Brief Background
The Council, CMAL/CalMac and the Northern Lighthouse Board have different responsibilities for areas of Oban Bay, and some parts of the bay are not part of the specific jurisdiction of any organisation – the situation is not ideal and can lead to confusion for users, with no organisation in sole control of the bay itself.
There are three separate Harbour Orders in place for Oban: the North Pier, Railway Pier and South Pier. The approaches and waters through the bay are not covered by an order. The responsibility for these waters defaults to the Maritime and Coastguard Agency (MCA).
Having one or more statutory harbour authority controlling the entirety of the bay would remove any ambiguity and would likely result in benefits to users of the bay.
For a number of years the Council with CMAL/CalMac, the Northern Lighthouse Board and various stakeholders have worked to progress a solution which would result in all the bay, including the approaches, being covered by provisions which would enable the bay to be fully managed.
In 2018 CMAL were ready to progress a Harbour Order which would leave the Council’s North Pier ‘nested’ within a new Harbour Authority. The Council’s Harbour Board were satisfied with this arrangement. However, there was some concern expressed locally regarding CMAL becoming the new Harbour Authority and following discussions CMAL paused their process to allow a community group to explore the possibility of forming a Trust Port.
Whilst the community group had carried out a significant amount of work towards forming a Trust Port, the Council, in 2021, commissioned an independent third party to undertake an options appraisal in order to gain an independent view of the options available. The options appraisal reported that whilst there is no inherent reason why a trust port would not be a good option in the future, there was no trust port suitably well progressed, “a great deal of work remains to be done”. The Harbour Board considered the options appraisal at their meeting in December 2021
Decision of the Harbour Board December 2021
The Harbour Board at its 2 December 2021 meeting unanimously agreed the following 6 points:
- thanked Caledonian Economics for their work on the Options Appraisal;
- agreed that the Council would not at this time proceed with a transfer of assets on the basis that there were too many uncertainties around the proposal;
- noted that Options 4 or 5 (Argyll and Bute Council or Caledonian Maritime Assets Limited (CMAL) becoming the Harbour Authority for the unmanaged section of Oban Bay) provides a quicker route to addressing the current safety concerns and are therefore the best options available at this time.
- agreed that either Options 4 or 5 should move forward and request that Officers engage with CMAL, through the OBMG, on the basis that the Council’s preference would be option 5 and that the Council was prepared to be the Harbour Authority for the unmanaged section of Oban Bay, to begin the process of application for a Harbour Revision Order covering the unmanaged section of Oban Bay and to expedite the process for such an order and to report back to members on that process;
- noted that there was no inherent reason why a Trust Port would not be a good future option; and
- agreed that once Options 4 or 5 were delivered there would be a period of bedding in to monitor the new arrangement and, after that time, there would be a further report to members on the potential for and exploration of the future development of a Trust Port.
Current Position
Following the decision of the Harbour Board the Council is progressing a Municipal Port Authority for Oban Bay. This will include the approaches into the bay but exclude an area around the ferry terminal which will remain a separate Harbour Authority managed by CMAL/CalMac. This will allow the Council to manage the wider Oban Bay to ensure that vessels follow the provisions which will be included in a formal Harbour Order.
There are a number of statutory processes required in order progress a Municipal Harbour Authority which are documented in both the attached high level programme plan and the delivery plan.
Oban Municipal Harbour project updates
Good progress continues to be made against the project plan and the Council is well placed to have a draft Order ready for review by the Harbour Board in December.
Should that draft Order be approved at committee, it will then be formally submitted to Transport Scotland for consideration.
The aim is to have this submitted by the end of the year. Once this is submitted to Transport Scotland, there will be a further phase of formal consultation on the proposals.
Communications
Members of the Harbour Board and OLI Area Committee will receive briefings detailing any significant updates regarding the development of the Municipal Port over and above the formal updated report which will be presented to each of the Harbour Board meetings. In addition a page on the Council web site will be regularly updated which will include a link to the Oban Bay Management Group’s1 (OBMG) webpage as we as the high level project plan attached (this will be updated on a monthly basis as a dynamic document) together with the delivery plan also attached as a PDF.
