Navigation (Grain) Regulations (Cth)

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C2004H02450

NAVIGATION (GRAIN) REGULATIONS - Incorporating all amendments by legislation
made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTREG CHAP 191 #DATE 30:06:1980)

*1* The Navigation (Grain) Regulations (in force unde the Navigation Act 1912) as shown in this reprint comprise Statutory Rules 1968 No. 33 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Date of Application, saving Year and notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1968 No. 33 20 Mar 1968 20 Mar 1968 1973 No. 21 8 Feb 1973 8 Feb 1973 - 1975 No. 109 17 June 1975 17 June 1975 - 1976 No. 278 15 Dec 1976 1 Jan 1977 - 1977 No. 267 22 Dec 1977 1 Jan 1978 - 1978 No. 220 21 Nov 1978 21 Nov 1978 R. 7 1979 No. 193 27 Sept 1979 1 Oct 1979 - ----------------------------------------------------------------------------

NAVIGATION (GRAIN) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I-PRELIMINARY

Regulation

1. Citation

2. Repeal

3. (Repealed)

4. Interpretation

5. Application

6. Exemptions

7. Equivalents

PART II-NOTICES

8. Interpretation of Part II

9. Notice of intention to load bulk grain

10. Inspection fees

11. Report on completion of loading

PART III-PREVENTION OF GRAIN FROM SHIFTING

Division 1-Bulk Grain

12. Loading in holds

13. Loading in cargo tanks

14. Hold, &c., partly filled with bulk grain

15. Limit on number of partly filled holds, &c.

16. Holds, &c., wholly filled with bulk grain

17. Common loading

18. Trimming

19. Shifting boards

20. Feeders

21. Extremities of holds

22. Construction of feeders and bulkheads

23. Carriage of bulk grain above deck, &c.

24. Feeding holes

25. Water ballast tanks

Division 2-Bagged Grain

26. Bags to be sound

PART IV-GRAIN LOADING PLANS

27. Bulk grain loading plans-specially suitable ships

28. Bulk grain loading plans-other ships

29. Requirements in relation to plans

30. Approved plan to be returned to the owner of ship

31. Duration of approved grain loading plans

32. Production of approved grain loading plans

PART V-MISCELLANEOUS

33. Ship to be loaded in accordance with approved plan

34. Ships to which grain loading plans have been issued in Convention countries

35. Ships to which Part III applies to be loaded in accordance with that Part

36. Certificate by Minister to be evidence

THE SCHEDULES

FIRST SCHEDULE

Notice of Intention to Load Grain as Required Under Regulation 9 of the Navigation (Grain) Regulations

SECOND SCHEDULE

Shifting Boards Made of Wood

NAVIGATION (GRAIN) REGULATIONS - SECT. 1.
Citation

PART I-PRELIMINARY

1. These Regulations may be cited as the Navigation (Grain) Regulations.*1*

See notes to first article of this Chapter.

NAVIGATION (GRAIN) REGULATIONS - SECT. 2.
Repeal

2. The Navigation (Grain) Regulations (being Statutory Rules 1959, No. 51) are repealed.

Regulation 3 repealed by 1978 No. 220 r. 1 * * * * * * * *

NAVIGATION (GRAIN) REGULATIONS - SECT. 4.
Interpretation

Sub-reg. (1) amended by 1975 No. 109 r. 1; 1978 No. 220 r. 2 4. (1) In these Regulations, unless the contrary intention appears- "approved grain loading plan" means- (a) in relation to a ship registered in Australia for which a grain loading plan has been approved by the Minister under regulation 27 or 28 of these Regulations-the plan so approved; or (b) in relation to a ship registered in a country to which the Safety Convention applies for which a grain loading plan has been approved under the law of that country that gives effect to Chapter VI of the Safety Convention-the plan so approved; "authorized officer ", for a State or Territory, means a person holding, or for the time being performing the duties of, an office in the Department of Transport that is specified for that State or Territory for the purposes of this definition by the Minister by instrument in writing; "compartment" means a space, other than a hold or feeder, in a ship; "grain" means wheat, maize (corn), oats, rye, barley, rice or pulse or other seeds; "grain loading plan" means a plan for the loading in a ship of- (a) bulk grain; or (b) bulk grain and bagged grain; "lower hold" includes a hold in a ship having a single deck; "the Act" means the Navigation Act 1912-1967.

