Public reports pack
Argyll and Bute Council · 12 September 2024
Back to Argyll and Bute Harbour Board — 12 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Argyll and Bute Council Comhairle Earra-Ghàidheal Agus Bhòid Executive Director: Douglas Hendry Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604435 DX 599700 LOCHGILPHEAD 6 September 2024 NOTICE OF MEETING A meeting of the ARGYLL AND BUTE HARBOUR BOARD will be held ON A HYBRID BASIS IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 12 SEPTEMBER 2024 at 12:30 PM, or at the conclusion of the Environment, Development and Infrastructure Committee at 10.30am, whichever is the later, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST 3. MINUTES (Pages 3 - 6) Argyll and Bute Harbour Board held on 21 March 2024 4. PORT MARINE SAFETY CODE (Pages 7 - 20) Report by Executive Director with responsibility for Roads and Infrastructure Services * 5. MARINE ASSET MANAGEMENT PLAN - TO FOLLOW Report by Executive Director with responsibility for Roads and Infrastructure Services REPORT FOR NOTING 6. ARGYLL AND BUTE HARBOUR BOARD WORKPLAN (Pages 21 - 22) 7. NOTICE OF MOTION UNDER STANDING ORDER 13 The Harbour Board resolves and agrees as follows: 1. That Council Officers are instructed to prepare reports showing statements of account of the annual income and expenditure of the 8 statutory harbour authorities where the Council is the statutory harbour authority, for the noting by the Harbour Board; declaring that the said reports shall be prepared on an annual basis, commencing with the relevant statements of account for the 2024/2025 financial year, and provided for noting by the Harbour Board at duly Public Document Pack
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convened ordinary meetings of the Harbour Board each calendar year; 2. That Council Officers are instructed to prepare a report on the options for the future financial reporting regime of the portfolio of Piers, Harbours, and other maritime facilities managed by the Council, for consideration by the Harbour Board in due course, together with a report outlining the options for the non- financial performance reporting of the portfolio of Piers, Harbours, and other maritime facilities managed by the Council; declaring that the said reports shall be prepared and provided for consideration by the Harbour Board no later than the last ordinary meeting of the Harbour Board held during the 2025 calendar year. Proposed by Councillor Andrew Vennard Seconded by Councillor Maurice Corry Items marked with an “asterisk” are items, on the basis of information available at the time this Agenda is published, on which the Committee may not have delegated powers to act, and which may therefore require to be referred to the Council or another Committee, and that referral may depend on the decision reached at the meeting. Argyll and Bute Harbour Board Councillor Fiona Howard Councillor John Armour (Vice-Chair) Councillor Ross Moreland (Chair) Councillor Gordon Blair Councillor Dougie McFadzean Councillor Maurice Corry Councillor Liz McCabe Councillor Andrew Vennard Contact: Hazel MacInnes Tel: 01546 604269
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MINUTES of MEETING of ARGYLL AND BUTE HARBOUR BOARD held ON A HYBRID BASIS IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 21 MARCH 2024 Present: Councillor Andrew Kain (Chair) Councillor Fiona Howard Councillor John Armour Councillor Garret Corner Councillor Jim Lynch Councillor Ross Moreland Councillor Andrew Vennard Attending: Kirsty Flanagan, Executive Director Jim Smith, Head of Roads and Infrastructure Services Scott Reid, Marine Operations Manager Stuart McLean, Committee Manager Montgomery Smedley, Designated Person Phil Hamerton, Chair of Oban Community Harbour Development Association (OCHDA) Ross Wilson, Vice Chair of Oban Community Harbour Development Association (OCHDA) 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Amanda Hampsey. DEPUTATION The Chair intimated that a request for a Deputation to be heard by the Board had been received on behalf of Oban Community Harbour Development Association (OCHDA). The Chair advised that this Deputation had been received out with the timescale as provided within the Council’s Standing Orders; but advised that it was his intention to use his discretion to hear the application at shorter notice as contained under Standing Order 18.3. The Harbour Board unanimously agreed to hear this Deputation. The Harbour Board heard a deputation from Phil Hamerton and Ross Wilson on behalf of Oban Community Harbour Development Association in relation to the proposed Port Marine Safety Code, specifically the Moorings Policy which would be dealt with under item 4 of the agenda. The Chair thanked the presenters and advised that their submission would be considered under item 4 of the agenda (Port Marine Safety Code). 2. DECLARATIONS OF INTEREST There were no declarations of interest intimated. 3. MINUTES (a) Argyll and Bute Harbour Board held on 31 August 2023 The Minutes of the meeting of the Argyll and Bute Harbour Board held on 31 Page 3 Agenda Item 3
