Laurie Thornton Grimes Poole Yacht Club. Richard Lacey was elected as Chairman for the meeting.

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1 MEETING BETWEEN REPRESENTATIVES OF THE POOLE YACHTING ASSOCIATION AND POOLE HARBOUR COMMISSIONERS AT 7.00 P.M. ON THURSDAY 5 TH DECEMBER 2013 AT POOLE YACHT CLUB. PRESENT: Richard Lacey Poole Harbour Commissioners Captain Brian Murphy Poole Harbour Commissioners Jim Stewart Poole Harbour Commissioners Charles Cunningham Royal Motor Yacht Club Paul Harris Royal Motor Yacht Club Sally Davis PYA Secretary Allen Wilkinson Redclyffe Yacht Club Peter Stanaway Rockley Cruising Club Ron Gentle PYRA Laurie Thornton Grimes Poole Yacht Club Colin Stewart Lilliput Sailing Club Dick Linford Parkstone Yacht Club Martin Pearson Parkstone Yacht Club Gareth Yeoman Parkstone Yacht Club Martin Pate East Dorset Sailing Club 1. ELECTION OF CHAIRMAN Richard Lacey was elected as Chairman for the meeting. 2. APOLOGIES Apologies were received Mrs Jacky Hardy PHC/North Haven Yacht Club. 3. MINUTES OF LAST MEETING The minutes of the meeting held on the 4 th April 2013 were noted and approved. 4. MATTERS ARISING A meeting had taken place to discuss the relocation of racing marks in the area of the proposed Marine Centre. This had taken place and it was confirmed that there was no other area available to relocate the marks. 5. HARBOUR MASTER S REPORT Safety Record Brian Murphy advised that the peak season from 1 st April to 30 th September 2013 was much improved over previous years. There were 73 reported incidents which have been broken down to 21 navigation incidents and 52 byelaw infringements. This compares to a total of 100 for the same period in 2012 and 114 in

2 He further reported that all incidents are investigated and action taken accordingly, either by verbal education from Patrol Officers or a written warning from the Harbour Master. In some cases where there is sufficient evidence then prosecution proceedings will commence. The PHC enforcement policy is followed at all times. Brian Murphy advised that an incident report form is available on the PHC website which went out as a LNTM. He further reported that the Annual Marine Safety report, covering the period 1 st April 2012 to 31 st March 2013 has been published and is available to download on the PHC website. Brian Murphy reported that the independent Designated Person completed a Safety Management System inspection on the 2 nd July and reported that PHC are still fully compliant with the PMSC. Prosecutions Brian Murphy advised that since the last meeting there have been three prosecutions as follows:- 2(aa) Speeding 1,120 2(aa) Speeding 1,030 Faversham Ships prosecuted under section 136 of the Merchant Shipping Act for failure to report an oil spill in the Harbour 4,100 Harbour Patrols - Update Brian Murphy reminded those present that Poole Harbour Commissioners signed a SLA (Service Level Agreement) with Dorset Police which would combine patrols within Poole Harbour using the Harbour Authority vessels. He reported that this is not a statutory requirement of Poole Harbour Commissioners however the Board agreed to assist in securing a police presence on Poole Harbour waters. A 100% increase in patrol hours has been agreed equating to a minimum of 1600 hours per year. This is at a cost of circa 50k per annum paid for by Poole Harbour Commissioners. Although the agreement was signed in April, joint patrols didn t start until August 2013 due to delays in Dorset Police securing sufficient staff to fill a rota. There have been over 140 hours of joint patrols so far to include daylight hours and patrols late into the evening. Poole Yacht Club reported that a number of outboards had been stolen. Brian Murphy advised that these need to be reported to Harbour Control who pass on information to Dorset Police. 2

