Consultation outcome

The Harwich Haven and Walton Backwaters (Application of the Pilotage Act 1987) Order 2020

Updated 29 October 2020

Executive summary

An aerial photograph of Oakley Creek taken in 2015 with Oakley Creek Berth clearly marked.

Figure 1. An aerial photograph of Oakley Creek taken in 2015 with Oakley Creek Berth clearly marked

This document summarises responses to the Department for Transport’s (DFT) consultation [footnote 1] on the draft Harwich Haven and Walton Backwaters (Application of The Pilotage Act 1987) Order 2020 and notes the Secretary of State’s decision, following unanimous support from respondents, to bring the order into force.

Following a review, Harwich Haven Authority, in its role as a Competent Harbour Authority (CHA), applied to DfT to extend its existing area of voluntary pilotage to include the westernmost areas of Hamford Water and Oakley Creek known as the Walton Backwaters.

Any extension requires the Secretary of State to make an order under section 1(3)(a) of the Pilotage Act 1987.

The consultation, held between 11 September and 9 October 2020, sought comments on the authority’s proposal and a draft of the order to assist the Secretary of State in making a final decision on the application.

2 responses were received, neither objecting to the proposal.

The Secretary of State has, therefore, decided to bring the order into force as soon as possible.

Consultation

The consultation outlined the legislative background to maritime pilotage, the powers of a CHA, summarised the authority’s application and explained the issues the Secretary of State had considered and why, subject to the views of stakeholders, he was minded to make the order. It also contained a draft of the order to enable respondents to see the intended drafting.

The consultation requested responses to 3 specific questions:

Question 1

Do you agree that it’s in the interests of efficiency and safety of navigation to allow the authority to expand its voluntary pilotage area to the Walton Backwaters?

Question 2

Do you have a view on whether the proposal to allow the authority to expand its voluntary pilotage functions to the Walton Backwaters will have any impact (positive or negative) on the users of this area or the local environment either directly or indirectly?

Question 3

Are you aware of any quantifiable benefits or costs in relation to the extension?

Responses

In all, 2 consultation response was received.

Although the responses did not answer the consultation questions directly, both approved of the planned voluntary pilotage area extension

The first respondent confirmed that the represented organisation had no objections to the proposal, recognising the benefits of voluntary pilotage.

The second respondent confirmed that the represented organisation had no objections to the proposal.

However, the respondent requested more information regarding vessel activity within the Walton Backwaters and the proposed area into which the voluntary pilotage area will be extended to more fully understand the current grounding risk. On receipt of information supplied by the authority, the respondent indicated that they remained satisfied that the extension should proceed.

Decision

Given the support for the proposal from respondents, and the unanimous support from local stakeholders and harbour-users evidenced in the consultation exercise carried out by the authority as part of the application process, the Secretary of State has decided to proceed with making the Harwich Haven and Walton Backwaters (Application of The Pilotage Act 1987) Order 2020 as soon as possible.

Once in force, the order will expand the authority’s voluntary pilotage area. The authority’s pilotage directions and other related information will be updated accordingly.

The order will, once made, be available from www.legislation.gov.uk.