(2) Where a word or phrase used in these Regulations is defined in section 187A of the Act, that word or phrase as so used shall, unless the contrary intention appears, have the meaning given to it in that section.

(3) For the purposes of these Regulations, the prescribed metacentric height for a ship is- (a) in the case of a ship having one or two decks-a metacentric height, after correction for the free surface effects of liquids in tanks, of twelve inches; or (b) in the case of a ship having more than two decks-a metacentric height, after correction for the free surface effects of liquids in tanks, of fourteen inches.

(4) A reference in these Regulations to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations.

(5) Strict compliance with the form contained in the First Schedule is not necessary, and substantial compliance is sufficient.

NAVIGATION (GRAIN) REGULATIONS - SECT. 5.
Application

5. (1) These Regulations apply, except where otherwise provided, to and in relation to all ships, British and foreign, other than river and bay ships.

(2) These Regulations, other than Division 2 of Part III, do not apply to or in relation to a ship carrying grain wholly in bags.

(3) Regulations 14, 15, 16, 17, 20, 21, 23 and 25 of these Regulations do not apply to or in relation to a ship in which grain is stowed in accordance with an approved grain loading plan that is in force in respect of the ship.

(4) Regulations 12, 13, 18, 19, 22, 24 and 26 of these Regulations do not apply to or in relation to a ship registered in a country to which the Safety Convention applies in which grain is stowed in accordance with an approved grain loading plan approved under the law of that country giving effect to Chapter VI of the Safety Convention if the approved grain loading plan in relation to the ship contains provisions corresponding to the provisions of those regulations or contains provisions which modify or vary the provisions of those regulations.

NAVIGATION (GRAIN) REGULATIONS - SECT. 6.
Exemptions

6. (1) Where, in a particular case, the Minister is satisfied that compliance with a requirement of these Regulations is unreasonable or unnecessary, he may, by instrument in writing, grant, subject to such conditions, if any, as he thinks fit, an exemption from compliance with that requirement.

(2) Where an exemption is granted under the last preceding sub-regulation subject to conditions, the person to whom the exemption is granted, or the owner, master or agent of the ship in respect of which the exemption is granted, as the case may be, shall comply with those conditions.

NAVIGATION (GRAIN) REGULATIONS - SECT. 7.
Equivalents

7. (1) Where a provision of these Regulations requires a particular fitting, material, appliance or apparatus, or type thereof, to be fitted or carried in a ship or a particular provision to be made in a ship, the Minister may allow any other fitting, material, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made, if he is satisfied that the other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by that provision of these Regulations.

(2) The reference in the last preceding sub-regulation to a fitting, material, appliance or apparatus, or type thereof, or provision to be made in a ship shall not be read as including a reference to a fitting, material, appliance or apparatus, or type thereof, or provision to be made in a ship in respect of which the Minister may exercise the powers conferred by sub-section (2) of section 191A of the Act.

NAVIGATION (GRAIN) REGULATIONS - SECT. 8.
Interpretation of Part II

PART II-NOTICES

Substituted by 1978 No. 220 r. 3 8. In this Part, "prescribed authority" means- (a) in relation to the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart-an authorized officer for the State in which the port is situated; and (b) in relation to any other port in a State or Territory-an authorized officer for the State or Territory or the person appointed by that authorized officer by instrument in writing to represent him at the port.

NAVIGATION (GRAIN) REGULATIONS - SECT. 9.
Notice of intention to load bulk grain

9. (1) Subject to the next succeeding sub-regulation, the owner, master or agent of a ship on which it is proposed to load bulk grain shall give notice, in accordance with the form in the First Schedule, to the prescribed authority at the appropriate port, of the intention to load the grain.

(2) In the last preceding sub-regulation, "the appropriate port" means- (a) where it is intended to load grain at more than one port in Australia-the first port at which it is intended to load the grain; (b) where grain fittings are to be erected at a port but it is not intended to load grain at that port-the port at which the grain fittings are to be erected; or (c) in any other case-the port at which it is intended to load the grain.

(3) Bulk grain shall not be loaded in a ship at a port unless- (a) notice has been given under the preceding provisions of this regulation at least twenty-four hours before the commencement of the loading; or (b) the prescribed authority at the port has authorized the loading.

