARBOURS SAFETY MANAGEMENT SYSTEM Page 15
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 2 OF 75 ISSUE A REV 01.9 MARCH 2026 Version control template Date of Creation: January 2002 Owner (Service): Harbours Service Reviewer Service Manager: Environment and Operations Approver Executive Director: Economy, Enterprise & Operations Date Approved: May 2026 Approver (Committee): Harbour Sub Committee Date Approved: xxxx Next Review Date: 22 October 2026 Version History Version Date Author Changes Made Approved By 1.0 Jan 02 C J MIDDLETON - HARBOUR SERVICE Implementation 1.1 Oct 06 C J MIDDLETON - HARBOUR SERVICE Minor revisions K STRATTON 1.2 Dec 07 C J MIDDLETON - HARBOUR SERVICE Burghead launch procedure revision K STRATTON 1.3 Feb 10 W MACKAY - HARBOUR SERVICE Update Buckie operating constraint K STRATTON 1.4 Apr 12 C J MIDDLETON - HARBOUR SERVICE General review and update K STRATTON 1.5 Oct 17 D BREMNER – HARBOUR SERVICE General review and update N MOSS 1.6 Jan 20 D BREMNER – HARBOUR SERVICE Comprehensive review and update N MOSS 1.7 Oct 24 D BREMNER – HARBOUR SERVICE General review and update N MOSS 1.8 0ct 25 P JENNINGS – HARBOUR SERVICE Update against revised PMSC HSC 1.9 May 26 C McPhail – Interim Service Manager Harbours Update against revised PMSC and audit Page 16
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 3 OF 75 ISSUE A REV 01.9 MARCH 2026 DISTRIBUTION LIST COPY NO HOLDER NOTE 1 Harbours Compliance Folder Shared folder 2 Duty Holder – Members of Harbour Sub Committee Electronic copy Page 17
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 4 OF 75 ISSUE A REV 01.9 MARCH 2026 TABLE OF CONTENTS Page ABREVIATIONS ............................................................................................................................... 5 CROSS REFERENCE TABLE ........................................................................................................ 5 1 INTRODUCTION ........................................................................................................................ 6 1.1 Purpose and Application ...................................................................................................... 6 1.2 Policy Statement .................................................................................................................. 6 1.3 Applicable Codes and Regulations .................................................................................. 6 - 8 1.4 Duties Holders - Duties, Powers and Responsibilities.......................................................... 9 1.5 Responsible Persons - Moray Harbours ........................................................................ 9 - 10 1.6 Organisation Chart ............................................................................................................. 11 1.7 Qualifications and Training ................................................................................................ 12 1.8 Document control procedures………………………….……......................................................... 13 1.9 Review and Revision .......................................................................................................... 13 2 OVERVIEW OF THE HARBOURS .............................................................................................. 14 2.1 Buckie .......................................................................................................................... 14 - 18 2.2 Burghead ..................................................................................................................... 18 - 21 2.3 Recreational Harbours ....................................................................................................... 22 2.4 Principal Hazards ................................................................................................................ 23 3 RISK MANAGEMENT............................................................................................................... 24 3.1 Introduction ....................................................................................................................... 24 3.2 Purpose .............................................................................................................................. 24 3.3 Scope .................................................................................................................................. 24 3.4 Responsibilities ................................................................................................................... 25 3.5 Procedure .................................................................................................................... 25 - 26 3.6 Definitions .......................................................................................................................... 26 3.7 Toolbox Talks ............................................................................................................... 26 - 27 3.8 Unusual/Exeptional Operations ......................................................................................... 27 3.9 Contractor Compliance………………………………....………………………………………………………………27 3.10 Generic Review Of Hazards…………………………………..………………………………………….…….27 - 28 4 EMERGENCY RESPONSE PROCEDURES .................................................................................. 29 4.1 Relevant Emergency Response Plans ................................................................................. 29 Working in Partnership ………………………………………………………………………………………………..29 Emergency Planning in Moray ……………………………………………………………………………………..29 Oil Pollution Arrangements…………………………………………………………………………………………..29 4.2 Review and Updates .......................................................................................................... 29 4.3 Exercises and Drills ............................................................................................................. 30 5 PERFORMANCE MONITORING ............................................................................................... 31 5.1 Periodic Review and Reporting………………………………………………………………………………………31 5.2 Auditing .............................................................................................................................. 31 Page 18
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 5 OF 75 ISSUE A REV 01.9 MARCH 2026 6 HANDLING OF DANGEROUS GOODS ……………………………………………………………………….………… 32 7 ISPS CODE……………………………………………………………………………………………………………………………33 8 PORT WASTE RECEPTION FACILITIES…………………………………………………………………………………….34 9 CONSERVANCY……………………………………………………………………………………………………………...34 - 38 10 AIDS TO NAVIGATION…………………………………………………………………………………………………..39 - 40 11 PILOTAGE ARRANGEMENTS………………………………………………………………………………………….41 - 43 12 OTHER HARBOUR CRAFT…………………………………………………………………………………………..…………44 13 INCIDENT & NEAR MISS REPORTING ……………………………………………………………………………………45 Incident reporting Procedure Flowchart…………………………………………………………………………46 Introduction……………………………………………………………………………………………………………………47 Purpose. ........................................................................................................................... 47 Scope .................................................................................................................................. 47 Responsibiliities ................................................................................................................. 48 Procedure ...................................................................................................................... 48-49 Internal Incident Reporting .......................................................................................... 49 -50 RIDDOR and other agencies ............................................................................................... 50 Record Keeping ........................................................................................................... 50 - 51 Investigations .......................................................... ……………………………………………………….51 Definitions….…………………………………………..………………………………………………………………51 -52 Incident and Near Miss Summary………………………………………………………………………………...52 14 PERMIT TO WORK ………………………………………..……………………………………………………………..53 Introduction ………………………………………………………………………………………………………………..53 Scope ………………………………………………………………………………………………………………………….53 Responsibilities …………………………………………………………………………………………………………..54 Work which requires a permit……………………………………………………………………………………..54 Work which does not noramlly require a permit………………………………………………………….55 Authorisation ………………………………………………………………………………………………………………55 Planning ………………………………………………………………………………………………………………………55 Identification and tracking of forms ………………………………………………………………………55 -56 Changes to permit ……………………………………………………………………………………………………….56 Validity ………………………………………………………………………………………………………………………..56 Suspending a permit ……………………………………………………………….………………………….……….56 Lock, tag, and try ……………………………………………………………………………………………….…56 - 57 Permit form completion ………………………………………………………………………………………………57 Copy of a permit ………………………………………………………………………………………………………….58 15 RECREATIONAL ACTIVITIES………………………………………………………………………………………………….59 APPENDICES A PASSAGE PLANNING………………………………………………………………………………………………………..…60 1 Buckie ……………………………………………………………………………………………………………………………60 2 Burghead ……………………………………………………………………………………………………………………….60 B MORAY COUNCIL PROCEDURES……….……..………………..……………………………………….……......61 C MORAY COUNCIL HEALTH AND SAFETY POLICY…………………………………………………..….62 - 63 D HARBOURS ENVIRONMENTAL POLICY……………………………………………………………………………64 E DRONE POLICY……………………………………………………………………………………………………………….65 F EMERGENCY CONTACT DETAILS……….……..…………………………………………………………………….66 G HANDLING OF DANGEROUS GOODS ……………………………………………………………………………..67 H COMPETENCY ASSESSMENT ………………………………………………………………………………………….68 Page 19
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 6 OF 75 ISSUE A REV 01.9 MARCH 2026 Cross reference table Port Marine Safety Code- section name PMSC – Subject Heading PMSC Paragraph Reference Moray Council SMS Document Reference Background Harbour Authority MC HSMS 1. Accountability for marine safety Accountability 1.1-.2 MC HSMS Duties and powers 1.3-1.5 MC HSMS The Duty Holder 1.6-1.10 MC HSMS page 9 The Designated Person 1.11-1.12 MC HSMS Chief Executive or equivalent 1.13 MC HSMS Harbour Master 1.14 -1.15 MC HSMS The authorities officers 1.16 -1.17 MC HSMS 2. Key measures to secure marine safety Key measures 2.1-2.2 MC HSMS Review existing powers 2.3-2.6 MC HSMS Use formal risk assessment 2.7-2.11 MC HSMS Implement a marine safety management system 2.12-2.17 MC HSMS Competence standards 2.18 MC HSMS Incident reporting and investigation 2.19-2.23 MC HSMS Monitoring performance and auditing 2.24 MC HSMS Enforcement 2.25 MC HSMS Publication of plans and reports 2.26 MC HSMS Consensus 2.29 MC HSMS Monitoring compliance 2.30-2.31 MC HSMS 3. General Duties and Powers General duties and powers 3.1-3.3 MC HSMS Safe and efficient port marine operations 3.4 MC HSMS Open port duty 3.5 MC HSMS Conservancy duty 3.6-3.7 MC HSMS Environmental duty 3.8 MC HSMS Civil contingencies duty 3.9 MC HSMS Harbour authority powers 3.10-3.11 MC HSMS Revising duties and powers 3.12-3.14 MC HSMS 4. Specific Duties and Powers Specific duties and powers 4.1 MC HSMS Appointment of harbour master 4.2 MC HSMS Byelaws 4.3-4.4 MC HSMS Directions (special) 4.6-4.7 MC HSMS Directions (general) 4.8-4.9 MC HSMS Dangerous vessel directions 4.10 MC HSMS Pilotage and pilotage directions 4.11-4.12 MC HSMS Authorisations of pilots 4.13-4.14 MC HSMS Pilot exemption certificates 4.15-4.16 MC HSMS Collecting dues 4.17-4.20 MC HSMS Aids to navigation 4.21-4.24 MC HSMS Wrecks and abandoned vessels 4.25-4.32 MC HSMS Page 20
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 7 OF 75 ISSUE A REV 01.9 MARCH 2026 1.0 INTRODUCTION 1.1 Purpose and Application This document demonstrates Moray Council’s commitment to operate its Harbours in a safe and environmentally sound manner to the benefit of staff, vessels and their crews, users and the community at large. It endeavours to reduce risks arising from the day to day operations to a level as low as reasonably practicable and gives guidance to staff and others involved in operations on best practice to achieve safe and efficient use of the Harbours, their approaches and environs. It applies variously to all persons, vessels and craft using, providing services to or otherwise involved with commercial activities on waterways within the various harbour limits. It applies to the all areas and quaysides within the harbour limits, defined in the Byelaws and as shown in the Directory of North-East Council Harbours and to other areas over which Moray Council, as the harbour authority, may have jurisdiction from time to time. 1.2 Policy Statement Moray Council recognises its continuing responsibility to provide a healthy and safe working environment and maintain the conservancy of the harbours. Hence, they implement policies in line with provisions of the Health & Safety at Work Act 1974 and the Department for Transport (DfT) Port & Marine Facilities Safety Code (PMSC), 2025 (and subsequent updates). Moray Council will: • Carry out harbour and associated marine operations, in a manner which minimises effects on the environment and the community and which protects the safety and health of: employees; users; others with business in the harbour areas; the general public; • Operate wherever practical to at least the standards required by law and regulation whilst meeting the changing needs of marine users. • Maximise the quality and value for money of its services • Ensure that employees perform their duties in a manner consistent with these principles and recognise, that the duty holder is ultimately responsible for meeting the standard the code requires. 1.3 Applicable Codes and Regulations Below is a summary of the more relevant legislation. Individual documents should be consulted for detailed requirements and obligations. 1.3.1 Port & Marine Facilities Safety Code The Port & Marine Facilities Safety Code sets standards for the operation of UK Ports. It codifies Duties and Responsibilities of harbour authorities and requires that ports be operated on the basis of Risk Assessment and a Safety Management System. The PMSC is complimentary to Health & Safety legislation discussed below. In broad terms, the interface is at the quayside. Page 21
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 8 OF 75 ISSUE A REV 01.9 MARCH 2026 Harbour operations should meet the standards of the associated Guide to Good Practice on Port Marine Operations – Prepared in Conjunction with the PMSC, issued as April 2025. 1.3.2 Health and Safety at Work Act (HSWA) and Regulations. The Health & Safety at Work Act 1974 and other health & safety legislation applies to dock operations including the loading and unloading of UK and foreign flag vessels at UK ports and to the handling of dangerous substances in ports and harbours. It does not apply to normal shipboard activities carried out by the master and crew of vessels but does form an interface with the Merchant Shipping (Health and Safety at Work) regs 1997. Port users including fishermen and fish sellers have a responsibility to comply. Harbour staff must abide by its provisions. 1.3.3 Pilotage Act 1987 This legislation addresses Competent Harbour Authorities, Pilotage Districts and other pilotage arrangements. It facilitates overall administration of the pilotage service at Buckie although Moray is a Competent Harbour Authority within the meaning of the Act. 1.3.4 Docks Regulations 1988 and Approved Code of Practice Specific to quayside work, generally the responsibility of the port users. Harbour staff have an oversight duty to ensure safe practices within the Harbour Area and should have a general knowledge of the regulations. 1.3.5 International Ship and Port Facility Security Code (ISPS) 2004 Applies to commercial harbours handling vessels on international voyages, in the case of Moray Harbours, to Buckie only. Requires an approved Security Plan, appointment of Port Facility Security Officers, arrival reports on security status and control of access to international vessels. Buckie complies in these respects. 1.3.6 Port Waste Facilities Management Regulations 2003 Requires the reporting and recording of the landing of waste by ships and the provision of appropriate facilities by harbour authorities. The purpose is to eradicate the dumping of waste at sea. 1.3.7 Grampian Regional Council (Harbours) Order Conformation Act (1987) and Grampian Regional Council Harbour Byelaws (1990) The Grampian Regional (Harbours) Order Conformation Act is the legal document under which the harbours are run. The purpose of the order is to allow for better provision for the administration, improvement and regulation of the 6 Moray harbours. It also allows the harbours to create byelaws to further aid these goals. Page 22
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 9 OF 75 ISSUE A REV 01.9 MARCH 2026 1.3.8 Other Legislation The authority has obligations under the following legislation, some of which include express planning duties: ▪ Dangerous Substances in Harbour Areas Regulations 1987 ▪ Dangerous Goods in Harbour Areas Regulations 2016 ▪ Control of Major Accident Hazard Regulations ▪ Merchant Shipping (Oil Pollution Preparedness Response & Cooperation Convention) Regulations 1998 ▪ Merchant Shipping Act 1995 ▪ Merchant Shipping (Prevention of Oil Pollution) Regulations 1996 ▪ Dangerous Vessels Act 1985 ▪ SOSREP – Sections 151 and 293 of MS Act 1995 and as amended by MS and Maritime Security Act 1997 ▪ Merchant Shipping (Dangerous Goods & Marine Pollutants) Regulations 1990 ▪ Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998 ▪ Merchant Shipping (Port Waste Reception Facilities) Regulations 1997 ▪ Aviation & Maritime Security Act 1990 ▪ Civil Contingencies Act 2004. A full list of relevant legislation is appended to the Guide to Good Practice on Port Marine Operations. 1.3.9 Existing Powers The Code requires Harbour Authorities to review their powers to ensure they discharge their duties correctly, and do not exceed their powers. Powers and duties of Moray Council as the Harbour Authority are contained with the 1987 Confirmation Act. Further powers are provided for through Bye-laws, which must be agreed with Scottish Ministers before issue. Moray Council is the Statutory Harbour Authority and Local Lighthouse Authority. In these capacities it is directed by Acts of Parliament and answerable to Parliament and Scottish Ministers should it exceed its powers, or fail in its duty. Should this occur, Moray Council is subject to a full range of review procedures. Moray Council powers and duties are derived primarily from the following legislation: • Harbours, Docks and Piers Clauses Act 1847; • The Harbours Act 1964; • Grampian Harbours Confirmation Act 1987 • Merchant Shipping Act 1995. 1.3.10 Open Port Duty Harbour authority’s statutory powers are subject to what is called the ‘open port duty’. This means that the harbour, dock, or pier must be open to anyone for the shipping and unshipping of goods and the embarking and landing of passengers, on payment of the rates and other conditions set by the local legislation for that port. Page 23
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 10 OF 75 ISSUE A REV 01.9 MARCH 2026 The concept of ‘open harbour duty’ is covered by Section 33 of the Harbours, Docks and Piers Clauses Act 1847. Section 33 of the Harbours, Docks and Piers Clauses Act 1847 applies to Moray Council and they have a statutory duty to maintain it. 1.3.11 Special Directions In considering the role of the Harbour Master, the Harbours Docks and Piers Clauses Act, 1847, Section 51 states that: ‘The undertakers may appoint such harbour masters as they think necessary, (including in such expression dock masters and pier masters, as herein-before defined,) and from time to time, as often as they think fit, may remove any such harbour master.’ Therefore, authorised Harbour Master or his deputies may exercise the powers of the Harbour Master. The principal responsibility for navigational safety lies with the Harbour Master who, by virtue of Confirmation Oder enables the harbour master to issue special directions: (1)The harbour master may give a direction under this article: a) requiring any vessel anywhere within the port or the approaches to the port to comply with a requirement made in or under a general direction; b) regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the port; c) for securing that vessels move only at certain times or during certain periods; d) prohibiting the mooring of vessels in any particular part or parts of the port; e) regulating or requiring the movement, mooring or unmooring of a vessel; and f) regulating the manner in which a vessel takes in or discharges (from ship to shore or shore to ship) passengers, cargo, fuel, water, ship’s stores or ballast in the port; (2) A special direction may be given in any manner considered by the harbour master to be Appropriate; and (3) The harbour master may revoke or amend a special direction. 1.3.12 Consultation Process Moray Council Harbour Authority’s Safety Management System has been developed through a combination of the harbour teams experience and most importantly through risk assessment and consultation. Consultation is an ongoing process which is principally achieved through the Harbour User Groups (HUGs). HUGs are established for each of the harbours to provide the Authority with a ready means for consulting with users and the local community. The committees meet approximately 2 times a year at intervals chosen by the committee. Membership is drawn from users, various clubs associated with the harbour and community councils. Each Harbour User Group has its own constitution. The following groups and organisations are involved with the HUG. • Moray Council Harbour Team • Shipping Companies • Shipping Agents Page 24
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 11 OF 75 ISSUE A REV 01.9 MARCH 2026 • Stevedoring Services • Fishing industry • Fish Selling Agents • Forsyths, smaller manufacturing companies and other relevant commercial enterprises • Macduff Shipyard and other marine services • Recreational Users • 3 Harbour Associations • Findochty Water Sports Club Updates are given on various projects, and views sought on a variety of topics. This gives the harbour team an opportunity to consult harbour users on a range of subjects, including aspects of this SMS. Some subjects require more detailed harbour user input. On these occasions, email or post is used to consult all harbour users. The Harbours Team remain in contact with the emergency services i.e. Police Scotland, RNLI, Coastguard (please refer to contents lists on page at the rear of this document) 1.4 Duty Holders – Duties, Powers and Responsibilities The PMSC defines the Duty Holder for a harbour authority as the Board of Management. In the case of local authority harbours the “Board” is the responsible council committee (See Organisational Chart). In the case of Moray Council the position of Duty Holder is the Harbour Sub Committee (HSC). They remain publicly accountable for the proper operation of the harbour(s). Harbour authorities may entrust the operation of the harbour to professional people but board members are accountable and may not abdicate that accountability on the grounds that they do not have particular skills. They retain strategic oversight and direction of all aspects of harbour operations. They must ensure that powers are discharged but not exceeded. Duties of a harbour authority include: ▪ To take reasonable care that, so long as the harbours are open for public use, that all who choose to navigate them may do so without danger to their lives or property; ▪ An obligation to conserve and facilitate the safe use of the harbours and a duty of care against loss caused by the authority’s negligence. ▪ Developing policies, plans, systems and procedures for safe navigation ▪ Ensures assessments and reviews are undertaken to maintain and improve marine safety. ▪ Ensure that the Harbour Authority seeks and adopts appropriate powers for the effective enforcement of their regulations and for setting dues at a level which adequately resources the discharge of all their duties, including conservancy. ▪ Approves and monitors the Marine Safety Plan. The authority has the power to appoint Harbourmasters who in turn have powers to direct the operations of the ports so that they are carried out safely. They may also authorise pilots. Page 25
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 12 OF 75 ISSUE A REV 01.9 MARCH 2026 Board members will make the time to gain an appropriate insight and understanding of the port’s marine activities, marine safety management system and supporting systems. The duties and responsibilities of harbour authorities are set out more fully in the PMSC. 1.5 Responsible Persons – Moray Harbours 1.5.1 Duty Holder The Harbour Sub Committee (HSC) of Moray Council is the Duty Holder and makes up the Harbour Board. The Duty Holder will ensure: They are correctly trained to fulfil their role. They are sufficiently familiar with the harbours to make strategic decisions concerning financing, resourcing and strategic planning. The Harbours Service has sufficient resource to manage the legal duty to maintain the Conservancy of the Harbours. The Harbour Master has sufficient resource to ensure the harbours are operated in a navigationally safe manner, maintaining marine safety, including the delegation of the powers of Special Direction. They approve the Marine Safety Management System They approve the Marine Safety Plan, monitoring progress and reporting against the plan. They approve the appointment of pilots. They approve enforcement action. 1.5.2 Head of Operations and Environment The Head of Operations and Environment is responsible and accountable to the board for operational and financial control of the harbour authority. They advise the board on their powers and duties with input from the Harbours Manager, Harbourmaster and other officers; they oversee implementation of policy and decisions, has executive responsibility for safety of operations and staffing, oversees recruitment and training. The Head of Operations and Environment can set additional commercial rates for the harbours, without recourse to the Duty Holder to ensure operational flexibility. 1.5.3 Service Manager, Harbours The Service Manager, Harbours reports to the Head of Operations and Environment on strategic harbour matters. They conduct the internal auditing of the harbours with respect to PMSC compliance and the reporting of KPIs against the Marine Safety Plan. They provide, internal, specialist marine advise to the Duty Holder. They liaise with the community, business and harbour users to develop and promote both the Marine Safety Plan and the Harbour Business Plan for the harbours, to maximise the potential for the council and benefit to the community. The Service Manager, Harbours provides line management and support to the Harbour Master. 1.5.4 Harbourmaster Page 26