Oban Bay Management Group Presentation - 19th July 2023 - This presentation has been designed to give an update on the good progress which Argyll and Bute Council is making towards establishing a Municipal Harbour Authority for Oban Bay. A presentation was provided to the Oban Bay Management Group on 19 July 2023, and subsequent to the meeting on 19 July 2023, an addendum was made to the slides, regarding the consultative arrangements, and an updated presentation circulated to the Oban Bay Management Group on 21 July 2023
Please note: Appendix 1 of the Delivery Plan is listed in the links below.
Delivery Plan - Oban Municipal Harbour - January 2022
Appendix 1:
High Level Project Plan - May 2022
High Level Project Plan - July 2022
High Level Project Plan - Nov 2022
Note 1 – Oban Bay Management Group consists of the 4 public bodies who have responsibility for managing parts of Oban Bay as well as stakeholder representatives. The 4 public bodies being:
- Argyll and Bute Council
- CalMac
- CMAL
- Northern Lighthouse Board
Further background information is available in the most recent report to the Council’s Harbour Board in December 2021 (Item 3 on the agenda):
Read the Draft Harbour Revision Order here
Oban Municipal Harbour consultation (July - August 2022)
Following the initial informal consultation which was received by over 1000 individuals we have received 65 responses of which 55.4% were supportive of the council progressing a Municipal Harbour Authority, 26.1% raised questions relating to the council progressing the Statutory Harbour Authority and 18.5% did not express a particular view.
CONSULTATION RESULTS 31st August 2022
- Total responses to mail address - 65 (includes 1 late entry)
- Responses supportive of Municipal Port - 36 (55.4%)
- Responses against Municipal Port - 17 (26.1%)
- Responses Neutral to Municipal Port - 12 (18.5%)
The questions raised have been categorised into 9 main themes which have been used as a Question and Answer (1 to 9) provided below. This Q&A is in addition to the information already posted on the Council web site.
In addition we have received some helpful comments relating to the draft Harbour Revision Order which is available on the council web site.
You can read all comments received through the public consultation, and from engagement with subject specialists and accountable agencies here:
Next Steps
Informal Consultation
We conducted an informal consultation over the summer – this was issued directly to over 1,000 stakeholders through various email contact lists and text alerts.
The consultation included:
- Maps of the proposed Harbour Limits
- Information on another part of the process called a Navigational Risk Assessment
- Draft protected provisions [the framework through which we propose to manage the area within the proposed limits]
The aim of the consultation was to consult users and the general public on our outline proposals. This was an informal public consultation, the results of which will inform our proposed Harbour Revision Order.
Results
- Total responses to mail address - 65 (includes 1 late entry)
- Responses supportive of Municipal Port - 36 (55.4%)
- Responses against Municipal Port - 17 (26.1%)
- Responses Neutral to Municipal Port - 12 (18.5%)
Draft HRO
Update - March 2023
An update report on the Oban Harbour HRO was presented to the Argyll & Bute Council Harbour Board on 2nd March 2023.
The papers and minutes for the meeting can be read online here
Update - December 2022
Following the receipt of consultation feedback [including feedback from statutory bodies with an interest in Oban Bay] and the conclusion of the Navigational Risk Assessment we have now made some minor revisions to our draft proposals originally circulated for public consultation
The Council’s Harbour Board considered the draft HRO and supporting purpose and effect notes for Oban Bay on Thursday 22nd December.
- Oban Municipal Harbour - Harbour Revision Order (updated Dec 2022)
- Oban Municipal Harbour - purpose and effect notes
The extract from the minute of the meeting is copied below:
Minutes:
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–
- note the update provided in the submitted report;
- note the comments referenced from the Consultation period and the Council’s response thereto;
- 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;
- 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;
- note the governance arrangements in respect of the Harbour Authority; and
- 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.