(4) Where the provisions of the last preceding sub-regulation are contravened in relation to a ship, the owner, master and agent of the ship are each guilty of an offence against this regulation.

(5) Where a notice has been given under sub-regulation (1) or (2) of this regulation a surveyor may inspect the ship for the purposes of ascertaining whether the ship and the fittings in the ship comply with these Regulations and may inspect the ship at any time while bulk grain is being loaded in the ship or after it has been loaded in the ship for the purpose of ascertaining whether the grain is being loaded or has been loaded in accordance with these Regulations or in accordance with an approved grain loading plan.

NAVIGATION (GRAIN) REGULATIONS - SECT. 10.
Inspection fees

Sub-reg. (1) amended by 1976 No. 278 r. 2; 1977 No. 267 r. 2; 1979 No. 193 r.2 10. (1) Subject to sub-regulations (2), (3) and (5) of this regulation, there is payable in respect of an inspection of a ship in connexion with the loading of grain- (a) a fee of $120 for the first visit by the surveyor; and (b) a fee of $60 for each subsequent visit by the surveyor.

Amended by 1975 No. 109 r. 3; 1976 No. 278 r. 2; 1977 No. 267 r. 2; 1979 No. 193 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 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. 109 r. 3; 1976 No. 278 r. 2; 1977 No. 267 r. 2; 1979 No. 193 r. 2 (3) Where, as a result of a request by the owner, master or agent of a ship, 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. 109 r. 3 (4) A fee payable under sub-regulation (3) is payable in respect of each surveyor who sets out to commence an inspection.

Amended by 1976 No. 278 r. 2; 1977 No. 267 r. 2; 1979 No. 193 r. 2 (5) Where- (a) 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 surveyor, he is compelled to wait for a period in excess of half an hour after that time before he can cmmmence the inspection; (b) 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) 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. 109 r. 3 (6) Where, as a result of a request made by the owner, master or agent of a ship, 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 surveyor if he had travelled to the ship from the nearest port or outport at which a 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. 109 r. 3 (8) A fee payable under this regulation is a debt due to Australia and may be recovered from the owner, master or agent of the ship, in a court of competent jurisdiction.

Amended by 1975 No. 109 r. 3 (9) In this regulation, "the office of the Department ", in relation to an inspection or proposed inspection, by a surveyor of a ship, means the office of the Department of Transport, or of the representatives of that Department, at the place where the inspection is made, or the proposed inspection is to be made.

NAVIGATION (GRAIN) REGULATIONS - SECT. 11.
Report on completion of loading

11. (1) Where the loading of grain into a ship at a port has been completed, the master of the ship shall notify the prescribed authority at the port of the fact that the loading is completed and shall not take the ship to sea- (a) within four hours after the notification has been given; or (b) if, within that period of four hours, he is informed by the prescribed authority that an inspection of the ship is required-until a surveyor has authorized the departure of the ship from the port or within a further period of four hours after the time at which he is informed that the inspection is required.

(2) The owner, master and agent of a ship that is taken to sea in contravention of the last preceding sub-regulation are each guilty of an offence against this regulation.

NAVIGATION (GRAIN) REGULATIONS - SECT. 12.
Loading in holds

PART III-PREVENTION OF GRAIN FROM SHIFTING

Division 1-Bulk Grain

12. Bulk grain shall not be loaded into a hold unless- (a) the bilges and wells are clean; and (b) effective measures have been taken to prevent grain from entering the bilges or wells, but so as not to make the coverings over the bilge suction bays or wells watertight.

NAVIGATION (GRAIN) REGULATIONS - SECT. 13.
Loading in cargo tanks

13. Bulk grain shall not be loaded into a tanker unless effective measures have been taken to prevent grain from blocking one suction pipe in each cargo tank but so as not to prevent water from reaching the suction pipe.