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 13 OF 75 ISSUE A REV 01.9 MARCH 2026 The Harbourmaster is appointed by the Duty Holder to be responsible for the operational aspects of the harbours, they are responsible for the safety of navigation in the various harbours and for exercising the authority’s delegated powers in the ports and their approaches. Individually and via any staff, they are responsible for implementing powers of direction both general and local. The Harbourmaster: • Has powers of direction to regulate the time and manner of ships entry to, departure from and movement within the harbour waters, and related marine safety purposes. • Ensures co-ordination and regulation of all vessels within the harbour and its approaches. They are also responsible for developing and implementing emergency plans and procedures, for regulating dangerous goods in transit on ships and for counter-pollution and waste disposal plans. • Has overall responsibility for the provision and maintenance of aids to navigation. • Ensures harbour uses are aware of directions and regulations, including temporary safety measures. • Has overall responsibility for the inspection, defect reporting and routine maintenance of infrastructure for conservancy. Has overall responsibility for the training of pilots and the conduct of safe pilotage. • Has overall responsibility of the training and competence of harbour staff in accordance with the training matrix. The Harbourmaster is based at Buckie and is responsible for the commercial, operational and safety management of all 6 Moray harbours. There are two Assistant Harbourmasters – one who deals with the leisure harbours and one who is focussed on the commercial harbours of Buckie and Burghead. The Assistant Harbour Masters cover for the Harbour Master when he is away. The Harbourmaster supervises the harbour staff and reports to the Service Manager, Harbours upon the status of operational harbour matters. 1.5.5 Designated Person The Harbour Authority appoints a suitably qualified person to act as the Designated Person. This person’s function is to provide the Duty Holder with independent assurance that the Harbour Safety Management System is working effectively and to audit compliance with the PMSC. The Designated Person is appointed by the Head of Environmental & Commercial Services. They report periodically on the operation of the SMS to the Head of Environmental & Commercial Services and thence to Harbour Sub Committee (HSC). This role is currently fulfilled by ABPmer. The Chair of the HSC and the Head of Operation and Environment are the DPs dedicated point of contact. Page 27
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 14 OF 75 ISSUE A REV 01.9 MARCH 2026 1.6 Organisation Chart Page 28
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 15 OF 75 ISSUE A REV 01.9 MARCH 2026 1.7 Qualifications and Training The Moray Council maintains qualifications and training standards appropriate to the duties and responsibilities of all personnel. In the case of the Harbourmasters and harbour staff, these include appropriate marine qualifications and experience. The Harbourmaster, Harbours Development and Operations Manager and Transportation Manager will set out the required training. In house training is completed on subjects such as the Mooring Manual or emergency response. There is also a training package for pilots and coxswains to complete which is in line with the training the National Occupational Standards and The Embarkation and Disembarkation of Pilots Code of Safe Practice 2017. An electronic personnel training file is maintained at the Harbour Office for each person and with the HR department in Elgin. Further training required will be scheduled or booked for the person. Page 29
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 16 OF 75 ISSUE A REV 01.9 MARCH 2026 HARBOUR STAFF TRAINING REQUIREMENTS Staff PFSO Oil Spill Response lvl 1 Oil Spill Response lvl 4 First Aid Seagoing VHF Radio Risk Assess’t & Safety Aware’s Working in or near Water Manual Handling Local Port Services HM - Buckie X X X X X X X X Assistant HM – Commercial X X X X X X X X Assistant HM – Leisure X X X X X X X X Harbour Assistant - Buckie X X X X X X In addition, if in a sea going role, all harbour operational staff must have a valid ENG1 (medical fitness certificate). Page 30
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 17 OF 75 ISSUE A REV 01.9 MARCH 2026 1.8 Document Control Procedures The Harbours Development and Operations Manager will issue numbered, controlled copies of this document to essential users as listed on page 2. They will initiate any required amendments to this document and issue these amendments to registered holders. Any uncontrolled copies are only valid at time of issue for a specific operation. Holders should check with the local Harbourmaster to obtain updates. 1.9 Review and Revision This document will be reviewed at regular intervals to ensure it remains current. An interim review will take place if there has been a significant change to operating parameters, legislation or other matters addressed in the document. The document will be reviewed yearly. The Harbours Manager is responsible for initiating and implementing reviews. Page 31
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 18 OF 75 ISSUE A REV 01.9 MARCH 2026 2 OVERVIEW OF THE HARBOURS 2.1 Buckie 2.1.1 Location and Layout The Harbour is in position 56º 41’N, 02º 57’W, on the southern shore of the Moray Firth. It contains 4 basins with quays. Normally, vessels up to 87 metres LOA and 15 metres beam can be handled. The basins are protected by the North Pier and a narrow NW-facing entrance. No1 Basin and the North Pier are used for cargo vessels loading/discharging bulk cargoes and fabricated items, Basins 2 & 3 for fishing vessels and the Buckie Shipyard is in Basin No 4. Recreational craft and recreational fishing vessels are normally berthed in Basins 3 or 4. 2.1.2 Operating Constraints Principal operating constraints are: ▪ Maximum LOA 90 metres ▪ Maximum beam 15 metres ▪ Maximum draft 4.5 metres (5.0 m on bigger tides to be discussed with the Harbourmaster and subject to risk assessment) GREEN AMBER RED Vessels 0 ≥ 70 metres LOA Vessels 70 -80 metres LOA Vessels ≥ 80 metres LOA • Max draft 4.5 metres • Max beam 15 metres • Max draft 4.5 Metres • Max beam 15 Metres • Must have operational bow thruster • Max draft 4.5 Metres • Max beam 15 Metres • Operational Bow thruster • Wind strength ≤ Force 4 • Entry prohibited if significant sea/swell from north or north- east • Visibility at least 1 mile • Minimum 72 hours’ notice of arrival to sufficiently clear No 1 Basin of other vessels NOTE: In Northerly winds of force 5 or greater and/or in visibility less than 0.5 NM, the harbour is likely to be closed at Harbourmasters discretion. Vessels which do not meet the above parameters will be subject to prior Risk Assessment involving Harbourmaster/Pilot and Master. Constraints may include limitations on manoeuvring timings relative to tide and daylight hour movements. Page 32
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 19 OF 75 ISSUE A REV 01.9 MARCH 2026 Vessels of exceptional size, configuration or draft, bound to or from the shipyard are subject to an Unusual Event Risk Assessment. Vessels with high windage deck loads or other characteristics which adversely affect manoeuvrability are also subject to Unusual Event Risk Assessment. In all cases, the Harbourmaster should be consulted. 2.1.3 Port Control A LPS/VTS Formal Risk Assessment for Moray Council Harbours has designated a Local Port Service, and the current harbour service manning is sufficient to provide this level of service. Vessels entering and leaving Buckie are controlled by VHF radio – Ch 16 calling, Ch 12 working. Approaching vessels have priority over those departing. Callsign for Buckie is ‘Buckie Harbour’ The harbour office and VHF radio are manned 24 hours per day. The duty Watchman carries a portable radio when temporarily away from the harbour office to allow communication with vessels moving in the harbour. Vessels departing or moving through the harbour will get permission from port control before letting go of any ropes. Port closure due to bad weather is signalled by three vertical red lights at the entrance. 2.1.4 Port Limits Port limits are specified in the Schedule to Grampian Regional Council Harbours Byelaws 1990 and the Grampian Regional Council (Harbours) Order Conformation Act 1987. In broad terms harbour limits extend approximately 1,000 metres north, west and east of the harbour entrance. 2.1.5 Approaches The approach to Buckie Harbour is relatively open from the north-west until passing The Mucks – rocky shoals about 0.25 nautical miles north of the entrance. The approach is covered by the white sector of the shore light. This, in line with the Occ (occulting) R (Red) Pierhead light provides a clearing line of 125º/305º, west of The Mucks. West Muck is marked by a light beacon. Buckie pilots recommend using the FR (Fixed Red) and Occ R lights on the North Pier as a lead. Red and green lights mark the extremities of the piers in the entrance. 2.1.6 Anchorages There is an anchorage, for vessels able to use Buckie, one nautical mile North West of the harbour entrance, clear of The Mucks, in depths of > 10 metres. Harbourmaster’s advice should be taken before anchoring. The anchorage is not recommended in northerly gales. Page 33
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 20 OF 75 ISSUE A REV 01.9 MARCH 2026 2.1.7 Pilotage Buckie offers a pilotage service on demand, although it is not compulsory for any class of vessel. There are authorised pilots.. Commercial vessels should request a pilot at least 72 hours prior to arrival and departure, if unfamiliar with the port. The high speed pilot Boat allows boarding seaward of The Mucks. The normal boarding area is about one nautical mile north-north-west of the harbour entrance The Boat is crewed by harbour staff. 2.1.8 Controlling Depths and Drafts A minimum keel clearance of 1 metre in the channel is recommended, subject to weather. The minimum depth below datum in the entrance channel is normally maintained at about 3 metres. A depth of some 3.0 metres below datum is available in basins 1 2 and 3. In basin No 4 the entrance depth of 2.0 metres shelves towards the shipyard slipways. Rise of tide varies between 3.2 metres at Neaps and 4.4 metres at Springs. The controlling depth is over the bank at the entrance. Vessels up to 4.5 metres draft can be handled on all tides; up to 5 metres draft on larger tides subject to risk assessment, if in doubt ask the Harbourmaster or staff for advice. Throughout the harbour vessels deeper than 2.5 – 3 metres take the ground at Low Water. Deep drafted vessels bound for the shipyard are subject to special arrangements and agreement between the Harbourmaster and Macduff Shipyards management. In case of disagreement, the Harbourmaster’s view prevails. The harbour entrance and bed are soft but silt up regularly. Debris can be a problem, particularly abandoned/lost tyres and various plastics (bottles, bags etc.). The pilot Boat carries out regular surveys. For all vessels with draft greater than 4.0 metres, the tide tables and latest channel survey must be checked by harbour staff. Draft of deep drafted vessels sailing from the harbour must be checked by harbour staff to confirm sufficient depth of water in the channel at time of exit. Vessels with draft deeper than about 2.5 metres in the harbour, take the ground at low water. 2.1.9 Traffic and Trade 2.1.9.1 Commercial Traffic Approximately 50 cargo vessels per year are handled at Buckie. Cargoes include bulk products, specialised loadouts of large or heavy items fabricated locally and occasional shipments of timber. Basin No 1 is generally kept clear for cargo vessels. Page 34
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 21 OF 75 ISSUE A REV 01.9 MARCH 2026 A variety of fishing boats, tugs, ferries and workboats are built and/or repaired at the Macduff Shipyards buildings at the east end of the harbour. Boats are lifted on one of 3 purpose built boat lifters/slip ways and transferred to the work areas Buckie harbour is operated as a temporary storage facility complying with the relevant UK government requirements. The port utilises MCA approved software to monitor track and authorise movements of cargo in compliance with the UK customs and Border force requirements. Shipping agents should liaise with Harbourmaster to ensure all relevant documentation is completed prior to vessels departing port of origin before passage to Buckie. 2.1.9.2 Fishing Vessels There are a number of fishing vessels over 10m which operate from Buckie year-round - although the number varies, it is on average 10 vessels. There are a smaller number of creel boats. 2.1.9.3 Recreational Craft A small number of recreational craft are based at Buckie including small passenger vessels. 30 – 60 passing yachts call at the harbour annually. Recreational craft and the creel boats are normally berthed in Basin No 4. An RNLI lifeboat is based in basin 4 at Buckie Harbour. The RNLI have provided the harbour with a pager, this allows the harbours team time to prepare for anything that may be required. The RNLI follow all the same procedures for entry/exit from the harbour as all other vessels, however, their movements will take priority. 2.1.10 Tides Rise of tide above datum is approx 4.4 metres at Springs and 3.2 metres at Neaps. This allows vessels up to 5.0 metres draft and exceptionally 6.0 metres to be handled. Deep vessels take the ground at low tide. Tidal heights are observed on the tide gauge and stonework of the North Pier. 2.1.11 Currents Tidal streams along the Moray coast run generally east-west and do not exceed 0.6 knots. Currents are not significant when navigating into or out of Buckie. 2.1.11.1 Wind and Wave Northerly gales and resultant swell make the entrance difficult and larger vessels are restricted in those conditions. Buckie is closed to vessels > 80 metres LOA in winds over Force 4 and/or heavy swell from northerly or north-easterly directions. It is closed to all vessels in winds over Force 5. Three vertical red lights indicate that the port is closed. Page 35
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 22 OF 75 ISSUE A REV 01.9 MARCH 2026 2.1.11.2 Visibility When visibility is or is forecast between 1.0 and 0.5 NM, Pilot/Duty Harbourmaster and vessel Master will review whether it is safe for a commercial vessel to enter or leave harbour. The Harbourmaster’s view will prevail in case of disagreement. Entry/departure is not recommended in poor visibility unless vessel has operating radar with short range settings. If visibility reduces to < 0.5 NM, movements in and out of the Buckie harbour is not recommended except for fishing vessels and recreational craft with good local knowledge. If visibility falls below 50 metres, movements in/out and within either Buckie or Burghead harbours, is not recommended. 2.1.11.3 Ice Icing may occur within the harbour in extreme conditions, particularly in Basin No 4. It may cause problems for small craft. 2.1.11.4 Environmental factors and SSSIs The entire Moray Coast is an environmentally sensitive area including: Special Areas of Conservation (SAC), SSSIs and Special Protection Areas (SPA). This is due to the resident and visiting cetacean populations and a number of visiting and resident birds of European Importance. The sensitive areas are covered in detail in the Moray Coastal Pollution Plan. 2.1.12 Navigation Aids Following aids are in use: • Light beacon on West Mucks rocks, north of the harbour • Sector light behind the harbour which, in line with pier head occulting red light provides a clearing line 125º/305º west of The Mucks; green sector marks the rocks to the west of the entrance • Fixed red and green lights marks the extremities of the piers at the entrance. Further information is in Section 10 (Aids to Navigation). The navigation aids are maintained by Moray Council staff. West Mucks light beacon is solar powered and the remainder by mains power. All the aids conform with the criteria in the NLB document “Instructions on the Provision and Maintenance of Aids to Navigation”. 2.1.13 Deficient Vessels Based on Incident & Near Miss Reports the Harbourmasters keep a record in their logbooks of vessels which, due to deficient performance, crewing or equipment increase the hazards of the port or are otherwise unsuitable. The harbourmasters will take appropriate steps to restrict the operations of such vessels pending modifications or improvements. Actions taken will be recorded in the logbook. The Harbourmasters have powers to issue Special Directions in respect of specific vessels or groups of vessels restricting their activities or requiring special provisions whenever such Page 36
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 23 OF 75 ISSUE A REV 01.9 MARCH 2026 vessels use the ports. Such Directions may include lightening, restrictions to daylight or certain states of wind and/or tide – in extreme cases prohibition from the port. 2.2 Burghead 2.2.11 Location and Layout Burghead Harbour is located at 57º 42’ N, 03º 29’ W on the southern shore of the Moray Firth. The entrance faces SSW and is exposed to SW winds. The harbour consists of: ▪ the entrance some 18 metres wide ▪ a spend and turning basin ▪ an inner basin, some 200 metres long with quays either side with widths varying between 40 and 24 metres. 2.2.12 Operating Constraints Draft is the principal constraint, although beam and length are also relevant, on which the Harbourmaster should be consulted. Draft is limited to the rise of tide less an allowance depending upon the size of the vessel. Rise of tide is some 3.3 metres at high water Neaps and 4.4 metres at Springs. The entrance channel is subject to silting depending on the weather and season. There is a channel suitable for fishing and recreational vessels with a minimum depth at about chart datum along the North Pier. Maximum draft of about 3.8 metres can be accepted at Spring tides and 2.7 metres at Neaps. Any larger vessel movements should be planned on the basis of rise of tide less 0.6 metres, in consultation with the Harbourmaster. Depths between chart datum and 0.6 metres below datum are available in the Inner Basin. Deeper vessels take the ground at low water. The Harbourmaster at Buckie should be consulted for available depths. 2.2.13 Port Control There is no port control at Burghead, vessel operators make their own weather decisions based upon local knowledge. Following a formal Safety Assessment the current procedures in place for Burghead are sufficient for the type of operation. When larger vessels use the port they should contact the Harbourmaster at Buckie by telephone to discuss the operation. Apart from such larger vessels, whose arrival is planned in advance, there is no active control over navigation into and within the harbour. The Harbourmaster visits the harbour daily and maintains contact with users, allocating berths, dealing with any queries or problems which occur. Berths are arranged for regular vessels according to needs, priorities and availability. Space is normally available for visiting yachts, berth usage by recreational vessels is policed as necessary. 2.2.14 Port Limits Port limits are specified in the Schedule to Grampian Regional Council Harbours Byelaws 1990 and the Grampian Regional Council (Harbours) Order Conformation Act 1987. In broad terms Page 37
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 24 OF 75 ISSUE A REV 01.9 MARCH 2026 harbour limits extend approximately 500 metres south, west and north of the harbour entrance. A navigational risk assessment control measure has been introduced limiting the maximum length of vessel that can Burghead Harbour as 15m without the express permission from the Harbour Master. 2.2.15 Approaches Approach is from west-north-westerly directions towards the beacon passing close south of the pier head where the harbour entrance opens. From here, depths shoal rapidly eastwards to where they dry out. The actual alignment of the channel varies with silting, recent weather and the season. Local advice should be sought if depths are critical. Once past the North Pier beacon, the channel remains close to the pier and through the narrow entrance. A 90º turn is required on entering the spend basin. 2.2.16 Anchorages Anchorage in depths > 10 metres is available 0.5 to 1.0 miles West of the pier head. Holding ground is good. The anchorage is used principally by vessels which are bound elsewhere than Burghead. It not recommended when gales from between west and north are forecast. 2.2.17 Pilotage at Burghead A Navigational Risk Assessment has been carried out for Burghead and there is no Pilotage available for vessels entering Burghead. A navigational risk assessment control measure has been introduced limiting the maximum length of vessel that can enter Burghead Harbour as 15m, without the express permission from the Harbour Master. The Harbourmaster is based at Buckie Harbour, can give advice on harbour entry and exit by radio or telephone if requested. 2.2.18 Controlling Depths and Drafts Depth in the entrance is maintained to about chart datum. Rise of tide is between 3.3 metres at high water Neaps and 4.4 metres at Springs. Hence the controlling depth is the rise of tide plus an allowance to give a bottom clearance in the entrance of at least 0.6 metres. Lesser clearances can be accepted for small vessels. Within the basin depths between chart datum and 0.6 metres below datum are generally available. Deeper vessels take the ground – soft silt, at low water. In all cases, for advice on available depths, the Harbourmaster should be consulted. 2.2.19 Traffic and Trade 2.2.19.1 Commercial Traffic There is no commercial trade to Burghead, the last cargo vessel having called in September 1999. 2.2.19.2 Fishing Vessels Page 38
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 25 OF 75 ISSUE A REV 01.9 MARCH 2026 Up to 30 fishing vessels operate from Burghead year round and this increases during the summer. They catch prawns primarily but often move to squid during the summer and land locally. The authority prioritises facilities for fishing vessels. There are other suitable harbours nearby which offer extensive facilities for recreational craft. 2.2.19.3 Recreational Craft There are about 15 locally based boats: part-time creel boats, yachts and launches. A variety of recreational craft use the harbour including about 30 visiting yachts per year. 2.2.20 Environmental Factors 2.2.20.1 Tides Rise of tide varies between 3.3 metres at Neaps and 4.4 at Springs. Painted boards form a tide gauge within the harbour. 2.2.20.2 Currents Tidal streams along the Moray Coast generally run east-west and do not exceed 0.6 knots at Springs. Tidal currents are not a significant factor in operation of the port. 2.2.20.3 Wind and Wave The entrance to Burghead faces just west of south and hence is sheltered from northerly winds. South-westerly gales affect the entrance. Northerly swells are refracted into the entrance and cause difficult surges in the spend basin. Sustained northerly gales are common in certain seasons. At Burghead there are no fixed parameters. In the case of larger vessels, a decision is made based upon judgement of conditions at the time. Local fishermen are aware of the weather induced hazards. 2.2.20.4 Visibility Poor visibility occurs from time to time caused by fog (frontal & radiation), rain and snow blizzards. 2.2.20.5 Ice Due to its location, icing is rare at Burghead. 2.2.20.6 SSSIs The entire Moray Coast is an environmentally sensitive area including: Special Areas of Conservation (SAC), SSSIs and Special Protection Areas (SPA). This is due to the resident and visiting cetacean populations and a number of visiting and resident birds of European Importance. Page 39
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 26 OF 75 ISSUE A REV 01.9 MARCH 2026 The sensitive areas are covered in detail in the Moray Coastal Pollution Plan. 2.2.21 Navigation Aids An occulting white light is located at the south-western corner of the North Pier. Red and green lights mark the extremities of the North and South piers respectively either side of the entrance channel. The beacon on the southern extremity of the groyne on the east side of the channel is marked by a flashing green light. Further information is in Section 10 (Aids to Navigation). The Aids to Navigation are maintained by Moray Council staff. All the aids conform with the criteria in the NLB document “Instructions on the Provision and Maintenance of Aids to Navigation”. 2.3 Recreational Harbours These are at Hopeman, Findochty, Portknockie and Cullen. There is no active management of vessel movements. There is heavy demand for recreational craft berths, with waiting lists for all harbours. The current waiting list can be found on the harbour noticeboard and in the Harbours section of Moray Council website. There is no port control at Hopeman, Findochty, Portknockie and Cullen. Vessel operators make their own weather decisions based upon local knowledge. Following a formal Safety Assessment the current navigational management procedures in place for all Moray Council Harbours are sufficient for the type of operation. When larger vessels wish to utilise the ports they should contact the Harbourmaster at Buckie by telephone to discuss the operation. Port Limits are established per the Schedule to Grampian Regional Council Harbours Byelaws 1990 and the Grampian regional Council (Harbours) Order conformation Act 1987. A Navigational Risk Assessment has been carried out for the Hopeman, Findochty, Portknockie and Cullen and it has been assessed no pilotage service is offered at the recreational ports but the Buckie Harbourmasters can provide advice if requested. A navigational risk assessment control measure has been introduced limiting the maximum length of vessel that can access the Harbours of Hopeman, Findochty, Cullen and Portknockie as 15m, without the express permission from the Harbour Master. Hopeman is used by over 100 craft including part time creel boats, yachts and launches. A sailing school is established there. The entrance is exposed to the north-west and much of the harbour dries out at low water. Depths of at least 2 metres are available at high water and the target depth in the channel when dredged is about one metre above chart datum. Swell dissipates in the outer spend basin. The inner basin contains about 50 pontoon berths and 60 wall berths, the harbour is well sheltered. Vessels arrive and leave at will when there is sufficient water. Leading lights can be seen lining up the harbour entrance. The Harbourmaster maintains contact with the regular users. Hopeman is managed from Buckie Harbour Office Page 40
