Byelaws

Part 1 - Preliminary1.

1. Title and Commencement

These Byelaws may be cited as the Neath Port Authority Byelaws 2020.

They shall come into force 28 days after the date of confirmation thereof by the Port Authority.

2. Application

These Byelaws shall Apply to all parts of the Harbour limits of jurisdiction which are defined in the acts constituting the Neath Harbour Commissioners. Those parts of the river, estuary and Harbour of the Neath (Admiralty Chart 1166) from Aberdulais weir downward to a straight line drawn across Swansea Bay from Port Talbot Pier to Black Pill, and shall extend along high water mark of spring tides to a point distance of two thousand, two hundred and eighty six metres from Black Rock and shall include the area comprised within imaginary straight lines drawn in a south south-west true bearing from the termination of those respective distances to the first mentioned straight line and all lands or waters upon, over, or through which any Byelaws are authorised to be made.

3. Interpretation

The following words and expressions shall have the following meanings:

"The Act"

The Act” means The Neath Harbour Act 1874 and every relevant revision or amendment of it.

"COLREGS"

means the Merchant Shipping (Distress signals and prevention of collisions) Regulations 1996 (S.I. 1996/75 as amended).

"Consent"

means prior verbal consent by the Harbour Master, save where these Byelaws expressly state that prior written consent is required.

"Emergency"

means any sudden unforeseen occurrence requiring immediate action.

"Gross Tonnage"

means the gross tonnage recorded on a vessel's Certification of Registry.

"Harbour Authority"

means The Neath Port Authority as defined in The Neath Harbour Act 1874 and every subsequent amendment or revision of it including the 2009 Revision (Constitution) Order.

"Harbour Master"

means any person as such appointed by the Neath Port Authority under section 51 of the Harbours, Docks and Piers Clauses Act 1847, and includes his deputies, assistants and other employees of the Neath Port Authority for the time being authorised by the Neath Port Authority to act, either generally or for a specific purpose, in the capacity of Harbour Master.

"Hovercraft"

means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include ground, water or other surface beneath the vehicle.

"Hydrofoil"

means a vessel which has a structure attached to the hull of the vessel that raises all or part of the hull out of the water when the vessel is in motion.

"LOA"

length overall.

"Master"

means any person for the time being having or taking the command, charge or management of a vessel or pontoon.

"Moored"

when used in relation to a vessel, or pleasure craft or pontoon means:

(a) made fast to a mooring chain, mooring pile or mooring buoy either ahead or astern or both: or

(b) secured alongside any other vessel, or pleasure craft or pontoon so moored: or

(c) secured both ahead and astern by anchors.

"Mooring"

includes any berth, pile, pontoon or other like structure, anchor cable or other tackle intended for the securing of vessels.

"Owner"

when used in the relation to a vessel, means any owner, part owner, lessee, broker, charterer (including but not limited to a charterer by demise), or mortgagee of the vessel or agent or broker acting for or on behalf of any owner, part owner, lessee, charterer or mortgagee in possession or other person entitled to possession of the vessel.

"Person"

includes an individual, corporation, club, company and any other legal entity.

"Pleasure Craft"

means a canoe, windsurfer board, kite board, jet ski, water bike, rowing boat, water ski, wake board, or dinghy sailing boat or other crafts which are similar to the foregoing.

"Port Marine Safety Code"

means the code published by the Neath Port Authority approved by the Maritime and coastguard agency.

"Private Berth"

means any quay owned by a private operator which is within the Port's jurisdiction.

"Quay"

means any quay, wharf, jetty, dolphin, landing stage, slipway or other structure used for berthing or mooring vessels and includes any pier, bridge, roadway or footway adjacent and affording access thereto.

"Small Vessel"

means a pleasure vessel of less than 5 metres in length overall.

"Under Way"

means when the vessel or pleasure craft is not at anchor or moored or made fast to the shore or aground and includes a vessel which is dragging her anchor on the ground.

"Vehicle"

means any machinery on wheels or caterpillar tracks, trailers, caravans, mobile homes, hovercraft or any amphibious vehicle.

