Public reports pack
Argyll and Bute Council · 2 March 2023
Back to Argyll and Bute Harbour Board — 2 March 2023 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 23 February 2023 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, 2 MARCH 2023 at 1:00 PM, or at the conclusion of the Environment, Development and Infrastructure Committee at 10.30 am, whichever is later, which you are requested to attend. Douglas Hendry Executive Director BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (IF ANY) 3. MINUTES (a) Argyll and Bute Harbour Board held on 1 September 2022 (Pages 3 - 4) (b) Special Argyll and Bute Harbour Board held on 22 December 2022 (Pages 5 - 8) 4. OBAN BAY UPDATE (Pages 9 - 12) Report by Executive Director with responsibility for Roads and Infrastructure Services 5. PIERS AND HARBOURS - MARINE ASSET MANAGEMENT PLAN (Pages 13 - 22) Report by Executive Director with responsibility for Roads and Infrastructure Services 6. PORT MARINE SAFETY CODE Report by Executive Director with responsibility for Roads and Infrastructure Services (to follow) REPORTS FOR NOTING 7. DRAFT HARBOUR BOARD WORKPLAN (Pages 23 - 24) Public Document Pack
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Argyll and Bute Harbour Board Councillor John Armour Councillor Jim Lynch Councillor Andrew Vennard Councillor Garret Corner Councillor Andrew Kain (Chair) Councillor Ian MacQuire Councillor Ross Moreland (Vice-Chair) Councillor Amanda Hampsey Contact: Hazel MacInnes Tel: 01546 604269
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MINUTES of MEETING of ARGYLL AND BUTE HARBOUR BOARD held ON A HYBRID BASIS BY MICROSOFT TEAMS AND IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 1 SEPTEMBER 2022 Present: Councillor Andrew Kain (Chair) Councillor John Armour Councillor Garret Corner Councillor Jim Lynch Councillor Ian MacQuire Councillor Ross Moreland Councillor Andrew Vennard Attending: Kirsty Flanagan, Executive Director Jim Smith, Head of Roads and Infrastructure Services Stuart McLean, Committee Manager Scott Reid, Marine Operations Manager 1. APOLOGIES FOR ABSENCE There were no apologies for absence. 2. DECLARATIONS OF INTEREST There were no declarations of interest. 3. MINUTES (a) Argyll and Bute Harbour Board held on 3 March 2022 The Minutes of the meeting of the Argyll and Bute Harbour Board held on 3 March 2022 were approved as a correct record. (b) Special Argyll and Bute Harbour Board held on 4 August 2022 The Minutes of the meeting of the Special Argyll and Bute Harbour Board held on 4 August 2022 were approved as a correct record. During consideration of the following item of business there were technical issues with the Hybrid meeting. The Chair ruled, and the Harbour Board agreed, to adjourn the meeting for 5 minutes and to reconvene on a remote only basis. 4. MARINE ASSET MANAGEMENT PLAN UPDATE The Harbour Board gave consideration to a report providing a further update on significant and major programmes currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan following on from the update provided to the Board in March 2022. Decision The Argyll and Bute Harbour Board noted – Page 3 Agenda Item 3a
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1. the update on significant and major programmes that were currently being addressed within Argyll and Bute Council’s Marine Asset Management Plan; and 2. that £15.5 million worth of capital works were programmed for the financial year 2022 / 2023 plus works continuing from 2021 / 2022. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) 5. PORT MARINE SAFETY CODE The Harbour Board gave consideration to a report providing an update on progress being made towards compliance with the Port Marine Safety Code (PMSC) following on from the update provided to the Harbour Board in March 2022. Decision The Argyll and Bute Harbour Board endorsed the content of the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated August 2022, submitted) 6. OBAN BAY UPDATE The Harbour Board gave consideration to a report providing an update on progress being made since the decision of the Special Harbour Board in December 2021 and the previous updates provided to the Harbour Board in March and August 2022, in respect of Oban Bay. Decision The Argyll and Bute Harbour Board noted the update provided in the submitted report. (Reference: Report by Executive Director with responsibility for Roads and Infrastructure dated 11 August 2022, submitted) 7. DRAFT HARBOUR BOARD WORKPLAN The draft Workplan was before the Harbour Board for noting. Decision The Argyll and Bute Harbour Board noted the content of the Workplan. (Reference: Draft Argyll and Bute Harbour Board Workplan dated September 2022, submitted) Page 4