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 27 OF 75 ISSUE A REV 01.9 MARCH 2026 Findochty is a busy recreational harbour managed from Buckie. The outer basin absorbs the swells. The Middle Pier protects the inner basin which includes pontoons, forming a marina. Almost 100 recreational craft are based there and more call there each year. A few creel boats are based at Findochty. Regattas sometimes occur in the summer months and are planned in advance. Findochty Water Sports Club (FWSC) is based at the harbour and operates 2 rowing boats which are launched several times a week and nearly always at the weekend, they enter and exit the harbour frequently during that time. Most of the harbour dries out at low water. There is no active management of navigation and the generally small vessels enter and leave at will, subject to weather conditions and available water. There are numerous rocky shoals in the approach from the north and the entrance is exposed to gales and swell from the north and west quarters. Leading lights can be seen lining up the harbour entrance. The Harbourmaster maintains regular local contacts. Findochty is managed from Buckie Harbour Office. Portknockie is also exposed to the north-west, although the entrance is more sheltered. 3 pontoons are installed in the inner basin. A number of yachts, launches and part time creel boats(around 50) are based locally. Most of the harbour dries out at low water. Vessels enter and leave at will, subject to depths and weather. Leading lights can be seen lining up the route past the breakwater, when past the breakwater a 90° turn is made to Port for the harbour entrance. The Harbourmaster maintains regular local contacts. Portknockie is managed from Buckie Harbour Office. The entrance to Cullen harbour faces west but the bay is exposed to northerly gales and swell. The outer spend basin contains little more than a beach and some quay space. The inner basin contains a pontoon for recreational craft. Almost 30 yachts, small pleasure boats and part time creel boats are based at Cullen and moor in the inner basin. Most of the northerly swell dissipates but some enters the inner basin. Most of the entrance and harbour dry out at low water. Vessels enter and leave at will according to draft and weather. Cullen Sea School is operated from a building behind the harbour and part of the activities they offer is going out in the rowing boat, using their paddle boards and kayaks. The rowing boat is launched regularly, usually at the weekend, and enters and exits the harbour frequently during that time but can be launched at any time if they want. A single sector navigation light opens up as the entrance to the harbour becomes visible. The Harbourmaster maintains regular local contacts. Cullen is managed from Buckie Harbour Office. 2.4 Principal Hazards The principal hazards of the Moray Harbours are their exposure to northerly winds, sea and swell and the resultant difficulties in entering the harbours. The approach to some of the harbours is made more hazardous by physical features such as rocky shoals in the approach and narrow, shallow entrances. On fine days there is considerable small craft activity at the recreational harbours. With visibility partially obscured by the piers, there are risks of collision between small craft, but the consequences are likely to be minor. Jumping into the harbours from the piers remains a popular local pastime, despite the risks. One fatality occurred at Findochty in 2009. Collision between small craft and swimmers is reasonably foreseeable and the consequences could be serious however, maintaining a sensible slow speed while transiting through the harbours will minimise the risk Page 41
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 28 OF 75 ISSUE A REV 01.9 MARCH 2026 Hence the principal risks are: ▪ Commercial or fishing vessels grounding or foundering whilst trying to enter the harbours in bad weather; ▪ Small craft grounding or foundering whilst trying to enter a harbour in bad weather with the potential for loss of life; ▪ Collisions between small craft in the approaches or within the recreational harbours; ▪ Persons jumping into the harbours and misjudging either the depth or their trajectory; ▪ Personal injury due to a small craft running down a swimmer. These are reviewed generically in Section 3.10 Page 42
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 29 OF 75 ISSUE A REV 01.9 MARCH 2026 3 RISK MANAGEMENT Risk management is carried out integrally with the council's wider SMS, but is always done with due regard to the specific hazards and risks of the marine environment. Moray Council as harbour authority is committed to promoting a positive safety culture and managing a safe operating environment. Health and Safety Policy Statement The following paragraphs set out the council's approach to risk assessment and risk management, tailored for the marine environment. 1. Introduction Risk assessment is the basis on which you decide how you will act in any given situation. Hazards and risks are present in all walks of life. At work, we now have a specific duty to define the hazards to which people are exposed and assess the risks they pose. We do this taking into account any legal requirements, which relate to the hazards in question. 2. Purpose 2.1 To define how we handle our risk assessment duties under various pieces of legislation. 3. Scope 3.1 All known hazards to Health and Safety created by or during our operations or those of other people, both to our own employees and to other people. 4. Responsibilities 4.1 -- Managers - Ensure that risk assessments are carried out and that action is taken to eliminate or control significant risks. Also to review the assessments as necessary. 4.2 Risk Assessors - Will carry out the risk assessments to the best of their abilities. 4.3 All Employees - To assist in the risk assessment process and comment on its adequacy. 4.4 Contractors - To carry out their own assessments in consultation with Moray Council, detailing how their work may affect the employees and how we may affect them. 4.5 Clients - To give contractors information to enable them to comply with the above. 4.6 Senior Health and Safety Adviser - To devise an appropriate system for risk assessment, train people in its use, give advice and support during the process of risk assessment and monitor its effectiveness. 5. Procedure Page 43
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 30 OF 75 ISSUE A REV 01.9 MARCH 2026 5.1 A suitable and sufficient risk assessment must be carried out on all jobs within the Council. The risk assessment will be either job based or task based dependent on the type of work being assessed. It should also be considered that before a new project is undertaken, a risk study can be carried out to look at the potential risks and actions needed to design them out. 5.2 The risk assessments are best carried out by a team consisting of a management representative, a safety representative and a person carrying out the job with input from the health and safety section as required. 5.3 If the job involves contractors the duty rests with all concerned to co-operate in carrying out the assessment, and to co-ordinate the activities which arise from it. 5.4 A risk assessment should contain the following elements :- a) A breakdown of the job into its main parts. (SMS Form 8.3) and a detailed look at each task in relationship to a standard list of hazards and hazardous tasks. b) A record of the assessment, held in the harbour office (SMS Form 8.4) giving :- i) details of hazards encountered ii) their current control, if any. iii) the magnitude of risk they pose (using a system where probability and severity are given a numeric value and then combined to give a risk rating). iv) comment on additional controls as necessary. A simple guide has been produced for new users of the system. (SMS GN 7.22) 5.5 Once the general risk assessment is complete, it must be passed to all people in the area and also to the area management and safety representatives. They will be given the opportunity to comment on the assessment and whether all hazards in the area have been adequately covered. All comments must be fed back to the risk assessment team. 5.6 For certain activities, it is appreciated that the same risks are being faced in a multitude of different areas. In these situations the principle of generic assessment will be used to make the task of assessment more manageable. This must be done with great care to ensure that no specific area hazards are missed. Generic assessments must be tailored when being applied to different areas, to pick up these differences. 5.7 More detailed assessment of certain types of hazard will be required in some situations. Please refer to the specific procedures for more detail. This includes manual handling, chemicals, noise, fire and display screen equipment (DSE) use. 5.8 The assessment should be used as a means of prioritising the action within departments to ensure people's health and safety. A plan of action should arise from the assessment with the highest scoring items being addressed first. 5.9 The points raised in an assessment must be addressed in one of the following ways. ELIMINATE the hazard SUBSTITUTE for a lesser hazard Page 44
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 31 OF 75 ISSUE A REV 01.9 MARCH 2026 CONTROL the hazard (e.g. by things such as guarding, safe systems of work, information, training or supervision and finally personal protective equipment). RETAIN agree that the hazard is not significant or is acceptable in the given situation. 5.10 A final assessment must be made once the measures agreed on are implemented and the residual risk assessed and defined. 5.11 All risk assessments must be reviewed on an agreed frequency or if circumstances in an area change. If an accident or dangerous occurrence happens in the area covered by an assessment, it must be reviewed to find out why the hazard leading to the incident was not adequately controlled and whether the assessment findings are valid. Any changes necessary must be made and further control measures implemented. 6. Definitions Hazard Something with the potential to cause harm. Risk The likelihood of that harm occurring taking into account probability and severity. 7. Tool Box Talks A Tool Box Talk is a simple, informal risk assessment carried out by the personnel involved. It ensures that the task and its potential hazards are understood, that correct and adequate equipment is in place, that personnel understand their responsibilities and that contingency plans have been discussed and are understood. All routine operations involving potential hazards should be preceded by a Tool Box Talk. Such routine operations may include: ▪ mooring/unmooring operations, ▪ harbour launch operations, ▪ pilot Boat operations, ▪ Aid to Navigation maintenance, ▪ manoeuvring large vessels in and out of the harbours ▪ unusual quayside operations ▪ before each shift of an exceptional hazardous operation which has undergone risk assessment. The particular task leader is responsible for implementing tool box talks. At the end of each task, a debrief will be held with all those who took part in the task. During the debrief, questions such as ‘What went well and what didn’t go so well?’ should be asked so that any lessons learned are captured and communicated to others. 8. Unusual/Exceptional Operations Page 45
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 32 OF 75 ISSUE A REV 01.9 MARCH 2026 All and any non-routine operations should be subjected to a Risk Assessment. Depending upon the potential hazards and complexity of the task it can vary from a simple tool box talk to a formal Risk Assessment Workshop. The fact that a risk assessment has been carried out and its conclusions will be recorded in appropriate detail, in the harbour logbook. Examples of such unusual operations include: ▪ Vessels of unusual size or configuration ▪ Dredging ▪ Diving ▪ Refloating a grounded/stranded vessel ▪ Vessel towage ▪ Salvage ▪ Removal of derelicts. 9. Contractor Compliance External contractors and agencies that utilise the port facilities are required to comply with local health and safety directives and all statutory health and safety regulations. As such, all vendors must comply with Moray Council’s third party acceptance checks and submit a signed letter of conformation confirming their commitment to carry out all port operations in a safe and efficient manner, in line with local and statutory regulations. 10. Generic Review of Hazards No Hazard Potential Causes Risks Risk Level Control Measures 1 Fire & Explosion Vessel collisions. Handling fuel (rec. craft) Handling gas bottles (rec. & fishing vessels) Personal injury or death. Harbour closed or obstructed Moderate To Substantial Commercial & fishing vessels use diesel. Small quantities petrol & gas. 2 Grounding Stranding Unexpected shoaling. Loss of power. Loss of control in onshore (Nly) gales. Crew error Vessel damage. Loss of life. Harbour blocked. Adverse publicity. Tolerable To Moderate Local knowledge. Published advice & recommended routes. Awareness and caution. 3 Collision - Commerci al harbours Mechanical failure. Crew error. Vessel damage. Pollution. Tolerable Low traffic levels. Local knowledge or advice from harbour staff/pilot Page 46
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 33 OF 75 ISSUE A REV 01.9 MARCH 2026 4 Collision - Recreatio nal harbours Poor visibility around piers. Crew error. Running down swimmer. Vessel damage (minor). Loss of life. Adverse publicity. Trivial To Tolerable Speed limits. Harbourmasters follow up with irresponsible boat operators. 5 Pollution Fuelling vessels. Pumping bilges. Vessel damage. Crew error. Environmenta l damage. Slippery ladders and potential drowning. Injury to personnel Adverse publicity Moderate To Substantial Enforce bunkering procedures. Encourage oilsorb in FV bilges. Response equipment available. Waste Oil collection point at office Staff training on pollution response Good housekeeping maintained 6 Personal injury. Line handling. Harbour/Pilot launch operations. Crew/operator error. Public access/ jumping into harbours. Loss of life. Drowning. Serious injury Adverse publicity. Tolerable To Substantial Tool box talks. Suitable training with staff Awareness & caution. Youth and visitor education on hazards of harbours. Enforce byelaws. PPE. Page 47
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 34 OF 75 ISSUE A REV 01.9 MARCH 2026 4 EMERGENCY RESPONSE PROCEDURES 4.1 Relevant Emergency Response Plans Working in Partnership The foundation of emergency planning is cooperation between partners. The Grampian Local Resilience Partnership (LRP) is the local forum for emergency planning and includes Police, Fire, Ambulance, HM Coastguard, SEPA, NHS, Moray, Aberdeen City and Aberdeenshire Councils. Grampian LRP is part of the North of Scotland Regional Resilience Partnership (NSRRP). The LRP aims to maintain effective local liaison and co-ordination, through developing and managing a local work program. Resilience Partnerships aim to protect the people, economy and environment by building resilience and having effective arrangements in place to deal with emergencies. Resilience Partnerships work closely with the Scottish Government, other Scottish Resilience Partnerships and specialist advisors in responding proportionately to emergencies, minimizing their impact and promoting recover y as quickly as possible. Emergency Planning in Moray An Emergency Planning Officer is based in Elgin. Via the emergency on call procedures the council provides a 24hr 365 days a year, first line of Council response, for any major emergency involving the council as a Tier 1 responder. As emergency situations arise, other Council officers are brought in to co-ordinate the Council’s response and to provide expert advice and assistance. The arrangements detailing the Council’s response to the effects of major emergencies whatever their cause is contained within the Emergency Planning Policy and Procedures. http://www.moray.gov.uk/downloads/file86131.pdf Oil Pollution Arrangements In addition to the general arrangements contained in the Emergency Planning, Policy and Procedures document, a plan detailing specific arrangements to deal with pollution of the moray coastline, including the Buckie and Burghead Harbours has been prepared. A copy is held by the Harbourmaster. Copies of relevant plans are maintained at individual Harbour Offices. All spill kit equipment can be found in the harbour stores. Buckie - in the Fishmarket and Burghead - underneath the office. If the incident occurred at a recreational harbour then equipment will be used from these sites. 4.2 Review and Updates These plans are reviewed for currency at regular intervals, normally between one and three years. Grampian Emergency Planning Unit issue updates. Page 48
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 35 OF 75 ISSUE A REV 01.9 MARCH 2026 4.3 Exercise and Drills All harbour staff shall review the plans periodically and be familiar with their layout and content. Desk-top and hands-on exercise will be arranged based on the various Emergency Plans. The Harbourmaster will maintain a log of all the drills and exercises carried out. 4.4 Dangerous Vessels and Civil Contingency Moray Council as Statutory Harbour Authority for the six harbours is a category 2 ‘cooperating body’ with specific defined roles in the event of incidents that affect the Harbour. Moray Council shares relevant information with category 1 bodies (emergency services and local authorities), and other category 2 responders, as necessary. Details of the port’s emergency plans are contained in the ‘Port Emergency Plan’ and associated documents. The Harbour Master may give direction (see Section 1 – Byelaws and Powers) prohibiting the entry into, or requiring the removal from the Harbour of any vessel if, in their opinion, the condition of the vessel or the nature of anything it contains, presents a grave and imminent danger to the safety of persons or property. This includes the risk of sinking or foundering in the Harbour, or preventing or seriously prejudicing the use of the Harbour by other vessels. Such directions may be overridden by the SOSREP who may issue contrary directions to the Harbour Master. A Harbour Master also has powers to prohibit the entry into the Harbours of any vessels carrying dangerous goods, if the condition of the goods or packaging, or the vessel carrying them is such that it creates a risk to health and safety. These powers are conveyed by the ‘Dangerous Goods in Harbour Areas Regulations 2016’. Harbour Authorities have a duty to prepare emergency plans for dealing with dangerous substances. Page 49
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 36 OF 75 ISSUE A REV 01.9 MARCH 2026 5 PERFORMANCE MONITORING 5.1 Periodic Review and Reporting a) Incident and Near Miss Reports are reviewed periodically to identify any trends of concern and to focus on necessary safety improvements. b) The logbook records plus Incident and Near Miss Analysis will be reviewed and analysed at regular intervals, normally annually. Trends and proposed improvement actions will be identified. The Harbourmaster will report on these topics to the Harbour Development and Operations Manager and thence to the Chief Executive. c) The periodic analysis of Incidents and Near Misses, trends and proposed actions will be made available to harbour staff and users. 5.2 Auditing Internally the Safety Management System will be audited by a suitably qualified person who will then report to the Duty Holder on the effectiveness and performance of the system. The Designated Person will audit the Safety Management System at least once every 3 years. Page 50
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 37 OF 75 ISSUE A REV 01.9 MARCH 2026 6 HANDLING OF DANGEROUS GOODS Under the Dangerous Goods in Harbour Areas Regulations, vessels intending to use the port that have DGs onboard either for discharge or remaining in transit must advise the Harbourmaster of details 24 hours before arrival. This will be done in writing or if agreed with the Harbourmaster, another form of communication such as email. The Harbourmaster will decide where the vessel will be berthed after taking into consideration the cargo and how it may affect other vessels in the area. The emergency plans for the area should be reviewed and an amendment made if it is required. Depending on the potential out come should there be an incident with the substance; local emergency services will be informed. Gas cylinders and small quantities of flammable liquids are handled onto and off fishing and recreational vessels at all the harbours. Harbour staff must encourage vessel operators to take proper precautions when so doing. Neither empty nor full containers will be left unattended on the quays. High flash-point oil fuel is handled at all the harbours from road tank wagons. Pollution due to spillage is the principal risk from such operations. Bunkering Checklist is part of Risk Assessment 18. Importing of DG’s into the harbours is rare. Occasional containers of high flash point oil products are received at Buckie. If there are any DG’s which have to be stored on the quayside, either for import or export, then the Harbourmaster will dedicate an appropriate area as a Dangerous Goods Bay after consulting the storage guidelines on the SDS. This bay will be cordoned off. If there are 2 or more types of chemicals then all the storage guidelines will be consulted and the compatibility chart below will be used to ensure that there are no incompatible chemicals being stored together. Refer to Appendix G Page 51
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 38 OF 75 ISSUE A REV 01.9 MARCH 2026 7 INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE (ISPS) Buckie handles international commercial vessels and hence is subject to ISPS. This requires a Port Facility Security Plan, duly trained Security Officers, and Security Declarations by arriving vessels on international voyages and restricted access to the quayside for such vessels, including a pass system. The Harbourmaster and Deputy Harbourmaster will normally be the designated Security Officers and are responsible for implementation of the Code according to guidance issued by Department for Transport ( DfT). Page 52
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 39 OF 75 ISSUE A REV 01.9 MARCH 2026 8 PORT WASTE RECEPTION FACILITIES REGULATIONS 2003 All Moray Harbours are subject to these regulations with an emphasis on Buckie and Burghead being commercial harbours this requires: ▪ the reporting, documentation and correct disposal of ship generated waste; ▪ a published charging regime. The Consolidated European Reporting System for ship’s waste also applies to certain vessels visiting Buckie. Before entry into the harbour, as part of the pre-arrival documentation, all cargo vessels will have already provided the port with the waste figures. The paperwork should arrive 24 hours prior. All other vessels use the general waste bins at the recreational harbours or if at Buckie or Burghead , the recycling bins which are available. Waste oil collection is also carried out at Buckie and Burghead. Any waste will be segregated and dealt with in accordance to Moray Council’s Harbours Waste Plan. 9 Conservancy 9.1 Shoaling The entrances to all the harbours – commercial and recreational silt regularly. Depths are surveyed regularly and dredged as outlined below. 9.2 Surveys Harbour beds and approaches will be surveyed at least annually for the commercial harbours two yearly for the recreational harbours. Intermediate surveys may be carried out after major storms if significant changes are suspected. Level surveys are carried out in areas which dry out at low water. Areas not accessible on foot are surveyed by echo sounder mounted on the Buckie pilot Boat. Echo sounder records have an accuracy of +/- 0.2 metres and the level surveys +/- 0.1 metres. Results of surveys are plotted on 1:500 charts which are available at harbour offices and the Roads Office at Elgin. Any hazards noted are promulgated via local notices to mariners and/or via UKHO. 9.3 Inspections Harbour fittings and equipment will be inspected: ▪ Weekly by harbour staff; ▪ Annually at random by Moray Council Safety Officer; ▪ Annually by a Council Engineer or Civil Engineer and divers. Weekly inspections follow separate lists for the commercial and recreational harbours. Similarly, separate report forms are submitted by the harbourmasters to the Harbours Development and Operations Manager. Any serious deficiencies must be reported immediately through the Harbour Asset Management System WDM. Page 53
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 40 OF 75 ISSUE A REV 01.9 MARCH 2026 Annual safety inspections can cover any aspect of the harbours including condition of quays, fixings, equipment facilities or the operation of the harbour. Any items for improvement or remedial action are reported to the Civil Engineering Technician and recorded through the Harbour Asset Management System WDM. Annual formal inspections cover accessible areas above MHWS. The complementary diving inspection covers authority facilities below MHWS. Defects and obstructions are reported and plotted on a 1:500 chart, using photographs if appropriate. Urgent defects are reported to the responsible harbourmaster or Harbours Development and Operations Manager. Additionally, steel ladders are inspected bi-annually at Low Water Springs, for safety and general condition. Any necessary repairs are actioned by the Harbours Development and Operations Manager. A plan showing the positions of all ladders at each harbour is maintained. Bi-annual inspection of lighting & electrical fittings by the Lighting Section of Roads Services includes navigation lights, pier lights and power boxes. 9.4 Dredging The Harbour Authority carries out maintenance dredging of the harbour basins and identified high spots in the approaches to maintain target depths. Frequency depends upon need, survey results and availability of Moray Council owned dredger “Selkie”. The frequencies are approximate: • Buckie Entrance annually, other areas as required • Burghead Entrance as required when dredger is available, basin, infrequently • Recreational Harbours As required Any dredging operation is considered to be an unusual event and hence is subject to a prior Risk Assessment involving the dredger skipper and Harbourmaster. See Section 5.4 of this appendix. Any capital dredging to improve the channels or increase the controlling depths would be a special project requiring: • Justification based upon need and detailed hydrographic survey • Approval of the Crown Estates • Risk Assessment - particularly in respect of traffic movements during the project • Determination of whether an Environmental Impact Assessment is required under the Harbour Works (EIA) Regulations 1999. • Approval of capital expenditure If spoil is to be disposed of in tidal waters consent is required from Scottish Government. If disposal is at sea a license is required from Marine Scotland. Any dredging contractor operating within the Moray Harbours will be required to: • Demonstrate its experience and competence for the particular project; • Employ personnel who are properly qualified, experienced and trained for the type of project; Page 54