"Vessel"

means every description of craft of every kind and shall include but not be limited to all ships, boats, lighters and craft (whether with or without the means of propulsion) used or capable of being used as a means of transportation on the water, nondisplacement craft, houseboats when used in navigation, hovercraft, seaplanes, hydrofoils, wing in ground effect craft, inflatable boats, personal water craft, kite surfers, wind surfers, surf boards, rafts, dinghies, kayaks and canoes.

Part 2 - Navigation:

Vessel Details

The owner of any vessel within the Harbour limits shall on demand of the Harbour Master declare to him the following particulars:

• Name of vessel
• Position in port
• Length overall
• Gross tonnage
• Name & Address of owner
• Name & Address of master
• Name & Address of agent provided one has been appointed.

Vessel Movements

The master of a vessel which normally trades to sea shall give prior notice to the Harbour Master of the vessel’s entry into or departure from the port, and any other movement within the port.

The master of a vessel which does not normally trade to sea, excluding vessels under 12m in length, shall on arrival at or departure from the port, give prior notice to the Harbour Master.

Change of vessel’s ownership

The owner of any vessel, with the exception of small pleasure craft, vessels within the confines of the MCSC to include the tyre wall but not excluding river moorings, within harbour limits shall immediately inform the Harbour Master when the ownership of the vessel changes and shall provide the name and address of the owner.

Responsibility for Navigation

The master of a vessel or user of pleasure craft shall not cause or permit the vessel or pleasure craft to be moved, navigated, moored, anchored, beached, secured or used in any other manner in the Port of Neath areas whilst in an unsafe or unseaworthy condition except as is necessary for the vessel’s or pleasure craft’s safety or that of the crew.

Vessels and Pleasure Craft to Navigate with care

The Master shall navigate his vessel with such care and caution and at such speed and in such a manner as to not to endanger the lives of or cause injury to persons or damage to property and as not to interfere with the navigation, manoeuvring, loading or discharging of vessels or with moorings, river banks or other property.

Obstructions

The master of a vessel or user of pleasure craft:

(a) Which is adrift, missing from moorings, in danger of sinking, grounding or has sunk become grounded, or

(b) Which is towing or manoeuvring another vessel or pleasure craft which sinks, or:

(c) Which gives rise to an obstruction to navigation shall notify the Harbour Master as soon as practicable and provide full written details of any such incidents, including the position of the vessel or pleasure craft, and other information the Harbour Master may require.

The Master of a small vessel whether under power or sail which is not confined to the main channel shall not make use of the channel so as to cause obstruction to other vessels which can only navigate only within the channel and shall give such vessels a clear course and as wide a berth as safe navigation requires.

Removal costs occurred by any of the above said crafts will be the responsibility of the vessel owner.

Power Navigation in the Tidal Stream

The master of a power driven vessel navigating against a tidal stream shall if necessary slacken speed or stop his vessel so as to allow any vessel navigating with the stream to pass clear of his vessel.

Vessels Navigating Against the Tide

The master of a power driven vessel or a vessel under oars navigating against the tide must, when approaching or passing under a bridge, or when approaching or rounding a bend in the river, navigate with caution and prepare to stop to avoid risk of collision with another vessel that is navigating with the tide.

A power driven vessel or a vessel under oars intending to turn about must, before commencing to do so, ensure that the fairway is sufficiently clear for the manoeuvre as to not endanger or not to impede any vessel.

Navigational Aids

No person shall without lawful excuse alter, tamper with or remove any light, fog signal, buoy, beacon, mark, radar reflector or other object within or adjoining the harbour used as an aid to navigate in the harbour.

Vessels not to be made fast to Navigation Buoys or Structures

The master of a vessel shall not make fast his vessel to or lie against any buoy, beacon, mark, post or light float used for navigation.

Notification of Collisions

The master of a vessel which:

(a) Has been involved in a collision with any vessel or property, or has been sunk or grounded or become stranded in the port: or

(b) By such reason of accident, fire, defect or otherwise is in such a condition as to affect its safe navigation or to give rise to danger to other vessels or property: or

(c) In any manner give rise to an obstruction to the channel:

shall forthwith report the occurrence to the Harbour Master (and as soon as practicable thereafter provide the Harbour Master with full details in writing)

And where damage to a vessel is to such affect or be likely to affect its seaworthiness, the Master shall not move the vessel except to clear the channel or to moor or anchor in safety, otherwise than with the permission and in accordance with the directions of the Harbour Master.

