Information regarding General Direction

This web page covers a General Direction relating to commercial vessels over 24m entering the Broads area.

You can find documentation including an application form and a PDF copy of the General Direction at the bottom of the page.

Background

The Broads Authority is designated a “Special Statutory Authority”, affording the same level of protection as National Park status, but with tailor-made legislation relating to navigation. The Authority therefore balances the navigational duties and powers of a harbour authority with the conservation and recreational duties and powers of a National Park authority. These duties and powers are principally set out in the Norfolk and Suffolk Broads Act 1988.

The Broads Authority Act 2009 granted the Authority additional powers, the primary purpose being to introduce greater safety controls on broads and rivers. These powers include the ability to give of general directions to vessels.

Additionally, the Authority is a “Competent Harbour Authority” as defined the Pilotage Act 1987. This arises from The Broads Authority (Pilotage Powers) Order 1991 which remains extant. As such, it has a duty to determine whether any and, if so, what pilotage services need to be provided to secure the safety of ships navigating in or in the approaches to its harbour; and whether such pilotage should be compulsory.

This duty is reinforced in the Port Marine Safety Code, which goes on to state that authorities should exercise control over the provision of pilots by means of controlling recruitment, examination and authorisation of pilots.

The Authority has not issued any pilotage directions, which set out the types of vessel movements for which pilotage would be compulsory.

Requirements for a Pilot

In 2023 the Authority conducted a review of its pilotage service as with almost no commercial vessel movements, maintaining a service fit for purpose is very challenging.

Historically there has been one circumstance where the Authority provided a regular pilotage service, which was for the Coaster vessels travelling from Great Yarmouth up to the sugar beet factory at Cantley. The pilotage was strongly recommended for these vessels but was not made compulsory by means of a pilotage direction. It has been over 15 years since these vessels came into the Broads and the sugar beet factory no longer have the infrastructure required to bring in such vessels.

In 2014 there were two occasions where pilotage was provided to third parties. The first was a large barge carrying plant to Cantley that was piloted by the Broads Authority. The second was a historic trading barge; the Cumbria also had onboard a pilot for its passage. Since 2014, all vessel movements have been escorted by Ranger patrol launches but have not required a pilot on board.

There is no expectation that large freight vessels, which may require pilotage, will return to the waterways in the foreseeable future. Without a regular requirement for a pilotage service, it is very difficult for the Authority to maintain training of pilots to be able to undertake this role as well as being very costly to the Authority for a service not being used.

Pilotage Review 2023

In 2023, the Broads Authority contracted Marine and Risk Consultants Limited (Marico Marine) to review the pilotage provisions currently in place on the Norfolk and Suffolk Broads with a view to ensuring they were fit for purpose going forward.

Considering the current and expected future traffic profile of the Broads Navigation Area, and the result of a navigation risk assessment undertaken as part of the work, the following recommendations were made to the Authority by the consultants as set out in their report:

• Engage with Great Yarmouth Port Authority to confirm whether providing pilotage under a joint arrangement is feasible.
• Assuming the above is not an option, undertake a full review of the Safety Management System to document formal arrangements for the discontinuation of any form of pilotage, while still maintaining the status of a Competent Harbour Authority.
• Seek specialist marine legal advice to support the above review, including amending Vessel Dimension byelaws, or issuing a General Direction; and
• Clarify the procedures which will be followed (based on full risk assessment) should any vessels of greater size than defined in the revised byelaws / Directions wish to enter the navigation area.

Alternatively, if there is no appetite for maintaining CHA status, consider the formal removal of CHA powers by application to the Secretary of State.

Consideration of Pilotage Review Recommendations

Discussions with Peel Ports about sharing pilotage have been had previously, 5 years ago and more recently last year. Training of pilots and maintaining their competence in the Broads navigation area (as required under the PMSC and at a cost to the Broads Authority), when there is likely to be no, or extremely low, need for this service would not be cost-effective.