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 41 OF 75 ISSUE A REV 01.9 MARCH 2026 • Operate a risk based safety management system. Before any dredging operation, the Harbourmaster and Dredger Master will: • Carry out a risk assessment of the operation; • Develop any necessary special harbour procedures for the duration of the operation, these must address the question of vessels manoeuvring in the vicinity of the dredger; • Issue necessary warnings and notices. 9.5 Wrecks Under general powers and specific powers in the byelaws, the Harbourmasters may order or arrange the removal of any wreck, abandoned vessel or other derelict obstructing the navigable channels or other public areas of the harbours. The wreck location may be marked until it is raised, removed or destroyed. The authority has general powers under the 1987 GRC Confirmation Order and harbourmasters have specific powers under the Byelaws. Harbour staff will try to identify the owners of any such derelict and require them to arrange removal. If ownership cannot be established in a reasonable period, or if the derelict is seriously impeding traffic, the authority may arrange removal. Harbour staff will ensure that any such operation is properly planned taking account of safety, the environment, traffic and recreational aspects. Any contractors must operate under a risk based Safety Management System. The operation will be subject to an unusual event Risk Assessment involving all concerned parties. 9.6 Mooring/Unmooring Mooring and unmooring of commercial vessels at Buckie is normally carried out by the duty Watchman. Fishing vessels normally handle their own mooring lines but may request assistance. Operators of craft at the recreational harbours are responsible for handling their own moorings and any issues with the mooring arrangements noted while carrying out harbour checks will be communicated to the boat owner for rectification. Harbour staff employed in mooring/unmooring operations will wear appropriate Personal Protective Equipment (PPE), as per the Mooring Manual. They should set a good example to others so employed. The Harbourmasters are responsible for implementing this policy and for the safety of harbour personnel. Staff should ensure that members of the public and other personnel keep a safe distance from the mooring/unmooring operations at the commercial harbours. All harbour staff complete the Mooring Manual training . Procedures including safety and PPE standards are contained in Appendix D, Section 1. 9.7 Towage No routine towage services are available at the Moray Harbours. The commercial and fishing vessels visiting the harbours are equipped with bow thrusters or are otherwise able to Page 55
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 42 OF 75 ISSUE A REV 01.9 MARCH 2026 manoeuvre adequately. The Buckie work Boat may be used to assist in berthing/unberthing a vessel. Any tugs of more than 5 tonnes gross operating in harbour areas must be licensed by the Harbour Authority. No such tugs currently operate. Any towage for specific purposes, to assist an unusual vessel/craft or to assist a disabled or grounded vessel will be planned with the Harbourmaster in advance. It will be subject to an unusual event Risk Assessment involving concerned personnel. Any additional control measures indicated by the risk assessment must be implemented. The contractor must satisfy the Harbourmaster that the proposed towage vessel: • Is of sufficient power and manoeuvrability for the vessel to be assisted and the confines of the • harbour • Is adequately and competently manned • Has all critical equipment operational • Is operated in accordance with a risk based safety management system, either formal or specific to the operation. If the towage vessel is unsuitable for these or other reasons, then operations will not proceed until suitable arrangements are in place. 9.8 Salvage Any salvage operations within the Moray Harbours must be carried out by a competent contractor, operating a risk based safety management system. A formal risk assessment is required prior to commencing the operation. Any specific controls or risk reduction measures identified as being necessary must be implemented. Tool box talks are essential before each shift or phase of the operation. Procedures for the operation must be produced by the contractor and cover: • Methodology; • Required equipment and personnel; • Exclusions/limitations on other harbour activities; • Other risk reduction and control measures required; • Parameters for suspending and aborting the operation; • Contingency plans. Harbourmasters will implement necessary and appropriate exclusion zones whilst the operation is being carried out. Other users should be kept advised of progress for any salvage operations. 9.9 Diving (Harbour Works and Vessels) The Authority has a responsibility to ensure that any diving works within the Harbour Area is carried out safely, by competent divers, in accordance with HSE Guidance. Recreational diving and swimming is regulated by the Byelaws. Page 56
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 43 OF 75 ISSUE A REV 01.9 MARCH 2026 Any diving works on behalf of Moray Council will be carried out by competent diving contractors, operating a risk based safety management system, requires a Permit to Work and must be carried out in line with a bespoke risk assessment and method statement for the activity. “Diving Operations in and around Moray Council Controlled Waters/Sites/Installations”. Contractors must provide evidence of their competence and SMS at the time of tendering. Refer to the above Safety Procedure. Any required diving on vessels within the Harbours must also be carried out by a competent diving contractor or otherwise be in compliance with HSE Guidance for Diving on Fishing Vessels. No such diving may take place without prior consultation with the Harbourmaster. In general, for any diving operations: • The diving system/vessel must be properly equipped and manned; • Weather and tidal conditions must be suitable; • Necessary warnings must be displayed and broadcast; • Other vessels, vehicles and persons not involved in the operation must be kept at a safe distance; • Diving must be suspended when there are increased risks from passing vessels or other activities in the harbour, or when other conditions change significantly; • Is subject to a Diving Permit (see the Direct Services Diving Safety Procedure) and a harbour permit to work The Harbourmaster may order the cessation of diving if any of the above are not met or the operation appears otherwise unsafe. 9.10 Navigational Warnings If Moray Council (Harbour Authority) become aware of any navigational hazard that is not present on marine charts or other published navigational information, it will, having verified any reports, publish a suitable warning through the use of a Local Notice to Mariners. The Notice to Mariners must be appropriate to the hazard and distributed accordingly. Such navigational warnings may include (but are not limited to) – • Adverse Weather Conditions • Shipping movements • Changes in charted depths • Damaged or malfunctioning AtoN • Wrecks or abandoned vessels • New or temporary exclusion zones • Works in harbour area • Miscellaneous safety warnings. If the navigational hazard is not of a temporary nature, changes to nautical charts and published information will be made if considered necessary by the UK Hydrographic Office. Tide tables are posted in the noticeboards at all the harbours. Page 57
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 44 OF 75 ISSUE A REV 01.9 MARCH 2026 10. AIDS TO NAVIGATION 10.1 Procedures The Authority maintains a suite of navigation aids, listed below, to mark the harbour entrances and in some cases hazards in the approach. The General Lighthouse Authority – Northern Lighthouse Board sets standards for aids to navigation and must be kept advised of any defects to the principal ones. These meet criteria set in the NLB document “Instructions on the Provision and Maintenance of Aids to Navigation”. Navigation lights at Cullen, Findochty and Portknockie are for local assistance. None the less, they are included in the report to NLB. As a competent harbour authority, Moray Council acts as a local lighthouse authority, and therefore has responsibility for the provision and proper maintenance of aids to navigation as necessary, and effective management of any danger to navigation from wrecks or obstructions. Maintenance of all Aids to Navigation is carried out by authority staff. Harbour staff inspect navigation lights for operation at least weekly. At Buckie, the Watchman confirms operation each night. Any defects are advised immediately to the Streetlighting team in Elgin for action and reported through the Harbour Asset Management System WDM. At Buckie and Burghead, any relevant defects are advised to vessels in port. Availability reports are prepared and forwarded by the Harbourmaster then submitted through the online report form to NLB. All local lighthouse authorities – including harbour authorities which maintain navigation aids, are required to report annually to NLB. The report covers the status and downtime of the aids and is submitted via email once generated from the AtoN online system. Refer to NLB document “Instructions on the Provision and Maintenance of Aids to Navigation”. 10.2 List of Navigation Aids (i) Buckie ▪ Qk Fl R 5 sec, 5m 7M Marking West Muck rocks ▪ Iso WG 2 sec 20 m 16/12M White light, in line with the North Pier light provides a clearing line 125º/305º, west of The Mucks; Green sector marks the rocks to the west of the Entrance; ▪ Occ R 10s 15m 15M North Pier (ii) Burghead • Occ 8 sec 7m 5M South-western corner of the North Pier • Qk Fl R 3m 5M Extremity of the North Pier and channel • Qk Fl G 3m 5M Extremity of South Pier and channel • Fl G 5 sec 2m 1M Southern extremity of groyne, east side of the channel (iii) Hopeman • Occ G 4s 8m 4M North-west corner of the West Pier • FR 3 & 4m Leading lights marking the entrance channel 081º. Page 58
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 45 OF 75 ISSUE A REV 01.9 MARCH 2026 (iv) Findochty • Unlit beacon on the north-west corner of the West Pier. • Fixed red leading lights marking the approach channel. (v) Portknockie • Flashing green leading lights marking the approach channel. (vi) Cullen • Unlit beacon on the south-west corner of the North Pier. • Flashing green light marking the entrance channel. 11 PILOTAGE 11.1 Pilotage Act Under the provisions of the Pilotage Act 1987, Moray Council is the Competent Harbour Authority for the provision of pilotage services within the Moray Council SHAs. This requires Moray Council to ‘keep under consideration’ the pilotage services that need to be provided to secure the safe navigation of ships in the harbour and its approaches. The following aspects are subject to regular review: • Whether pilotage should be compulsory, and if so, for what classes of ships; • The qualifications and number of people to be authorised as pilots within the area of jurisdiction; • The training and regulation of authorised pilots; • The provision of pilot boats to the approved standard; • The granting of ‘Pilotage Exemption Certificates’ to bona fide Masters and/or First Officers of ships which regularly call at the port; and • The charges to be levied for the provision of the Pilotage Service. Statute law defines a pilot as ‘any person not belonging to a ship who has the conduct thereof’ but the pilot does not assume the role of the Master and the fact that a ship is being navigated in an area that requires compulsory pilotage shall not affect any liability of the owner or Master for any loss or damage caused by the ship or by the manner in which it is being navigated 11.2 Pilotage Limitation of Liability A Harbour Authority’s pilotage liability is governed by section 22 of the Pilotage Act 1987. This does not entitle a person to limit their liability if it is proved that the loss resulted from their personal acts or omission, committed with the intent to cause such a loss, or recklessly and with the knowledge that such loss would probably be the result. There is a limitation of liability in the charge of pilot’s negligence, which is currently £1,000, plus the pilotage fee for the voyage in question. For a Competent Harbour Authority the amount is £1,000 multiplied by the number of Pilots authorised for that district. Page 59
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 46 OF 75 ISSUE A REV 01.9 MARCH 2026 11.3 Pilot Conduct Each Pilot is directly responsible to the Harbour Authority for the provision of pilotage and related services concerned with the safe movement of vessels in the compulsory pilotage area. The Harbour Authority determines the qualifications for authorisation as a pilot for Buckie Harbour in respect of fitness, time served, local knowledge, skill and any other stipulation thought necessary. The Harbour Authority may revoke or suspend pilotage duties if it appears the Pilot is incompetent, has failed to carry out his/her duty through misconduct, or has failed to continue holding the required qualifications of the post. 11.4 Pilotage Assessment Moray Council Harbours offers non compulsory pilotage for the harbours. Following a Navigational Risk Assessment of all six (6) harbours, Moray Council deems the Buckie Harbour to be on the only harbour that requires a pilotage service due to the complexity of the harbour. For the Harbours of Burghead, Cullen, Findochty, Hopemen, Portknockie no Pilotage offered following formal risk assessment, and limitations of vessel size up to 15m LOA is accepted within the harbours, unless express permission is received from the Harbour Master. In limiting the size of vessels for the above harbours this provides mitigation for the safety of navigation, and no requirement for pilotage. 11.5 Pilotage Arrangements Buckie offers a pilotage service on demand, although it is not compulsory for any class of vessel. Commercial vessels unfamiliar with the port are encouraged to take a pilot on arrival and may request a pilot for sailing. All pilotage is conducted in accordance with the Buckie Pilot Boat Coxswain and Pilot Training manual, which is compliant with the National Occupational Standards and reviewed annually. Pilots normally board at least one mile north-north-west of the entrance and always to seaward of The Mucks. Pilots land outside the harbour entrance at a point agreed with the master. Once onboard the Captain and Pilot will go through the Pilot/Master Interchange card before continuing entry/exit. The harbour authority employs and authorises the pilots and has in place appropriate qualifications and training requirements (see below). All hold recognised certification and have appropriate seagoing experience and local knowledge. No pilotage service is offered at the other Moray Council Harbours but the Buckie harbourmaster can arrange for advice if requested. 11.2 Training & Qualifications Candidates for consideration as Pilot at Buckie should meet the following standards: • Experience working on commercial vessels, particularly in the bridge • Be medically fit with good hearing and sight, able to differentiate between colours (ENG1) Page 60
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 47 OF 75 ISSUE A REV 01.9 MARCH 2026 • Familiarity with approaches to the harbour, position and nature of the approach lights and local hazards • Must be willing to complete the in-house Pilot Training Scheme • Minimum of six training trips, with an experienced pilot on a representative selection of vessels of which a) 3 trips should be inward b) 3 trips should be at night • Satisfactory examination by the Harbourmaster and/or experienced pilot. Any Pilot who has not carried out the duty within the previous 4 months will be given a full brief by the other Pilot on anything that may be new. The briefing will revalidate the Pilots authority to pilot for Buckie Harbour Training is in line with the National Occupational Standards (NOS) for Marine Pilotage. As part of the in-house training a competency assessment has been generated using the key points from the NOS and can be seen below. The Pilot Training log allows trainee pilots to log all lessons learned during their training and therefore ensure that those lessons are passed on to future pilots. A Pilot Continuous Professional Development (PCPD) programme has been set up for pilots. The purpose of this is to allow the Buckie Harbour pilots the opportunity to continue developing their skills gained during the initial training. It will focus on 3 elements, professional evaluation, knowledge and skills and emergency response. If this is not completed over the 3 years from gaining approval as a pilot then the authority to pilot vessels for Moray Council will be removed. Refer to Appendix H – Competency Assessment 11.3 Competency Assessment The Authority may restrict a new pilot to certain vessel dimensions or characteristics for a probationary period. The Authority may also restrict pilotage of certain vessels with specialised or unusual features to certain pilots with appropriate training and experience. 11.4 Pilotage Exemption Certificates As pilotage is not compulsory, there are no provisions for Pilotage Exemption Certificates (PEC’s). 11.5 Pilot/Master Interface Effective communications between the pilot and the master of the vessel are essential. Each must brief the other before the transit commences. (i) The Master should provide the Pilot with all relevant information concerning the vessel and its equipment, relevant to the proposed operation in written or diagrammatic format. This should include draft, dimensions, confirmation that all critical equipment is operational and any limitations or peculiarities of the vessel or its manoeuvring capability. This will be noted onto the Pilot Card. (ii) The Pilot will advise the Master verbally of all information relevant to the operation including depths of water, tidal conditions and status of navigation aids. The master Page 61
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 48 OF 75 ISSUE A REV 01.9 MARCH 2026 and pilot will agree decision points on the passage, abort plans and necessary equipment and personnel to be available. This is on the Passage Plan. (iii) The Master will report on any polluting or hazardous materials to the Pilot. (iv) The Pilot will report any deficiencies in the performance of the vessel or in the information exchange to the Harbour Authority. If performance of the vessel or personnel is sufficiently downgraded the Pilot shall consider aborting the passage. The Pilot and Harbourmaster shall consider whether serious deficiencies require a report to MCA. In the first instance Aberdeen Coastguard should be contacted and asked for advice on the correct person to speak to (v) The Pilot will complete a report for any Incident or Near Miss per the Moray Council format. The Pilot and Harbourmaster will also consider whether this should be reported to the MAIB 11.6 Pilot Boat Buckie operates a high speed pilot boat, with good seakeeping characteristics, with which to board pilots to seaward of The Mucks. The Boat is crewed by at least two harbour staff in addition to the pilot. The harbour office is staffed when the pilot Boat is deployed during office hours but not out of hours. The Boat is equipped with echo sounding and navigation equipment and carries out depth surveys at Buckie, Burghead and areas of the recreational harbours which do not dry out. It should be crewed by at least two staff for survey operations. Generally, Pilot Boat operations are carried out in line with the MCA Code of Practice on the Safety of Small Workboats and Pilot Boats. The Buckie Boat is surveyed periodically by approved consultants for the SWB2 Document of Compliance. A Tool Box Talk risk assessment will be carried out before each Boat operation to identify the tasks, the particular hazards involved, each person’s responsibilities, protective equipment to be used and contingency plans in the event of an incident. 11.7 Pilotage Operations Procedures a) Duty Watchman to check lights and run pilot Boat engine prior to operation. b) Nominated 2 man crew, Pilot & Duty Harbourmaster muster 20 minutes before estimated arrival/sailing time. c) Harbourmaster confirms that sufficient depth of water for the operation, given vessel’s draft and weather conditions. d) Harbourmaster liaises with Pilot to ensure weather conditions suitable for the operation to proceed safely. e) Aborting the operation whilst in progress is at the discretion of the pilot. f) Whether to go alongside the vessel is at the discretion of the nominated pilot Boat coxswain. Page 62
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 49 OF 75 ISSUE A REV 01.9 MARCH 2026 Notes: The Boat is operated in compliance with the MCA Small Workboats and Pilot Boats Code of Practice, under which Buckie Pilot Boat is considered a pilot boat vessel for operation within 3 miles of a safe haven Page 63
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 50 OF 75 ISSUE A REV 01.9 MARCH 2026 12 OTHER HARBOUR CRAFT Any other small craft used for harbour services should be operated to the same safety standards as for the harbour launches. Any small craft used for harbour and associated works, including pilot boarding/landing and harbour surveys, whether operated by the harbour personnel or by contractors must: ▪ Be suitable, and certified where appropriate, for the task, the working area and the environmental conditions; ▪ Be crewed by at least two competent persons; ▪ Be aware of larger vessel movements which may affect the operation; ▪ Have an alternate means of propulsion to the primary engine; ▪ Maintain watch on VHF and be in constant radio contact with a designated person onshore; ▪ Carry lifejackets, a torch, flares and other means of attracting attention; ▪ If proceeding out with the enclosed harbour, be fitted with an operating compass. The crew must wear life vests and safety lines, properly fastened, when on exterior decks or when in an open craft. Single operators must wear a life vest and safety line at all times when in the craft. The crew and their onshore supervisor must carry out a “tool-box talk” before commencing the operation, at the least this should cover: ▪ All required tools and equipment for the task available; ▪ Sufficient, competent crew for operation, task requirements understood; ▪ Weather and tidal conditions, present and expected, checked and suitable; ▪ Marine craft safety and communications equipment in place, usage understood by crew; ▪ Communications procedures and methods agreed and understood; ▪ Parameters for aborting the operations agreed; ▪ Contingency/escape plans agreed and understood in the event of problems or incident. A full debrief will be held when back in the office looking at what went well and what could be done better to ensure any lessons learned are fully communicated to the team. Page 64
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 51 OF 75 ISSUE A REV 01.9 MARCH 2026 13. INCIDENT & NEAR MISS REPORTING Reporting and Follow-up Flowchart The following flowchart summarises the incident reporting and follow up system. Page 65
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 52 OF 75
ISSUE A REV 01.9 MARCH 2026
Incident Reporting Procedure Flow Chart Incident Occurs
Person(s) Present - take appropriate
action, eg, get medical assistance, give
first aid, make area safe, etc.
Notify the Reporting Officer for your
section/team, this will usually be the
Line Manager or Supervisor
Reporting Officer - is the incident so
serious that others need to be informed
immediately? eg, death, major injury
under RIDDOR (see SMS7.1), injury to
a person not at work, service
threatening event, etc. Contact H&S
Section if advice is required
Yes
No
Contact the HSE Incident Contact
Centre by phone (08453009923)
for fatalities or major injuries.
Fatal incident occurring out of
hours should be reported to the
HSE Duty Officer (01519229235).
Other RIDDOR reportable injuries
notify the HSE ICC online.
www.hse.gov.uk/riddor/index.htm
Inform your Section Head
and the H&S Section
(01343) 563629
Buckie harbour is
operated as a
temporary
storage facility
complying with
the relevant UK
government
requirements.
The port utilises
MCA approved
software to
monitor track and
authorise
movements of
cargo in
compliance with
the UK customs
and Border force
requirements.
Shipping agents
should liaise with
Harbourmaster to
ensure all
relevant
documentation is
completed prior
to vessels
departing port of
origin before
passage to
Buckie.
Reporting Officer - implement the rest
of the incident reporting procedure,
contact H&S Section if assistance is
required
Is the incident not immediately notifiable to
the HSE, but still reportable under RIDDOR,
eg, an over 7 day injury? (See SMS7.1 for
the requirements of RIDDOR)
Yes
Complete the
Internal Incident
Report form.
File the Internal Incident Report form
(and any reports sent by the HSE) in the
section/team's Accident File ("Accident
Book")
Send copies to the
Section Head and the
H&S Section within 10
days of the incident.
Carry out an
investigation as
appropriate (see
SMS7.1)
Contact the HSE Incident
Contact Centre within 15
days (or as soon as possible
if an injury takes more than
15 days to confirm).
www.hse.gov.uk/riddor/index
.htm
With serious incidents
inform: Commucations
Officer (01343) 563601
Consider Head of Dept;
Chief Exec; Local
Councillors.
Out of office hours
contact Duty CMT/HoS
via Cameron Park Brae
0345 7565656
Person(s) Present - take appropriate action,
eg, get medical assistance, give first aid,
make area safe, etc.
Notify the Reporting Officer for your
section/team, this will usually be the Line
Manager or Supervisor
Reporting Officer - is the incident so
serious that others need to be informed
immediately? eg, death, major injury under
RIDDOR (see SMS7.1), injury to a person
not at work, service threatening event, etc.
Contact H&S Section if advice is required
Yes
No
Contact the HSE Incident Contact
Centre by phone (08453009923) for
fatalities or major injuries. Fatal
incident occurring out of hours
should be reported to the HSE Duty
Officer ((03453009923) Other
RIDDOR reportable injuries notify the
HSE ICC online.
www.hse.gov.uk/riddor/index.htm
Reporting Officer - implement the rest of
the incident reporting procedure, contact
H&S Section if assistance is required
Is the incident not immediately notifiable to the
HSE, but still reportable under RIDDOR, eg, an
over 7 day injury? (See SMS7.1 for the
requirements of RIDDOR)
Yes
Complete the
Internal Incident
Report form.
File the Internal Incident Report form (and
any reports sent by the HSE) in the
section/team's Accident File ("Accident
Book")
Send copies to the Section
Head and the H&S Section
within 10 days of the
incident.