The Council has now submitted the draft TRO to Transport Scotland.
Key next steps
- Now that the Order has been submitted to Transport Scotland for the informal stage we will be looking to discuss with them in the New Year what the likely timescale is for that part of the process. This will assist us in gauging when the HRO may be accepted for the formal consultation stage
Questions and Answers
Q1. Does the Oban Bay Management Group support the Municipal Harbour?
Argyll and Bute Council’s plans for a Municipal Harbour have the full support of the Oban Bay Management Group.
Q2. Oban is a distinct and complex harbour; how can we be confident that Argyll and Bute Council has the expertise to run it?
Argyll and Bute Council have a Harbour Master at Oban with a great deal of experience both in general marine terms and specifically in managing Oban Bay. Oban Bay is one of 39 piers and harbours managed by Argyll & Bute Council, including six Statutory Harbour Authorities and one Competent Harbour Authority. Within the Roads and Infrastructure Services, the Marine Department have an extensive range of experience supported by (among others) Legal, HR & Technical Design colleagues.
Q3. What will the staffing be and what hours will the Harbour operate?
It is envisioned that the Harbour will operate between 06:00 and 23:00 with up to three Assistants working with the Harbour Master.
Q4. How will Argyll and Bute Council govern the harbour and ensure the local community and stakeholders are involved?
Argyll and Bute Council’s 39 piers and harbours are operationally managed by the experienced marine team mentioned above. The Council has a Harbour Board comprised of Elected Members from across Argyll and Bute – the Harbour Board sets and scrutinises the delivery of policy in relation to the Marine service area.
We also have harbour user/stakeholder groups across the area which meet regularly – this arrangement will be replicated in Oban.
Q5. Will the extra charges discourage visitors and where will any profits go?
Argyll and Bute Council will receive most of its income from fees and charges from larger vessels and CalMac (CFL), whereas locals and local business will benefit from any developments made to encourage visitors to Oban. Conservancy charges etc. made on non-leisure craft are to cover the costs of maintaining the port and the duties required of the Harbour Authority (whomever that may be) in keeping the Port safe and open for business.
Q6. Are there any plans for upgrading the port facilities?
There are plans at an early stage which look at an extension of the North Pier. The scope of the proposal would include extending and strengthening the North Pier by up to an additional 50m and dredging to a usable uniform depth of 5m to facilitate and future proof the berthing face for commercial customers. The works would help to ensure a safe and efficient through traffic management of commercial and private vehicles using the pier.
Q7. Why do we need any change, surely existing COLREGS are enough for safety?
The formal management of the larger bay area allows the Harbour Authority to enforce legislation (like COLREGS) and other safety rules (like speed limits). Without the inclusion of the larger bay area in a new HRO, there is the possibility of disruption or incidents which take place outside the jurisdiction of the existing Authorities. Local leisure and regular users should not notice much of a difference in the Day-to-Day running of the Bay.
Q8. Will the harbour eventually be transferred to CMAL or run for the benefit of CalMac ferries?
Oban Bay is recognised as an important strategic asset within Argyll & Bute. The Council will run and maintain Oban Harbour with a long-term outlook.
Q9. Will small leisure craft still be able to launch for free and have access to the bay?
Argyll and Bute Council operates an ‘Open Port’ policy which ensures that safe access and safe use of our Ports and Harbours is enjoyed by the public. Leisure craft will be exempt from Conservancy Fees.
Consultation information
1. INTRODUCTION
The purpose of this briefing and consultation document is to advise stakeholders of proposals to introduce a Municipal Harbour Authority for the sections of Oban Bay which are currently unmanaged.
This is being progressed to ensure that the Bay can be operated safely and builds on the excellent work carried out by Oban Bay Management Group (OBMG) who have put in place a voluntary code of practice and improved buoyage and marks leading into and out of the bay over recent years.
The proposal for a Municipal Harbour Authority will formalise the work of the OBMG, provide an enhanced operating model which will be sustainable whilst ensuring that safety and access for all users is paramount.