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August 2023 were approved as a correct record. (b) Special Argyll and Bute Harbour Board held on 31 January 2024 The Minutes of the Special meeting of the Argyll and Bute Harbour Board held on 31 January 2024 were approved as a correct record. 4. PORT MARINE SAFETY CODE The Designated Person presented his Annual Report to the Harbour Board and there was an opportunity for questions on the content of the presentation. The Harbour Board gave consideration to a report providing an update on the status of Argyll and Bute Council as Harbour Authority and it’s compliance with the Port Marine Safety Code. Decision The Argyll and Bute Harbour Board – 1. noted the content of the submitted report; 2. approved the Moorings Policy for inclusion with the Marine Safety Management System; and 3. approved the new Marine Safety Plan for 2024 to 2026. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure Services dated February 2024, submitted) 5. MARINE ASSET MANAGEMENT PLAN The Harbour Board gave consideration to a report providing a review of the marine infrastructure works Asset Management Plan. The report included an update on significant and major programmes currently planned and underway within Argyll and Bute Council’s Marine Asset Management Plan. The Head of Roads and Infrastructure Services advised verbally that there had been interest from community groups on Iona regarding the creation of the marina. He advised that there was no intention to carry out marine works at this time as the works would be complex and would require significant dredging and removal of rock; in addition the environmental impact assessment and licences that were in place would not allow for these types of works and therefore would cause significant delay to the breakwater project. He advised that the focus at the moment was the breakwater project and ensuring the continuity of ferry services; and in the future, if the Council were so minded, they could look at the development of a marina facility. Decision The Argyll and Bute Harbour Board – 1. noted the update on the major programmes currently being addressed within the Argyll and Bute Council’s Marine Asset Management Plan; Page 4
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2. noted that £28.75 million worth of capital works were underway or were about to commence in the financial year 2024 / 2025; 3. noted that there was a potential spend of c. £129 million over the next 5 years, the majority of which would support the new CMAL & CFL / CalMac fleet renewal; and 4. approved the award of £15 million works for the Iona breakwater project. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure Services dated February 2024, submitted) 6. OBAN HARBOUR REVISION ORDER - CLARIFICATION FOR NOTING A report clarifying comments made in the earlier reports of 31 August 2023 and 31 January 2024, in relation to Oban Harbour Revision Order, were before the Harbour Board for noting. Decision The Argyll and Bute Harbour Board noted the update provided within the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure Services dated 29 February 2024, submitted) 7. ARGYLL AND BUTE HARBOUR BOARD WORKPLAN The Argyll and Bute Harbour Board workplan was before the Harbour Board for noting. Decision The Argyll and Bute Harbour Board noted the content of the workplan. (Reference: Argyll and Bute Harbour Board Work Plan dated 21 March 2024, submitted) Page 5
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ARGYLL AND BUTE COUNCIL ARGYLL & BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 12 SEPTEMBER 2024 PORT MARINE SAFETY CODE 1.0 INTRODUCTION 1.1 This report provides Members with an update on the status of Argyll and Bute Council as Harbour Authority and it’s compliance with the Port Marine Safety Code (PMSC). 1.1.1 It presents a proposed Harbour Consultation Policy for approval and inclusion in the Marine Safety Management Plan (MSMS) (Appendix 1). 1.1.2 It presents a Harbour and Pier use Policy for approval and inclusion in the MSMS (Appendix 2). 1.1.3 It presents a Collection of Fees Policy for approval and inclusion in the MSMS (Appendix 3). 2.0 RECOMMENDATIONS 2.1 Members of the Harbour Board are asked to:- 2.1.1 Note and consider this report; 2.1.2 Approve the Harbour Consultation Policy for inclusion with the Marine Safety Management System; 2.1.3 Approve the Harbours and Pier use Policy for inclusion with the Marine Safety Management System; and 2.1.4 Approve the Collection of Fees Policy for inclusion with the Marine Safety Management System. Page 7 Agenda Item 4
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3.0 DETAIL 3.1 Statutory Harbour Authority areas 3.1.1 Argyll and Bute Council is a Statutory Harbour Authority (SHA) at 8 locations and marine asset owner at a further 28 facilities. The SHA locations are: 1. Bruichladdich Pier, by virtue of the ‘Islay Piers Order, 1904’. 2. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 3. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at Campbeltown Harbour. 4. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 5. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 6. Oban North and South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 7. Port Askaig, by virtue of the ‘Port Askaig Acts and Order 1904 to 1975’. 8. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. 