Carry out an
investigation as
appropriate (see
SMS7.1)
Contact the HSE Incident
Contact Centre within 15 days
(or as soon as possible if an
injury takes more than 15 days
to confirm).
www.hse.gov.uk/riddor/index.
htm
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 53 OF 75 ISSUE A REV 01.9 MARCH 2026 13.11 INCIDENT & NEAR MISS REPORTING 1. INTRODUCTION The Moray Council seeks to prevent undesirable incidents from occurring as a result of its activities and has instituted a pro-active safety management system, directions and operational procedures to ensure they are avoided where possible. That said, errors and mistakes do occur and these can result in harm to people or damage to property and equipment. This procedure covers how such incidents should be dealt with so that lessons are learned and repeat occurrences prevented. 2. PURPOSE To provide a system for recording, reporting and investigating relevant incidents so that deficiencies and adverse trends in safety performance can be highlighted and addressed. 3. SCOPE 3.1. This procedure covers the following events should they occur in the course of Council activities: − Injuries to persons − Occupational illnesses resulting from specific events or activities − Dangerous occurrences and near misses that could have resulted in harm or material damage − An environmental incident 3.2. It applies to anyone involved in, or affected by, work activities undertaken by the Council, eg, staff, clients, service users, contractors and members of the public. Violent and aggressive incidents, however, are not covered by this procedure. 3.3. At the all of the harbours there are other marine specific potential hazards to consider such as: ▪ Groundings, strandings, founderings ▪ Collision or contact with other vessels or craft, navigation aids, other fixed objects, significant debris or persons in the water ▪ Hard landings against quays, damage to quays and/or vessels ▪ Injury to personnel, falling into water, drowning, other fatality ▪ Significant equipment or propulsion failure on vessels ▪ Other damage to vessels, or property, including wash damage ▪ Other incidents which may result in loss or litigation. ▪ Close quarters situations with other vessels/craft or persons in the water ▪ Vessel equipment or propulsion failure with the potential to cause an incident ▪ Personnel errors with the potential to cause an incident. 4. RESPONSIBILITIES Page 67
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 54 OF 75 ISSUE A REV 01.9 MARCH 2026 4.1. Duty Holders - approve procedures; monitor implementation; monitor incident data and take appropriate action, including enforcement. 4.2. Section Heads - designate staff with responsibility for reporting and investigating incidents; ensure designated persons are aware of their responsibilities; monitor procedure implementation; investigate serious incidents (as necessary); monitor incident data and take appropriate action. 4.3. Harbourmaster/Assistant Harbourmaster - inform staff of their responsibilities; report and record all relevant incidents; investigate incidents (as necessary); monitor incident data and take appropriate action, including investigation and enforcement. 4.4. All Harbour Employees/Visitors - report any incident they are involved in or witness to the Harbourmaster or Assistant Harbourmaster. 4.5. Senior Health & Safety Adviser - monitor procedure implementation; investigate serious incidents (as necessary); monitor incident data and take appropriate action. In certain circumstances the Marine Accident Investigation Branch (MAIB) or Maritime and Coastguard Agency (MCA) may become involved in incident investigation. The police will take primacy in any investigation involving death or crime. When someone dies in a work-related incident or as a result of a navigational incident, a number of different organisations will require to work with the police to ensure that the incident is investigated and that the reasons for the death are understood. Moray Council will work with the police to support their investigation “where appropriate.” 5. PROCEDURE Incident Occurs: 5.1. The first priority is to prevent an incident occurring by issuing a Special Direction or verbal warning. If an incident has occurred those present should take appropriate emergency action, eg, administer first aid, get medical assistance, make the area safe, etc. The objective should be to ensure that no further harm is incurred. 5.2. The incident should then be reported to the appropriate line manager so that this procedure can be activated, unless the line manager is already present and can take the necessary action. (See above for a flow chart illustration of the procedure). 5.3. With incidents occurring to staff outside of normal office hours, each service should have a contact manager who can deal with any incident reporting, immediate investigation requirement or other actions that cannot be delayed. Immediate Notification of Serious Incidents: 5.4. The initial response of the reporting officer must be to consider if others need to be told about it immediately. 5.5. The Section Head and the Health & Safety Section (01343 563073) must be informed as soon as possible after a serious incident occurs, ie, a death, serious notifiable injury or any other incident that could be considered significant to the operation of a Page 68
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 55 OF 75 ISSUE A REV 01.9 MARCH 2026 service. In addition, the Head of Service and the Communications Officer (01343 563601) should be contacted. Depending on the severity and type of incident the Head of Service should consider notifying the Chief Executive and the Local Councillors. 5.6. The HSE will also need to be notified immediately under RIDDOR where a death or serious notifiable injury occurs. This must be done as soon as possible after the incident by phone (0345 300 9923, Monday to Friday 0830-1700). The MAIB should also be informed for any serious incident involving a vessel or personnel on board a vessel by calling 023 8023 2527. 5.7. If an incident occurs outside these hours the HSE Duty Officer should be contact by phone (0151 922 9235): • following a work-related death; • following a serious incident where there have been multiple casualties; • following an incident which has caused major disruption such as evacuation of people, closure of roads, large numbers of people going to hospital etc. All other out of office hours incidents are to be reported on line (www.hse.gov.uk/riddor/index.htm) (http://www.hse.gov.uk/riddor/report.htm#online) 5.8 When out of hours incidents detailed in paragraph 5.7 have occurred, it is important that a member of the Council’s SMT is notified, the duty senior officer can be contacted via Cameron Park Brae on 01343 556102. 5.9 The harbourmaster or his assistant who observes or is made aware of any event involving a discharge or probable discharge of oil, or the presence of oil in the sea shall without delay report the event or presence of oil to HM Maritime and Coastguard Agency (MCA). 5.10 In the first instance contact should be made with the MCA in Aberdeen to inform them on 01224 597900. 5.11 Second stage is to complete a Post Incident Report on the MCA form and submit to the Counter Pollution and Salvaging Officer for Scotland and Northern Ireland. A blank Post Incident Report Form is stored electronically in the incident file. 6. Internal Incident Reporting 6.1. All incidents that come under the remit of this procedure must be formally reported by completing an Internal Incident Reporting form. 6.2 An Internal Incident Report form (SMS8.1) must be completed as soon as possible after the event so that an accurate account of what happened can be gained. Copies should then be sent to the Section Head and the Health & Safety Section within 10 days. 6.3. These forms can be found on the Intranet homepage under the Forms link. Forms should be completed by the relevant line-manager unless the incident involves a minor injury or near miss, in which case it may be done by the affected person. Page 69
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 56 OF 75 ISSUE A REV 01.9 MARCH 2026 7. RIDDOR and other agencies 7.1 Deaths, notifiable serious injuries and injuries involving more than 7 days off work are reportable under RIDDOR where staff are involved, as are certain injuries to non- employees, some occupational diseases and particular dangerous occurrences. (See SMS7.1for guidance) 7.2 Incidents involving people not at work may also be RIDDOR reportable, if they are (1) injured as a result of something the Council has or has not done, and (2) needed to be taken to hospital as a result. (See SMS7.1 for guidance) 7.3 All non-fatal / major injury RIDDOR reportable incidents must be reported to the HSE's Incident Contact Centre, on line (www.hse.gov.uk/riddor/index.htm). 7.4 RIDDOR incidents involving contractors must be reported by their own employer and not the Moray Council. Where a self-employed person is working under the control of the Moray Council, however, that person should be treated in the same manner as a member of staff for the purposes of this procedure. 7.5 Accidents, including serious injuries, should be reported to the MAIB by the quickest means possible. This is so that the MAIB can decide whether to investigate the accident without delay, and to prevent evidence of all types being lost or decaying. MAIB should be called on 023 8023 2527 in the first instance and followed up with the online Accident Report Form (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/49427 6/AccidentReportForm-ElectronicFormV2.pdf) 7.6 The MAIB (Marine Accident Investigation Branch) are an independent unit within the Department for Transport with 4 investigation teams and they investigate marine accidents involving UK vessels worldwide and all vessels in UK territorial waters. They do not apportion blame or liability but look for ways to prevent further avoidable accidents from occurring. 7.7 The MAIB should be notified if anyone dies as a result of an accident, suffers an injury or is lost or falls overboard. If the incident involves a vessel and causes loss of life, major injury, material damage, is abandoned, damaged by fire, has a collision, is disabled, causes serious pollution or is involved in a near miss then it should be reported. This list is not exhaustive and if further clarification is required the MAIB should be contacted. 8. Record Keeping 8.1 Original copies of incident forms must be kept within the office from which they were sent. They should be stored within a secure Incident Reporting file, which constitutes the unit's "Accident Book". 8.2 The HSE will send reports of incidents that they have been notified about and these should be appended to the corresponding Internal Incident Report form. Page 70
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 57 OF 75 ISSUE A REV 01.9 MARCH 2026 8.3 Original copies of incident reports must be kept on file for at least 3 years. Note that incident reports involving children must be kept for at least 3 years after their 18th birthday. 8.4 Section Heads need to be able to monitor incident trends and should therefore collate details of incidents that occur within their area of responsibility. These details can be kept electronically rather than in the form of stored paper records. 9. Investigation and Enforcement 9.1. All incidents must be investigated. The extent of the investigation should be in direct proportion to the seriousness of the occurrence. (See SMS13 4.01 for guidance) 9.2. The Health & Safety Section can decide to undertake an independent investigation if they believe the circumstances warrant this, as can the HSE if they receive a RIDDOR report that gives them particular concern. Staff affected should provide all necessary co-operation should this occur. 9.3 Investigations will be carried out by suitably trained personnel including area/equipment specialists if required. The aim of all investigations will be to find the systems failure that created the situation and to ensure that suitable remedial actions are taken to ensure that the incident does not happen again. 9.4 Enforcement action in accordance with the Harbours Enforcement Policy should be considered following investigation to ensure the incident does not happen again. Under the Port & Marine Facilities Safety Code, and relevant legisation, Moray Council is responsible for the effective enforcement of regulations made and Bye- Laws given to assist in managing marine operations and ensuring the safety of navigation within the harbour. Enforcement underpins navigational safety by ensuring compliance with legislation, bye-laws or regulation; it requires effective surveillance, incident investigation, and leads, where appropriate, to sanctions imposed either by Moray Council or when necessary, by the Courts. Moray Council will ensure that any enforcement action taken is proportional to the risks posed by the breach of legislation, bye-laws or regulation and the seriousness of the offence. Any decision regarding enforcement action will be impartial and objective, and will not be influenced by race, gender, politics, sexual orientation, disability or religious beliefs of any alleged offender, victim or witness; such decisions will not be affected by improper or undue pressure from any source. A consistent approach to enforcement in similar circumstances will be adopted throughout the harbour network and effective liaison will be maintained with enforcing authorities. Enforcement will be concentrated on those activities which cause the greatest threat to public safety, employee safety and pose the greatest threats to the Page 71
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 58 OF 75 ISSUE A REV 01.9 MARCH 2026 environment or undermine regulatory regimes, which have been created to protect and improve the environment and safety and prevent harm to human health 10. DEFINITIONS 10.1 INCIDENT: An unplanned, unpremeditated happening which leads to injury or loss, or could have led to injury or loss. Examples include: ▪ Groundings, strandings, founderings ▪ Collision or contact with other vessels or craft, navaids, other fixed objects, significant debris or persons in the water ▪ Hard landings against quays, damage to quays and/or vessels ▪ Injury to personnel, falling into water, drowning, other fatality ▪ Significant equipment or propulsion failure on vessels ▪ Other damage to vessels, or property, including wash damage ▪ Other incidents which may result in loss or litigation. 10.2 ACCIDENT: An incident, which causes injury and/or damage. 10.3 DANGEROUS OCCURRENCE: A serious occurrence which does not necessarily result in a reportable injury, but which has the potential to do significant harm. 10.4 NEAR MISS: An occurrence which does not result in injury or loss, but which has the potential to do so. • Close quarters situations with other vessels/craft or persons in the water • Vessel equipment or propulsion failure with the potential to cause an incident • Personnel errors with the potential to cause an incident 10.5 OCCUPATIONAL ILLNESS: Illness or medical condition caused by factors within the workplace. 10.6 RIDDOR: Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. ACCIDENT BOOK (BI 510): HSE book for recording the details of accidents in the workplace. It is not a requirement to use a BI 510 Accident Book to record accidents in the workplace. However, if one is not used, the information recorded in it must be recorded in an alternative manner. The Moray Council’s Internal Incident Report Form, when completed fully, meets this requirement and storing it in a secure file constitutes an "accident book" 11 Incident and Near Miss Summary YEAR: HARBOUR: NO DATE INCIDENT TYPE CAUSE FOLLOW –UP? YES/NO DATE CLOSED OUT NOTES Page 72
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 59 OF 75 ISSUE A REV 01.9 MARCH 2026 14 PERMIT TO WORK Introduction In order for us to create a safe working environment for all our staff and contractors at Buckie Harbour, a Permit to Work System has been developed to control certain types of hazards and risks. The contents and elements of this system reflect the principles and intent as laid out by the Health and Safety Executive. Scope This permit to work system is applicable to all works being carried out at any of our harbours (Burghead, Hopeman, Buckie, Findochty, Portknockie and Cullen) and by all personnel including Moray Council staff and contractors. Responsibilities Person in Control of Work – This is the person in charge of the work. On some occasions the person in charge will be the task supervisor but other times it will be the project leader. An individual who is named in the appropriate section of the Page 73
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 60 OF 75 ISSUE A REV 01.9 MARCH 2026 permit, and approved by an authorised person is the designated Person in Charge, and is responsible for ensuring that work is undertaken safely and efficiently within the limits of the permit, including: ▪ accurate completion of the permit form ▪ obtaining the appropriate level of authorisation ▪ understanding of the work and associated Company procedures ▪ compliance with all written precautions ▪ adherence to safe working practices at all times ▪ informing all affected persons before the start of the work ▪ ensuring the work area is left in a safe, clean condition at each stop, shift change, or on completion ▪ clearing all tools and equipment from the work area on completion ▪ properly briefing those who will continue the work at a shift change with regards to the work, necessary precautions, procedures and requirements of the permit ▪ accurate completion of the form when the work is finished and the return of the permit to the harbour office. Harbourmaster – The Harbourmaster (including the Assistant) is the authorised person who will give the approval for the work to be carried out. They will ensure that the PTW is filled in correctly and that there is a copy of the JSA, Risk Assessment or Method Statement and proof of Third Party Liability Insurance with the permit. The Harbourmaster will note down any potential conflicting operations that will be taking place within the harbour that day. When possible the Harbourmaster or his appointee will inspect the worksite prior to signing off the permit to ensure it has been left in a safe and tidy condition. Harbour Assistants – In the absence of the Harbourmaster, the Harbour Assistants (sometimes referred to as Watchmen) take on the role of authorised person with the same responsibilities to ensure that there are no conflicting operations and that the PTW and JSA etc. are in place and correct. Harbour Assistants can sign off a permit which was signed on by the Harbourmaster. Contractors – All contractors will be vetted by their own company for suitability to carry out the task safely prior to arrival on site, including the appropriate level of training and competence. It is the contractor’s responsibility to ensure that they are following their own company’s rules and those of the harbour. The person in charge will brief the Harbourmaster on the task and safety considerations to ensure that all risk has been minimised. Harbour Users – All harbour users are subject to this same procedure for safe work. Where work is being undertaken on a vessel alongside, it may not be appropriate to issue a PTW. Each case will be risk assessed individually. When a permit is required Prior to undertaking any work, personnel must determine if a permit is required. This is determined by reference to the section below but may also be required by the Harbourmaster even if it is not listed. Work Which Requires a Permit Work requiring a permit falls into two basic categories as defined below: Page 74
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 61 OF 75 ISSUE A REV 01.9 MARCH 2026 1. HOT WORK: Work involving open flames or other sources of ignition, or which may have a potential source of ignition. 2. COLD WORK: Other work listed in this section and work that presents a significant hazard, but no source of ignition Work considered “Hot Work” that requires a permit includes, but is not limited to: ▪ work involving open flame ▪ grinding ▪ electric arc welding ▪ any work involving explosives ▪ use of powered wire brushes or work that can cause sparks ▪ needle gunning ▪ shot blasting, grit or high pressure water blasting ▪ work involving high voltage electrical equipment ▪ work on “live” electrical equipment including switching, testing, fault finding or other work exposing personnel to live cables, connections or exposing equipment to a hazardous atmosphere ▪ work that may cause an unintended or uncontrolled hydrocarbon release, including disconnection of pipework or equipment that contains or has contained hydrocarbon, flammable or hazardous materials Work considered “Cold Work” that requires a permit includes, but is not limited to: ▪ handling of any substance that could be hazardous to health, including toxic chemicals, radioactive sources, asbestos, etc. This would not include normal routine operations such as painting. ▪ removals of handrails, where an individual could fall 6 feet or more onto the ground or into the sea ▪ diving operations ▪ work requiring entry into a confined space, tank or vessel ▪ any work which affects the operation of safety and emergency systems, including work on detection systems, protection systems ▪ work required above an area where others will continue to work normally ▪ heavy or unusual lifts by a crane, which are defined as anything over 50% of the total lifting capacity of the crane or defined as a complicated or complex lift ▪ isolation of energy sources Work Which Does Not Normally Require a Permit It is impracticable and unnecessary to have all work covered by a permit. Therefore, work not listed above would not normally require a permit unless there is a deviation from the normal procedures or the harbourmaster requests a permit to assist control of the work. A properly completed JSA, Tool Box Talk, Risk Assessment or Method Statement should usually reveal the necessity for a permit. Authorisation The Harbourmaster (including the Assistant) is the only one who can authorise a permit and issue a permit number. Page 75
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 62 OF 75 ISSUE A REV 01.9 MARCH 2026 However if the Harbourmaster is not on shift at the time then a Harbour Assistant/Watchman can authorise the permits apart from: ▪ Diving ▪ High Voltage Isolations ▪ Work on life saving equipment ▪ Working in an Asbestos contaminated building ▪ Any task where there is a risk to personnel undertaking the work and others in the immediate vicinity. ▪ Any task where there are members of the public likely to be affected Planning This is the most important aspect in ensuring efficient control of the work and communication between all personnel involved in the work or affected by the work. Planning and preparation should be made in advance, meetings held, and all aspects of the work, including policy, safe working practices, procedures, precautions and methods identified, before a permit is obtained. Planning and preparation of work requiring a permit must ensure all hazards have been identified, eliminated or controlled, and risks minimised to as low as reasonably practicable. Identification and tracking of forms All permits will have a unique identifying number written on to the top left hand corner of the PTW form. This unique number will consist of the first 3 letters of the harbour name, the last 2 digits of the year and then a sequential number. This would mean that the first permit for a task at Buckie Harbour would be BUC/16/01. Regardless of the harbour the sequential numbers continue so the second permit issued for a task at Findochty this time would be FIN/16/02. Permits for Burghead and Hopeman will be administered from Burghead and for Buckie, Findochty, Portknockie and Cullen they will be administered from Buckie. A permit log of what is happening and where it is taking place will be maintained from these locations. Changes to the permit Once a permit has been approved no changes can be made without the authorisation of the Harbourmaster. These changes should be discussed with the Harbourmaster prior to being written onto the form where the Harbourmaster will initial his approval onto the form. Validity of the Permit Permits are can be validated for a period of no longer than 7 days. After that time a new permit will be raised and approved. If a permit was taken out for a period shorter that 7 days and it looks like that task will run on, approval can be given to extend the permit but only up to 7 days from when it was issued. Temporary stoppage or suspension of work On occasion it is necessary to stop the work being carried out, this may be due to the weather conditions, waiting for parts or many other reasons. If the work is stopped for more than an hour, the Person in Control of the work is responsible for letting the harbour office know of the suspension of work. If the suspension is for more than one shift, the permit should be returned to the harbour office. Page 76
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 63 OF 75 ISSUE A REV 01.9 MARCH 2026 Lock, Tag and Try Electrical Isolations – Electrical isolations can only be carried out by an approved electrical engineering company. Moray Council has designated Campbell and McHardy as the company to deal with electrical engineering issues at the harbours. Moray Council electrical team deal with the other electrical items such as street lights and Navigation lights. They must at all times follow their company procedures for isolations Mechanical Isolations – Mechanical Isolations are not commonly carried out around the harbour but would include such things as isolating the water supply to a pier. These can be carried out by any approved person, approval will be given as part of the PTW process. When populating the Lock, Tag and Try part of the permit, write in a clear description of the piece of equipment that is to be isolated and if possible where the isolation point is. The Harbourmaster will then approve the isolation. The isolation is to be carried out prior to the permit being authorised fully. Once the item has been locked out it is important to tag the item so that others can see the isolation point, the piece of equipment isolated should then be tried to ensure that there is no residual power going to it. Failure to do so could result in any of the following hazards: ▪ Electrical shock ▪ Chemical exposure ▪ Skin burns ▪ Lacerations or amputations ▪ Fires or explosions ▪ Chemical releases ▪ Eye injury ▪ Environmental Incidents ▪ Death Any de-isolation has to go through the same process as the isolation, write down the details on the permit and get the de-isolation approved prior to de-isolating then closing the permit. If it is only a partial de-isolation this must be noted on the PTW and initialled as authorised by the Harbourmaster. Permit Form Completion( • The Person in Charge of the Task will note down his/her name and some contact details as he/she will be the main point of contact. The project site / location or vessel name is to be noted down then any of the other contractor supervisors whom may need to be contacted about the task. The start and finish times are the validity period so they can be no more than 7 days apart. • Next decide which type of permit you require and tick the appropriate box. Page 77
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 64 OF 75 ISSUE A REV 01.9 MARCH 2026 • Under the job description put down as much details as you can regarding the task. There will be an associated JSA, Risk Assessment or Method Statement for the job and as a minimum the headings from each of those should be noted down. • Note down all the equipment that will be used throughout the task. ‘Hand Tools’ is not an adequate description- please list all the tools required. • Conflicting or simultaneous operations will be noted down by the Harbourmaster and discussed with the person in charge. • Ensuring adequate protection for members of the public is one of our main priorities in any task, therefore it is important that site controls are considered during this process and will be discussed between the Harbourmaster and Person in Charge. • Tick any of the appropriate boxes for safety equipment and PPE section. Think carefully about the requirements and ensure that any extra equipment required is noted down. • On the right hand side of the form is the authorisation section. It is important that if the task is complete, the box is ticked. The permit is neither authorised nor closed if the appropriate Harbourmaster signature is not there. • When the permit is authorised, a photocopy will be taken and given to the Person in Charge to be kept at the worksite. The original will be kept in the Harbour office. Page 78