NAVIGATION (GRAIN) REGULATIONS - SECT. 14.
Hold, &c., partly filled with bulk grain

14. (1) Subject to this regulation, bulk grain shall not be loaded into a hold or compartment in a ship so as to partly fill the hold or compartment- (a) unless it is divided by a longitudinal bulkhead constructed to the satisfaction of a surveyor, or by shifting boards- (i) along the centre fore and aft line of the ship; or (ii) parallel to the centre fore and aft line of the ship and at a distance from that line not exceeding five per cent of the moulded breadth of the ship; or (b) unless it is divided by longitudinal bulkheads or by shifting boards which are spaced equidistant on either side of the centre fore and aft line of the ship and so placed that the distance between them does not exceed sixty per cent of the moulded breadth of the ship.

(2) The longitudinal bulkheads and shifting boards referred to in the last preceding sub-regulation shall extend from the bottom of the hold or compartment to a height of not less than two feet above the upper surface of the grain.

(3) The longitudinal bulkheads or shifting boards referred to in sub-regulation (1) of this regulation are not required to be fitted- (a) in a lower hold that is to be partly filled with bulk grain, if the quantity of grain in the hold will not exceed- (i) in the case of a lower hold containing a shaft or similar tunnel-one-half of the capacity of the hold; or (ii) in any other case-one-third of the capacity of the hold; (b) in a compartment in a 'tween deck or superstructure that is to be partly filled with bulk grain if the wings of the compartment are to be tightly stowed, deck to deck, with bagged grain or other suitable cargo to a breadth in each wing, measured from any point on that part of the hull forming a boundary of the wing, of not less than twenty per cent of the breadth of the ship at that point; (c) in a part of a hold or compartment that is to be partly filled with bulk grain if the maximum breadth of the deckhead within that part of the hold or compartment does not exceed one-half of the moulded breadth of the ship; or (d) in way of a hatchway in a hold that is to be partly filled with bulk grain, other than linseed, if the whole of the cargo in the ship is so stowed that, while it is in the ship, the metacentric height of the ship will not be less than the prescribed metacentric height for the ship.

(4) Where a hold or compartment is partly filled with bulk grain- (a) the upper surface of the grain shall be made level, both from side to side and fore and aft; and (b) bagged grain or other suitable cargo, supported on a platform that is constructed and fitted in accordance with the requirements set out in the Second Schedule, shall be tightly stowed over the whole of the upper surface of the bulk grain to a height above that grain of not less than- (i) four feet, within spaces divided by longitudinal bulkheads or shifting boards and in spaces referred to in paragraph (a) of sub-regulation (3) of this regulation; or (ii) five feet, within spaces not so divided.

NAVIGATION (GRAIN) REGULATIONS - SECT. 15.
Limit on number of partly filled holds, &c.

15. (1) Subject to sub-regulation (3) of this regulation, where more than two holds or compartments are to be partly filled with bulk grain, each of those holds or compartments in excess of two shall be filled up to the deckhead with bagged or other suitable cargo.

(2) For the purposes of the last preceding sub-regulation- (a) a lower hold and a 'tween deck or 'tween decks above the lower hold shall be deemed to be separate compartments; (b) a hold or compartment divided by one or more grain-tight longitudinal divisions shall, notwithstanding the division, be deemed to be one hold or compartment, as the case may be; and (c) feeders, and partly filled spaces in which the deck area covered by the grain does not exceed one thousand square feet, shall not be regarded as compartments.

(3) This regulation does not apply to or in relation to a ship in which the cargo is so stowed that, while it is in the ship, the metacentric height of the ship is not less than the prescribed metacentric height for the ship.

NAVIGATION (GRAIN) REGULATIONS - SECT. 16.
Holds, &c., wholly filled with bulk grain

16. (1) Subject to these Regulations, bulk grain shall not be loaded in a hold or compartment so as to fill the hold or compartment unless it is divided by longitudinal bulkheads, constructed to the satisfaction of a surveyor, or by shifting boards- (a) along the centre fore and aft line of the ship; (b) parallel to the centre fore and aft line of the ship and at a distance from that line not exceeding five per cent of the moulded breadth of the ship; or (c) parallel to the centre fore and aft line of the ship and at a distance from that line exceeding five per cent of the moulded breadth of the ship, if- (i) the distance between the longitudinal bulkheads or shifting boards does not exceed sixty per cent of the moulded breadth of the ship; (ii) end trimming hatches approved by a surveyor are provided in the wings at a distance from transverse bulkheads of not more than twelve feet, measured in a fore and aft line; and (iii) trimming hatches approved by a surveyor are provided in the wings, between the hatches referred to in the last preceding sub-paragraph, at longitudinal intervals of not more than twenty-five feet.