3.2 Compliance with the PMSC 3.2.1 Argyll and Bute Council achieves compliance with the PMSC by implementing, monitoring and reviewing the MSMS. The MSMS includes the Policies and procedures which seek to enhance the safety at all our facilities and is externally audited by the Designated Person. 3.2.2 The audits carried out at Rothesay Harbour, Port Askaig, Bruichladdich Pier and Port Charlotte during 2023 identified through evidence sampled during the audit and onsite observations, that the Council has met the requirement of the Port Marine Safety Code. 3.2.3 Although the Council is in compliance with the PMSC (the Code) as it stands at present, the Code itself is undergoing a review with a new publication due in the coming months. 3.2.4 The Duty Holder is therefore required to submit a declaration of compliance to the Maritime and Coastguard Agency (MCA) only after the new Code is available and external Assurance Audit confirms compliance with the ‘new’ version’s provisions. Page 8
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3.3 Policies for inclusion with the MSMS. 3.3.1 Marine Policy statements assist with public and facility user understanding and clarify the intentions of the Harbour Authority. 3.3.2 Argyll and Bute Council Harbour Board has approved a set of policies in support of the management and regulation of marine operations that aim to safeguard our facilities, our customers, the public and the environment within our jurisdictions. To date the Policies approved by the Harbour Board are: • Marine Conservancy and Hydrographic Policy; • Navigational Safety, Pilotage and Towage Policy; • Marine Training Policy; • Enforcement Policy; and • Moorings Policy. 3.3.3 Three new Policies are presented as Appendix 1, 2 and 3. 3.3.4 The Harbour Consultation Policy formalises the agreement that as Harbour Authority Argyll and Bute Council will consult as required by the Code. 3.3.5 The Port Marine Safety Code emphasises the importance of effective consultation by all Harbour Authorities with all stakeholders and beneficiaries. This includes all those who use our harbours in some way, as well as those that represent them. 3.3.6 The Harbours and Pier use Policy sets out general ‘Port Rules’. 3.3.7 Compliance with the Port rules help to ensure we maintain health, safety, security and order at Argyll and Bute Council ports and piers and indicates that it is a condition of entry that Port Rules are complied with. 3.3.8 The Collection of Fees Policy explains why charges are collected and that ‘Fees and Charges’ are an essential part of port operations to help ensure services and infrastructure are maintained for all users. 3.3.9 The Policy references the registering of working vessels, payment of fees, service agreements and enforcement issues. It is an important statement for clarity in what the Harbour Authority and asset owner expects from its paying customers. 4.0 CONCLUSION 4.1 This report provides Members with an update on the status of Argyll and Bute Council as Harbour Authority and its compliance with the Port Marine Safety Code (PMSC). It presents a proposed Harbour Consultation Policy, Harbours and Pier use Policy and a Collection of Fees Policy for approval and inclusion in the Marine Safety Management Plan (MSMS). Page 9
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5.0 IMPLICATIONS 5.1 Policy - None directly arising from this report. 5.2 Financial - None arising from this report. 5.3 Legal - Failure to comply with the PMSC could have legal consequences following a marine incident. 5.4 HR – None. 5.5 Fairer Scotland Duty: 5.5.1 Equalities - protected characteristics - None arising from this report. 5.5.2 Socio-economic Duty - None directly arising from this report. 5.5.3 Islands - Compliance with the PMSC will help ensure safe and effective port operations. 5.6 Climate Change - Due regard will be given to climate change with a view to minimising any climate change impact and these will be considered as and when they arise. 5.7 Risk - Compliance with the PMSC will minimise the risk of port operations. 5.8 Customer Service - Compliance with the PMSC will assure customers and port users; and assist council staff with safe operations. 5.9 The Rights of the Child (UNCRC) - None directly arising from this report. Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure Services Councillor John Armour, Policy Lead for Roads, Transport and Amenity Services August 2024 For further information contact: Scott Reid, Marine Operations Manager Tel: 01546 604 696 Jim Smith, Head of Roads and Infrastructure Services Tel: 01546 604 324 APPENDICES Appendix 1 - Harbour Consultation Policy Appendix 2 - Harbours and Pier use Policy Appendix 3 - Collection of Fees Policy Page 10