3 LD Line Risk Assessment Brian Murphy reported that normally PHC would just review existing risk assessments for commercial ships but due to the extra 19m in length and 1m in draft It was decided to undertake a more detailed internal risk assessment. Consultees included pilots (2 x ocean going yacht masters), HCO s, tug skippers and port operations staff and of course the Harbour Master. He advised that the process included:- 2 HAZID meetings ( Large vessel and moorings ) Review of 9 previous documents including YRC Review of all relevant existing risk assessments Live trial Simulation work This resulted in a 55 page detailed Risk Assessment and 140 page simulation study report with amended relevant risk assessments in the HAZMAN database. Additional control measures have been implemented and included in the existing risk register of relevant risk assessments. Dick Linford and Martin Pearson produced a chart and showed those present the problems that would occur when a 30/187m boat with 1,000m exclusion zone ahead and astern and 50m either side came into the Harbour. After a lengthy discussion it was agreed that the Harbour Master would meet with Dick Linford, Martin Pearson and Lawrie Thornton Grimes in January to review this Notice to Mariners. Concern was also shown that the timetable affects Monday racing. Jim Stewart advised that the timetables were not established for 2014, although they appear on the LD website. He further advised that discussions were taking place. Vessel Monitoring Improvements - Update Brian Murphy advised that at the last meeting he had reported on two Harbour monitoring improvements that Poole Harbour Commissioners had agreed to invest in. The 3D VTS monitoring equipment has been very useful as part of incident investigation but more importantly for improved situational awareness during vessel monitoring. The second radar and AIS receiver at the South Haven side of the Harbour entrance has now been installed with some final tweaks being carried out before commissioning. This is currently giving clear returns from the Isle of Wight but more importantly returns from all of the shipping channels in Poole Harbour. Other Improvements Brian Murphy advised that transit lights for the turning basin have been upgraded. He further advised that an additional post to the west of No 28 buoy in the small boat channel had been installed. 3

4 Small Craft Emergency Protocol - Update Brian Murphy reminded those present that PHC were approached by Poole YC, Parkstone YC and RMYC with a view to producing an Emergency Protocol to be followed during a yacht racing incident in Poole Harbour. It was felt that organisations needed to have a co-ordinating role in the event of an emergency. Following informal consultation with HMCG and RYA, the draft document was produced which retains the HMCG as the primary co-ordinator whilst vastly improving communication links with all involved. Following a lengthy consultation period the Protocol was published on the 10 th Sept 2013 and it is hoped that event organisers will include it in their risk assessments. An amended version was sent on the 26 th November Brian Murphy advised that copies of the Protocol are available on the PHC website and upon request. Brian Murphy advised that it is the intention to conduct an exercise in Draft Guidance for Training Groups and Visiting Groups using Poole Harbour was passed to the HM for consideration. Two Bridge Operation Brian Murphy reported that the two bridge operation appears to be working well with positive feedback from users regarding the general operation and timetable. The Bridges Operating Board continues to review the operation and meets regularly throughout the year. General Directions Brian Murphy advised that Harbour Authorities are responsible for managing and running safe and efficient Harbours. They have particular responsibilities in relation to the safety of vessels and people within the Harbour, efficient navigation and the protection of the port environment. To meet these responsibilities effectively, harbour authorities have currently up to four powers available under their local legislation which they may use in regulating their harbour areas: Byelaws power to issue byelaws which, subject to confirmation by the Secretary of State for Transport. Byelaws may apply to Harbour land as well as the water; Special directions power to issue directions in relation to individual ships in the Harbour area for a specified purpose; General directions power to issue directions in relation to all ships in the Harbour area either in response to a particular occurrence or as a standing instruction to all ships or specified classes of ship; 4

5 Pilotage directions (applies to competent Harbour Authorities only) power to direct that it is compulsory for a ship to be subject to pilotage i.e. under the charge of either an authorised pilot or a master or first mate holding a Pilotage Exemption Certificate Brian Murphy reported that the PHC HRO 2012 came into force on the 23 rd July This HRO gave the Harbour Master the powers of General Direction which allows for appropriate legislation to be introduced in a timely manner. This now gives PHC the four powers as explained above. If designated, a Harbour Authority will have an additional power: Harbour Directions - power to issue directions in relation to ships in the Harbour area, or entering or leaving the Harbour. General Directions are not covered in the Navigation Act 2013 and are deemed by the Department for Transport to be different from Harbour Directions which are and consequently the Code of Conduct on Harbour Directions does apply to General Directions. Poole Harbour Commissioners has no requirement, at this time; to apply for powers of Harbour Direction therefore the code will not be applicable to Poole Harbour. As required by the Port Marine Safety Code It is the intention of PHC to review our current Byelaws with a view to revoke old and unnecessary byelaws and to produce a set of GD s providing modern and relevant legislation to assist in the safe and efficient management of the Harbour. Currently a permitting GD for Kitesurfing in Poole Harbour is being prepared following consultation with the kitesurfing community. Other GD s are likely and the consultation process for GD s as explained in the Poole HRO 2012 will be adhered to. Dick Linford requested clarity regarding General Directions. After 28 days of public consultation the Board will consider objections but there is no arbitration. It was felt by the PYA that sending out an to user groups in the Harbour, also using the newly formed Poole Harbour Stakeholders Association, before the 28 day consultation would be beneficial. Brian Murphy advised that the Powers of General Direction were there to make management of the Harbour safe for everyone and were not be feared. Charges On 25 th October 2013 the Board agreed to keep the 2014 Harbour Dues and all other recreational charges increase to just the RPI which was confirmed as 2.7%. This, as in previous years, equates to good value when compared to other authorities on the south coast. The Crown Estate charge will increase by the October RPI and be rounded up to the nearest pound as per agreement with Crown Estate. Brian Murphy advised that the 50% reduction for short visitors would continue. 5

