NAVIGATION (DANGEROUS GOODS) REGULATIONS - Incorporating all amendments by
legislation made to 31 October 1980
- Reprinted as at 31 October 1980 (HISTREG CHAP 188 #DATE 31:10:1980)
*1* The Navigation (Dangerous Goods) Regulations (in force under the Navigation Act 1912) as shown in this reprint comprise Statutory Rules 1968 No. 26 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification in Date of or transitional number Gazette commencement provisions ---------------------------------------------------------------------------- 1968 No. 26 20 Mar 1968 20 Mar 1968 139 21 Nov 1968 21 Nov 1968 - 1970 No. 66 21 May 1970 21 May 1970 - 1975 No. 108 17 June 1975 17 June 1975 - 1976 No. 275 15 Dec 1976 1 Jan 1977 - 1977 No. 265 22 Dec 1977 1 Jan 1978 - 1978 No. 219 21 Nov 1978 21 Nov 1978 R. 3 1979 No. 191 27 Sept 1979 1 Oct 1979 - 300 24 Dec 1979 1 Jan 1980 - ---------------------------------------------------------------------------- NAVIGATION (DANGEROUS GOODS) REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Repeal
3. Interpretation
4. Application
5. Classes of dangerous goods
6. Conditions in relation to the packing, stowing and carriage of
dangerous goods
7. Notice of intention to ship dangerous goods
8. Fees
9. Special manifest or stowage plan
10. (Repealed)
11. Penalties
THE SCHEDULES
FIRST SCHEDULE
Notice of intention to ship dangerous goods
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NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Navigation (Dangerous Goods)
Regulations.*1*
See notes to first article of this Chapter.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 2.
Repeal
2. (1) The Navigation (Dangerous Goods) Regulations (comprising Statutory
Rules 1955, No. 30; Statutory Rules 1957, No. 44; and Statutory Rules 1959,
No. 46) are repealed.
(2) Notwithstanding the repeal effected by the last preceding
sub-regulation-
(a) an exemption granted by the Minister under the Regulations repealed by
the last preceding sub-regulation and in force immediately before the
commencement of these Regulations shall continue in force as if granted under
these Regulations; and
(b) a notice given under the Regulations repealed by the last preceding
sub-regulation in respect of dangerous goods shipped after the date of
commencement of these Regulations is as valid and effectual as if given under
these Regulations.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 3.
Interpretation
Sub-reg. (1) amended by 1975 No. 108 r. 1; 1978 No. 219 r. 1; 1979 No. 300 r.
2
3. (1) In these Regulations, unless the contrary intention appears-
"authorized person" means a person authorized by the Minister for the
purposes of these Regulations;
"dangerous goods" means goods declared by proclamation under section 248
of the Act to be dangerous;
"region" means-
(a) in relation to a port in the State of New South Wales-a region
consisting of that State;
(b) in relation to a port in the State of Queensland-a region consisting
of that State;
(c) in relation to a port in the State of South Australia or in the
Northern Territory-a region consisting of that State and that Territory;
(d) in relation to a port in the State of Victoria or the State of
Tasmania-a region consisting of those States; and
(e) in relation to a port in the State of Western Australia-a region
consisting of that State;
"the Act" means the Navigation Act 1912.
Sub-reg. (2) omitted by 1979 No. 300 r. 2
* * * * * * * *
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 4.
Application
4. These Regulations do not apply to or in relation to-
(a) dangerous goods forming part of the equipment or stores required for
the navigation, safety or maintenance of a ship; or
(b) dangerous goods forming the cargo of a ship, if the ship is specially
built or converted as a whole for the carriage of dangerous goods of the same
kind as the dangerous goods forming that cargo.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 5.
Classes of dangerous goods
Substituted by 1979 No. 300 r. 3
5. For the purposes of these Regulations, dangerous goods are divided into
the following classes:
Class 1 -Explosives
Class 2 -Gases: compressed, liquefied or dissolved under pressure
Class 3 -Inflammable liquids
Class 4.1-Inflammable solids
Class 4.2-Inflammable solids, or substances liable to spontaneous
combustion
Class 4.3-Inflammable solids, or substances which, in contact with water,
emit inflammable gases
Class 5.1-Oxidising substances
Class 5.2-Organic peroxides
Class 6.1-Poisonous (toxic) substances
Class 6.2-Infectious substances
Class 7 -Radioactive substances
Class 8 -Corrosives
Class 9 -Other dangerous goods.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 6.
Conditions in relation to the packing, stowing and carriage of dangerous
goods
Substituted by 1975 No. 66 r. 2
6. (1) For the purposes of section 253A of the Act, the Minister may
determine in writing requirements with which dangerous goods, and the packing,
stowing and carriage of dangerous goods, shall comply.
(2) Where a determination is made under the last preceding sub-regulation-
(a) notice of the making of the determination shall be published in the
Gazette as soon as practicable after the making of the determination; and
(b) a copy of the determination shall be laid before each House of the
Parliament within fifteen sitting days of that House after the making of the
determination.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 7.
