"CSO" or "company security officer"
has the meaning given by item 5;
"maritime transport security incident"
any unlawful interference, or threatened unlawful interference, with maritime transport;
"PFSO" or "port facility security officer"
has the meaning given by item 3;
"IPSO" or "port security officer"
has the meaning given by item 2;
"PSPSO" or "port service provider security officer"
has the meaning given by item 4;
"security plan audit"
means an examination of security measures or procedures to determine if a maritime security plan or a ship security plan has been implemented correctly;
"security plan review"
means an evaluation of security measures or procedures to determine if a maritime security plan or a ship security plan is effective and adequate;
"shore-based personnel"
in relation to a South African regulated ship, means persons (other than crew) employed by the ship operator for the ship;
"SSO" or "ship security officer"
has the meaning given by item 6.
2. Port security officers
| (1) |
Before requesting the Director-General to approve a maritime security plan, a port operator for a security regulated port must designate, in writing, a person as security officer (port security officer or PSO ). |
| (2) |
A PSO may be designated by name or by reference to a position. |
| (3) |
The duties and responsibilities of a PSO include— |
| (a) |
conducting an initial security survey of the port and facilitating the completion of the security assessment for the port operator's maritime security plan; |
| (b) |
ensuring the development, submission and maintenance of the maritime security plan for the port operator; |
| (c) |
implementing the maritime security plan; |
| (d) |
undertaking regular security inspections of the port to ensure the effectiveness and adequacy of security measures; |
| (e) |
facilitating security plan reviews; |
| (f) |
recommending and incorporating modifications to the maritime security plan in order to— |
| (i) |
correct deficiencies in the plan; or |
| (ii) |
update the plan to take into account changes to the port; |
| (g) |
enhancing security awareness and vigilance of port personnel, including conducting drills and exercises; |
| (h) |
ensuring that standards for personnel with, or who have been assigned, security duties and responsibilities are met and that adequate training is provided to such personnel; |
| (i) |
reporting to the relevant authorities, and maintaining records of, occurrences that threaten the security of the port; |
| (j) |
liaising with ship, port service provider and port facility security officers; |
| (k) |
coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; |
| (l) |
ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; |
| (m) |
when requested by an SSO, assisting in confirming the identity of persons intending to board a ship; |
| (n) |
providing advice to the Authority and the Director-General on the operational and safety aspects of the implementation of security and control directions; and |
| (o) |
communicating and coordinating the implementation of security and control directions. |
| (4) |
A port operator must ensure that a PSO— |
| (a) |
has the knowledge and ability to perform the duties of a PSO; |
| (b) |
is given the training set out in the maritime security plan for the port operator, |
| (c) |
is a suitable person to access and handle security information; and |
| (d) |
has the authority to act on instructions received from the Director-General. |
| 3. |
Port facility security officers |
| (1) |
Before requesting the Director-General to approve a maritime security plan, a port facility operator must designate, in writing, a person as security officer (port facility security officer or PFSO ) for the port facility. |
| (2) |
A PFSO may be designated by name or by reference to a position. |
| (3) |
The duties and responsibilities of a PFSO include— |
| (a) |
ensuring the development, submission, implementation, revision and maintenance of the maritime security plan for the port facility operator; |
| (b) |
liaising with ship, company, port, port service provider and other port facility security officers; |
| (i) |
the duties and responsibilities in section 17.2 of Part A of the ISPS Code; and |
| (ii) |
any additional duties and responsibilities set out in the maritime security plan. |
| (4) |
A port facility operator must ensure that a PFSOC— |
| (a) |
has the knowledge and ability to perform the duties of a PFSO; |
| (b) |
is given the training set out in the maritime security plan for the port facility operator, |
| (c) |
is a suitable person to access and handle security information; and |
| (d) |
has the authority to act on instructions received from the Director-General. |
| 4. |
Port service provider security officers |
| (1) |
Before requesting the Director-General to approve a maritime security plan, a port service provider must designate, in writing, a person as security officer (port service provider security officer or PSFSO). |
| (2) |
A PSPSO may be designated by name or by reference to a position. |
| (3) |
The duties and responsibilities of a PSPSO include— |
| (a) |
conducting an initial security survey of the activities of the port service provider and facilitating the completion of the security assessment for the provider's maritime security plan; |
| (b) |
ensuring the development and maintenance of the maritime security plan for the port service provider; |
| (c) |
implementing the maritime security plan; |
| (d) |
undertaking regular security inspections of the area under the control of the port service provider to ensure the effectiveness and adequacy of security measures; |
| (e) |
recommending and incorporating modifications to the maritime security plan in order to— |
| (i) |
correct deficiencies in the plan; or |
| (ii) |
update the plan to take into account changes to the port service provider; |
| (f) |
enhancing security awareness and vigilance of the port service provider's personnel; |