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 65 OF 75 ISSUE A REV 01.9 MARCH 2026 15 RECREATIONAL ACTIVITIES All the Moray Harbours are used for recreational boating. At the four smaller harbours it is the principal activity. Buckie being principally commercial is the least active, with only passing yachts stopping in for 1 or 2 nights at a time. Burghead was becoming more of a recreational port dealing with larger yachts and launches but in recent years there has been an increase in the number of trawlers based at the harbour catching prawn/shellfish. This has meant that the number of recreational vessels has been reduced. At the other four harbours recreational boating includes use of sailing craft, launches and part time creel boats. Findochty and Portknockie have three pontoons each of varying length whereas Cullen has one pontoon and they are for small craft. There is one long pontoon at Hopeman. All harbours have some pier side berthing. Areas of the harbour estate at Burghead, Findochty, Portknockie and Hopeman are used by private individuals to maintain and repair boats. At all the harbours there is traditional, open, public access and a variety of water related activities take place. These include line fishing, beach swimming, boating and using the piers as jumping off points. The three easternmost harbours are used by speed boats, jet skis and water skiers. The Byelaws place restrictions on such craft and require all users to proceed at such speed as not to endanger others. A maximum speed of 3 knots applies within all the harbours. The exposed approaches to all the harbours make the possibility of a vessel stranding or foundering in bad weather, a potential event. There is no practical means of implementing port closures for the recreational harbours, as small craft may already be at sea. The Byelaws contain adequate powers to control recreational activities although with limited resources locally, enforcement has to be by good example and promoting a culture of safe, considerate boating. Within the recreational harbours, small craft and swimmers present and may be may be obscured by the piers. Hence, harbour staff must encourage caution among boat operators to avoid collisions or interations. Regattas, races and public events involving a number of craft within the harbours require 28 days advance notice and consultation with the Harbourmaster. In reviewing such proposals the Harbourmaster will consider: • Potential interference with other port activities • Any interaction with anticipated commercial traffic • Provision of safety equipment and safety boats • Contingency planning in case of bad weather or an incident • Competence and safety culture of the organisers. • Is a suitable and sufficient risk assessment in place • Is there suitable insurance in place Page 79
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 66 OF 75 ISSUE A REV 01.9 MARCH 2026 16 APPENDIX A. PASSAGE PLANNING A passage plan will be produced and presented to the master of a vessel during pilotage tasks. Admiralty chart 1462 is for the Harbours on the North and East Coasts of Scotland and covers Buckie, Burghead and Hopeman. Page 80
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 67 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX B. MORAY COUNCIL PROCEDURES There are many subjects covered throughout the SMS including the standardised forms to be used. All the following topics can be found by looking on Moray Council Intranet site available on all council owned computers. 5.1 – Hazardous substance Control 5.2 – Personal Protective Equipment 5.3 – Manual Handling 5.5 – First Aid 5.6 – Driving Safely 5.7 – Lone Working 5.8 – Hand Arm Vibration 5.14 – Working at height 5.15 – Confined Spaces 5.18 – Display Screen Equipment 5.19 – Promotion of Mental Health and Wellbeing (Stress Prevention) 5.20 – Musculoskeletal Disorder Management 5.21 – Asbestos Management 5.22 – Blood Borne Viruses 7.10 – Ladders and Stepladders 7.15 – Noise 7.16 – Office Safety 7.20 – Dealing with work related violence 7.27 – Toolbox Talks Explained This list is in no way exhaustive and all the documents are living documents. If there is an improvement that could be made to procedures then contact the Health and Safety department to discuss. Page 81
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 68 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX C. MORAY COUNCIL HEALTH AND SAFETY POLICY Health and Safety Policy Statement INTRODUCTION The Council operates a health & safety management system based on a widely accepted model for ensuring we achieve the desired outcomes from our operations safely. The main elements of the system are categorised as PLANNING, DOING, CHECKING and ACTING. PLAN A critical part of the planning process is the Health & Safety Policy Statement which is contained on the following page. This is what clearly defines the intention of the organisation as regards keeping staff, sen/ice users contractors and the public healthy and safe. The other main part of planning is formalising how the policy outcomes will be achieved in practice. What needs to be done to eliminate or control the risks we face, who will carry out the required actions, how the system will be resourced, w hat competencies are required and how the system will be assured as adequate all need to be set down. DO This is the part of the system that ensures that all risks are being dealt with in a sensible and proportionate manner. It consists mainly of the risk assessment procedures but also deals with implementation issues like prioritisation, communication, preventive and protective measures, procurement of goods and services and maintenance. CHECK This part of the system involves us monitoring the system in different ways to keep a close watch on indicators which tell us about the efficacy of the risk control efforts. The main indicators are active ones, such as formal checks that the risk control measures are being followed and reactive ones such as proper investigation after system failures (ie : accidents) to gain an understanding of the causes. ACT In all the aforementioned monitoring exercises, learning and system improvement is the fundamental purpose. A regular review of performance on a broad range of measures is required. Taking note of what is going on in other organisations is also critical to accelerating the learning process. A constant loop through the PLAN, DO, CHECK, ACT cycle ensures that the system remains effective, and that people feel engaged in system improvement action. SAFER TOGETHER: EXPECTATIONS Page 82
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 69 OF 75 ISSUE A REV 01.9 MARCH 2026 We are a diverse organisation, facing many and varied risks; but we commit to identify them, assess them and then eliminate or control them so that no one suffers injury, ill health or harm and losses are minimised. We will strive to ensure the health and safety of our clients and service users in the delivery of our services. We will make sure everyone knows of the part they play in keeping themselves and others safe and healthy. We will provide and maintain safe and healthy systems of work, working condit ions and work equipment. We will ensure employees receive adequate training to ensure employees are competent to do their work We will engage and involve employees and their representatives in actions to stop accidents and prevent any life limiting health effects. TO MEET THESE EXPECTATIONS • A good quality risk assessment will be available for all jobs, activities, projects & plans. • Everyone will be clear of the part they play in controlling risks • Ways to eliminate or control the risks will be clearly defined. • A sensible and proportionate approach will be taken to the management of risk. • Everyone will have opportunities to enable their active participation in the health & safety systems in operation • Quick means of communicating problems or concerns will be available TO MAKE SURE THE CONTROL OF RISK IS SUSTAINED • Safety check systems will be provided for workforce & managers to use. • Any deviations from the desired safe state will be analysed and corrections made. • Higher risk activities will be subject to regular audit and inspection. • Information on monitoring results and improvement actions will be provided through appropriate forums. • Systems will be in place to ensure that action is taken promptly to address any defects found Page 83
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 70 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX D. HARBOURS ENVIRONMENTAL POLICY GENERAL POLICY Moray Council harbours team are committed to protecting the environment and will conduct all operations in a responsible manner in compliance with the applicable environmental laws and regulations. Moray Council Harbours recognise their environmental responsibility and will work proactively at all times to minimise environmental impact and prevent pollution and the effects that its activities can have on the environment. Scottish National Heritage has designated areas of the Moray Firth as a Special Area of Conservation (SAC) due to the population of dolphins and porpoises within and some other areas are classed as a Special Protection Area (SPA) due to the number of birds with European importance. OBJECTIVES ▪ Continual improvements of our environmental habitat ▪ Foster environmental awareness and responsibility in employees, contractors, suppliers and other harbour users. ▪ Train employees appropriately to raise awareness of environmental issues and utilise their support in improving the performance of the team. ▪ Manage waste to minimise the impact on landfill sites and encourage all vessels to do the same ▪ Consult with the local community and community groups and organisations on their programmes to ensure environmental considerations are in place ▪ Audit and monitor the management of environmental issues to identify opportunities for improvement ▪ Maintain procedures and methods which aim to reduce the risk of accidental spills, emissions and discharges ▪ Maintain emergency response procedures and methods for environmental protection Moray Council Harbours team recognise that to achieve the goal of operating environmentally sound involves all employees and harbour users working together. We all have the responsibility both morally and legally to conduct activities with the protection of the environment as a priority. Page 84
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 71 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX E. DRONE POLICY The operation of flying drones at the port of Buckie must only be done in compliance with the Civil Aviation Authority (CAA website ) requirements and the Dronecode which sets out the regulations in brief. This code confirms that drones with cameras must not be flown within a specified distance of people, vessels or structures and cannot be flown over congested areas. In addition, Buckie Harbour must also be contacted and informed in advance of any activity involving drone flying. Drone activity on a commercial basis requires the operator to be licensed by the CAA, Buckie Harbour must be provided with prior confirmation and evidence that a licence is held, liability insurance is in place and a risk assessment has been carried out. Page 85
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 72 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX F. EMERGENCY PHONE NUMBERS Emergency Contact Details Doctors Surgery (Ardach Health Centre) 0345 099 7200 Seafield Hospital 01542 832081 Dentist (8 to 8) 01542 833087 Dentist Emergency 0845 4565990 Police Scotland Emergency – 999 Non-Emergency - 101 Any Emergency 999 Coastguard (Aberdeen) 01224 592334 Page 86
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 73 OF 75 ISSUE A REV 01.9 MARCH 2026 APPENDIX G. HANDLING OF DANGEROUS GOODS Page 87
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MORAY HARBOURS SAFETY MANAGEMENT SYSTEM PAGE 74 OF 75 ISSUE A REV 01.9 MARCH 2026 Appendix H Competency Assessment Competency Standard Complete d (date) Assessor Signature Acquire the relevant factual information regarding the vessel, including defects and if the vessel has been to Buckie before. Consult charts, tidal and hydrographic information and weather forecasts. Know how these will affect your duties Clarify any other factors which may affect the passage or berthing such as other vessel movements within the harbour. Prepare the Port Passage Plan using the pre-arrival documentation and anything else it is felt should be obtained Monitor the data that helped form the plan and amend as required Recognise and act upon changed circumstances (i.e. weather or emergencies) Provide satisfactory descriptions/definitions for numerous nautical terms related to pilotage duties (i.e. Hydrodynamics) and Harbour specific terms (i.e. coastal topographical features) How to assess the levels of stress and fatigue and the potential impact of stress and fatigue on individual capability Safely embark and disembark the vessel Assess the standards on the vessel Work and communicate effectively with the bridge team Maintain effective communication with the port Ensure safe movement in harbour and approaches Respond to problems and emergency situations Page 88
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Appendix 2 Moray Council Harbours Enforcement Policy Moray Harbours are operated in compliance with the Port Marine Safety Code (section 6.25) and harbour legislation. Byelaws and directions have been adopted to manage the identified marine safety and conservancy risks. These are backed by an appropriate policy on enforcement and a clear policy on prosecution. Any enforcement action taken should be proportionate to the risks posed by the breach of legislation, byelaws or regulation and the seriousness of the offence. This document sets out the Moray Council harbours policy with regard to enforcement and prosecution. This policy is approved by the Duty Holder. The Harbour Master is appointed to manage and enforce the marine safety risk and conservancy of the harbours. Risk assessments and operational procedures have been developed to ensure a safe methodology all vessels and masters must follow when operating within harbour limits or their approaches. If a vessel or master does not comply with a direction or regulation of the harbour, they may be subject to prosecution and enforcement action to the limits defined by the harbour regulations. Non-compliance with a Special Direction will immediately proceed to enforcement action following investigation by the Harbour Master and approval of the Duty Holder. Non-conformity with directions, regulations and conservancy matters following an investigation by the Harbour Master, will normally be enforced by a verbal warning and then a written warning, prior to initiating formal enforcement action following approval of the Duty Holder. These consecutive steps need not be followed if it is deemed appropriate. The Duty Holder must be kept informed of the issuing of verbal and written warnings. Verbal warnings and Special Directions issued verbally must be logged in the Harbour log. Enforcement action will be approved by the Duty Holder following a review of the investigation. Both the investigation and the review will be confidential to the Harbour and not subject to public scrutiny. Offences could include, but are not restricted to: • Navigating in an unsafe manner • Operating under the influence of drink or drugs • Causing pollution • Berthing or storing vehicles, equipment, goods, or trailers on the quayside without permission • Inadequate mooring arrangements Page 91
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Sanctions available include prosecution and fines, the recovery of costs, the withdrawal of harbour services, the restriction of access to vessels, or individuals, to harbours and the removal of vessels, vehicles, equipment, goods and trailers from harbours. Enforcement action up to and including recovery of costs and the withdrawal of harbour services is carried out within existing delegated powers under the management arrangements agree by the Head of Operations & Environment with the Service Manager – Harbours. Enforcement action which could lead to prosecution and fines will be instigated following approval of the Duty Holder in conjunction with the Legal Services team by reporting the offence to the Police, MCA, MAIB or HSE (as appropriate) to enable preparation of cases to the Procurator Fiscal. Page 92
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Moray Council Harbours Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services for Moray Council Harbours Version 1.0 Date: March 2026 Appendix 3 Page 93
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 2 Executive Summary Following the issue of the 2025 Port & Marine Facilities Safety Code (PMSC) the Moray Council Harbours Managers conducted a Formal Safety Assessment (FSA), in conjunction with the Harbour Master, to determine whether Vessel Traffic Services (VTS) was a requirement for Moray Council Harbours. The assessment was completed with reference to and in compliance with all relevant statutory requirements and industry guidance, including the latest Marine Guidance Note (MGN) 401 and the Port & Marine Facilities Safety Code (PMSC), which mandates that Statutory Harbour Authorities (SHAs) assess the need for VTS or the appropriate level of Local Port Service (LPS). Moray Council Harbours jurisdiction covers six harbours; Burghead, Buckie, Cullen, Hopeman, Findochty, and Portknockie. Buckie is the main commercial harbour supporting various marine activities including short sea tramp trade handling small coasters up to 90m in length (handling dry bulk cargos), the CTV Offshore Wind base for Ocean Winds, a small fishing fleet, marine boatyard (MacDuff) and the Buckie RNLI lifeboat. The remaining harbours are small ex fishing ports that support recreational activities, with the exception of Burghead that supports a number of local fishing vessels up to 10m in length. Engagement was sought with a wide range of key stakeholders and feedback, through user group meetings, and did not identify any critical issues or concerns regarding Moray Councils Harbours operation of its LPS or its management of navigational safety. Mariners generally view the harbour navigation as a ‘safe area’. Traffic data was collected for the period January 2023 to January 2026 and vessel density analysis confirmed that leisure traffic significantly outweighed all other vessel categories within the Statutory Harbour Area (SHA) and its approaches. The traffic analysis also showed a decline in commercial shipping movements from on average 52 ships per annum dropping to as little as 12 on current shipping pattern. Incident analysis covering the period January 2023 to January 2026 identified a low level of navigational safety incidents relative to the volume and frequency of operations, with key incident causes being human error and adverse weather. The FSA assessed undesirable navigational scenarios using defined likelihood and impact categories. Based on the assumption of a working LPS, the assessment found that the general risk profile for the safety of navigation at Moray Council Harbour to be low. The FSA finds that there is no requirement for a VTS at Moray Council Harbour. The LPS facilities and procedures which exist are considered to be appropriate and fit for purpose, with some minor improvements across the smaller recreational harbours, in order to ensure the safe and efficient management of navigation within the harbour limits and its approaches. Page 94
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 3 1. Acronyms & Definitions Acronym or Term Definition or Description ACoP Approved Code of Practice AIS Automatic Identification System AtoN Aid to Navigation CCTV Closed Circuit Television CERS3 Consolidated European Reporting System, Version 3 DfT Department for Transport DH Duty Holder DP Designated Person EIA Environmental Impact Assessment EMODnet European Marine Observation and Data Network FSA Formal Safety Assessment GLA General Lighthouse Authority GT Gross Tonnes GTGP A Guide to Good Practice on Port & Marine Facilities (April 2025) HEO Harbour Empowerment Order HGV Heavy Goods Vehicle HRO Harbour Revision Order HSQE Health, Safety, Quality & Environment IALA International Association of Marine Aids to Navigation and Lighthouse Authorities IMDG Code International Maritime Dangerous Goods Code IMO International Maritime Organisation ISPS Code International Ship & Port Facility Security Code LGV Light Goods Vehicle LLA Local Lighthouse Authority LPS Local Port Service MAIB Marine Accident Investigation Branch MCA Maritime & Coastguard Agency MC Moray Council MGN Marine Guidance Note MOU Memorandum of Understanding MSMS Marine Safety Management System MV Motor Vessel NOC National Oceanography Centre NRA Navigational Risk Assessment NtM Notice to Mariners NTSLF National Tidal and Sea Level Facility OPRC International Convention on Oil Pollution Preparedness, Response and Co- operation OSCP Oil Spill Contingency Plan PEC Pilotage Exemption Certificates PEP / ERP Port Emergency Plan / Emergency Response Plan PFSP Port Facility Security Plan Page 95
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 4 Acronym or Term Definition or Description PMSC / The Code Port & Marine Facilities Safety Code (April 2025) PWMP Port Waste Management Plan RA Risk Assessment RNLI Royal National Lifeboat Institution SEPA Scottish Environment Protection Agency SHA Statutory Harbour Authority or Statutory Harbour Area SIRA Simplified IALA Risk Assessment Method SMS Safety Management System SOLAS The International Convention for the Safety of Life at Sea UHF Ultra High Frequency (Radio) UKHO UK Hydrographic Office VHF Very High Frequency (Radio) VTMS Vessel Traffic Management System VTS Vessel Traffic Service Page 96
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 5 2. Introduction to Formal Safety Assessment (FSA) 2.1 Legislative and Regulatory Background Section 52 of the Harbours, Docks and Piers Clauses Act 18471 provides for the Powers of harbour, dock, or pier master and states that the harbour master may give directions relating to vessel traffic management within the prescribed limits of the harbour. Section 40A of the Harbours Act 19642 provides that a Statutory Harbour Authority (SHA) has powers and duties within its port limits and may give directions in respect of the movement, mooring and unmooring of ships within the harbour limits or entering or leaving the harbour, this being subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847. The International Convention for the Safety of Life at Sea (SOLAS) Chapter V Regulation 12 (Vessel Traffic Services) requires Contracting Governments to arrange for the establishment of Vessel Traffic Services (VTS) where, in their opinion, the volume of traffic or the degree of risk justifies such service. It further requires that Contracting Governments planning and implementing VTS shall, wherever possible, follow the guidelines developed by the International Maritime Organisation (IMO). Adopted in 2021, one of the general principles of the IMO Resolution A.1158(32)3 relating to Guidelines for Vessel Traffic Services is that the need for VTS should be assessed and reviewed through risk assessment. These guidelines also highlight that International Association of Marine Aids to Navigation and Lighthouse Authorities (IALA) publishes standards and associated recommendations, guidelines and model courses specifically related to the establishment and operation of VTS to contribute to achieving worldwide harmonization of VTS and advise that Contracting Governments are encouraged to take into account IALA standards and associated recommendations, guidelines and model courses. The latest revision of the IMO ‘Revised Guidelines for Formal Safety Assessment (FSA) for Use in The IMO Rule-Making Process’4 (IMO FSA Guidelines) states that FSA is a structured and systematic methodology, aimed at enhancing maritime safety, including protection of life, health, the marine environment and property, by using risk analysis and cost-benefit assessment. The guidelines further advise that FSA can be used as a tool to help in the evaluation of new regulations for maritime safety and protection of the marine environment or in making a comparison between existing and possibly improved regulations, with a view to achieving a balance between the various technical and operational issues, including the human element, and between maritime safety or protection of the marine environment and costs. The Ports & Marine Facilities Safety Code5 (PMSC), April 2025, sets out a national standard for every aspect of port and marine facility safety. Its aim is to enhance safety for everyone who works in, or uses, ports, harbours, marinas and other marine facilities. The PMSC includes references to the statutory responsibilities some organisations have for marine safety. In terms of safe and efficient marine operations the PMSC requires that, under local and national legislation, an SHA has powers and duties to manage vessel traffic within their limits. In the context of vessel traffic management 1 Harbours, Docks and Piers Clauses Act 1847 2 Harbours Act 1964 3 Resolution A.1158(32) Adopted on 15 December 2021 (Agenda item 12) Guidelines for Vessel Traffic Services 4 Revised Guidelines for Formal Safety Assessment (FSA) for Use in The IMO Rule-Making Process 5 Ports & Marine Facilities Safety Code Page 97
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 6 there is a requirement to assess if VTS should be established in the interests of marine safety, and if not, what level of Local Port Service (LPS) is required. This must be completed with reference to MGN 401 and the PMSC further states that the assessment of vessel traffic management is determined by means of a formal risk assessment into the safety of navigation. Marine Guidance Note (MGN) 401 (M+F) Amendment 36 ‘Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the UK’ provides the relevant guidance to assist SHAs in considering the implementation of a VTS or LPS in the UK. The MGN encourages Contracting Governments to take into account IALA standards and associated recommendations, guidelines and model courses. The MGN also includes the following key points: • It defines the UK’s interpretation of VTS; • Provides guidance for determining the need to establish a VTS; • Defines the responsibilities of those authorities concerned with providing VTS and LPS in the UK; and • It complements the PMSC and the Guide to Good Practice (GTGP) on the management of safety in ports. The MGN further states that a SHA is responsible for assessing the need for VTS or the need for LPS, within its own port limits in accordance with the Port Marine Safety Code (PMSC) following the advice provided in this guidance and also in IALA Guidelines and Recommendations. The SHA should establish the need for a VTS or provision of a LPS by means of a formal risk assessment into the safety of navigation, as required by the PMSC and taking into account the standards established by the Competent Authority for VTS. IALA has developed an international document structure consisting of standards, recommendations, guidelines and model courses. Its VTS Manual7 is intended to provide guidance on and complement all IALA documentation relating to VTS. IALA Guideline G1150 Establishing, Planning and Implementing a VTS8 sets out the five project management phases and the key areas for consideration as they relate to VTS and provides guidance on the processes for establishing the need for a VTS with particular reference to formal risk assessment processes. The goal of the first phase, ‘Initiating’, is to determine the need for a VTS at a broad level, including use of the process of formal risk assessment for which IALA offers risk assessment tools. This approach is aimed at determining whether a VTS is an appropriate risk control option to enhance the safety of shipping, maritime users, members of the public and the protection of the marine environment. Demonstration of compliance with IALA and national guidance should reduce a port’s exposure and liability to claims in the event of an incident. IALA Guidance G1142 Provision of a Local Port Service other than a VTS9 provides guidance to assist entities operating a LPS to enhance efficiency and safety in a globally harmonized manner. 6 Marine Guidance Note (MGN) 401 (M+F) Amendment 3 ‘Navigation: Vessel Traffic Services (VTS) and Local Port Services (LPS) in the UK 7 VTS Manual, Edition 8.5, June 2025 8 G1150 Establishing, Planning and Implementing a VTS 9 G1142 Provision of a Local Port Service other than a VTS Page 98
