Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Annexes

Annex 2 - Security plans

Part 2 - Maritime Security Plans

Division 4 - Port service providers

Subdivision 1 - Matters to be dealt with in plan

Purchase

40.	Port service provider details

A maritime security plan for a port service provider must be accompanied by a document setting out the following information:

(a)	name of the port service provider;

(b)	contact details for the port service provider;

(c)	name of the Chief Executive Officer of the port service provider,

(d)	name of each security regulated port in which the port service provider is located or operates;

(e)	name or position of the person who is to be the PSPSO for the port service provider,

(f)	a single 24-hour fixed-line or mobile telephone number for the PSPSO.

41.	Details of other maritime industry participants

A maritime security plan for a port service provider must be accompanied by a

document setting out the name of, and contact details for—

(a)	each PSO of the security regulated port in which the port service provider is located or operates; and

(b)	each port operator for, and port facility operator and port service provider conducting operations within, the security regulated port in which the port service provider is located or operates.

42. Security assessments

In addition to the matters required by item 11, a security assessment for the operation of a port service provider must include the following matters:

(a)	a statement outlining the risk context or threat situation for the port service provider;

(b)	identification and evaluation of important assets, infrastructure and operations that need to be protected;

(c)	identification of possible risks or threats to assets, infrastructure and operations, and the likelihood and consequences of their occurrence;

(d)	identification of existing security measures, procedures and operations;

(e)	identification of weaknesses (including human factors) in the infrastracture, policies and procedures;

(f)	identification, selection and prioritisation of possible risk treatments (for example, counter measures and procedural changes that need to be implemented) and their effectiveness in reducing risk levels and vulnerabilities.

43.	PSPSO qualifications and responsibilities

A maritime security plan for a port service provider must set out—

(a)	the knowledge, skills and other requirements for the PSPSO;

(b)	the training or qualifications that satisfy the requirements mentioned in paragraph (a); and

(c)	the training that must be given to the PSPSO.

44.	Other personnel with security role

(1)	A maritime security plan for a port service provider must identify, by reference to their positions, port service personnel with, or who have been assigned, security duties and responsibilities in addition to those of the PSPSO.

(2)	The security duties and responsibilities of personnel so identified must be set out in the plan, together with—

(a)	the knowledge, skills and other requirements for the security-related aspects of their positions;

(b)	the training or qualifications that satisfy the requirements mentioned in paragraph (a); and

(c)	the training that must be given to such personnel.

45.	Matters that must be in plan

A maritime security plan for a port service provider must address, in addition to the matters inquired by item 12, the following matters:

(a)	measures to prevent the introduction of unauthorised weapons or prohibited items into each security regulated port in which the port service provider is located or operates, or on board ships being served by the provider;

(b)	measures to prevent unauthorised access to the land under the control of the port service provider, to any security zones established within the boundaries of that land and to vessels operated by the provider,

(c)	procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations of the port service provider;

(d)	procedures for responding to any security directions given by the Director-General;

(e)	procedures for evacuation in case of security threats or breaches of security;

(f)	procedures for drills and exercises associated with the plan;

(g)	procedures for interfacing with ship security activities;

(h)	procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port service provider,

(i)	procedures for reporting occurrences that threaten the security of the port service provider;

(j)	measures to ensure the security of the information contained in the plan;

(k)	measures to ensure security of passengers, cargo and cargo handling equipment wider the control of the port service provider;

(l)	procedures in case the ship security alert system of a ship is activated while in the security regulated port.

46.	Consultation

A maritime security plan for a port service provider must set out, for the purpose of coordinating security-related activities, a mechanism for consultation—

(a)	between the provider and each port operator for the security regulated port in which the port service provider is located or operates;

(b)	between the provider and each port facility operator and port service provider conducting operations within the security regulated port in which the port service provider is located or operates;

(c)	between the provider and any other stakeholder who may be affected by the implementation of the plan; and

(d)	between the provider and its employees (or their representatives), regarding security measures and procedures to be implemented.

47. Maritime security level 1

A maritime security plan for a port service provider must set out, in relation to maritime security level 1—

(a)	the security measures, identified in the security assessment for the operation, for implementation at that level;

(b)	the measures that have been implemented;

(c)	a schedule for implementing the measures that have not been implemented; and

(d)	any interim measures that will be implemented until the measures mentioned in paragraph

(c)	are fully implemented.

48.	Maritime security levels 2 and 3

A maritime security plan for a port service provider must set out, in relation to

maritime security levels 2 and 3—

(a)	the security measures identified in the security assessment for the operation, for implementation at those levels; and

(b)	the additional security measures that the provider will implement if the Director-General declares that maritime security level 2 or 3 is in force for the port.

49.	Declarations of security

A maritime security plan for a port service provider must provide for—

(a)	the circumstances in which the provider will request a declaration of security with a ship;

(b)	the procedures for negotiating the security measures and responsibilities of the provider and of the ship in those circumstances; and

(c)	how security measures identified in a declaration will be implemented to ensure compliance by the provider and the ship with their security plans and with the declaration.