Speed of Vessels and Pleasure Craft

Except for the safety of the vessel or pleasure craft the Master of a vessel or user of a pleasure craft shall not cause or permit the vessel or pleasure craft to exceed the speed limit set from time to time by the Neath Port Authority or those given by Notices to Mariners unless the master of the vessel or user of the pleasure craft has received the prior written consent of the Harbour Master confirming that the speed limit does not apply to a particular vessel.

Restrictions of Certain Vessels and Pleasure Craft

(a) No vessel exceeding 22 metres in length, shall navigate within the Neath Port Authority area without the prior written consent of the Harbour Master.

(b) No Hovercraft shall navigate within the Neath Port Authority area without prior written consent of the Harbour Master.

(c) No Hydrofoil shall navigate foil-borne within the Neath Port Authority area without the prior written consent of the Harbour Master.

(d) No seaplane or flying boat shall navigate in, alight on or take off from the waters within the Neath Port Authority area without the prior written consent of the Harbour Master.

(e) Vessels, plant or any other floating objects that do not have the ability to steer when under way shall require consent from the Harbour Master to navigate either by towing on the water or by any other means when navigating within the Neath Port Authority area.

(f) No vessel shall navigate upstream of the railway bridge without prior consent of the Harbour Master.

Navigation Under the Influence of Drink or Drugs Prohibited.

No person shall navigate any vessel in the port whilst under the influence of drink or drugs to such an extent as to be incapable of taking proper control of the vessel.

Permission to Dive.

A person must not undertake any diving activity in the Port of Neath, without first obtaining the permission of the Harbour Master.

Any person intending to undertake any diving activity in the Port of Neath must inform the Harbour Master, through the port office, prior to the commencement and on the completion, of any diving activity.

Part 3 – Mooring, Anchoring & Launching of Vessels

Berthing

On the arrival of a vessel at the port the master shall forthwith apply to the Harbour Master for a mooring and shall not change that mooring without his approval.

General Control of Mooring

The mooring and anchoring of vessels shall be subject to the control of the Harbour Master and if the Master of a vessel refuses or delays to move the vessel as directed by the Harbour Master, the Harbour Master may cause the vessel to be moved at the cost of the Master.

The Master of a vessel shall not moor or anchor his vessel so as to impede traffic to and from the river berths and quays which include the main channel.

No person shall lay out an anchor without having a proper buoy attached thereto to mark its position.

Any new proposed moorings will require the approval of the Harbour Master.

The above mentioned will exclude vessels within the confines of the MCSC Marina, and tyre wall moorings.

Vessels to be Properly Berthed

The master of a vessel shall at all times keep his vessel properly and effectively moored whilst berthed or lying alongside a berth/quay.

Provision of Suitable Fenders

The Master of a vessel shall ensure that it is provided with a sufficient number of fenders adequate for the size of the vessel and, when berthing and leaving or laying at the quay or against other vessels, the master shall cause the vessel to be fended off from that quay or those other vessels so as to prevent damage to the quay, those other vessels or other property.

Security of Moorings

The Master of a vessel moving or being moved from its mooring in a tier of vessels shall ensure that the moorings of any other vessel disturbed in the process are made safe.

Access & Egress from Vessels

The Master of a vessel (other than a small vessel) while berthed alongside a quay wall shall provide and maintain a sufficient and proper gangway for the access and egress of all persons having lawful business on the vessel and shall during the hours of darkness provide sufficient lighting to illuminate the whole length of the gangway.

Access Across Decks

The Master of a vessel, not being a vessel carrying dangerous goods, alongside the quay or alongside any vessel already berthed within the port shall, if required to do so by the Harbour Master, give free access across the deck of his vessel for persons and goods to and from vessels berthed alongside his vessel.