Notice of intention to ship dangerous goods
Sub-reg. (1) amended by 1979 No. 300 r. 4
7. (1) A notice under section 255 of the Act of intention to ship dangerous
goods-
(a) shall be in accordance with the form set out in the First Schedule;
(b) shall specify the correct technical name and description of the
dangerous goods and the class of dangerous goods in which those dangerous
goods are included;
(c) shall not refer to any of the dangerous goods by any trade name;
(d) shall contain a certificate signed by the shipper that the dangerous
goods are packed in accordance with the determinations under the last
preceding regulation applicable to the goods; and
(e) shall be given to the prescribed person at least 48 hours, or such
shorter period as the prescribed person allows, before the goods are shipped.
(2) A person shall not give to the prescribed person a notice referred to in
the last preceding sub-regulation that is false or misleading in a material
particular.
Penalty: One hundred dollars.
Substituted by 1979 No. 300 r. 4
(3) For the purposes of section 255 of the Act and of sub-regulations (1)
and (2), the prescribed person is-
(a) if it is intended to ship the goods at the port of Sydney, Melbourne,
Brisbane, Port Adelaide or Fremantle-the person for the time being performing
the duties of the office of Assistant Director (Surface Operations) in the
Regional Office of the Department of Transport for the region in which the
port is situated;
(b) if it is intended to ship the goods at the port of Hobart-the person
for the time being performing the duties of the office of Assistant Director
(Tasmania) in the Victoria/Tasmania Regional Office of the Department of
Transport;
(c) if it is intended to ship the goods at a port in the State of Tasmania
other than the port of Hobart-the representative at the port of the person
referred to in paragraph (b); or
(d) if it is intended to ship the goods at a port in a State or Territory
other than a port referred to in paragraph (a), (b) or (c)-the representative
at the port of the person for the time being performing the duties of the
office of Assistant Director (Surface Operations) in the Regional Office of
the Department of Transport for the region in which the port is situated.
(4) Where-
(a) notice under this regulation of intention to ship dangerous goods is
given in relation to a ship; and
(b) by virtue of a determination made under the last preceding regulation,
the approval of the Minister or a surveyor is required in connexion with the
packing, stowing or carriage of the dangerous goods,
an authorized person or a surveyor shall inspect the ship in connexion with
the packing, stowing or carriage of the dangerous goods and may make such
visits to the ship for that purpose as he considers necessary or as the owner,
master or agent of the ship requests.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 8.
Fees
Sub-reg. (1) amended by 1975 No. 108 r. 3; 1976 No. 275 r. 2; 1977 No. 265 r.
2; 1979 No. 191 r. 2
8. (1) Subject to sub-regulations (2), (3) and (5) of this regulation, there
is payable in respect of an inspection of a ship under the last preceding
regulation-
(a) if the inspection is an inspection of the hold of a ship for the
carriage of inflammable substances-
(i) a fee of $120 for the first visit by the authorized person or
surveyor; and
(ii) a fee of $60 for each subsequent visit by the authorized person or
surveyor; or
(b) for any other inspection-a fee of $60 for each visit by the authorized
person or surveyor.
Amended by 1975 No. 108 r. 3; 1976 No. 275 r. 2; 1977 No. 265 r. 2; 1979 No.
191 r. 2
(2) Where, as a result of a request made by the owner, master or agent of a
ship, an inspection of the ship is commenced or completed at a time when the
office of the Department is not open for public business, there is payable in
respect of each authorized person or surveyor who so commences or so completes
the inspection, by virtue of this sub-regulation-
(a) if the inspection is commenced or completed on a day when the office of
the Department is not at any time open for public business-a fee of $160;
(b) if the inspection commences or ceases at any time between eleven
o'clock in the evening of a day and six o'clock in the morning of the next
following day, and the day on which the inspection commences or ceases is a
day other than a day referred to in the last preceding paragraph-a fee of
$130; or
(c) in any other case-a fee of $70.
Amended by 1975 No. 108 r. 3; 1976 No. 275 r. 2; 1977 No. 265 r. 2; 1979 No.
191 r. 2
(3) Where, as a result of a request by the owner, master or agent of a ship,
an authorized person or a surveyor is required to attend at a time and place
for the purpose of inspecting a ship (being a time when the office of the
Department is not open for public business) and sets out to commence the
inspection but the proposed inspection does not commence because the owner,
master or agent cancels the request, there is payable, by virtue of this
sub-regulation-
(a) if the time appointed is on a day when the office of the Department is
not at any time open for public business-a fee of $80;
(b) if the time appointed is between eleven o'clock in the evening of a day
and six o'clock in the morning of the next following day, and the day on which
the time is appointed is a day other than a day referred to in the last
preceding paragraph-a fee of $70; or
(c) in any other case-a fee of $40.
Substituted by 1975 No. 108 r. 3
(4) A fee payable under sub-regulation (3) is payable in respect of each
authorized person or surveyor who sets out to commence an inspection.
