The Act Schedule 1: Safety directions Paragraph 2
11.This paragraph confers a power on the Secretary of State to give directions to landowners to make land or certain facilities used by ships (e.g. berths, wharves, jetties etc.) available in order to reduce or prevent risks of pollution and risks to safety. The power can be exercised where an accident to or in a ship has created a risk to the safety of persons, property or anything navigating in or using United Kingdom waters, or a risk of pollution by a hazardous substance.
12.Although the powers under sections 100C and 137 of the 1995 Act (which are replaced) enabled the Secretary of State to direct the action to be taken by a ship involving danger of pollution, or of harm to people and property, they did not give him power to require land or facilities such as berths, wharves and jetties to be made available in cases involving a safety or pollution risk. It may, for instance, be necessary or appropriate for a ship in danger to make use of facilities for berthing and repair, or for the landing of passengers or discharge of potentially polluting cargoes. Under the 1995 Act powers being replaced by this Act such use depended on the agreement of the harbour authority or landowner, and in at least one case where such facilities were urgently required that agreement was not forthcoming.
13.In his report on the Sea Empress disaster at Milford Haven, ("Review of Salvage and Intervention and their Command and Control", published in 19991) Lord Donaldson recommended that the Secretary of State be given power to give directions to riparian owners and managers of facilities such as berths, wharves and jetties. In so far as these provisions relate to the prevention or reduction of pollution, the proposals set out below implement that recommendation.