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V1 August 2024 APPENDIX 1 - HARBOUR CONSULTATION POLICY Harbour Consultation Policy 1. Introduction Argyll and Bute Council is a Statutory Harbour Authority at eight locations and a marine asset owner at a further 28 marine facilities located throughout the Council area. The Council’s Statutory Harbour Authorities are namely: 1. Bruichladdich Pier, by virtue of the ‘Islay Piers Order, 1904’. 2. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 3. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. 4. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 5. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 6. Oban North and South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 7. Port Askaig, by virtue of the ‘Port Askaig Acts and Order 1904 to 1975’. 8. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. The Council is the marine asset owner and, in most cases, operator of 28 piers, wharves and slipways. Some of these marine assets are located within the jurisdiction of a Statutory Harbour Authority (for example, Kilcreggan and Helensburgh Piers are located in Clydeport’s harbour). Others are located outside of Harbour Authority boundaries (for example, Iona and Fionnphort). In all situations, the Council is responsible for marine safety and must manage these facilities in compliance with the requirements of the Code. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at: • Campbeltown Harbour. Page 11
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V1 August 2024 Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour Authority (SHA) and Local Lighthouse Authority (LLA). Additionally, the Council is the Marine Asset Owner at the further 28 piers, jetties and slipways with a range of duties and responsibilities described in the Port Marine Safety Code, health and safety, environmental and maritime legislation and guidance. The Executive Director of Development and Infrastructure Services is the Duty Holder under the Port Marine Safety Code. 2. Consultation and the Port Marine Safety Code The Port Marine Safety Code emphasises the importance of effective consultation by all Harbour Authorities with all stakeholders and beneficiaries. This includes all those who use our harbours in some way, as well as those that represent them. 3. Argyll & Bute Council as Harbour Authority agree to: 1. Consult as early as is practicable with stakeholders and beneficiaries when changes to Argyll and Bute Council legislation and policy are being considered. 2. Consult widely with port and harbour users and other relevant stakeholders in respect of navigational safety issues and proposed changes to navigational arrangements. 3. Include appropriate Argyll and Bute Council staff in the consultation process. 4. Include appropriate practicing Harbour users in the ongoing work to identify navigational hazards, assess the risk of such hazards and recommend appropriate control and mitigation measures. 5. Provide regular feedback on the Authority’s performance, in particular its compliance with the Port Marine Safety Code, to all stakeholders and beneficiaries. 6. Publish an annual review of Argyll and Bute Council’s activity and achievements through the Marine Safety Action Plan. 7. Publish policies, plans and periodic reports that may be required to demonstrate compliance with standards. Kirsty Flanagan Executive Director and Duty Holder Development and Infrastructure Services Argyll and Bute Council Page 12
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V1 August 2024 APPENDIX 2 – HARBOURS AND PIER USE POLICY Harbours and Piers Use Policy 1. Introduction Argyll and Bute Council is a Statutory Harbour Authority at eight locations and a marine asset owner at a further 28 marine facilities located throughout the Council area. The Council’s Statutory Harbour Authorities are namely: 1. Bruichladdich Pier, by virtue of the ‘Islay Piers Order, 1904’. 2. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 3. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. 4. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 5. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 6. Oban North and South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 7. Port Askaig, by virtue of the ‘Port Askaig Acts and Order 1904 to 1975’. 8. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. The Council is the marine asset owner and, in most cases, operator of 28 piers, wharves and slipways. Some of these marine assets are located within the jurisdiction of a Statutory Harbour Authority (for example, Kilcreggan and Helensburgh Piers are located in Clydeport’s harbour). Others are located outside of Harbour Authority boundaries (for example, Iona and Fionnphort). In all situations, the Council is responsible for marine safety and must manage these facilities in compliance with the requirements of the Code. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at: • Campbeltown Harbour. Page 13
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V1 August 2024 Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour Authority (SHA) and Local Lighthouse Authority (LLA). Additionally, the Council is the Marine Asset Owner at the further 28 piers, jetties and slipways with a range of duties and responsibilities described in the Port Marine Safety Code, health and safety, environmental and maritime legislation and guidance. The Executive Director of Development and Infrastructure Services is the Duty Holder under the Port Marine Safety Code. 2. Port Rules In order to maintain health, safety, security and order at Argyll and Bute Council ports and piers, it is a condition of entry that Port Rules are complied with. When entering an Argyll and Bute Council port you are agreeing to abide by these Rules. If any person becomes aware of any breach of these Rules, they should in the interests of health, safety and security report the breach to Argyll and Bute Council via the appropriate Harbour Master. Where Argyll and Bute Council becomes aware of any person failing to comply with these Rules, the Council has the right to refuse access to the Port and to remove such person, vehicle or vessel from the Port. Any continued or serious breach of these Rules may result in future access being denied whether a formal ban has been served or not. 3. The Rules By entering or using an Argyll and Bute Council (The Council) Port, Harbour or Pier you are agreeing to abide by these Rules for the benefit or all users. 