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 7 IALA Guideline G1018 Risk Management10 provides guidance to Local Lighthouse Authorities (LLA) in applying risk management to their activities. It makes reference to the use of FSA as recommended by the IMO for use by maritime authorities and links FSA to relevant IALA guidelines. IALA Guideline G1138 The Use of the Simplified IALA Risk Assessment Method (SIRA)11 provides guidance on this structured process which identifies navigational hazards, and undesirable scenarios in an area of interest. The SIRA tool follows the IMO FSA methodology and it is intended that a SIRA assessment is based on available data and information, together with expert opinion elicited from maritime stakeholders. 2.2 Scope of Work Moray Council has undertaken a Formal Safety Assessment (FSA) to establish whether or not there is a requirement for Vessel Traffic Services (VTS) at the following harbours; Buckie, Cullen, Findochtry, Burghead, Portknockie, Hopeman. The FSA will, as appropriate, provide any additional commentary as regards the content of a VTS or an LPS, but as an informational approach to allow Moray Council to make informed decisions about the future management of navigation at Moray Council harbours. 2.3 Methodology In consideration of all of the relevant legislative, regulatory and industry requirements and guidelines, a methodology based on the principles of the SIRA model has been adopted as the basis for conducting this FSA. The SIRA model allows the assessment of maritime and navigation risk such that Moray Council can meet their obligations for the safe management of navigation. SIRA provides a means of conducting an assessment of risk and ensuring the results are appropriately considered and recorded for future reference. It is intended that a SIRA assessment is based on available data and information, together with expert opinion elicited from maritime stakeholders. The SIRA process does not include cost benefit appraisal of the identified risk control options. However, if VTS is identified as a requirement, an assessment of costs will be conducted and discussed. The SIRA model follows the IMO FSA process as shown in Figure 1. 10 G1018 Risk Management 11 G1138 The Use of the Simplified IALA Risk Assessment Method (SIRA) Page 99
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 8 Figure 1. IMO FSA process. The methodology used for this assessment, adapted from the FSA process and based on the principles of SIRA, will involve the key stages as described in Figure 2. Figure 2. Moray Harbours Port FSA Key Stages. Define and describe the assessment area(s) Establish the port baseline condition Consult with relevant stakeholders Collect relevant data Identify undesirable scenarios Assess the likelihood and impact of undesirable scenarios Considering the requirement for a VTS or LPS Produce a comprehensive report Communicate conclusions and recommendations as appropriate Page 100
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 9 3. Harbour Port Baseline Condition 3.1 Harbour Limits & Approaches The limits of the port within which Moray Council shall exercise jurisdiction as the harbour authority and within which the powers of the harbour master shall be exercisable are defined in The Grampian Harbour Confirmation Order 1987. The limits can be visually represented as shown in Figure 3 and this indicates the positions of local geographical points and the proximity of adjacent statutory harbour area to the east, located at: Buckie Harbour Burghead Harbour Page 101
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 10 Cullen Harbour Findochty Harbour Page 102
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 11 Hopeman Harbour Portknockie Harbour Figure 3-8. Moray Council Harbours Statutory Harbour Area in relation to the surrounding area This FSA will be based upon an assessment of vessel traffic and activity operating within the Moray Council harbour limits and its approaches. Page 103
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 12 The Confirmation Orders, dated 1987, allows Moray Council Harbour to undertake the following activities; • Local Notices to Mariners (NtM); • Navigation Aids (AtoN); • Allocate harbour Berths; • Pilotage Within Port Limits and Approach Channel; • Navigation Restrictions in Approach Channel; • Vessels Carrying (IMDG) Dangerous Goods; • Recreational and Fishing Vessels within Port Limits and Approach Channel; • Vessel Defect Reporting; • Operation of Bow Thrusters and Propellors; • Bunkering Protocol; • Accident /Incident Reporting; • Commercial Diving Operations; • Powers to Board a Vessel; • Towage Operations; • Dredging Guidance; • Hydrographic Guidance; • Arrival Reporting – CERS3 Requirements; and • Appendices including: o Navigation Aids within harbour Limits; o Summary of Agreements; o Bunkering Checklists; o Marine Incident Report Form; and o Towage Checklist. The Harbour Master has powers to issue special directions which may be issued by the harbour master. 3.2 Facilities & Services The facilities with the jurisdiction of Moray Council Harbours include: Buckie Harbour Buckie harbour has four basins. Basin one handles small coasters up to 90m in length overall and supports berthing for larger drafted fishing vessels. Basin two supports the Offshore CTV operation for OceanWind. Basin three provides berthing for small fishing/workboat vessels and also berthing for the Buckie RNLI vessel and the MacDuff Shipyard slipway. The access channel to Buckie is maintained at a contracted depth of -3.0m CD for Ocean Winds. Burghead Harbour Burghead harbour occupies a sheltered position and consists of a single basin. The harbour has become the operational base for a growing number of inshore vessels engaged mainly in the shellfish and squid industry. A quay wall of 196 metres is allocated to pleasure craft, with the remaining 216 metres for commercial vessels. Page 104
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 13 Cullen Harbour Cullen harbour features two basins, with only the larger inner basin used for mooring. Approximately 25 pleasure and part-time fishing boats are moored here. Fresh water supplies are available, and those wanting to visit should contact the Harbour Master in advance as the harbour dries out completely at low tide. Findochty Harbour Findochty harbour has two basins. Over 100 pontoon berths are available to accommodate the demand from a wide range of pleasure and fishing boats which mainly consist of creel boards and long- liners catching mackerel. Hopeman Harbour Hopeman harbour was originally built for the export of sandstone quarried nearby, but as that declined the local fishing industry used the harbour. It consists of two basins but only the inner basin is used for mooring. There are 51 berths on the pontoons, for 6 and 8 metre boats, which are predominantly leisure craft. A quay wall of 288 metres is allocated for pleasure boats. Portknockie Harbour Portknockie manages a number of crab and lobster fishing boats, although it is mainly used by leisure craft. Currently two pontoons in the inner basin provide berthing for up to 50 boats. Visiting craft are welcome and the harbour is accessible to small boats at all states of tide. There is also still an open-air swimming pool located at the south west corner of the harbour. Moray Council currently operates a full time LPS for Buckie Harbour, as the main commercial harbour, and provide remote support to the five other locations via personnel based at Buckie Harbour. The LPS duty watchman provides information to mariners and the general public on harbour safety issues within the harbour limits and its approaches. Moray Council provides non-compulsory pilotage are under the Pilotage Act 1987 (CHA), as defined in the 1987 Act. Pilotage is only offered at Buckie due to the layout and constraints of the other harbours, The Navigational Risk Assessments and Harbour Safety Management System outlines no pilotage is offered at Burghead, Cullen, Findochty, Hopeman and Portknockie, but users can seek advice from the Harbour Master. Vessels are limited at these ports to 15m length overall without express permission from the Harbour Master. Pilotage is managed by the harbours team. The Buckie pilots are self employed (contracted by Moray Council) to deliver pilotage on behalf of the CHA. Page 105
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 14 3.3 Conservancy At Moray Council Harbours there are a number of Aids to Navigations. These are shown in Error! Reference source not found. and can be described as: (i) Buckie • Qk Fl R 5 sec, 5m 7M Marking West Muck rocks • Iso WG 2 sec 20 m 16/12M White light, in line with the North Pier light provides clearing line 125º/305º, west of The Mucks; • Green sector marks the rocks to the west of the Entrance; ▪ Occ R 10s 15m 15M North Pier (ii) Burghead • Occ 8 sec 7m 5M - South-western corner of the North Pier • Qk Fl R 3m 5M - Extremity of the North Pier and channel • Qk Fl G 3m 5M - Extremity of South Pier and channel • Fl G 5 sec 2m 1M - Southern extremity of groyne, east side of the channel (iii) Hopeman • Occ G 4s 8m 4M - North-west corner of the West Pier • FR 3 & 4m - Leading lights marking the entrance channel 081º. (iv) Findochty • Unlit beacon on the north-west corner of the West Pier. • Fixed red leading lights marking the approach channel. (v) Portknockie • Flashing green leading lights marking the approach channel. (vi) Cullen • Unlit beacon on the south-west corner of the North Pier. • Flashing green light marking the entrance channel. These lights are inspected on a monthly basis by the Buckie Harbours team and there is a system in place to monitor and report and defects and AtoN performance. Moray Council undertakes bathymetric surveys on a periodic basis, and interim lead line surveys utilising the Buckie Pilot vessel. As necessary, for example as a result of identifying a reduction in navigable depths or other differences between current charts and the latest survey, local notices to mariners will be raised until such time as maintenance dredging can be undertaken to maintain the area. Bathymetric survey data is also passed to the UK Hydrographic Office (UKHO) to maintain charts up to date. Page 106
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 15 3.4 Environmental Conditions and Hazards Mory Council Harbours provides a natural shelter from the prevailing conditions in the North Sea and Moray Firth Figure 4 shows the wind conditions at the entrance to the harbours indicating general wind direction to range between south, south west through to west and South, South East. Conditions within the harbours are relatively sheltered from south westerly winds. Buckie Harbour Burghead Harbour Cullen Harbour It was noted over the past 12months more significant east winds have been prominent and cause concern to shift sand banks close the harbours. Figure 4. Wind Rose data across Moray Council Harbours.(Data Explorer. 2018. ABPmer. 25 November 2025, www.seatates.net) Figure 5 shows the significant wave height and direction at the entrance across the Moray Firth to be predominantly from the North East. The approaches to all Moray Council Harbours are exposed in significant periods of wave formation from the north or east. The predominance of north easterly wave direction and height is due to the lack of natural shelter from this direction and conditions within the channel are exacerbated due to shallowing water and funnelling effect of the local geography. Buckie Harbour Burghead Harbour Cullen Harbour Figure 5. Wave Rose at the Moray Firth. (Data Explorer. 2018. ABPmer. 25 November 2025, www.seatates.net) Page 107
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 16 Buckie Harbour provides a local tide prediction modelling link via internal tidal data available to the duty watchman. This information can be promulgated to users on request. In addition, the Scottish Environment Protection Agency (SEPA) maintain a tide gauge at Buckie and Cullen harbour. Error! Reference source not found. shows a standard harmonic wave demonstrating the tidal curve at Buckie. The nominal tidal range, extracted from the SEPA tidal data, for Buckie is - 2.072m to 2.73m Buckie Harbour provide live environmental data at the harbour office, with information collected via the sensors located in the harbour. The live information includes: • Average wind speed; • Wind direction; • Max wind gust; • Tide height; There is no environmental data available for Burghead, Cullen, Hopeman, Findochty and Portknockie. Page 108
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 17 3.5 Harbour Management & Equipment At present, Buckie Harbour operates a Local Port Service (LPS) which provides information to Mariners and the general public on harbour safety issues within the harbour limits and its approaches, including: • Navigational and safety guidelines; • Local notice to mariners (NtM); • Local environmental and climate conditions; • Vessel movements; • Initiation of any port emergency protocols; • Transit of dangerous goods; • Aids to navigation; and • Local bathymetric chart information. The LPS is manned on a full time buy a duty watchman, and on the harbour mobile number, which is promulgated to all users and manned 24/7 and identified as the key contact point. There is no promulgation of information to the recreational harbours except via local notice boards and limited information on the council website. The LPS Officer should not provide clearance to enter or depart harbour limits and its approaches and the decision to enter or leave harbour limits and its approaches lies with the Master alone. No Local Port Services (LPS) training has been undertaken by any of the harbours personnel. However, it was clear through discussions that the port operatives were not aware of the full scope of the LPS role and function and did not systematically undertake some of the aspects required of this role. The port radio is set to listen to Ch12 (Harbour channel). The Duty Watchman and Harbour Master are all VHF Short Range trained. The Assistant Harbour Master hold a GMDSS CoC. The primary method of communication for this information is through the website at www.moray.gov.uk and is support by the use of VHF radio and mobile telephone communication systems. The port website includes publicly available navigational safety and associated information which is maintained regularly and includes: • Local port contact details by geographical location, telephone, radio and email; • Limited Leisure guidelines; The vessel arrival procedure states the harbour office shall provide the following information; • Any reported vessel movements; • Known, but unreported, vessel movements i.e. yachts, fishing vessels entering port limits and approach channel; • Berth occupancy; • Any AtoN deficiencies; • Wind speed/direction (except for vessels fitted with remote tidal and wind sensors); • Tidal height (except for vessels fitted with remote tidal and wind sensors); • Restricted visibility and adverse weather; and • Any other relevant information. Page 109
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 18 The Buckie LPS utilises the following equipment in delivery of its functions: 1. Automatic Identification System (AIS) traffic display located in the harbour office which is linked to publicly available sources; 2. A CCTV system which has a wide coverage of the port facility and the marine area, has viewing capability in the harbour office and has a recording capability for up to 30 days, noting that: 3. VHF radio communications with a listening watch on Chl 12 and 16. Page 110
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 19 Figure 6. Examples of equipment displays within the Duty Manager’s office. 3.6 Navigational Risk Assessment (NRA) Moray Council Harbours formally assesses risks and carries out reviews as described in the Harbour Safety Management System (HSMS), holding a live Navigational Risk Assessment which is managed by the Harbour Master. Responsibility for the maintenance of up-to-date risk assessments is the responsibility of the Harbour Master, who ensures that all necessary competent staff and stakeholders are involved at all stages of assessment and review. 3.7 Contingency Planning and Emergency Response Within its Harbour Safety Management System (HSMS), includes the following contingency and emergency response documents: • Moray Council Harbours Oil Spill Contingency Plan • Moray Council Harbours Port Emergency Plan These contingency and emergency plans, in conjunction with other parts of the Moray Council HSMS, detail how harbour staff will respond to any marine emergency event. 3.8 Harbour Safety Management System Moray Council manage Harbour safety engagement via the following channels; 1. Harbour/Port User Groups 2. DFT ISPS Port Security Committee meeting 3. Regular stakeholder engagement with users 3.9 Future Development Currently the Buckie Master Plan is progressing through Council funding options, before final design is drafted/awarded. It should be noted that for any future development the Harbours team should ensure robust Navigational Risk Assessments are carried out to support ongoing operations but also development/construction undertakings as the navigational risk may increase depending on construction methodology. Page 111
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 20 4. Stakeholder Engagement 4.1 Stakeholder Identification The conduct of an appropriate FSA relies on expert opinion and views gathered from relevant and key stakeholders. The elicitation of expert opinion from maritime stakeholders also forms a key tenet of the SIRA model. Engagement was sought with all of the stakeholders identified and the responses received were generally productive, relevant and useful. 1. Moray Council Harbour Master 2. North West Stevedoring Ltd 3. Buckie RNLO 4. Local Community Councils 5. MacDuff Shipyard 6. Harbour User Groups 4.2 Stakeholder Commentary & Findings Views which were positive, negative or neutral were sought from all relevant marine users who sail in the harbour limits or its approaches. In summary, the engagement with users identified two critical issues – dredging and lighting. Both areas are critical issues that require changes or improvements as to how Moray Council operates and communicates with vessels and how it manages the safety of navigation through the LPS. Without regular maintenance dredging of the harbours the harbour master and LPS Officer will be required to restrict movements in and out of the harbours using special directions. Engagement identified some areas where Moray could review and consider minor changes in protocols, but the majority of these are for the Harbours to review and do not imply that Moray Council is not delivering the requirements of its LPS nor managing navigational safety in compliance with legal requirements and its powers. Page 112
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 21 5. Accidents, Incidents & Near Misses Accident and incident data has extracted from the management system that holds all safety information. The data is available for the period 2022 to 2026. The raw data provided has been assessed and only those accidents and incidents deemed to have relevance to the safety of navigation have been included within this assessment and following tables. Table 1 provides the relevant accident and incident data by category recorded. Incident Category 2023 2024 2025* Total Grounding - 1 - 1 Swamping/sinking 1 1 Pollution, Tier 1 - 1 - 1 Mooring 1 1 1 3 Communication Failure 1 - 1 2 Person in the water 1 2 3 High Speed Activity 1 - 1 2 Total 5 5 3 13 Table 1. Incident Data from 2023 to 2026 specifically relevant to navigational safety – by Category. Table 2 provides the relevant accident and incident data by the primary cause recorded. Incident Category Total Adverse weather 3 Human error 3 Communication failure 4 Unknown 3 Total 12 Table 2. Incident Data from 2019 to 2026 specifically relevant to navigational safety – by Cause. Moray Harbours also records accidents and incidents under the following categories, although there have been no such accidents or incidents deemed to have relevance to the safety of navigation recorded under these categories during the data period assessed: • Collison; • Allisoin; • Vessel equipment failure; • Grounding; • Stranding; • Sinking and capsizing; • Weather; • Availability of berths; • Availability of anchorages; • Pilot logistics; • Port infrastructure delay; • Pollution Tier 2; and • Pollution Tier 3. Page 113
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 22 It is acknowledged that Moray Harbours has limited incidents and accidents, it would be encouraged to ensure regular reporting from all users if all near misses and incidents is reported to the Harbour office. Stakeholder engagement did not identify any specific incidents or clear trends in relation accidents and incidents at the Harbours, with most stakeholder feedback providing anecdotal evidence of issues. As such, the level of incidents relative to the size and frequency of operations is considered to be low in nature and those incidents identified as significant are subject to robust investigation by Moray Council Harbour and, where necessary, the Marine Accident Investigation Branch (MAIB). Page 114
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 23 6. Vessel Traffic 6.1 Commercial Traffic Buckie Vessel traffic data has been provided for Buckie Harbour, covering the period from January 2022 until December 2025. Over the last 12months there has been a significant reduction in commercial vessel movements for Buckie Harbour. Table 3 details the total number of recently recorded commercial port calls made at Buckie Harbour and the figures represent the total number of vessels arriving and departing the port. 25/26 Q1 25/26 Q2 25/26 Q3 Total 24 24 14 62 Table 3. Annual number of recorded port calls made at Buckie Pilotage Movements for Buckie 25/26 Q1 25/26 Q2 25/26 Q3 Total 12 17 4 33 Table 6. Annual number of pilotage movements at Buckie 6.2 Other Users Buckie Harbour and recreational harbours hand a small number of fishing vessels and recreational traffic. There is no data collected on number of movements for each location. The only available data movement data is available via 3rd party AIS data providers. 6.3 Vessel Density Maps The vessel heat map in Figure 7 provides an overview of traffic as extracted from publicly available AIS source Marine Traffic.12 The overview shows a high density of traffic which transits to and from the Buckie Harbours, with Burghead showing mid range density of traffic. Figure 7. Vessel Heat Map and key for all vessels. (Extract from www.marinetraffic.com) 12 Marine Traffic Page 115
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 24 The vessel density maps and data used for this assessment have been taken from the European Marine Observation and Data Network (EMODnet)13. The dataset is updated every year and this particular data set was collected over the period 2017 to 2023. The maps are based on AIS data and are extracted from a GeoTIFF format, show shipping density in 1x1 km cells of a grid covering all EU waters. Vessel density is expressed as hours per square kilometre per month. AIS is compulsory for ships of 300 GT and above on international voyages; for cargo ships of 500 GT and above not on international voyages; and for all passenger ships regardless of their size. For smaller vessels, such as recreational boats, AIS is voluntary and subject to variable compliance, resulting in incomplete spatial and temporal coverage. As such, the likely incidences and density of smaller vessels transiting the area will likely be higher than the following density maps indicate. Figure 8. Vessel Density The EMODnet vessel density maps show no or negligible vessel data in the target area in and around Harbours for the following vessel categories: • Military and Law Enforcement; • Tanker; • Service; • High Speed Craft; and • Unknown. 13 European Marine Observation and Data Network (EMODnet) Page 116
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 25 7. Formal Safety Assessment (FSA) 7.1 Undesirable Scenarios Table 4 details the undesirable scenarios identified with reference to the SIRA model. Undesirable Scenario Includes Grounding Grounding on rock, on soft bottom or on wrecks Collision Head-on, overtaking, bend, crossing or merging Contact / Allision Windfarms, oil rigs, wave and tidal energy structures, breakwaters, aquaculture sites, fixed port infrastructure and aids to navigation Foundering Capsizing and sinking Structural Failure Structural failure of a vessel or features external to a vessel Other Engine fire, cargo fire, pollution or cargo loss Table 4. SIRA undesirable scenarios Table 5 details the additional undesirable scenarios identified from a review of the NRA. Undesirable Scenario Includes Mooring breakout Vessel breaks away from a securely moored position, from a quay, pier or otherwise anchored position Loss of vessel control Vessel loses control for any reason including mechanical or equipment failure, loss of helm control or inability to control its movement Diving activities Any planned activities involving people or equipment diving below or on the water surface Table 5. NRA additional undesirable scenarios 7.2 Likelihood and Impact In conducting an assessment of likelihood and impact, in compliance with the SIRA model, the categorisation of likelihood and impact on navigation have been selected as in Table 6 and Table 7. Likelihood (LIK) Categorisation Description Very Frequent May occur once a week to 6 months Frequent May occur every 6 months to 1 year Occasional May occur every 1 to 5 years Rare May occur every 5 to 20 years Very Rare Will occur in exceptional circumstances and not more than once every 20 years Table 6. FSA Likelihood Categories. Impact (IMP) Categorisation Description Catastrophic Long term or permanent suspension of port operations Major Medium term restrictions to port operations, up to a few months Severe Temporary restrictions to port operations, up to a few days Minor Minor impact to safe navigation, up a few hours Insignificant Little or no impact on safe navigation Table 7. FSA Impact on Navigation Categories. Page 117
