Develop and operate marine enforcement policy

URN: PSSHM104
Business Sectors (Suites): Harbour Masters
Developed by: Port Skills & Safety
Approved on: 30 Jul 2020

Overview

​This standard covers the competence required to develop and implement a marine enforcement policy. 

It includes: the development and operation of a marine enforcement policy; promulgation of the policy to stakeholders; enforcement, including prosecution and administrative action.

The role requires the interpretation and application of, and compliance with, relevant international and national regulations; local legislation; codes of practice, standards, frameworks and industry guidance

Target Group
This standard applies to individuals who have a duty to facilitate the safe and efficient use of the harbour and use powers conferred by national legislation and local regulation.

Typically, this will be the Harbour Master or Authorised Deputies with delegated powers.

Note that in this NOS, unless otherwise specified, the term port may also mean harbour.  However, the term harbour does not necessarily mean port.


Performance criteria

You must be able to:

  1. ​develop an Enforcement Policy in line with statutory and local powers that incorporates:

    1. stakeholder consultation
    2. industry good practice
  2. operate an Enforcement Policy in line with statutory and local powers and industry good practice including:

    1. collect evidence and take statements
    2. take enforcement action up to criminal prosecution
    3. initiate criminal prosecution
  3. promulgate the port marine Enforcement Policy to potentially affected stakeholders

  4. review an Enforcement Policy in line with statutory and local powers and industry good practice
  5. enforce relevant legislation and take legal and/or administrative action in line with the requirements of that legislation
  6. cooperate with enforcement agencies to implement effective marine enforcement
  7. maintain appropriate auditable records in line with data protection principles

Knowledge and Understanding

You need to know and understand:

1. international and national regulations, local legislation, codes of practice, standards, frameworks and industry guidance  2. the enforcement powers of the harbour master as conferred by national and local legislation 3. how to use nationally and locally conferred powers to enforce marine policy 4. the purpose, powers and working practices of statutory and other organisations that may be concerned with marine enforcement  5. the nature of the interaction between the port and statutory or other organisations, including the extent of the port’s obligation to cooperate on marine enforcement matters     6. current port marine legislation (national and international) under which the harbour master might be required/able to take enforcement action 7. current national guidance on: 1. enforcement 2. public consultation 3. initiating criminal prosecutions 4. standards of evidence 5. taking into account the Public Interest 6. publishing plans and policies 8. the typical principles, content and format of an Enforcement Policy and how to produce one 9. who the appropriate marine enforcement policy stakeholders are 10. the methods used to promulgate findings and recommendations to stakeholders 11. how to collect evidence and take statements 12. how to initiate criminal prosecutions 13. how to maintain auditable records in line with data protection    principles 14. enforcement options available as an alternative to prosecution

Scope/range


Scope Performance


Scope Knowledge


Values


Behaviours


Skills


Glossary


Links To Other NOS


External Links


Version Number

3

Indicative Review Date

31 Jul 2025

Validity

Current

Status

Original

Originating Organisation

Port Skills and Safety

Original URN

PSS HM104

Relevant Occupations

Harbour Masters, Harbour Masters and those with delegated Harbour Master powers

SOC Code

1241

Keywords

safe and efficient use of the harbour, harbour, marine, port, harbour master deputy harbour master, risk assessment, policies, delegation of harbour master powers, assistant harbour master