1. All persons will be required to provide proof of identity to Council personnel or Port Security on request. 2. All vehicles, vessels, persons and their possessions may be subject to inspection and searches at any time, including on entry to and exit from the Port. 3. Illegal activity will not be tolerated and will be reported to the relevant authorities. 4. Pedestrians must stay within the confines of any marked pedestrian walkways whenever possible. 5. All persons must comply with all Council signage on the Port. 6. No dangerous substances or articles, explosives or weapon may be brought onto the Port other than as expressly permitted by the Council. 7. The Council reserves the right to refuse access to any person or to remove any person whom Council staff suspect to be under the influence of drugs or alcohol or whom Council staff otherwise consider to be a risk to the safety of themselves or others on the Port. 8. The Council reserves the right to refuse access to any person and remove any person who is unable to provide a legitimate reason for being on the Port Page 14
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V1 August 2024 or whom Council staff suspects does not have a legitimate reason to be on the Port. 9. Any unattended bags or other articles on the Port may be removed or destroyed by Port Security without any liability on the part of the Council. 10. Persons driving vehicles on any Port roads must be licenced and do so with care, while complying with all Port road signage and speed limits. Seat belts must be worn and handheld mobile phones or devices must not be used while driving. All vehicles are required to be road worthy, in a safe condition and properly maintained. Loads carried on or in vehicles must be adequately and safely secured. No trailers are to be coupled or uncoupled at the Port and must remain properly secured at all times. 11. Individuals or companies using the port or pier for any business reason must register their details with the Council and inform the Council if those details change. It is the responsibility of all vessel owners to register their vessel with the appropriate Harbour Master’s Office and to inform that Office in advance of intended port visits. 12. It is the responsibility of individuals or companies using the port or pier to ensure that any applicable fees and charges are paid in full and in good time. 13. Persons must conduct their activities at the Port at all times in such a way as to minimise any nuisance or disturbance to the Council, any other person at the Port, any other vessel or vehicle using the Port and the owners and occupiers of other land within or adjacent to the Port. 14. All persons at the Port must follow any reasonable instructions given by Council personnel or Port Security. 15. Verbal abuse or aggressive behaviour will not be tolerated. 16. CCTV may be in operation throughout the Port and used in the detection of any breach of these Rules, unsafe practices, inappropriate behaviour or criminal activity. CCTV recordings may be used as evidence in proceedings. 17. No photography or filming is permitted at the Port without the prior approval of the Council. 18. Unauthorised use of drones over the Port is strictly prohibited. 19. No person shall cause any damage to any property or any part of the Port or cause any contamination, pollution or harm to the environment. 20. All persons at the Port must immediately report to Council personnel or Port Security any breach of these Rules, or any behaviour which they consider may be a breach of these Rules, or any behaviour or unsafe practices which may present a danger or give rise to a risk to health, safety, security, order, property or the environment at the Port. 21. The Council is entitled to remove and ban any person from the Port (including any vessel at the Port) if the Council considers that their presence or behaviour may present a danger or give rise to a risk to health, safety, security, order, property or the environment at the Port, or if the Council considers that such person has breached or is attempting to breach any of these Rules or any applicable law. 22. All children must be supervised. Page 15
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V1 August 2024 23. All persons must comply with the Harbour Byelaws and Directions applicable to the Port. 24. These Rules are without prejudice to any other rights or remedies which the Council may have. Kirsty Flanagan Executive Director and Duty Holder Development and Infrastructure Services Argyll and Bute Council Page 16