Amended by 1976 No. 275 r. 2; 1977 No. 265 r. 2; 1979 No. 191 r. 2
(5) Where-
(a) an authorized person or a surveyor is available at the time and place
appointed for an inspection of a ship but, for any reason outside the control
of the authorized person or surveyor, he is compelled to wait for a period in
excess of half an hour after that time before he can commence the inspection;
(b) an authorized person or a surveyor is carrying out an inspection and,
for any reason outside his control, the inspection is interrupted and he is
compelled to wait for a period in excess of half an hour before he can
continue the inspection; or
(c) an authorized person or a surveyor carrying out an inspection of a ship
is compelled, for any reason outside his control, to wait on the ship after
the completion of the inspection for a period in excess of half an hour,
an additional fee calculated at the rate of $60 for each hour, or part of an
hour, of the excess, or a fee of $240 whichever is the less, is payable, by
virtue of this sub-regulation, in respect of that inspection.
Amended by 1975 No. 108 r. 3
(6) Where, as a result of a request made by the owner, master or agent of a
ship, an authorized person or a surveyor proceeds to a place outside the
limits of the port at which he is ordinarily stationed for the purpose of
carrying out an inspection of a ship, a fee equal to the travelling and
subsistence expenses that would have been necessarily incurred by the
authorized person or surveyor if he had travelled to the ship from the nearest
port or outport at which an authorized person or surveyor is stationed and
returned to that port or outport is payable, by virtue of this sub-regulation,
whether or not the proposed inspection is carried out.
(7) The fact that a fee is, by virtue of a particular sub-regulation of this
regulation, payable in respect of an inspection of a ship shall not be taken
to prevent a further fee, or further fees, being payable in respect of that
inspection by virtue of another sub-regulation of this regulation.
Amended by 1975 No. 108 r. 3; 1979 No. 300 r. 5
(8) A fee payable under this regulation is a debt due to the Commonwealth
and may be recovered from the owner, master or agent of the ship in a court of
competent jurisdiction.
Amended by 1975 No. 108 r. 3
(9) In this regulation, "the office of the Department" in relation to an
inspection or proposed inspection by an authorized person or a surveyor of a
ship, means the office of the Department of Transport, or of the
representative of that Department, at the place where the inspection is made,
or the proposed inspection is to be made.
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 9.
Special manifest or stowage plan
9. (1) This regulation does not apply to a ship specially constructed for
the carriage of liquid cargoes in bulk.
(2) There shall be provided in a ship carrying dangerous goods-
(a) a special manifest or list in which are set out-
(i) the classes and descriptions of the dangerous goods carried;
(ii) the correct technical name of the dangerous goods comprised in each
class of dangerous goods carried; and
(iii) the location of each class of dangerous goods carried; or
(b) a detailed stowage plan in which are set out-
(i) the classes and descriptions of the dangerous goods carried;
(ii) the correct technical name of the dangerous goods comprised in each
class of dangerous goods carried; and
(iii) the location of each class of dangerous goods carried.
(3) Where there is not provided in a ship carrying dangerous goods the
special manifest, list or detailed stowage plan referred to in the last
preceding sub-regulation, the master and the owner of the ship are each guilty
of an offence and are each liable on conviction to a penalty not exceeding One
hundred dollars.
Regulation 10 repealed by 1979 No. 300 r. 6
* * * * * * * *
NAVIGATION (DANGEROUS GOODS) REGULATIONS - SECT. 11.
Penalties
Amended by 1975 No. 108 r. 4
11. A person who contravenes or fails to comply with the requirements in a
determination made by the Minister under regulation 6, or by a person to whom
the Minister has delegated his powers under that regulation, for the purposes
of section 253A of the Act (not being a contravention or failure to comply
that constitutes an offence against sub-section (2) of section 253A of the
Act) is guilty of an offence against these Regulations and, upon conviction,
is liable to a penalty not exceeding Two hundred dollars or imprisonment for
three months, or both.
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NAVIGATION (DANGEROUS GOODS) REGULATIONS - SCHEDULE
First Schedule amended by 1979 No. 300 r. 7
SCH
FIRST SCHEDULE
Regulation
7
NAVIGATION (DANGEROUS GOODS) REGULATIONS
NOTICE OF INTENTION TO SHIP DANGEROUS GOODS
To: Port of-
Notice is hereby given that it is proposed to ship in the
lying at on / / , the
undermentioned dangerous goods-
( Quantity, namely, Number of packages.........................Size
of ( packages................... ( Gross
mass..............................
Goods ( Class number..............................
( Description, namely, Correct technical
name.........................
How packed
Name and address of shipper
I certify that the dangerous goods to which this notice relates have been
packed in accordance with the determinations under regulation 6 of the
Navigation (Dangerous Goods) Regulations applicable to them.
Dated this day of , 19 .
Shipper
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Second and Third Schedules repealed by 1979 No. 300
rr. 8 and 9
* * * * * * * *
SCH
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