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MINUTES of SPECIAL MEETING of ARGYLL AND BUTE HARBOUR BOARD held ON A HYBRID BASIS IN THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD AND BY MICROSOFT TEAMS on THURSDAY, 22 DECEMBER 2022 Present: Councillor Andrew Kain (Chair) Councillor John Armour (by Teams) Councillor Jim Lynch (by Teams) Councillor Andrew Vennard (by Teams) Councillor Garret Corner (by Teams) Councillor Ross Moreland (by Teams) Attending: Douglas Hendry, Executive Director Kirsty Flanagan, Executive Director Jim Smith, Head of Roads and Infrastructure Services David Logan, Head of Legal and Regulatory Support Scott Reid, Marine Operations Manager Stuart McLean, Committee Manager Frank Roberts, Oban Community Harbour Development Association Phil Hammerton, Oban Community Harbour Development Association Ross Wilson, Oban Community Harbour Development Association 1. APOLOGIES FOR ABSENCE Apologies for absence were received from Councillor Ian MacQuire. 2. DECLARATIONS OF INTEREST There were no declarations of interested intimated. DEPUTATION The Chair intimated that a request for a deputation by Oban Community Harbour Development Association to be heard by the Harbour Board had been received. It was unanimously agreed to hear this deputation prior to item 4 of the Agenda. . 3. PIERS & HARBOURS - MARINE ASSET MANAGEMENT PLAN FEES & CHARGES 2023 / 2024 The Harbour Board gave consideration to a report in respect of a necessary increase in fees and charges for the forthcoming financial year 2023 / 2024, in order to meet the requirements for the Argyll and Bute Council Asset Management Plan that had been referenced in the report to the Harbour Board in September 2022. Decision The Harbour Board agreed to - 1. recommend to the Council, when setting the fees and charges for 2023/2024 that it approves an increase to piers and harbours fees and charges of 5%, over and above Page 5 Agenda Item 3b
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an inflationary increase which would be ring fenced to develop the Council’s marine infrastructure; 2. note that this presented a stepped “proposed increase to allow smoothing” over a 10 year period for meeting both the sustainability costs and future improvement costs associated with the marine infrastructure which Argyll & Bute Council has responsibility for; and 3. that the asset management plan would continue to be updated on a rolling 10 year basis. (Reference: Report by Executive Director with Responsibility for Roads and Infrastructure dated November 2022, submitted) During discussion of agenda item 4 (Oban Bay Update), the Chair moved and the Board agreed that a short adjournment be taken to allow officers an opportunity to confirm the detail contained within the draft Harbour Revision Order (HRO). The meeting reconvened at 11:35am with all those present as per the sederunt. . 4. OBAN BAY UPDATE The Harbour Board gave consideration to a report providing an update on the status of plans to establish the Municipal Oban Harbour and the progress of the Oban Harbour Revision Order (HRO). The HRO included proposed external harbour limits that had been justified by an independent Navigational Risk Assessment (NRA) process. Decision The Harbour Board agreed to– 1. note the update provided in the submitted report; 2. note the comments referenced from the Consultation period and the Council’s response thereto; 3. approve the draft HRO (under deletion of paragraph 26 (n), being a repetition and the correction of non-material errors) for submission to Transport Scotland as the submission to be confirmed as an HRO; 4. note that the HRO would be submitted to Transport Scotland in the first case on an informal basis as part of their best practice advice and that should there be any material alterations requested by Transport Scotland then they would be brought back to the Harbour Board for approval; 5. note the governance arrangements in respect of the Harbour Authority; and 6. note the technical advice given in the meeting by Officers in relation to the detailed definition of the external limits to Oban Harbour, contained with Appendix 3 of the report. Page 6
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(Reference: Report by Executive Director with responsibility for Roads and Infrastructure Services dated December 2022, submitted) Page 7
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ARGYLL AND BUTE COUNCIL HARBOUR BOARD ROADS AND INFRASTRCUTURE SERVICES 2nd MARCH 2023 OBAN BAY UPDATE 1.0 INTRODUCTION 1.1 This report is provided to update Members on the status of plans to establish the Municipal Oban Harbour and the progress of the Oban Harbour Revision Order (HRO). 1.2 It follows from the 22nd December meeting of the Harbour Board at which approval was given for a draft HRO to be submitted to Transport Scotland on an informal review basis. 2.0 RECOMMENDATIONS It is recommended that the Harbour Board notes and considers the update provided in this report. 3.0 DETAIL Harbour Revision Order (HRO) 3.1.1 The Council’s Harbour Board at its meeting on 22nd December gave approval for the draft Harbour Revision Order to be submitted to Transport Scotland. 3.1.2 The draft was submitted prior to the festive break, in this first instance on an informal basis. This is considered to be best practice and allows Transport Scotland the opportunity for informal discussion with the Council on the content before they then accept as a formal submission for public consultation. Argyll & Bute Council will then undertake a 42 day period public consultation. 3.1.3 Positive discussions have taken place between Argyll & Bute Council technical and legal officers; the Council’s legal advisors and Transport Scotland. Transport Scotland have asked for some non-material alterations in style and presentation which are being incorporated in the draft. 3.1.4 Scottish Government’s legal team will then review the draft HRO and following any comments from them being addressed. Should there be any material alterations requested by Transport Scotland then they would be brought back to the Harbour Board for approval. Page 9 Agenda Item 4