| (g) |
ensuring that standards for personnel with, or who have been as igned, security duties and responsibilities are met and that adequate training is provided o such personnel; |
| (h) |
reporting to the relevant authorities, and maintaining records of occurrences that threaten the security of the port service provider; |
| (i) |
liaising with ship, port, port facility and other port service provider security officers; |
| (j) |
coordinating with security, police, fire, ambulance, medical, search and rescue services, as appropriate; |
| (k) |
ensuring that security equipment is properly operated, inspected, tested, calibrated and maintained; and |
| (l) |
when requested by an SSO, assisting in confirming the identity of persons intending to board a ship. |
| (4) |
A port service provider must ensure that a PSPSO— |
| (a) |
has the knowledge and ability to perform the duties of a PSPSO; |
| (b) |
is given the training set out in the maritime security plan for the port service provider; |
| (c) |
is a suitable person to access and handle security information; and |
| (d) |
has the authority to act on instructions received from the Director-General. |
| 5. |
Company security officers |
| (1) |
Before requesting the Authority to approve a ship security plan, the ship operator for a South African regulated ship must designate, in writing, a person within the ship operator's organisation as security officer (company security officer or CSO) for the ship. |
| (2) |
A CSO may be designated by name or by reference to a position. |
| (3) |
The duties and responsibilities of a CSO include— |
| (a) |
answering any questions about the ship security plan, and acting as contact officer, during the approval process; |
| (b) |
implementing and maintaining the ship security plan for the ship; |
| (c) |
liaising with the SSO for the ship and with port, port service provider and port facility security officers; and |
| (i) |
the duties and responsibilities in section 11.2 of Part A of the ISPS Code; and |
| (ii) |
any additional duties and responsibilities set out in the ship security plan. |
| (4) |
The ship operator must ensure that a CSO— |
| (a) |
has the knowledge and ability to perform the duties of a CSO; |
| (b) |
is given the training set out in the ship security plan; |
| (c) |
is a suitable person to access and handle security information; and |
| (d) |
has the authority to act on instructions received from the Authority or Director-General. |
| 6. |
Ship security officers |
| (1) |
The ship operator for a South African regulated ship must designate, in writing, the master, or another crew member, of the ship as security officer (ship security officer or SSO). |
| (2) |
An SSO may be designated by name or by reference to a position. |
| (3) |
The duties and responsibilities of an SSO include— |
| (a) |
maintaining the ship security plan for the ship; |
| (b) |
liaising with the CSO for the ship and with ship, port, port facility and port service provider security officers; and |
| (i) |
the duties and responsibilities in section. 12.2 of Part A f the ISPS Code; and |
| (ii) |
any additional duties and responsibilities set out in the slip security plan. |
| (4) |
The ship operator must ensure that an SSO— |
| (a) |
has the knowledge and ability to perform the duties of an SSO; |
| (b) |
is given the training set out in the ship security plan; |
| (c) |
is a suitable person to access and handle security information; and |
| (d) |
has the authority to act on instructions received from the Authority, Director-General or ship operator. |
| (5) |
An SSO who is not the master of the ship is accountable to the master of the ship. Delegation by security officers |
| 7. |
Delegation by security officers |
| (1) |
A PSO, PFSO, PSPSO, CSO or SSO may delegate, in writing, some or all of his or her powers (except this power of delegation), functions and duties. |
| (2) |
A delegation under this item— |
| (a) |
may only be made to a person who has the knowledge and ability to exercise or perform the powers, functions or duties to be delegated; and |
| (b) |
must specify the delegate by name. |
| 8. |
Shore-based personnel and crew |
The ship operator for a South African regulated ship must ensure that shore-based personnel and crew identified in the ship security plan as having security duties and responsibilities—
| (a) |
have the knowledge and ability to perform their security-related duties and responsibilities; and |
| (b) |
are given the training set out in the plan. |
| 9. |
Declarations of security |
| (1) |
A declaration of security must be signed and dated by the master of, or SSO for, the ship and— |
| (a) |
if the other party to the agreement is also a ship, the master of, or SSO for, that other ship; or |
| (b) |
if the other party to the agreement is a port operator, the PSO; or |
| (c) |
if the other party to the agreement is a port facility operator, the PFSO; or |
| (d) |
if the other party to the agreement is a port service provider, the PSPSO. |
| (2) |
A declaration of security must set out— |
| (a) |
contact details for the parties and signatories to the agreement; |
| (b) |
the period for which the declaration is valid; and |
| (c) |
the maritime security level in force for each party. |
| (3) |
A copy of the declaration of security must be kept by a party to the agreement for a period of 7 years beginning on the day after the declaration ceases to be valid. |
| 10. |
Security plan audits and reviews |
| (1) |
A security plan audit or review must be conducted in accordance with the schedule, requirements and procedures set out in the maritime or ship security plan. |
| (2) |
A security plan review must be conducted as soon as practicable after a maritime transport security incident. |
| (3) |
The records of each security plan audit or review must be kept for a period of 7 years beginning on the day after the audit or review is concluded. |
South African Institute for Drug Free Sport Act, 1997