The issuing of a General Direction or the updating of the Vessel Dimension Byelaws, to restrict all vessels requiring a pilot from entering the Broads would allow the Authority to remove this requirement while still retaining the ‘Competent Harbour Authority’ status. The length of 20m was proposed in the report.

At the Navigation Committee, Members raised concerns that many vessels over 20m enter the Broads and by setting the limit at 20m this would be too restrictive. It was instead suggested to use 24m as the limit which falls in line with MGN280 which requires commercial vessels up to 24 metres load line length to comply with the Maritime and Coastguard Agency (MCA) Small Commercial Vessel and Pilot Boat Code of Practice.

At the time of the report, the Authority did not require vessels up to 24m to have either a pilot or an escort when moving around the Broads (subject to restrictions set out in the Vessel Dimension Byelaws) and so the risk of increasing the length of vessels to be restricted to 24m and above was considered low.

The original recommendation in the report included the ability for the Authority to permit on a case-by-case basis any vessels over the prescribed length requested permission to enter the Broads, subject to individual risk assessment.  The risk assessment would determine what safety measures would be needed to allow safe passage. This may include ensuring any passage would be undertaken with a suitably qualified crew, or the vessel being escorted by a patrol launch.

Decision

At the Broads Authority Committee on 26 January 2024. it was resolved unanimously, pending checks on the outstanding questions raised in the report, that a General Direction be put in place, to restrict all commercial vessels over 24m from entering the Broads, subject to a risk assessment to see if such vessels could be safely accommodated without a pilot. This was updated at the Broads Authority meeting on the 29th November 2024 to include all vessels over 24m.

Open Port Duty

A question was raised in the Pilotage Report (2023) whether the Open Port Duty, which applies to Harbour Authorities by virtue of the Harbours, Docks and Piers Clauses Act 1847, would restrict the Authority ability to put in place a length restriction.

The Authority asked for legal advice on this matter. The conclusion was that it does not prohibit the proposed restrictions/general direction.

General Direction

The Authority has the power to make General Directions to all vessels, or classes of vessels, in respect of vessels in, or proposing to enter, or leaving, the navigation area for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation and the safety of persons and property in the navigation area. A detailed procedure for the consultation, issue and publication of such direction is set out in the Broads Authority Act 2009 Schedule 1.

The Authority may give directions under this section (“general directions”) in respect of vessels in, or proposing to enter, or leaving, the navigation area for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation and the safety of persons and property in the navigation area. This includes (section 4 of the 2009 Act):

(e) for prohibiting or regulating—

(i) entry into the navigation area by a vessel which for any reason would be or would be likely to become a danger to other vessels or to persons or property, in or near the navigation area; or

(ii) entry into, or navigation within, any designated fairway or channel during any temporary obstruction thereof;

(g) for requiring the master of a vessel to give to the navigation officer information relating to the vessel or the qualifications of the master reasonably required by the navigation officer for effecting any of the purposes of this subsection;

The General Direction made for this purpose will, as set out above, restrict vessels over 24m from entering the Broads area, on any occasion when this could be requested, subject to a risk assessment being carried out to see whether a vessel could be safely accommodated without the need for a pilot.

Implementing the General Direction

As set out in s4(1) of the Broads Authority Act 2009, the Authority carried out a consultation of the General Direction, ending on the 20^{th of} February 2025. Two responses were received from statutory consultees along with two representations from other individuals. None of the responses made any objection to the General Direction and as such the Authority proceeded with issuing the General Direction with details being published on the Authority’s website.

Documentation

Please find relevant documentation below:

• Copy of the General Direction (PDF)
• Application Form for vessels exceeding 24m (PDF)
• Navigation Notes for Breydon Water and the River Yare (commercial and larger vessels)

Please read the documentation above and email the completed Application Form to Broadscontrol@broads-authority.gov.uk not later than 42 working days prior to the date when it is proposed that the vessel will enter the Broads.