Oban Bay is an asset of strategic importance to a great number of island communities as it provides a ‘gateway to the isles’, and as such we are also asking those island communities for their views on these proposals.
The proposals themselves are early drafts for discussion. The feedback from this consultation is crucial in allowing us to further develop the proposals.
The consultation will run for six weeks, and we will update the below FAQs as we go through the consultation depending on what if any additional questions are raised.
2. BACKGROUND
The Council, CMAL/CalMac and the Northern Lighthouse Board have different responsibilities for areas of Oban Bay, and some parts of the bay are not part of the specific jurisdiction of any organisation – the situation is not ideal and can lead to confusion for users, with no organisation in overall control of the bay itself.
There are separate Harbour Orders in place for Oban: the North Pier, the Railway Pier and the South Pier. The approaches and most of the waters in the bay are not covered by a local Harbour Act or Order. The responsibility in terms of marine safety for waters outside of harbour limits defaults to the Maritime and Coastguard Agency (MCA).
Having one or more statutory harbour authority controlling the entirety of the bay would remove any ambiguity and provide clear marine safety management to users of the bay.
For a number of years the Council with CMAL/CalMac, the Northern Lighthouse Board and various stakeholders have worked to progress a solution which would result in all the bay, including the approaches, being covered by provisions which would enable the bay to be fully managed.
The Council commissioned an independent Options Appraisal by Caledonian Economics for the future management of the bay, the results of which were reported to the Council’s Harbour Board in December 2021
The Harbour Board at its 2 December 2021 meeting unanimously agreed the following 6 points:
- thanked Caledonian Economics for their work on the Options Appraisal;
- agreed that the Council would not at this time proceed with a transfer of assets on the basis that there were too many uncertainties around the proposal;
- noted that Options 4 or 5 (Argyll and Bute Council or Caledonian Maritime Assets Limited (CMAL) becoming the Harbour Authority for the unmanaged section of Oban Bay) provides a quicker route to addressing the current safety concerns and are therefore the best options available at this time.
- agreed that either Options 4 or 5 should move forward and request that Officers engage with CMAL, through the OBMG, on the basis that the Council’s preference would be option 5 and that the Council was prepared to be the Harbour Authority for the unmanaged section of Oban Bay, to begin the process of application for a Harbour Revision Order covering the unmanaged section of Oban Bay and to expedite the process for such an order and to report back to members on that process;
- noted that there was no inherent reason why a Trust Port would not be a good future option; and
- agreed that once Options 4 or 5 were delivered there would be a period of bedding in to monitor the new arrangement and, after that time, there would be a further report to members on the potential for and exploration of the future development of a Trust Port.
You can read the minute of the Harbour Board and access the papers here.
Following the decision of the Harbour Board the Council is progressing a Municipal Port Authority for Oban Bay. This will include the approaches into the bay but exclude the existing CMAL ferry terminal which will remain a separate Harbour Authority. This will allow the Council to manage the wider Oban Bay and its approaches to ensure that vessels follow the provisions which will be included in a formal Harbour Order.
At this stage of the process we are looking to consult users and the general public on our outline proposals. This is an informal public consultation, the results of which will inform our proposed Harbour Revision Order. Once this is submitted to Transport Scotland, there will be a further phase of formal consultation on the proposals.
You will find below:
- FAQs on the scheme
- Maps of the proposed Harbour Limits
- Information on another part of the process called a Navigational Risk Assessment [or in FAQs]
- Draft protected provisions [the framework through which we propose to manage the area within the proposed limits]
3. FREQUENTLY ASKED QUESTIONS
What is it the Council is doing with Oban Harbour?
Currently there is no overseeing organisation for the approaches into and out of Oban Bay. The Council are progressing a Municipal Harbour Authority which will enable us to take responsibility for the unmanaged areas of Oban Bay together with the North Pier which we are already the Harbour Authority for.
Why is it necessary to promote a Municipal Harbour Authority?