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Next Steps 3.2 The key statutory and notable milestones for subsequent reports to the Harbour Board are: (1) Any clarifications or amendments requested by Transport Scotland or MCA will be presented to a Special Harbour Board meeting for Members review and approval. (2) Advertisement of the application in Edinburgh and local press following receipt of the HRO by Transport Scotland. (3) 42 days for formal consultation as per the HRO process. (4) Addressing any issues and objections. (5) Decision by Ministers on HRO. (6) Order is made. 4.0 CONCLUSION 4.1 This report provides an update to Members on the status of plans to establish the Municipal Oban Harbour and the progress of the Oban Harbour Revision Order (HRO). 5.0 IMPLICATIONS 5.1 Policy – The Harbour Board agreed in December 2021 that the Council should proceed to make the arrangements to formally manage the unmanaged section of Oban Bay. 5.2 Financial – No financial implications at this stage. As the proposal develops further detail will be brought to the Harbour Board. 5.3 Legal – the HRO process is a formal legal process set out in the 1964 Harbours Act. 5.4 HR – HR implications will be identified as the proposal progresses. 5.5 Fairer Scotland Duty: 5.5.1 Equalities – None known 5.5.2 Socio-economic Duty – None Known 5.5.3 Islands – consultation will be carried out with the island communities as a continuation and expansion of the Options Appraisal Process reported to the December harbour Board. 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. Page 10
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5.7 Risk - The Council progressing to become a Municipal Port Authority for the unmanaged areas of Oban Bay increases the safety within Oban Bay. There is a risk that there could be a number of objections and representations during the process which could impact on timescale and these will be considered as and when they arise. 5.8 Customer Service – Improved and safer environment for all users Kirsty Flanagan, Executive Director with responsibility for Roads and Infrastructure Jim Smith, Head of Roads and Infrastructure Policy Lead for Roads and Transport, Councillor Andrew Kain February 2023 For further information contact: Jim Smith, Head of Roads and Infrastructure, or Scott Reid, Marine Operations Manager Page 11
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ARGYLL AND BUTE COUNCIL ARGYLL AND BUTE HARBOUR BOARD ROADS AND INFRASTRUCTURE SERVICES 2nd MARCH 2023 PIERS & HARBOURS - MARINE ASSET MANAGEMENT PLAN 1.0 INTRODUCTION 1.1 This report provides Members with a review of the marine works Asset Management Plan. It includes an update on significant and major programmes currently planned and underway within Argyll and Bute Council’s Marine Asset Management Plan (AMP) as well as schemes added since the last update. 2.0 RECOMMENDATIONS 2.1 Members of the Harbour Board are asked to:- 2.1.1 Consider the update on the major programmes currently being addressed within the Argyll and Bute Council’s Marine Asset Management Plan. 2.1.2 Note that £6.5 million worth of capital works are programmed for the financial year 2023 2024. 2.1.3 Note that there is a potential spend of c.£110 million over the next 5 years, the majority of which will support the new CMAL and CFL / CalMac fleet renewal. 3.0 BACKGROUND 3.1 Argyll and Bute Council continue to work closely with Transport Scotland, CMAL and CFL / CalMac to support Island and rural communities with marine links to the mainland, Central Belt resources and tourist revenue. 3.2 Lifeline ferry services are prioritised and the CMAL vessel replacement programme for Islay, Mull, Iona and Gigha all require infrastructure upgrades to meet the new vessel’s requirements. Page 13 Agenda Item 5