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V1 August 2024 APPENDIX 3 - COLLECTION OF FEES POLICY Collection of Fees Policy 1. Introduction Argyll and Bute Council is a Statutory Harbour Authority at eight locations and a marine asset owner at a further 28 marine facilities located throughout the Council area. The Council’s Statutory Harbour Authorities are namely: 1. Bruichladdich Pier, by virtue of the ‘Islay Piers Order, 1904’. 2. Carradale Harbour, by virtue of the ‘Pier and Harbour Orders Confirmation (No 3) Act, 1901’. 3. Campbeltown Harbour, by virtue of ‘Campbeltown Harbour Acts and Orders 1846 to 2011’. 4. Craignure Harbour, by virtue of the ‘Argyll County Council (Arinagour and Craignure Piers, etc) Order 1961’. 5. Dunoon Harbour, by virtue of ‘The Pier and Harbour Orders Confirmation Acts 1895 to 1906’. 6. Oban North and South Pier, by virtue of the ‘Oban Pier and Harbour Orders 1862 to 1988’. 7. Port Askaig, by virtue of the ‘Port Askaig Acts and Order 1904 to 1975’. 8. Rothesay Harbour, by virtue of the ‘Rothesay Harbour Acts and Orders 1831 to 1937’. The Council is the marine asset owner and, in most cases, operator of 28 piers, wharves and slipways. Some of these marine assets are located within the jurisdiction of a Statutory Harbour Authority (for example, Kilcreggan and Helensburgh Piers are located in Clydeport’s harbour). Others are located outside of Harbour Authority boundaries (for example, Iona and Fionnphort). In all situations, the Council is responsible for marine safety and must manage these facilities in compliance with the requirements of the Code. In addition, the Council is also the Competent Harbour Authority in respect of Pilotage, under the requirements of the Pilotage Act 1987, at: • Campbeltown Harbour. Page 17
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V1 August 2024 Argyll and Bute Council manages these ports, harbours and piers as the Statutory Harbour Authority (SHA) and Local Lighthouse Authority (LLA). Additionally, the Council is the Marine Asset Owner at the further 28 piers, jetties and slipways with a range of duties and responsibilities described in the Port Marine Safety Code, health and safety, environmental and maritime legislation and guidance. The Executive Director of Development and Infrastructure Services is the Duty Holder under the Port Marine Safety Code. 2. Register of working vessels at Argyll and Bute Council Ports, Harbours and Piers When entering an Argyll and Bute Council port owners and operators are agreeing to abide by the Council’s Port Rules. Fees and Charges are an essential part of port operations to help ensure services and infrastructure are maintained for all users. A register of all working vessels which use our ports and piers is just as essential to ensure that all business is conducted appropriately, that all vessels are properly insured and contact details for payments and correspondence are maintained. It is the responsibility of all vessel owners to register their vessel at the appropriate Harbour Master’s Office. The Harbour Master administers the facility on behalf of the Harbour Authority and may issue any communications necessary to carry out the operation of the facility. The Harbour Master is to be informed of any change of address, phone number or other contact details used. The Harbour Master is also to be informed of any vessel being sold, if the vessel is to remain in the Harbour. 3. Payment of fees There are different methods available to pay fees to the Council and range from one off payments to long standing service agreements. At the earliest opportunity is advisable that the appropriate Harbour Master is contacted to arrange method and period of payments so that an agreement can be put in place in good time. 4. Enforcement In smaller ports there is often a tight-knit community, where everyone knows each other and the port is a central part of the community. It can be difficult to pursue payment of fees when the users and staff are well known to each other so frustrations and confrontational situations are best prevented by routine and prearranged agreements avoiding the need for enforcement. Early advice must be sought if there are any reasons for non-payment of fees. Page 18
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V1 August 2024 The Council will endeavour to collect all fees that are owed to ensure that all users of the services and facilities pay a fair share and can benefit from the maintenance and improvements afforded by the funds. CCTV may be in operation throughout the Ports and piers and will be used in the detection of any breach of these Rules. CCTV recordings may be used as evidence in proceedings. Kirsty Flanagan Executive Director and Duty Holder Development and Infrastructure Services Argyll and Bute Council Page 19
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Argyll and Bute Harbour Board Work Plan 2024/25 This is an outline plan to facilitate forward planning of reports to the Harbour Board. Date Report Designation Lead Service/ Officer Regularity of occurrence/ consideration Date of Reports to Committee Services Additional Comment 12 September 2024 Marine Asset Management Plan Marine Operations Bi-Annual 20 August 2024 Port Marine Safety Code Marine Operations Bi-Annual 20 August 2024 Future Reports – dates to be determined Community Groups & Berthing Dues Review of Marine Services Working Practices Crane Provision at Campbeltown Page 21 Agenda Item 6
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