Currently the Oban Bay Management Group has promoted a code of practice for vessels entering and leaving Oban Bay. This is a great piece of work and has significantly increased marine safety within the Bay. However, it is only with a Harbour Authority that positive safety measures can be fully enforced and managed to further enhance safety for all users.
What has been done in recent years to improve safety in the Bay?
The code of practice [referenced above] improved buoyage and published procedural information for vessel traffic using Oban Bay. This has helped qualified marine professionals who oversee the other parts of Oban Bay on behalf of public bodies to ensure that marine risk is managed.
Why the Council?
Addressing the safety issues by bringing the waters under the management of a SHA as soon as possible is the top priority. The Council already manages a part of Oban Bay and has a wider network of 38 piers and harbours across Argyll and Bute, managed by an experienced team of marine professionals.
This group of marine assets is ultimately governed through the Council’s Harbour Board which is comprised of Elected Members drawn from across the Council area. The Harbour Board meets in public regularly and its minutes are published on the Council website.
Therefore, the Council has an existing operational and governance arrangement in place which makes it well placed to expand its operations in Oban to manage the unmanaged section of the Bay and its approaches.
Isn’t there an Order in place which enables the council to manage Oban Bay now?
No, not the whole of the Bay or its approaches.
So who is currently responsible for Oban Bay?
There are separate Harbour Orders in place for Oban: the North Pier, the Railway Pier and the South Pier. The approaches and most of the waters in the bay are not covered by a local Harbour Act or Order. The responsibility in terms of marine safety for waters outside of harbour limits defaults to the Maritime and Coastguard Agency (MCA).
Will there be any restrictions on vessel movements with a harbour authority? What about the kayakers, dinghies and leisure craft?
The purpose of the proposed Harbour Order is to ensure that all users have safe access within the Bay. There will be new powers allowing the Harbour Master’s team to direct traffic within the Bay to ensure that the bay can function safely for the benefit of all users.
What difference will there be for vessels coming into Oban?
On the face of it, very little. At busy times, in the interests of safety, management of traffic may be required in the form of information, guidance and directions. The Council’s objective is essentially to extend the existing successful operations within its current area of authority, out into the Bay.
What is the process for establishing the Harbour Authority?
There is specific detail on the process in the Delivery Plan which is available here
Will there be a consultation process prior to the formal process taking place?
Yes, that is what this information is provided to support. This consultation runs from Friday 15th July for six weeks and can be completed here online or hard copies are available on request by calling 01546 605514 or visiting one of the Council’s Customer service points [please note these are only open in the morning]
Does the council have the expertise to become a municipal harbour authority?
Yes. The council operates 38 piers and harbours, has 6 municipal harbour authorities already in place, operates 4 ferry services and has an extensive team of Harbour Masters, mariners, design engineers with marine specialisms, lawyers, accountants, back office support, a diverse management team and a multi skilled executive team which provides leadership support. Oban Municipal Harbour will simply be an extension of existing business, benefiting from the systems, expertise and organisational backing that is already well established and in place.
What happens to any income from the harbour authority?
This will follow the Council’s existing arrangements for marine income where it is re-invested in that asset group.
What will be the governance arrangements for the new municipal harbour authority?
All of the Council’s marine assets are ultimately governed through the Council’s Harbour Board which is comprised of Elected Members drawn from across the Council area. The Harbour Board meets in public regularly and its minutes are published on the Council website.
Under the Council’s constitution strategic committees section the Harbour Board is responsible for providing policy direction to officers/others involved in operational management and use of the facilities and for scrutinising implementation of these.
For each of our main harbours we have users groups we consult with regularly on the detailed operation of the harbour. Over the pandemic the meetings of these user groups were postponed – we are in the process of re-establishing these useful meetings.
I have a mooring within the wider bay how will I be affected?
There will be no change to the existing arrangements.
Will the sailing club still be able to train and race in the bay?
Absolutely. The Bay will remain open for all users to enjoy safely.