6 6. CHIEF EXECUTIVE S UPDATE Jim Stewart advised that the Brittany Ferries Spanish service with the vessel Cotentin had now ceased. He further advised that the Barfleur would not be operating from January 2014, commencing operation again in March Jim Stewart reported that PHC have been approached by LD Lines who have stepped in with a new Spanish service from Poole to Santander. He further reported that the Norman Asturias sails twice a week carrying freight and passengers. Jim Stewart advised that Government had asked every major port to produce a Master Plan for the next years. The Chief Executive reported that PHC have undertaken a lengthy consultation period and had received many responses. He further reported that up to 100 presentations and meetings have taken place. Jim Stewart advised that three different versions had been produced and the final Master Plan had been approved by the Board and this plan and other supporting documentation are available to view on the PHC website.. In June PHC were contacted by the Crown Estate as representations has been received from other marina operators. PHC were advised by Crown Estate that a tender process would be held and PHC duly submitted their tender in August Jim Stewart advised that following the tender process it appeared that Marina Developments Limited (MDL) were the preferred bidder. He further advised that following discussion with Crown Estate it has been announced that no decision will be made until January Jim Stewart advised that PHC have requested details of the MDL scheme but to date this has not been forthcoming. He further advised that the Commissioners would be looking at moving forward with projects such as deepening quays which would encourage cruise ships, liner vessels and bulk cargoes as well as re-organising the port estate with the opportunity for a maintenance base for a possible wind farm operation. Jim Stewart advised that he had been asked to chair a Steering Group by the Borough of Poole with regard to the EU Maritime Day to be held in He further advised that Poole are the first Port in the UK to be awarded this prestigious event. Jim Stewart advised that PHC would like to hear of ideas from any stakeholders. BMF, RNLI, Royal Navy and Sunseeker are already involved. It was suggested that possibly someone from the PYC could sit on the Steering Group. 8. Any Other Business Richard Lacey reiterated the Commissioners frustration regarding the Marine Centre project and awaits the publishing of the MDL plans. Charles Cunningham asked when the PHC Annual Accounts would be published. He was informed that they would be available shortly. 6

7 Peter Stanaway asked why Harbour Directions could not be applied to General Directions and agreement that PHC consult. Brian Murphy advised that there was obligation to consult but no arbitration he confirmed that the Board have the final say. Following an incident with Solent Scene in April, Dick Linford asked for clarification regarding stand on vessels. There followed in depth and occasionally controversial discussion concerning the status of the various tripper boats. Brian Murphy stated that Solent Scene and Jurassic Scene operate within rule 9 of Col Regs and that this will be reflected as an amendment to a previous incident investigation report. Richard Lacey had received the constitution of the new Poole Harbour Stakeholders Association and asked if this was a replacement for Poole Yachting Association. Sally Davis, Chairman of PHS confirmed that PYA was representing the yachting fraternity in the Harbour and would continue and that PHS were a wider association dealing with this and other matters in the Harbour. Poole Harbour Commissioners, as stakeholders, were indeed welcome to join. David Hedgeman the owner of Brownsea Island Ferries was recovering from a bad car accident. He was wished a speedy recovery. Jim Stewart advised that PHC had won the Dorset Business Awards Excellence in Customer Service Award 9. Next Meeting To be advised 7

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