Tor Bay Harbour

Tor Bay Harbour Authority incorporates three harbours and twenty-two miles of coastline, all of which are frequented by not only residents of Torbay but also thousands of visitors ranging from commercial vessels, cruise ships, fishing vessels and leisure vessels each year.

With the number of guests coming to the Bay being as it is there will be, from time to time, occasions when personal items are lost or left unattended. With the changes to the way in which found property is handled nationally in 2019 it is necessary that all Authority employees are aware of the correct handling procedure for surrendered/found property. This policy is to prevent misunderstanding and mishandling as well as to protect staff from allegations of malicious or illegal possession of found items.

Definitions

Lost Property

Any item of personal property or professional equipment that has, for any reason other than malicious action, been misplaced or otherwise separated from its owner.

Found Property

Items left behind by an owner either by accident or design which hold an intrinsic value and have been moved/removed from the area either for protection or on the assumption it has been lost by the owner. For this possession to be lawful, steps must be taken to identify/locate the rightful owner and if possible return the property. This is particularly important within the Harbour environment due to the nature of the work where expensive equipment may be left for long periods of time.

Requirements of Law

For 86 years Police have been primarily responsible for property found by the public, until 1 February 2019 following a governmental review consulting 29 of the 43 police services nationwide. The policy for police was changed removing the responsibility from them and placing it on finders/landlords/business owners to deal with property ethically. Police will still, however, accept responsibility for:

• Firearms
• Ammunition
• Items suspected to be involved in crime (weapons/evidence/stolen property etc)
• Items containing personal date (Wallets/personal documents etc)
• Cash

Items surrendered to Authority staff must only be accepted on the understanding that the ‘Finder’ has taken reasonable steps to locate the owner in the vicinity and that the property will be dealt with in accordance with this policy.

Finders are not obliged to surrender found property to Harbour Authority staff and may wish to locate the owner themselves, but they may report, in case of enquiry, so personal details and property description can be recorded where possible. Any attempts to locate the owner would become their responsibility, (as will complying with the Law) though the Harbour Authority may assist with social media bulletins. In cases such as these the same procedure should be followed so any Owner can be reunited with their property.

Property Handling

• Upon receiving or being notified of any found property, the Finder’s contact details must be recorded along with the location, time/date of finding along with the current location/description of the property if not surrendered to The Authority.
• The Finder must be informed they will be entitled to claim the property after 6 weeks, if the owner cannot be traced, (excluding official documents such as driving licence/bank cards etc).
• Upon receiving property, it must be stored securely where possible (with consideration given to the size/weight/condition of the property) and the Finder informed of the storage location.
• A property register must be kept detailing:
  • Property description (cash amount where appropriate)
  • Time and date found
  • Finder’s contact details
  • Location if retained by finder
  • Steps taken to identify owner
  • Finder’s claim/disposal intentions
• If the property is claimed the Claimant must be able to provide proof of identity, photo identification where possible, and where possible proof of ownership e.g., full description of items being claimed.
• Once claimed the Property Register must be updated with the Claimant’s details.
• Any costs incurred in restoring property to an owner will be incurred by the owner, not the Authority.
• Items will be kept no less than 6 weeks after receipt or after circulation on social media sites, whichever is the latest.
• After 6 weeks the Finder is entitled to claim the property – if no contact details have been left, or they have confirmed in writing they do not wish to claim the property, it will become the property of the Harbour Master and disposed of at their discretion. Any wishes left by the Finder at the time of surrendering it will be taken into consideration but are not binding.