Will there be timed restrictions where boats will not be able to enter or leave the Bay?
The current Code of Practice augments the maritime ‘Rules of the Road’ and the Harbour Master’s team will continue with and build on those procedures.
Will there be a speed limit within the Bay?
Yes. All vessels are required to proceed at a safe speed but to clarify and prevent accidents or damage the present 10 knots and 6 knots speed limits work well.
Has the council any plans to make any future developments
There is a proposal being presented to the Council’s Harbour Board in August to progress a business case to extend the existing North Pier berthing face.
This is a valuable strategic asset to Argyll and Bute and is in high demand from commercial vessels. An increased berthing capability would provide a greater number of options, and would continue to support key sectors like aquaculture, while at the same time providing increased landing capability for salt deliveries which are used to maintain our winter salt stocks and ensure that Argyll and Bute remains open for business.
4. PROPOSED LIMITS
Below are the proposed Argyll & Bute Council limits for Oban Harbour. It should be noted that these are proposed limits and may change as we carry out technical assessment work on vessel traffic patterns and marine risk.
The CMAL area around the Railway pier has been left out of the chart but will be nested within the larger Municipal area.
The area enclosed by the northern boundary includes the No 1 and No 3 anchorages which are marked with the magenta anchor symbols.
The southern limit extends to beyond the CFL ferry service to Kerrera.
KEY FOR CHARTS
| Mark | Image | Description |
|---|---|---|
| Purple line | Indicate the limits of the proposed harbour limits | |
| Star points | Indicate the points on the boundaries which define the limits |
Figure 1: Proposed Northern Limits including the ‘Outside Anchorages’
Figure 2: Overview of proposed limits
Figure 3: Proposed Northern Limits including the ‘Outside Anchorages’
Figure 4: Proposed Southern Limits including approaches to Kerrera Ferry
5. NAVIGATIONAL RISK ASSESSMENT [NRA]
In order to underpin the Harbour Revision Order (HRO), an NRA is being undertaken to understand the current level of marine risk and proposed mitigation for reducing the risk. The NRA will be reviewed by the Maritime and Coastguard Agency (MCA) as the competent authority with a marine safety remit for Oban Bay (as most of the area is currently outside of a statutory harbour area).
Following industry guidance, we are conducting a vessel traffic survey of 28 days, split into two separate 14 day periods, the first of these being the last two weeks in July due to the anticipated traffic in Oban Bay during this busy period and the second will be in a winter off-peak period.
As part of the data collection method, ABPmer [working on behalf of the Council], will consult with local operators to obtain anecdotal information on vessel traffic routeing and activity levels. The aim of this additional consultation will be the quantification of vessel traffic data, especially for vessel moves that may not occur during the 14 day onsite observations.
This wider public consultation is in addition to the NRA stakeholder engagement, which will be scheduled separately following the Marine Traffic Data Collection exercise.
6. PROTECTED PROVISIONS
The process of Argyll and Bute Council becoming the Statutory Harbour Authority (SHA) for the larger Oban Bay will result in a legal document called a Harbour Revision Order, which is a piece of legislation governing a port. It is made as a Scottish Statutory Instrument under the 1964 Harbours Act (1964 Act) by Scottish Ministers.
A Harbour Order can exist for some considerable time (some are over 100 years old) and Oban is a vibrant developing harbour, so it’s important for Argyll and Bute Council and Transport Scotland to focus the Powers, Duties and Provisions included in the Order on what will remain important in years to come, irrespective of day to day changes and operational requirements.
It is also important that the Powers asked for, the Duties undertaken and the Provisions extended to our harbour users cover what we all need for the harbour to continue to thrive and prosper year on year, therefore a separate policy document should be put in place that includes and protects other provisions and can adapt to the needs of the harbour users without the need to make a new Order.
The Council will also consult on the policy document once the formal Order is submitted.
Many of the Powers, Duties and Provisions are relatively ‘standard’ and form the basis of many Harbour Orders and others we will include in the separate policy document. Some of them are listed below with a brief explanation.