Sufficiency Crew

Except with the permission of the Harbour Master, the Master of a vessel which normally trades to sea shall at all times when his vessel is within the port ensure that his vessel is capable of being moved and navigated and that there are sufficient crew or other competent persons readily available:

(a) To attend to his vessel’s moorings

(b) To comply with any directions given by the Harbour Master for the unmooring, mooring and moving of his vessel: and

(c) To deal, so far as reasonably practicable, with any emergency that may arise.

Vessels To Be Kept In Moveable Condition

The Master of a vessel which normally trades to sea, shall not, except where his vessel is lying aground, take any steps to render his vessel incapable of movement without first notifying the Harbour Master and, subject as foresaid, shall at all times keep his vessel so loaded or ballasted and in such conditions that it is capable of being safely moved.

Where any such vessel is at any time not capable of being safely moved by means of its own propulsive machinery, the master or owner shall inform the Harbour Master forthwith and give to him any further information which the Harbour Master may reasonably require.

Use of Engines Whilst Vessels Moored or Berthed

The Master of a vessel which is at a quay or attached to any mooring device shall not permit the engines of his vessel to be worked in such a manner as to cause injury or damage to the quay or to the bed or banks of the port or to any other vessel or property.

Vessels Adrift

The Master of a vessel including small pleasure craft which parts from its moorings shall as soon as possible report the same to the Harbour Master.

Lost Anchors, Cables or Propellers

The Master of a vessel including small pleasure craft which has slipped or parted from or lost any anchor, chain or propeller, shall forthwith give the Harbour Master notice thereof and, if possible, of the position of the anchor, chain, cable or propeller and, if the Harbour Master so directs shall cause it to be recovered as soon as practicable.

The Master of a vessel including small pleasure craft, slipping or parting from an anchor or propeller shall leave a buoy to mark the position thereof.

The Harbour Master has the power to remove lost anchors and/or sunken vessels that are causing an obstruction and will be at the owner’s expense.

Launching of Vessels and Pleasure Craft

Vessels or Pleasure Craft must not be launched from a public landing space without consent of the Harbour Master.

Embarkation & Disembarkation of Fare Paying Passengers

The Master of a vessel or pleasure craft carrying fare paying passengers shall not embark or disembark passengers in the Port of Neath without the prior written consent of the Harbour Master and such passengers may only embark or disembark at a suitable quay or landing stage as directed by the Harbour Master.

Conduct of Regattas, Boat Races, Public Processions etc

No regatta, boat race, public procession or any similar event, shall be conducted in the Port of Neath without the prior written consent of the Harbour Master.

Anchoring

No Vessel or Pleasure Craft shall anchor, moor or remain on swinging grounds with the Port of Neath unless the prior written consent of the Harbour Master is obtained.

Swinging grounds are defined as:

(a) Entrance to the Brunel Dock

(b) Downstream of the M4 motorway bridge

(c) Briton Ferry Wharf (Downstream of wharf)

(d) Briton Ferry wharf (Upstream of wharf)

Removal of Vessels

(a) In the event of an emergency or to avoid damage or injury to any person, vessel, pleasure craft, mooring or other property in the Port of Neath, the Harbour Master may move, remove or arrange the movement or removal of a vessel, pleasure craft or authorised mooring.

(b) Where a vessel or pleasure craft or authorised mooring is removed by the Harbour Master, the Harbour Master shall inform the owner or master of the vessel or user of pleasure craft or mooring of its removal and its new position as soon as is reasonably practicable.

Licensing of Boatmen & Ropemen

The Port Authority shall licence such number of boats as they shall from time to time find expedient under the control of the Harbour Master.

Each boat shall have a crew of 2 boatmen, who shall be licenced by the Port Authority; and all boatmen shall unless previously excused from duty by the Harbour Master, be ready for duty as they are required.

It shall be an offence of a licenced boatmen to ply at a station to which he has not been assigned by the Harbour Master.

The port shall also licence such number of ropemen as they shall from time to time find expedient under the control of the Harbour Master.

It shall be an offence of a licenced ropeman to ply at a station to which he has not been assigned by the Harbour Master.

Part 4 – General

Duty to Assist the Harbour Master

The master of any vessel in the river shall when so required by the Harbour Master afford every reasonable facility to enable the Harbour Master to ascertain whether or not these Byelaws are duly observed.

