Challenges for Owners, Masters and Brokers of Safe Ports

1. Challenges for Owners, Masters and Brokers of Safe Ports Sydney June 26th 2017 Ken Fitzpatrick

2. Safe Port Definitions Safe Port “A port which, during the relevant period of time, the ship can reach, enter, remain at and depart from without, in the absence of some abnormal occurrence, being exposed to Danger which cannot be avoided with good navigation and seamanship” NYPE Time Charter Imposes an obligation on the time charterer to trade the vessel between ‘safe port and or ports’ within specified trading limits (usually excluding war zones etc) Voyages Charters Typically might state that a ship is to load or discharge at 1or 2 Safe berths 1 or 2 safe ports within a specified range – eg South Japan or Shanghai/Dalian range. Often the exact discharge port is only nominated some 5 to 10 days prior arrival.

3. Safe Port Considerations • Access from sea • Channel width and depth • Availability of qualified pilots • Adequate towage to meet all weather conditions • Navigation aids • Availability of up to date charts • Political events • War, strikes or insurrection • Risk of seizure of vessel • Weather history including tides, storms surges etc • Emergency procedures • Availability of tugs and pilots at short notice • Emergency plans both Port and Ship • Unreasonable delay • Silting • Tidal considerations • Unreasonable congestion

4. Safe Berth/anchorage Equally important in considering the implication of a safe port is the berth or anchorage Safe Berth Considerations • Draft • Length available • Beam of ship • Securing arrangements • Berth decking in case of heavy equipment transfer • Adequate Lighting and Firefighting • Channel or river to be suitably navigable to reach berth (currents for instance- Hoogly and Orinoco) • Safe Anchorage • Adequate draft • Adequate emergency procedures in weather events • Pasha Bulker – ATSB concluded (inter alia): • Responses too late to assist ship • Water depths in parts of Anchorage made it difficult for ships to lay sufficient cable to anchor with safety

5. Pasha Bulker

6. Responsibilities Time Charterer (disponent Owner) • Must order vessel to safe port when ship under time or bareboat charter Voyage Charterer • Must nominate safe port/berth when the charter stipulates safe berth/port within a range of ports • Must arrange safe berth even when there is a named port Ship Owner/Operator under voyage charter • When a specific port is nominated must check the port is safe for the vessels to enter and perform cargo operations • If a specific berth is nominated must check the vessel can safely access the berth to perform cargo operations Ship’s Master • Must always be on alert for changes in: • Weather conditions • Berth conditions (siltation etc) • Have in place emergency procedures for changes in any conditions including political and weather events • Know port emergency capability • Make the final call in respect of safety of his ship

7. Owners Expectations of Ports Ports/Port Authorities • Maintain advertised channels/depths/widths • Maintain advertised berth depths, deck strengths • Have regular maintenance dredging programs • Provide emergency plans for adverse weather events • Ensure sufficient towage capacity for normal and emergency operations • Have sufficient trained, experienced pilots at the port • Provide suitable safe anchorages Private Ports • Depending on lease responsibilities provide above but at least maintain berths under lease

8. Ship Brokers Shipbrokers need to be: • Familiar with what constitutes safe berth, port, anchorage • Be able to advise clients (charterers or owners) on their responsibilities regarding safe port/berth etc • Alert to nominations made through them for ports under charters that they are safe for the purpose • Be able to suggest alternatives if a problem is encountered -for instance if draft becomes an issue cargo might be lightened or an alternative safe port nominated

9. Ocean Victory No Doubt the speakers today with legal background will hone in on this recent decision in detail Salient Points are • This was a safe port issue • The key element was whether the event causing the mishap was abnormal Could the circumstances have been predicted?? Reminder about the definition of safe port “A port which, during the relevant period of time, the ship can reach, enter, remain at and depart from without, in the absence of some abnormal occurrence, being exposed to Danger which cannot be avoided with good navigation and seamanship”

10. Thank you for your attention