The below points are for discussion for possible inclusion in the Order.
- To define clear limits for the Harbour Authority and jurisdiction.
- To use Latitude and Longitude positions to define the area, which makes for efficient plotting for users.
- To use the High Water Mark and / or clear land boundaries in defining limits.
- Define the extent of the Authorities undertaking.
- Define the purpose of the Harbour Authority.
- Definition in terms of Marine Safety, Conservancy, operation of quayside and harbour facilities.
- Duties.
- Open Port Duty. To keep the Harbour open for shipping and unshipping of goods and the embarkation and landing of passengers on payment of rates. (ref: Harbours, Docks and Piers Clauses Act 1847).
- Facilitate Customs and Border Agencies requirements.
- Exemptions granted to Crown and Sovereign Vessels.
- Comply with relevant sections of the Environmental Act 2021.
- Comply with relevant sections of the Harbours Act 1964.
- Facilitate under the Merchant Shipping Act, Northern Lighthouse Board to lay down buoys, or alter buoyage or beacons in the area.
Included below are other elements with reference to relevant sections of the Harbours, Docks and Piers Clauses Act 1847 (HDPCA 1847) and Harbours Act 1964.
- Harbour Dues
- Under the 1964 Act, the Authority as the SHA may recover 'ship passenger and goods dues'.
- An all-encompassing ‘Ship’ Definition and one covering ‘used in navigation’.
- Other charges to cover marine services.
- Enforcement for non-payment of dues
- The power to distrain for non-payment of ship dues in HDPCA 1847.
- Works powers
- Powers to ‘improve the harbour and may from time to time construct, maintain, alter, or improve’.
- Powers to licence others to carry out works.
- Dredging powers
- Powers to ‘deepen, dredge, scour and excavate any portion of the harbour to the extend necessary to secure a sufficient waterway for vessels using the same’.
- Byelaws
- Powers under the HDPCA 1847.
- Special Direction
- Powers under the HDPCA 1847.
- Definition of Harbour Master allowing delegation to all Deputies, Assistants, or officers of the Authority including vessel traffic and patrol officers.
- General Direction
- To be issued, subject to agreement and consultation.
- General Directions to be issued in an emergency in the Bay.
- Harbour Master Powers
- Boarding of vessels.
- Search, removal, notification of details.
- Abandoned, Sunk and Dangerous Vessels
- Powers to recover money from owners.
- Powers to take action, disposal of wrecks or dangerous derelicts.
Other examples of Provisions to be considered for users are listed below.
- Weather limits. All vessels react differently in worsening conditions and mariners must take into consideration prevailing circumstances and conditions when making decisions. Rather than be rigidly defined, weather limits should be defined by risk assessment.
- Speed limits. Every vessel is required to proceed at a safe speed but to clarify and prevent accidents or damage the present 10 knot and 6 knot speed limits work well.
- Identification devices (AIS) required by larger and commercial vessels. Not only does this system enhance safety and security it also gives valuable traffic data used to evolve the management of vessels in the Bay.
- Protection of Lifeline Ferry Service timetables. This will help ensure our island communities have a service they can rely on for School, NHS, work and other needs.
- Port user and stakeholders to be equally consulted on and advise the Authority on the following matters as a minimum (at least 6 monthly meetings).
- Navigational Safety
- Operational Directions and changes
- Harbour developments & moorings
- No charges on recreational craft entering or transiting the Bay.
- The Authority Marine Safety Management System (MSMS) as required by the Port Marine Safety Code (PMSC) is implemented as a priority and is, as far as practicable, compatible with other MSMS being operated in the Bay.
- Safe operations in the Bay should incorporate and build upon the good progress made with the Oban Bay Management Group’s (OBMG) Code of Practice.
7. DRAFT HARBOUR REVISION ORDER
Read the Draft Harbour Revision Order here
If you have any questions about the consultation please email us at: MarineConsultation@argyll-bute.gov.uk