Navigation (Cargo—Hazards Prevention) Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 80

REGULATIONS UNDER THE NAVIGATION ACT 19121

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Navigation Act 1912.

Dated this eleventh day of April 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

RALPH J. HUNT

Minister of State for Transport

 

Amendments of the Navigation (Cargo — Hazards Prevention) Regulations2

Notice of arrival of hazardous cargo

 1. Regulation 5 of the Navigation (Cargo — Hazards Prevention) Regulations is amended —

• (a)

  by inserting “other than a tanker” after “ship”; and

• (b)

  by omitting from sub-paragraph (i) of paragraph (e) “has” and substituting “have”.

 2. After regulation 5 of the Navigation (Cargo — Hazards Prevention) Regulations the following regulation is inserted:

Notice of intention to handle hazardous cargo in a tanker

“5A.

The handling of —

• (a)

  a hazardous substance; or

• (b)

  a flammable liquid with a flash point of more than 61 degrees Celsius, but not more than 100 degrees Celsius, when submitted to the closed cup test,

in a tanker at a port is prohibited unless —

• (c)

  notice of the proposed handling has been given to the prescribed authority at the port in accordance with the form in the Second Schedule; and

• (d)

  either —

  • (i)

    24 hours have elapsed since the giving of the notice; or

  • (ii)

    the proposed handling has been approved —

    • (A)

      by a surveyor after an inspection has been made by that surveyor; or

    • (B)

      by the prescribed authority at the port.”.

Notice of arrival of hazardous cargo in damaged receptacles or leaking from the hull

 3. Regulation 6 of the Navigation (Cargo — Hazards Prevention) Regulations is amended —

• (a)

  by omitting from sub-regulation (1) “the last preceding regulation,” and substituting “regulation 5,”;

• (b)

  by omitting from sub-regulation (2) “with a hazardous substance in bulk fluid form” and substituting “and has on board in bulk fluid form a hazardous substance or a flammable liquid with a flash point of more than 61 degrees Celsius, but not more than 100 degrees Celsius, when submitted to the closed cup test”;

• (c)

  by inserting in sub-regulation (2) “or the flammable liquid” after “the substance” (wherever occurring); and

• (d)

  by omitting from sub-regulation (2) “the last preceding regulation,” and substituting “regulation 5 or 5A,”.

Notice of intention to load

 4. Regulation 9 of the Navigation (Cargo — Hazards Prevention) Regulations is amended —

• (a)

  by inserting in sub-regulation (1) “other than a tanker” after “ship” (second occurring); and

• (b)

  by omitting from sub-paragraph (i) of paragraph (b) of sub-regulation (1) “has” and substituting “have”.

Loading of certain substances

 5.Regulation 10 of the Navigation (Cargo — Hazards Prevention) Regulations is amended by inserting in sub-regulation (2) “other than a tanker” after “ship”.

Emergency alarm

 6. Regulation 14 of the Navigation (Cargo — Hazards Prevention) Regulations is amended —

• (a)

  by inserting “a ship other than a tanker” after “port”;

• (b)

  by omitting from paragraph (a) of sub-regulation (1) “a ship”;

• (c)

  by omitting from paragraph (b) of sub-regulation (1) “a ship”; and

• (d)

  by omitting from paragraph (c) of sub-regulation (1) “a ship”.

Carrying of matches, and use of fire on a ship

 7.Regulation 17 of the Navigation (Cargo — Hazards Prevention) Regulations is amended —

• (a)

  by inserting in sub-regulation (1) “, or a flammable liquid with a flash point of more than 61 degrees Celsius, but not more than 100 degrees Celsius, when submitted to the closed cup test,” after “hazardous substance”;

• (b)

  by inserting in paragraph (a) of sub-regulation (2) “or a flammable liquid referred to in sub-regulation (1)” after “hazardous substance”; and

• (c)

  by inserting in sub-regulation (3) “or a flammable liquid referred to in sub-regulation (1)” after “hazardous substance”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 April 1980.

2. Statutory Rules 1968 No. 23 as amended by Statutory Rules 1973 No. 122; 1975 No. 107; 1976 No. 273; 1977 No. 261; 1978 No. 125; 1979 No. 188.