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3.3 Dunoon and Kilcreggan also have vessel replacement programmes underway which will see an improvement in the service reliability and resilience for commuters and visitors. 3.4 Shore power upgrades for overnight charging of vessels and the associated infrastructure requirements are being completed in Craignure for the Loch Frisa; and preparation work is also underway for Fionnphort and Gigha. 3.5 Crew and passenger’s safe boarding and access will be improved with our programmes at Fionnphort, Feolin, Dunoon and Kilcreggan, while studies will be completed for the Council’s own ferry services infrastructure. 4.0 DETAIL 4.1 The latest version of the Marine Asset Management Plan is attached as annex A and planned expenditure is summarised in table 1 in appendix 1. It includes the following significant works: 4.1.1 Iona & Fionnphort CMAL’s Small Vessel Replacement Programme (SVRP) vessel no3 of 7, expected Q4 2026 / Q1 2027. A very successful meeting and presentation took place in January with the residents and users of Iona slipway. The EIA has now been received and we are very pleased that there are now no ‘Red Flag’ issues outstanding and that mitigation measures will be agreed to allow the project to continue. We will now proceed with the Marine licences, planning etc. and hope to have works commencing next year. Alongside this is the preparation is progressing with Fionnphort to ensure: Overnight berth Safe access for crew Sheltered berthing Charging and supply facilities Traffic survey to enhance the passenger road user interface at the terminal area. A public engagement visit, drop in day and presentation at Fionnphort will take place on 25th April this year and is expected to be well attended. 4.1.2 Craignure New Ferry Terminal Page 14
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A well-attended meeting was held in Craignure in December where we agreed to proceed with Ground Investigations (GI) at the proposed location close by the existing pier. GI planning and tender compilation is now underway. Next phase works include completion of the Outline Business Case (OBC), detailed design and Financial Business Case. Power supply for Loch Frisa Officers have worked closely with CMAL to provide the shore power supply for the Loch Frisa and we continue to progress the remaining enabling works. A new power substation is now online from 5th February providing improved capacity for both present demand and a ‘Phase 1’ for the new terminal requirements. 4.1.3 Port Askaig Vessels are expected from Q4 2024. The new vessel will have the capacity to carry a maximum of 100 cars, or 14 HGVs. A new area adjacent to the approach road has been investigated, however due to the landowner rejecting the sale of land and excessive letting cost this could no longer be considered as the preferred option. Although now not ‘Plan A’ we will keep the new area as a possible contingency or overspill area and will proceed with Ground Investigations on site. Options will now be further developed with the aim of Port Askaig being ready for the new Islay vessel’s arrival. These are looking at all options which maximise the capacity at the present location. 4.1.4 Dunoon & Kilcreggan Vessels expected from Q1 2026. Public consultation has closed for the Dunoon infrastructure and it is anticipated that the results will be available before this Harbour Board meeting date. The results will be discussed with Argyll and Bute Council Harbour Board, Working Group, Reference Group and fully available on the Council’s web site. Specifications are being drawn up for tender submissions with an aim of starting GI works in the summer. Kilcreggan consultation is now ongoing. The web-based consultation is being backed up by hard copy booklets; feedback forms in the village and Pier Office; and ‘QR code’ link posters on the ferry itself. Results and feedback will be fully available when completed. Page 15
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4.1.5 Feolin Plans for Feolin include the new infrastructure required for a new replacement ferry as well as a pontoon and gangway installation in the short term, for use when the passenger only contingency is in service. 4.1.6 Gigha & Tayinloan SVRP vessel no7 of 7 expected Q2 of 2028. Feasibility study will be concluded to confirm the shore power requirements can be met on the island. An EIA will commence, to be ready for the detailed design and associated licences to be progressed. 4.2 Other ongoing plans include: 4.2.1 Campbeltown Pier extension Feasibility study is underway with consultants and CMAL for a potential extension and / or strengthening of Campbeltown New Quay. 4.2.2 Craignure PAS Our consultants Royal Haskoning have a replacement engineer in place to develop tender documentation and design specs for a compliant replacement PAS at the existing terminal location. We are reviewing and confirming an extensive list of potential in scope vessels which include short, long term and contingency options in the coming weeks. The aim is to make use of the PAS when the Long-Term Option for Craignure has been completed to maximise value for money on the build. 4.2.3 Rothesay Harbour Quay stabilisation works Following failed tenders for piling and grouting works at Rothesay Quay, consultants have assisted in developing new methodology which will reduce the contract risk and provide the required results for the stabilisation of the quayside. A further tender exercise will follow when preparations are completed. 4.3 Funding for Piers and Harbours is mainly provided by Prudential borrowing paid back through fees and charges, however external funding can also be sourced through capital grants, shared cost agreements and funds made available for specific projects. A recent attempt to secure ‘Levelling Up Fund’ grants for Port Askaig and Jura ferry plans was unsuccessful, however the background work will now be used to forward the plans through Argyll and Bute Council’s Marine Asset Management Plan. The Marine Asset Management Plan is an adaptable plan fed into by changing priorities and circumstances. It also relies on steady and predictable income from those ferry services utilising Argyll and Bute Council infrastructure. Page 16
