Memorandum from the Broads Authority (DMNB
05)
This memorandum is in response to The House
of Commons Transport Committee call for evidence into the Government's
draft Marine Navigation Bill which was published on Tuesday 6
May 2008.
1. INTRODUCTION
The Norfolk and Suffolk Broads have the same
status and level of protection as that afforded to the national
parks and is a full member of the national park family. It is
also the third largest inland navigation area in the United Kingdom
and is administered by the Broads Authority.
The Broads Authority, established by Norfolk
and Suffolk Broads Act 1988, is designated a "Special Statutory
Authority" with tailor-made legislation relating to navigation
including its designation as a statutory harbour authority. It
has three general duties, the first two, identical to the English
and Welsh national parks, to manage the Broads for the purposes
of:
(a) conserving and enhancing the natural
beauty, wildlife and cultural heritage of the Broads;
(b) promoting opportunities for the understanding
and enjoyment of the special qualities of the Broads by the public;
and
The third of:
(c) protecting the interests of navigation.
The Authority balances the navigational duties
and powers of a harbour authority with the conservation and recreational
duties and powers of a National Park authority and planning powers
of a local authority.
The nature of the boat traffic is now entirely
leisure based. The last significant cargo vessel to the visit
the Port of Norwich was in the late 1980s and the small oil tanker
taking fuel oil to the Cantley sugar beet factory has not operated
in recent years. The management of the navigation area therefore
faces very different issues from those in the bigger ports and
this needs to be taken into account.
The Authority supports in principle the Government's
proposals in the Draft Marine Navigation Bill and in particular
two provisions of particular relevance to the Broads, one, dealing
with General Directions, and the other, with qualifications required
by harbour masters. The key issue for the Authority is that these
proposals need to be proportionate and reflect the different needs
of very different harbour authorities.
2. PORT MARINE
SAFETY CODE
The Broads Authority has implemented the Port
Marine Safety Code, carrying out risk assessments of all relevant
activities and implementing a safety management system.
3. BROADS AUTHORITY
BILL
The Authority is currently promoting a private
bill through Parliament whose main aim is to improve public safety
on the water. Promoting a Private Bill has not been a course of
action that the Authority has chosen lightly. But, after many
years of discussion with Government officials it became clear
that this was the only route open to the Authority if a series
of important safety matters were to be addressed.
The Authority carried out extensive consultations
with a wide range of bodies prior to the deposit of the Bill in
November 2006. It had its 2nd Reading Debate in the House of Commons
on 25 April 2007 and was considered in committee on 17 and 18
July 2007. The Bill had its 1st Reading in the House of Lords
on 7 May. It is anticipated that it will have its 2nd Reading
this summer and the committee stage will be held in the Autumn.
The Bill includes a number of general provisions
designed to improve safety on the Broads waterways and to ensure
that these waterways are managed effectively in the interest of
all users. The need for additional powers has been highlighted
by the requirements of the Port Marine Safety Code and specific
incidents.
Amongst other things the Bill will allow for
the introduction of a comprehensive licensing scheme for hire
boats across the Broads; third party insurance for boats; the
issuing of general directions for safety purposes; the ability
to keep the Boat Safety Scheme (equivalent to a car MoT) in line
with the national system and extend it to adjacent waters; and
powers to manage and control water skiing and wake boarding.
The Authority has worked hard to get agreement
on the provisions in the Bill and made significant amendments
to meet the concerns raised by a range of organisations and individuals.
In particular over the last two years the Authority has worked
closely with the national boating organisations, the Royal Yachting
Association, the British Marine Federation and the Inland Waterways
Association on developing and refining the Bill, and the Authority
has reached agreement with the three organisations on the Bill's
provisions. The Authority's ambition is to bring some of the key
safety provisions into force in time for the 2009 visitor season.
4. GENERAL DIRECTIONS
The Authority fully supports the provision in
the Draft Marine Navigation Bill that there should be a power
to confer the ability to make General Directions on Harbour Authorities.
The Authority has reached agreement with the national boating
organisations over clauses in its Private Bill which it is proposed
will give such a power to the Broads Authority with a scope and
set of procedures to suit the particular circumstances in the
Broads.
5. QUALIFICATIONS
REQUIRED BY
HARBOUR MASTERS
For the purposes of the Broads the harbour master
is the Navigation Officer and, while there is a degree of similarity
between the qualifications required to run a major port and overseeing
the Broads navigation, clearly there is a difference in scale
and nature and it is argued that the "qualification regulations"
proposed in the Draft Bill will need to be able to accommodate
those different requirements.
June 2008
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