Inspection

The owner of a vessel shall when so required by the Harbour Master in the exercise of his or her duties afford every reasonable facility to allow access to any part of the vessel or mooring for its inspection and examination by the Harbour Master.

Sirens, Silences & Noise

(a) Without the prior written consent of the Harbour Master a vessel or pleasure craft must not be used in the Neath Port unless the engine is fitted with a silencer suitable for reducing as far as may be reasonable the noise caused by the escape of exhaust gas from the engine.

(b) No person shall sound or use or cause or permit to be sounded or used in the Neath Port a siren, steam hooter, foghorn, distress rocket, or other instrument or appliance for producing alarm signals on any occasion or for any purpose other than in connection with navigation, distress or race control.

(c) No person shall use any electrical or musical equipment resulting in the broadcasting or transmission of any noise, speech or sound to give cause for annoyance to any reasonable person without the prior written consent of the Harbour Master.

Waterborne Activities

No person shall use a Pleasure Craft within the Neath Port area without the consent of the Harbour Master.

No person shall engage in scuba diving or other underwater operations within the Neath Port Area without the consent of the Harbour Master.

Breaking up of Vessels

No vessel shall be broken up, set fire to or destroyed in the Neath Port area except with prior written consent of the Harbour Master, with the exception of vessels within the MCSC Marina but not excluding the tyre wall moorings.

Lights & Fires

No searchlights, floodlights or other similar bright lights or pyrotechnics, other than those used for safe navigation or indicating emergency or distress shall be used without the consent of the Harbour Master.

Open fires of any description are prohibited in the Neath Port area without the prior written consent of the Harbour Master.

Dredging & Structures

No person shall build or cause to be built up any structure nor carry out any dredging or wharf clearing operations including any of the mentioned work at the Monkstone Cruising & Sailing Club, with the exception of the slipway and gate cill area washing down only, without the prior written consent of the Harbour Master.

Repair or Construction of Wharfs or Jetty Structures

No person shall carry out repairs, alterations or construction of wharfs or jetty structures without the prior written consent of the Port Authority.

Dragging or Grappling

No dragging or grappling of any material or article from the river beds of the Neath Port area is allowed without the prior permission of the Harbour Master.

Throwing Stones etc

No person shall throw stones or other similar missiles or use a catapult in the Neath Port area.

Abandonment & Repair of Vessels

No person shall lay up a vessel or pleasure craft on the land within the control of the Neath Port authority and or private berths, with the exception of the Monkstone Marina; without the prior written consent of the Harbour Master.

Unauthorised Trading or Commercial Activity

No person shall engage by way of trade, in buying or selling of any goods or property or conduct or participate in any other commercial activity in the Neath Port area without the written prior consent of the Harbour Master.

Rates & Charges of Private Berths & Marinas

The Neath Port Authority may, from time to time impose charges on berth owners, operators and private mariners for the purpose of supporting the financial running costs of the Port, to include all mandatory obligations imposed on the Port by various organisations, authorities and such Government.

Notification of Outbreak of Fire

In case of an outbreak of fire on board a vessel the Master or persons onboard the vessel or pleasure craft shall;

(a) Take immediate action with the vessel’s or pleasure craft’s firefighting equipment to extinguish the fire (unless it is too dangerous to do so); and

(b) Ensure that the fire brigade and the Harbour Master are notified as soon as practically possible on discovery of the fire; and

(c) Where practically possible, give a continuous warning by sounding the vessel’s or pleasure craft’s siren, whistle or horn.

Prohibition of Meetings

Persons who want to:

(a) Organise or take part in any general or open meeting, demonstration, parade, rally or sit-in; or

(b) Deliver an address to an audience; or

(c) Gather or collect together any persons;

Within the Neath Port area must obtain, at least 7 days prior to the proposed date of the event, the prior written consent of the Harbour Master.

Prohibition on Bills, Placards & Notices

(a) Except with the prior written consent of the Harbour Master no person shall within the Neath Port area publicly exhibit, display, or show any bill, placard, or notice or distribute any leaflet, pamphlet or circular nor attach any such document to or write upon any part of the areas defined as the Neath Port Authority.