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 26 7.3 Risk Matrix and Scoring Table 8 provides the Risk Matrix and Table 9 provides the Risk Scoring Descriptions to be adopted in this FSA. Impact (IMP) Catastrophic Low Moderate High Very High Very High Major Low Moderate High High Very High Severe Low Low Moderate High High Minor Low Low Low Moderate Moderate Insignificant Low Low Low Low Low Very Rare Rare Occasional Frequent Very Frequent Likelihood (LIK) Table 8. FSA Risk Matrix. Very High Very high and unacceptable risk for which substantial and immediate improvements are necessary. Major funding may be required, and ports and waterways may suffer significant impact until such time as the risk has been reduced to an acceptable level. High High risk for which substantial and urgent efforts must be made to reduce it to ALARP levels within a defined period. Significant funding is likely to be required and services may be impacted or restricted until risk control options have been actioned. Moderate Moderate risk must be reduced to the ALARP level, through the implementation of additional risk control options that are likely to require additional funding. Low Low risk not requiring additional risk control options unless they can be implemented at low cost in terms of time, money and effort. Table 9. FSA Risk Scoring Description. 7.4 Assessment of Undesirable Scenarios This assessment of undesirable scenarios is undertaken in consideration of all the information and data collected by way of background and preparation of this FSA. The likelihood and impact are based upon the assumption of a working LPS at Moray Council Harbours providing the depth and range of local information as detailed within the HSMS, LPS procedures and as detailed within local navigational information currently in place, this being: • LPS coverage manned by competent staff (when required); • Survey programme in place (improved promulgation required) • AtoNs provided which are deemed as fit for purpose (improved promulgation required); • Local live and predicted data available for wind speed, direction and gusts; tide height; wave height and tidal flow rate; all available publicly on the website and separately to LPS staff; • AIS traffic display (marine traffic); • CCTV display with recording facility; and • VHF radio monitoring on Chl 12 and 16. Page 118
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 27 Undesirable Scenario Likelihood of an Incident Impact on Safety of Navigation Risk Rating Additional VTS Controls Necessary? Grounding Very Rare Severe Moderate No Collision Very Rare Major Low No Contact / Allision Occasional Severe Moderate No Foundering Very Rare Major Low No Structural Failure Rare Severe Low No Other Occasional Minor Low No Mooring breakout Occasional Minor Low No Loss of vessel control Occasional Minor Low No Diving activities Very Rare Severe Low No Table 10. Assessment of Undesirable Scenarios. 7.5 FSA Findings The assessment of undesirable scenarios provided for in Table 10, on which is predicated the existing Moray Council Harbour LPS function, shows that the general risk profile in terms of the safety of navigation at Harbours is generally Low. In the instance of the risk of contact or allision or grounding, which is assessed as being Moderate, it is the view of this assessment that implementing a VTS is not a justifiable additional mitigation which would reduce this risk – due to frequency. Other factors, such as on-board protocols detailing the management of navigation and the appropriate use of the information available from the LPS requiring review, may form part of the reasons for the frequency of contact or allision events. Individual incident investigation reports will undoubtedly detail the actions required following singular events, but Moray Council would be encouraged to review the trend relating to contact or allision events collectively in order to ascertain if any further steps might be possible to reduce the frequency of incidents. This finding is supported generally on the basis that: 1. The port mainly deals with recreational craft and currently attracts very little commercial vessel traffic; 2. There has been no negative feedback or significant concerns raised during the consultation with stakeholders; 3. The impacts of the majority of past incidents have been minor. The FSA finds that there is no requirement for a VTS at any of the Moray Council Harbours. The LPS facilities and procedures which exist (with some minor improvements) are considered to be appropriate and fit for purpose in order to ensure the safe and efficient management of navigation within harbour limits and its approaches, subject to the Harbour ensuring adherence to and compliance with its own procedures and to Moray Council giving due consideration to the additional recommendations made as part of this FSA report. Page 119
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 28 8. Conclusions & Recommendations 8.1 Conclusions In the context of vessel traffic management, the PMSC states that there is a requirement for Harbour Authorities to assess if VTS should be established in the interests of marine safety, and if not, what level of LPS is required. This assessment was carried out with reference to and in compliance with all relevant statutory and requirements and industry guidance in relation to Formal Safety Assessment (FSA). Having assessed the harbours baseline condition, engaged with a wide range of relevant stakeholders, analysed the recent history of navigational accidents and incidents and the marine traffic operating within the harbour limits and its approaches, reviewed previous navigational risk assessments and navigational agreements, the requirement for appropriate vessel traffic management functions at Moray Council Harbours has been analysed. The formal safety assessment finds that there is no requirement for a Vessel Traffic Service at Moray Council Harbours. The Local Port Service facilities and procedures which exist are considered to be appropriate and fit for purpose in order to ensure the safe and efficient management of navigation within the harbour limits and its approaches, subject to ensuring adherence to and compliance with documented procedures and to giving due consideration to the additional recommendations made as part of this report. 8.2 Recommendations The primary recommendation from this FSA is that Moray Council Harbour review the findings and agree a course of action in terms of the provision of a VTS that meets with these findings. The agreed approach should be fit for purpose for the operation. During the course of this FSA a number of points were noted and are recorded in Table 11 below. Each of these should be considered by the Harbours function and a decision made as to whether and how to address the issue raised, if at all. Page 120
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Formal Safety Assessment to Establish the Requirement for Vessel Traffic Services Moray Council Harbours Moray Council Harbours – Formal Safety Assessment Page 29 Ref Title Description & Recommendation 1 Survey Programme Consider undertaking regular survey programme and promulgating findings on the harbours website 2 AtoNs Consider having an AtoN maintenance programme in place with a contractor to assess condition and undertake annual inspections. 3 AtoNs Consider reviewing AtoN provision on approach to Buckie and implementing additional AtoNs – including leading light. 4 Defect Systems Different systems should be formalised 5 Port weather reader unit Review condition and use of the weather unit within the harbour office. 6 Tide Gauge Review requirements for tide gauges at all harbours 7 NRA and SHA coverage Undertake full review of Navigational Risk Assessment documentation and process. 8 FSA for VTS Consider the need for ongoing or periodic review of FSA for VTS, as this need only be carried out if there has been/will be significant changes at the port. There is no absolute timescale for conducting a FSA or a review or update to it. 9 VHF Communications Review how VHF communications are handled to ensure effective messaging to other users for all harbours. This includes training provisions, etiquette and ensuring sets are tuned to listening watch on Chl 12 and 16. 10 Enforcement & Prosecution Policy The HSMS makes reference to an Enforcement Policy. Moray Council should review this policy to ensure it aligns with the powers and should consider publishing the policy statement for users. 11 Byelaws and General Directions Consider the review of Byelaws or General Directions, and separation from the Grampian Confirmation Order create Moray Council HEO. Byelaws have not been reviewed since 1990. 12 Harbour Master Ensure the Harbour Master, Assistants and Duty Watchman are trained to appropriate level of LPS provision. 13 Website Review current harbours website and promulgation of relevant navigational information – e.g. Notice to Mariners, survey data, harbour approach information. 14 Pilotage Review pilotage across all ports, including amendment to confirmation order to reflect pilotage is only offered at Buckie Harbour. Also review Pilot boarding area and non compulsory pilotage with a view to make pilotage compulsory for all vessels of a certain LOA/GRT. Table 11. FSA Recommendations. Page 121
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Report to: Harbours Sub Committee Meeting Date: 2 June 2026 Report by: Executive Director Economy, Enterprise and Operations Author: Cameron MacPhail Contact Email: cameron.macphail@moray.gov.uk Subject: Marine Safety and Operational Summary for Quarter 4 2025/26 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Harbour Sub Committee (HSC) on matters of Marine Safety and compliance with the Port Marine Safety Code (PMSC) for Quarter 4 2025/26. 1.2 This report is submitted to the Harbour Sub Committee in terms of Section III (F) (25) of the Council's Scheme of Administration relating to the functions of Council as Statutory Harbour Authority (SHA). 2. SUMMARY 2.1 The report sets out safety and key operational indicators for the harbours, a financial overview, reports against the Marine Safety Plan KPIs and the progress towards compliance with the Port and Marine Facilities Safety Code. 3. RECOMMENDATIONS 3.1 It is recommended that the Sub Committee: i) note the reported progress against the KPIs for the Marine Safety Plan 2025- 2028, fulfilling their function as Duty Holder under the Port Marine Safety Code (PMSC) (para 4.8 and 4.9) and ii) consider the contents of the report Cameron MacPhail Interim Service Manager Harbours Item 6. Page 123
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4. PORT & MARINE FACILITIES SAFETY CODE 4.1 Under the requirements of the Port & Marine Facilities Safety Code (PMFSC) the Council must appoint a Duty Holder to ensure that compliance with the PMFSC is achieved. The council must provide a report on PMFSC performance on an annual basis. 4.2 The role of Duty Holder is held by members of this HSC. The role provides accountability for ensuring the organisation’s compliance with the PMFSC and their organisation’s performance in ensuring safe marine operations. This report provides information on which to base assessment of compliance and safe operations. It should be noted that duty holders are required to be conversant with PMFSC and its content. Duty Holders should undergo training to discharge their duty. For those current committee members who require training or wish refresher training, they can undertake online webinar training hosted by the British Ports Association. Future training dates have been circulated to the members of the Harbour Sub-Committee that have yet to conduct this training and they have booked onto the courses. Dates of Duty Holder training are now recorded in the Marine Safety Management System, along with operational harbour visits conducted by Duty Holders. 4.3 The Harbour Authority appoints a suitably qualified person to act as the Designated Person (DP) – their function is to provide independent assurance that the Marine Safety Management System is working effectively and to audit compliance with the PMFSC. The DP role is now undertaken by ABPmer following a procurement exercise in 2025. 4.4 Following the audit by the Designated Person in April 2025, as previously reported, the harbours team have been working through a number of areas to make sure that full compliance is achieved. Following the delegation granted to the Head of Operations and Environment, in consultation with the Chair of the Harbours Sub-Committee at the last meeting, full compliance was declared to the MCA on 31 March 2026. 4.5 A glossary of marine terms used in this report is attached at Appendix 1. 4.6 The Marine Safety Plan Following approval of the Marine Safety Plan by this Sub-Committee on 22 October 2025 (para 4 of the minute refers), the agreed KPIs for the 2025-2028 period are shown in the table below with the latest results. The plan is based upon marine safety management requirements, conservancy requirements, compliance requirements, the financial situation, growth potential, harbours user and community consultation. 1. Full compliance with the Port Marine Safety Code. KPI indicator: No non compliances reported against the PMSC audit. Update April 2026 No non compliance against PMSC 2. Incident reporting improved. KPI indicator: Improved near miss reporting methodologies with better public access to reporting systems. Update April 2026 Significant improvement in reporting. New internal incident logging system in place to improve recording and investigations. Page 124
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Incidents investigated within 2 weeks of the date reported. Update April 2026 All incidents investigated within time limit. 3. Harbour infrastructure maintained to ensure all commercial contracts can be fulfilled. KPI indicator: No reported delays to commercial contracts due to infrastructure issues. Update April 2026 No reported issues AtoN availability in accordance with NLB reporting requirements Update April 2026 AtoN availability is currently at 100% for quarter. 3 year rolling NLB availability last reported an average across all sectors of 98.8% Commercial quayside lighting at 100% availability Update April 2026 100% availability Pilot boat availability at 95%. Update April 2026 100% availability Commercial quays and approaches dredged to declared depths for commercial customers. Update April 2026 100% availability 4. Harbour staff competent in their core roles. KPI indicator: Competence matrix measured at competent or awaiting assessment, for all staff with more than six months service. Update April 2026 100% for the quarter – training requirements for 26/27 submitted All Duty Holders completed training within 6 months of appointment Update April 2026 As previous reports 5. Traffic management reviews conducted for all harbours, to minimise risk between all types of harbour user. KPI indicator: Traffic management reviewed by March 2027. Update April 2026 In progress Actions from traffic management plans in place by March 2028. Update April 2026 In progress 6. Harbours Website updated. KPI indicator: New website to include all relevant compliance, navigational and conservancy information, including the MSP and reported progress against the plan. Update April 2026 In progress 7. Leisure berth occupancy maximised No unsold leisure berths Update April 2026 Zero unsold berths Page 125
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Waiting lists numbers above zero for all harbours Update April 2026 Waiting list in place 8. Harbour quayside space used to maximise, safety, community benefit and income at all harbours. One improvement or service provided following suggestions by the relevant Harbour User Groups, implemented at, Burghead, Hopeman, Findochty, Portknockie and Cullen Harbours by March 2027. Update April 2026 Alternative storage sites being sought to free up quayside space for initiative options 5. FINANCIAL REPORT 5.1 Year end financial information was not available at the time of finalising this report. An update will be provided at the next meeting of the Sub Committee 6. OPERATIONAL REPORT 6.1 Operational Report Incidents Reported 2024/25 Injuries Incidents Near Misses Q1 0 2 0 Q2 1 0 0 Q3 0 1 0 Q4 0 0 0 Total 1 3 0 2025/26 Q1 0 0 0 Q2 1 0 0 Q3 0 0 0 Q4 0 1 3 Total 1 1 3 6.2 Incident reporting and near miss reporting remains low but noted a significant improvement in reporting by users. Initiatives recently communicated to harbour users has seen one incident and three near misses reported. 6.3 One reported incident of a leisure vessel grounding while entering Cullen harbour, and three near misses including concerns raised for children playing on old, abandoned boats that, while not on harbour land, the harbours team tried to help given the concern that was raised. The MSP includes and monitors this initiative, reporting accordingly. Page 126
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6.4 Harbour Noticeboards have been updated to encourage users to report any incidents and near misses. The forthcoming harbours website development will also promote a positive safety and reporting culture. 6.5 Pilotage Pilotage is not compulsory at Buckie harbour, or any Moray Council Harbour, and therefore not all cargo movements require the services of a pilot. The number of pilotage acts carried out in the last 6 months is: Period Vessel movements Piloted vessel movements FY 25/26 Q1 24 12 FY 25/26 Q2 24 17 FY 25/26 Q3 14 4 FY 25/26 Q4 6 2 6.6 In order to increase resilience in pilotage the harbour management team a new trainee pilot has been engaged but due to lack of vessel movements limited pilot trips have been undertaken. Currently there is one authorised pilot (daytime only) and two trainee pilots. 6.7 The harbour workboat, which is also coded for pilot boat use, is fully operational. 6.8 Commercial shipping numbers remain low. Buckie harbour will handle three cruise vessels for season 2026 with the first having taken place on the 17 April 2026 and the next due on 24 May and 19 June. The export of timber from basin 1 will continue with 1 vessel having visited and another 2 planned for the near future. This may see an increase in pilotage activity. 6.9 Staffing, Training and Competence Harbours staff training requirements for 2026/2027 complete and issued. Key focus area is to support the current Harbour Master to achieve their Harbour Master certification and support the Selkie full time engineer to attain their Advanced Powerboat certification to support the ongoing manning on the Selkie. 6.10 Staffing of the work/pilot boat remains a challenge. The forthcoming training requirement for 26/27 includes staff training to mitigate this issue. A solution to improve the pool of staff available is being progressed in the same way as the pilot position. This is in accordance with the staff competency matrix which is now linked to National Occupational Standards for the sector. 6.11 A challenge remains retaining competence and experience agency staff for the regular Selkie operational requirements. 6.12 Watchman on Duty 24/7 request a review of working pattern. Amendment by the team was previously suggested but no formal outcome. Currently the watchmen operate continental shifts (8hrs) and request review of 12hr shifts. Page 127
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7. CONSERVANCY 7.1 Aids to Navigation The tables below summarise the availability of Navigational lights under Moray Council’s responsibility. All navigation lights across all harbours are either solar powered or run through the street lighting systems. There is a new sector light to be installed in Buckie to complete the changes which will be powered by mains power- cable to be installed. Figure 1. Availability during the last 12 months 7.2 The ‘Availability Objective’ is calculated over a rolling 36 month period. This means that over this period a Cat 1 Aid to Navigation needs to be functional for 99.8% of the time, Cat 2 Aids to Navigation 99%. 7.3 Now that all the navigation light faults have been rectified and the new solar lights have been installed, the required availability has now been achieved over the last 12 months, yet it will take some time for the 36 month average target availability to be attained. 7.4 Dredging MV Selkie has completed her 5 yearly MCA recertification – including in water and out water surveys by the MCA . The Selkie refloated off the slip at Buckie on 8 April. Works carried out during 5 yearly inspection included; • Engine shaft inspections and new shaft seals installed • Replacement life raft installed • Excavator underwent annual overhaul • LOLER inspections carried out • Antifoul and paint, including replacement of required anodes • Inspection of drills and certification 7.5 There are no reported defects with the excavator during the last quarter. The inspection regime has been increased to monthly and components identified to be at risk of failure (the main cause of breakdown) are now exchanged prior to failure, outside of the crewed the operational cycle of the vessel. 7.6 This improves vessel availability and the cost efficiency per tonne of dredged material. The aim is to also improve operational availability. Moray Council Fleet services currently Page 128
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support the inspection, planned maintenance and repair of the excavator and has planned dates to attend and undertake inspections until October 2026. 7.7 Dredger working Days Year Working Days Weather Delay Days Maintenance Days Working Day % Tonnage Removed 25/26 70 22 43 52 11180 24/25 32 12 91 24 9012 23/24 62 58 28 42 8472 22/23 94 68 46 46 12880 21/22 77 62 59 39 14120 20/21 38 14 47 39 11240 The dredging requirement for all harbours was kept under continuous monitoring by the Harbour Master for any requirements. 7.8 Tonnage removed per harbour during 2025/26 YTD Harbour Q1 Q2 Q3 Q4 Buckie 1360 4400 1160 0 Burghead 400 2020 0 0 Findochty 0 1000 0 0 Portnockie 0 240 600 0 Hopeman 0 0 0 0 Cullen 0 0 0 0 7.9 Dredging at Buckie is to contracted depth and regularly checked by the harbour staff. 7.10 A dredge campaign for all harbours has been detailed by the Harbour Master and commenced on 20 April 2026 at Buckie Harbour. The current dredge programme consists of 34 days, commencing April 2026. Total dredge volumes expected to be in the region of 4000t. 7.11 The operational ambition remains to lower the depth of the approaches, then resurvey prior to submitting the survey data and updating the charted depth. Then to maintain this lower depth and the accessibility of the harbour at as wide a range of the tide as is practicable. 7.12 On completion of current dredge programme a full bathymetric survey of all harbours shall be undertaken and promulgated to users. This will also allow a full review of current depths to be assessed, and areas identified for further dredging. 7.13 An application for land based dredging and beach replenishment disposal is being progressed for Hopeman harbour. 7.14 Successful 3rd party dredge campaign delivered by the Selkie at Perth Harbour on behalf of client. 2.5 days undertaking dredging for client evidenced the capabilities of the Selkie to deliver external contracts Page 129
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7.15 There have been approaches to carry out works for other harbours which have been accepted with a planned dredge programme late June/early July 2026. Moray Harbours dredge programme will remain a priority before external dredge contracts. 7.16 Infrastructure The capital plan is addressing the harbour wall infrastructure issues raised by the routine periodic surveys. Some further items of infrastructure may need to be brought into this routine survey programme, such as bollard surveys. This will add additional pressure to the maintenance budget. 7.17 The recent engineering survey at Portknockie exposed greater structural degradation of middle pier than expected. It is intended to restrict access to berth holders only whilst repairs are pending due to the uneven surface. 7.18 The ends of the west and north quays at Cullen are also showing signs of structural degradation following recent storms. Again, access may need to be restricted for safety reasons whilst the extent of the required repairs is assessed. If this presents any material restriction for users then appropriate comms with harbour users and councillors will be put in place. 7.19 Buckie Harbour weighbridge installation requires additional works to ensure connectivity between weighbridge and office. 7.20 Buckie Harbour Pier 1 joint repairs ongoing. Work to the repairs delayed due to timber cargo shipment at berth 1. 7.21 Harbours team continue to undertake regular inspections of assets and undertake minor maintenance and pressure washing of pontoons. 8. OTHER UPDATES 8.1 Service Manager – Harbours: recruitment is underway to identify a substantive postholder, with interviews scheduled for 18 May 2026. A verbal update will be provided to Sub Committee. 8.2 Buckie Harbour Masterplan: an application has been made to the Just Transition Fund including a request for funding to progress design and business case to deliver an expanded harbour in line with the Masterplan. Oversight of the Masterplan remains within the remit for Economic Development and Infrastructure Services Committee. 8.3 Stakeholder Visits: There have been various events used to raise the profile of Moray’s Harbours, and the case for delivery of the Masterplan during Quarter 4, including a visit by the Scottish Government Place Director for Moray’s Community Planning Partnership, and a visit to the Buckie area by HRH Duke of Gloucester. 9. SUMMARY OF IMPLICATIONS 9.1 The table below shows whether risks and implications apply if the recommendations are agreed: Page 130
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SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 9.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population 9.3 Policy and Legal The Council aims to run the harbours in compliance with the PMSC and within the legislative framework set out for harbours. Non compliance with the code will have legal implications. 9.4 Financial Non compliance with the code may have financial implications. 9.5 Risk Non compliance with the PMSC could result in the prosecution of the authority. 9.6 Staffing There are no staffing implications arising from the report. 9.7 Best Value and Transformation N/A 9.8 Property No property implications arise from the report. Page 131
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9.9 Information Communications/Technology/Digital No ICT implications arise from the report. 9.10 Equalities, Social Inclusion and Economic Impact There are no implications arising directly from this report. 9.11 Climate Change and Biodiversity Impacts There are no climate change and biodiversity implications arising from this report. 10. CONSULTATION 10.1 This report has been prepared in consultation with the Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Service Manager Legal Services, Senior Engineer (Flood Risk Management), Principal Climate Change Officer, Equalities Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report 11 BACKGROUND PAPERS 11.1 N/A Page 132
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Appendix 1 – Glossary Word / Abbreviation Meaning Aid to Navigation any device, system, or service, external to a vessel or aircraft, designed to enhance safe and efficient navigation by helping mariners determine their position, determine a safe course, or warn them of dangers and obstructions. Common examples include buoys, lighthouses, beacons, and electronic signals (AIS) Chart Datum Chart Datum is defined as the sea level that is so low the tide will not frequently fall below it. In the United Kingdom, this level is typically the level of the Lowest Astronomical Tide Conservancy The duty of a harbour authority to maintain a port or harbour in a condition that is safe for navigation. This duty requires ensuring the harbour is fit for use by vessels and providing users with necessary information about conditions, such as depths and hazards DP / Designated Person an independent individual or organization appointed by a port or harbour authority to provide assurance that their marine safety management system is working effectively and is compliant with national standards LOA Length Overall - the maximum length of a vessel's hull measured parallel to the waterline, from the foremost point of the bow to the aftermost point of the stern LOLER Lifting Operations and Lifting Equipment Regulations 1998, a set of UK safety regulations designed to ensure that equipment used to lift people or loads is safe, properly planned, and thoroughly examined MCA Maritime and Coastguard Agency MSMS Marine Safety Management System (occasionally referred to a HSMS / Harbour Safety Management System) PMSC Port and Marine Facilities Safety Code SOSREP Secretary of State’s Representative: a skilled and experienced individual with full authority of government to provide strategic oversight of a maritime incident on behalf of Government. Page 133
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