Navigation (Cargo-Fire Prevention) Regulations (Cth)

STATUTORY RULES.

1926. No. 163.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1926.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912-1926, to come into operation forthwith.

Dated this twentieth day of November, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

Navigation (Cargo-Fire Prevention) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Cargo-Fire Prevention) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Inflammable cargo” means any cargo which, or any part of which, is of an explosive or readily inflammable nature, and includes any package containing an inflammable or explosive substance which has been declared by proclamation under section 248 of the Navigation Act 1912-1926 to be dangerous goods;

“Handle” or “handling”, in relation to cargo, includes all operations in or on the ship in connexion with the loading, discharging, stowing or re-stowing of the cargo.

Application of Regulations.

3. (1) Subject to the next succeeding sub-regulation, these Regulations shall apply to all ships, British or foreign, loading or discharging cargoes in the Commonwealth.

(2) These Regulations shall not apply to—

(a) ships trading exclusively within the limits of a single State; or

(b) ships with cargoes of coal loaded, stowed, ventilated, and carried in accordance with the requirements of the Navigation (Grain, Coal and Ballast) Regulations.

Use of naked lights, smoking, &c., an offence.

4. (1) Any person who brings into any hold of a ship or on to any deck of a ship, in or on which inflammable cargo is stowed or is being

C.15414.—Price 3d.

handled, any fire or naked flame, or who while in any such hold or on any such deck, smokes, or ignites any match or otherwise creates any fire or flame, shall be guilty of an offence.

(2) Any person who, while in charge of the loading or discharging of a ship, or in control of any persons engaged in the loading or discharging, permits an offence against the last preceding sub-regulation, shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for one month.

Carrying of wax vestas, &c.

5. (1) A person engaged in the loading, discharging or handling, in or on any ship, of any inflammable cargo shall not carry, or have in his possession, any wax vestas, matches or any materials or appliances whatever for producing ignition.

(2) A person engaged in the loading, discharging or handling, in or on any ship, of any cargo, other than inflammable cargo, shall not carry, or have in his possession, any matches or any appliance for producing ignition other than safety matches.

Penalty: Ten pounds.

Loading, &c., of explosives and inflammable liquids.

6. (1) Subject to the next succeeding sub-regulation, the owner or master of a ship shall not permit any explosives, or any inflammable liquids, declared by proclamation under the Navigation Act 1912-1926 to be dangerous goods, to be loaded into, discharged from, or stowed in a ship, excepting only during the hours between sunrise and sunset:

Provided that this sub-regulation shall not apply to the discharge, between sunset and sunrise, of a cargo of petroleum oils (of any description) carried out with the approval of the harbour or other competent authority controlling the discharging of such cargoes first obtained, by pumping from the ship’s tanks to shore through a pipeline efficiently connected up before sunset.

Penalty (on the owner or master): Twenty pounds,

(2) In special cases, where the Deputy Director is satisfied that strict compliance with the requirements of the last preceding sub-regulation would occasion unreasonable or unnecessary delay and expense to the ship, and that the concession may be granted without danger to the ship or her crew, he may grant a permit, subject to such conditions as he thinks fit, for the loading, discharging or stowing, after sunset and before sunrise, of explosives or inflammable liquids which are dangerous goods.

(3) A permit under this regulation shall not be granted unless, where the local law so requires, the approval of the harbour or other competent authority controlling the loading, discharging and handling of the cargo on a ship in the port has first been obtained.

(4) No artificial lights of any description whatever shall be used in any hold or on any enclosed deck of a ship in or on which any explosives or inflammable liquids declared to be dangerous goods are stowed or are being handled. When necessary those holds or decks may be illuminated by “flood” lighting, approved by a surveyor.

Penalty: Twenty pounds or imprisonment for one month.

Supervision of holds.

7. The master or owner of a ship into or from which inflammable cargo is being loaded or discharged, or on which that cargo is being handled, shall appoint, or cause to be appointed, an officer or member of the crew or other reliable person who shall—

(a) remain in or frequently visit the hold or deck in or on which inflammable cargo is being handled;

(b) closely inspect the hold or deck when the loading, discharging or handling is completed; and

(c) report to the master or officer in charge as to the condition of the hold or deck and cargo.

Persons not allowed in holds without permission.

8. At all times when inflammable cargo is being handled in or on a ship, no person shall, during any meal-time or other recess, except with the permission of the master or officer in charge, remain in, or visit, a hold containing inflammable cargo.

Penalty: Ten pounds.

Qualified person to be in charge of pumps.

9.At all times when inflammable cargo is being handled in or on a ship, a certificated engine-room officer, or such other competent member of the engine-room staff as the senior certificated engine-room officer for the time being on the ship directs, shall be on duty and immediately available, on emergency, to bring the fire pumps or other fire-extinguishing appliances in his charge into operation, as required by the master or officer in charge of the cargo handling operations.

Fires and lights in connexion with repairs.

10. (1) No person shall, without the approval of the master or officer in charge of the ship first obtained, use, or permit to be used, in connexion with any repairs or alterations that are being made, any fire or naked light in any hold or on any deck of a ship, in or on which inflammable cargo is stowed or is being handled.

Penalty: Twenty pounds or imprisonment for one month.

(2) No master or officer in charge of the ship shall give his approval, under this regulation, to the use of any fire or naked light, until all inflammable cargo has been moved from the vicinity of the operations or securely covered by a fire-proof material.

Power to exempt.

11. (1) Where, in any particular case, the Deputy Director is satisfied that insistence upon strict compliance with the requirements of any of these Regulations would be unreasonable and unnecessary, and that a modification of, or exemption from, those requirements can be permitted without danger to the ship, her crew or passengers, he may by writing under his hand approve, subject to such conditions as are set out in the writing, of a modification of, or exemption from, those requirements.

(2) An application for any modification of, or exemption from the requirements of any regulation shall be made by the owner, master or agent of the ship in writing, and shall be accompanied by an application fee of One pound.

(3) If any application under the last preceding sub-regulation is refused, one-half of the amount of the application fee paid may be refunded to the applicant.

Institution of proceedings.

12. Any master, owner or agent of a ship, or officer of police, or any Deputy Director, or officer of Customs thereto authorized by a Deputy Director in writing, may institute proceedings for the summary conviction of any person for an offence against these Regulations.

Repeal.

13. The Navigation (Cargo-Fire Prevention) Regulations, being Statutory Rules 1924, No. 70, as amended by Statutory Rules 1924, No. 91, are repealed as from the commencement of these Regulations, save as to anything lawfully done, or any right, privilege, obligation or liability acquired, accrued or incurred thereunder.

 

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