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In recent years the COVID-19 pandemic and the UK’s withdrawal from the European Union has made some of the variables less predictable and our ability to engage contractors and consultants more difficult. Costs will be best estimated and closely watched for best value. Rising prices and availability of resources are risks which will need to be monitored in each of the projects and forecasts adjusted accordingly. 4.4 It will be apparent from the Marine Asset Management Plan that works are concentrated within the next 5 years. This is mainly a result of the replacement of CMAL fleet for CFL / CalMac services which require Argyll and Bute Council infrastructure to be upgraded before the arrival of the vessels for the service. 5.0 CONCLUSION 5.1 This report provides Members with an update on various marine infrastructure projects from the Argyll and Bute Council’s Marine Asset Management Plan, some future projects in development and a value for the works planned in the coming financial year. 6.0 IMPLICATIONS 6.1 Policy - None directly arising from this report. 6.2 Financial - The increases to fees and charges proposed at the December Harbour Board will ensure that future income is sufficient to maintain and develop Argyll and Bute Council marine assets for the coming year. Further increases or alternative funding routes will be required to sustain the proposed projects in future years. 6.3 Legal - Considered to be none directly arising from this report. 6.4 HR - None. 6.5 Fairer Scotland Duty: 6.5.1 Equalities - protected characteristics - None directly arising from this report. 6.5.2 Socio-economic Duty - None directly arising from this report. 6.5.3 Islands - Completed works and projects will enhance service reliability and community connectivity 6.6 Climate Change - there are no direct impacts in regard to climate change from this report, 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. Page 17
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6.7 Risk - Completed works will reduce the repair and maintenance on existing infrastructure. External influences may come to bear on ferry usage patterns which may, in turn, impact on income from ferry fees and charges i.e. Vessel breakdowns and redeployments, Environmental issues (car use), Brexit, Covid 19 and potential changes in RET. This will pose a potential risk to income. 6.8 Customer Service - An overall improvement in travel experience and reliability should result with improved and maintained infrastructure. Executive Director with responsibility for Roads and Infrastructure: Kirsty Flanagan Policy Lead for Roads and Transport: Councillor Andrew Kain February 2023 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 - Summary of 2023/2024 works from the Marine Asset Management Plan. Appendix 2 - Marine Asset Management Plan (Rolling 10 Year Plan) Page 18
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Appendix 1 – Summary of 2023/24 works from the Marine Asset Management Plan Page 19
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APPENDIX 2 - MARINE ASSET MANAGEMENT PLAN (ROLLING 10 YEAR PLAN) Page 21
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Harbour Board Work Plan 2023-2024 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 2 March 2023 Oban Bay Update Marine Operations Bi-Annual 7 February 2023 Marine Asset Management Plan Marine Operations Bi-Annual 7 February 2023 Port Marine Safety Code Marine Operations Bi-Annual 7 February 2023 31 August 2023 Oban Bay Update Marine Operations Bi-Annual 8 August 2023 Marine Asset Management Plan Marine Operations Bi-Annual 8 August 2023 Port Marine Safety Code Marine Operations Bi-Annual 8 August 2023 29 February 2024 Oban Bay Update Marine Operations Bi-Annual 6 February 2024 Marine Asset Management Plan Marine Operations Bi-Annual 6 February 2024 Port Marine Safety Code Marine Operations Bi-Annual 6 February 2024 Page 23 Agenda Item 7
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Harbour Board Work Plan 2023-2024 Date Report Designation Lead Service/ Officer Regularity of occurrence/ consideration Date of Reports to Committee Services Additional Comment Future Reports – dates to be determined Community Groups & Berthing Dues Review of Marine Services Working Practices Crane Provision at Campbeltown Page 24