(b) If the Authority so directs the person responsible for any breach of Byelaw 48(a) must remove same for the Neath Port area within 5 working days.

Precautions Against Goods Falling into Port Waters

The Master of a vessel and a person undertaking the loading of cargo into, or discharging of cargo from, a vessel shall use or cause to be used such methods as the Harbour Master may direct for the prevention of any cargo, dunnage, ballast or other materials from falling or escaping into the waters of the port.

Discharges into Port

(a) No person shall throw, discharge, or put or permit the discharge or escape of, any fluids or oils, waste, rubbish or other material or thing, whether solid or liquid, into the waters of the port from or at the quays or from any part of the shores of the Port, or from any vessel lying in the Port.

(b) The Master of a vessel or pleasure craft shall take all reasonable precautions to prevent articles or things falling from his vessel into the waters of the Port.

(c) This Byelaw does not apply to the use of a sanitary appliance upon a small vessel having accommodation for 12 persons or less or in respect of the entry into the waters of the port or polluting matter and effluents where such entry is subject to the provisions of any other enactment.

Smoking

No person shall smoke tobacco, e-cigarette, herb or other substance whatsoever in any part of the Port except;

(a) In any covered shelter or covered place designated by the Authority or berth operator as a place, and in accordance with such rules and regulations as the Authority or berth operator may from time to time make; or

(b) In any part of a vessel designated by the Master thereof for the purpose of smoking, not being a cargo space, access thereto or open deck.

Bathing and Swimming

A person must not without the prior permission of the Port Authority, given in writing, and in accordance with such conditions as the Port Authority may attach to any such permissions:

a) Swim (with or without a floatation device) in the River Neath jurisdiction, or:

b) Bathe or swim in any fairway or designated anchorage, or where a notice is displayed by the Port Authority prohibiting bathing or swimming.

This byelaw does not apply to persons:

a) Undertaking diving activity:

b) Engaged in the emergency repair or inspection of vessels or structures.

Part 6 – Miscellaneous

Precautions against Pollution

The Master of any vessel shall take all possible precautions to prevent spillage and pollution either caused by or emanating from his vessel. Any master failing to prevent discharge or leakage or permitting the same, shall be liable for all costs incurred in the cleaning-up and compensation, and shall also be liable to a fine and/or prosecution without prejudice to the generality of the foregoing. Pumping of bilges is specifically prohibited within the Port area and shipside valves should be sealed to prevent discharge. Any form of pollution shall immediately be reported to the Harbour Master. No vessel may take bunker oil or discharge waste oil before advising the Harbour Master. The polluter will be responsible for any clean up costs.

Towage

The Harbour Master shall regulate the manner in which any towage is carried out within the port areas. All towage is subject to prior approval from the Harbour Master, with the exception of vessels under 12m LOA.

Vessels not to be fumigated without permission

No person shall cause or permit a vessel to be fumigated without the prior permission of the Harbour Master.

Commercial vessel coding (workboats)

All commercial vessels operating within the limits of the port are required to be duly licensed accordingly, i.e., under an approved licensing authority as directed by the Maritime or Coastguard Agency.

Part 7 – Penalties

Any person who contravenes or otherwise fails to comply with any of these Byelaws or any condition, requirement or prohibition imposed by the Harbour Master, or by an authorised officer, as the case may be, in the exercise of the powers conferred upon him or her by these Byelaws shall be guilty of an offence and liable, on summary
conviction to a fine not exceeding £250.

In the case of a continuing offence, to a fine not exceeding £100 for each day on which the offence continues after conviction.

Part 8 - Investigations

The Harbour Master or an Authorised Representative of the Port Authority may carry out such investigations, take such statements, make such enquiries and seek such information as may be deemed necessary for the purposes of carrying out his functions of Harbour Master and under these Byelaws, including, but not limited to, any accident, fire, environmental or polluting incident or potentially polluting or contaminating incident arising within the port jurisdiction.

Part 9 - Revocation of Existing Byelaws

From and after the date of the coming into force these Byelaws, the following Byelaws shall be revoked:

Neath Harbour Commissioners General Byelaws October 1988