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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 2 - Port operators

Subdivision 1 - Matters to be dealt with in plan

 

16. General

 

A maritime security plan for a port operator must cover all matters of ship/port interface—

(a) that are to be conducted within the security regulated port; and
(b) that are not covered by a maritime security plan for any other maritime industry participant that conducts operations within, or in connection with, the security regulated port.

 

17.        Port operator details

 

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

(a) name of the port operator;
(b) contact details for the port operator;
(c) name of the Chief Executive Officer of the port operator;
(d) name of the port for which the port operator has been designated;
(e) name of the port's harbour master;
(f) contact details for the harbour master;
(g) name or position of the person who is to be the PSO for the port;
(h) a single 24 -hour fixed -line or mobile telephone number for the PSO.

 

18.        Security assessments

 

In addition to the matters required by item 11, the security assessment that must be included in a maritime security plan for a port operator must include the following matters:

(a) a statement outlining the risk context or threat situation for the port;
(b) identification and evaluation of strategically 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 gaps in port-wide security arrangements, including gaps arising from port infrastructure, human factors, 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.

 

19. Port security officer qualifications and responsibilities

 

A maritime security plan for a port operator must set out—

(a) the knowledge, skills and other requirements for the PSO;
(b) the training or qualifications that satisfy the requirements mentioned in paragraph (a); and
(c) the training that must be given to the PSO.

 

20. Other personnel with security role

 

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

 

(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.

 

21. Matters that must be in plan

 

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

(a) measures to prevent unauthorised access to any security zones established in the security regulated port;
(b) procedures for responding to security threats or breaches of security, including procedures for maintaining critical operations in the port;
(c) procedures for responding to any security directions given by the Director-General;
(d) procedures for evacuation of the port in case of security threats or breaches of security;
(e) procedures for drills and exercises associated with the plan;
(f) procedures for interfacing with ship security activities;
(g) procedures for modifying the plan to correct deficiencies or to update the plan to take into account changes to the port;
(h) procedures for reporting occurrences that threaten the security of the port;
(i) measures to ensure the security of the information contained in the plan;
(j) procedures in case the ship security alert system of a ship is activated while at the security regulated port;
(k) procedures for ensuring that the security of the port will be maintained in exceptional circumstances such as the presence of a ship in distress or of a ship seeking a place of refuge.

 

21A. Security of port in exceptional circumstances

 

(1) A maritime security plan for a port operator must set out a mechanism for consultation—
(a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security-related activities; and
(b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented.

 

(2) A maritime security plan for a port operator must set out how the port operator will give notice in terms of regulations 23(2) and 27(2).

 

22. Consultation and communication

 

(1) A maritime security plan for a port operator must set out a mechanism for consultation—
(a) between the port operator and each of the maritime industry participants conducting operations within the security regulated port, for the purpose of coordinating their security-related activities; and
(b) between the port operator and its employees (or their representatives) regarding security measures and procedures to be implemented.

 

(2) A maritime security plan for a port operator must set out how the port operator  will give notice in terms of regulations 23(2) and 27(2).

 

23. Maritime security level 1

 

A maritime security plan for a port operator 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.

 

24. Maritime security levels 2 and 3

 

A maritime security plan for a port operator must set out, in relation to maritime security levels 2 and 3, the additional security measures that the operator will implement if the Director-General declares that maritime security level 2 of 3 is in tome for the port.

 

 

25. Declarations of security

 

A maritime security plan for a port operator must provide for—

(a) the circumstances in which the operator will request a declaration of security with a ship;
(b) the procedures for negotiating the security measures and responsibilities of the operator and of the ship in those circumstances; and
(c) how security measures identified in a declaration will be implemented to ensure compliance by the operator and the ship with their security plans and with the declaration.