(2) The longitudinal bulkheads and shifting boards referred to in the last preceding sub-regulation- (a) shall extend to the top of each feeder by which the hold or compartment is fed; (b) when fitted in a hold, shall extend downwards from the underside of the deck for a distance of not less than one-third of the depth of the hold or eight feet, whichever is the greater; and (c) when fitted in a compartment in a 'tween deck or superstructure, shall extend from deck to deck.

(3) Any space above the shifting boards referred to in sub-regulation (1) of this regulation and between the beams shall be made grain-tight by a wood filling piece constructed and fitted in accordance with the requirements set out in the Second Schedule.

(4) The longitudinal bulkheads or shifting boards referred to in sub-regulation (1) of this regulation are not required to be fitted- (a) in a compartment in a 'tween deck or superstructure that is to be filled with bulk grain if the wings of the compartment are to be tightly stowed, deck to deck, with bagged grain or other suitable cargo to a breadth in each wing, measured from any point on that part of the hull forming a boundary of the wing, of not less than twenty per cent of the breadth of the ship at that point; (b) in a part of a hold or compartment that is to be filled with bulk grain if the maximum breadth of the deckhead within that part of the hold or compartment does not exceed one-half of the moulded breadth of the ship; (c) below and within seven feet of a feeder, but only in way of a hatchway, in a hold or compartment that is to be filled with bulk grain, other than linseed, if- (i) the feeder will contain, or the feeders feeding the hold or compartment will together contain, not less than five per cent of the quantity of grain in the hold or compartment; and (ii) the whole of the cargo in the ship is to be so stowed that, while it is in the ship, the metacentric height of the ship will not be less than the prescribed metacentric height for the ship; (d) in a feeder in a hold or compartment that is to be filled with bulk grain, other than linseed, if- (i) the feeder contains, or the feeders feeding the hold or compartment together contain, not less than five per cent of the quantity of grain in the hold or compartment; (ii) the feeder is so constructed that, while the grain is in the hold or compartment, the free grain surface will remain within the feeder after allowing for a sinking of the grain amounting to two per cent of the volume of the hold or compartment and for a shifting of the free grain surface to an angle of twelve degrees to the horizontal; and (iii) after allowing for the sinking and shifting of grain referred to in the last preceding sub-paragraph, the whole of the cargo in the ship will be so stowed that, while it is in the ship, the metacentric height of the ship will not be less than the prescribed metacentric height for the ship; or (e) in way of a hatchway in a hold or compartment that is to be filled with bulk grain, other than linseed, if, after the hold or compartment is filled with the grain, the following conditions are complied with: (i) the grain beneath the hatchway is trimmed in the form of a saucer hard up to the deckhead beyond the hatchway; (ii) bagged grain or other suitable bagged cargo is stowed over the whole of the upper surface of the grain to a height of not less than six feet, measured from the centre of the saucer to the deck line; (iii) the bagged grain or other suitable bagged cargo fills the hatchway and the saucer below and is tightly stowed against the deckhead, the longitudinal bulkheads, the hatchway beams and the hatchway side and end coamings; and (iv) the whole of the cargo carried in the ship is so stowed that, while it is in the ship, the metacentric height of the ship is not less than the prescribed metacentric height for the ship.

(5) For the purposes of these Regulations- (a) a compartment referred to in paragraph (a) of the last preceding sub-regulation the wings of which are stowed with bagged grain in the manner set out in that paragraph; and (b) a hold or compartment referred to in paragraph (e) of the last preceding sub-regulation in which the bulk grain is trimmed and bagged grain is stowed in the manner set out in that paragraph, shall be deemed to be wholly filled with bulk grain.

NAVIGATION (GRAIN) REGULATIONS - SECT. 17.
Common loading

Amended by 1973 No. 21 r. 2 17. For the purposes of these Regulations, other than regulation 14 or paragraph (e) of sub-regulation (4) of the last preceding regulation- (a) a lower hold and a 'tween deck above the lower hold; or (b) a lower hold and 'tween decks above the lower hold, shall be deemed to be one compartment if- (c) longitudinal bulkheads or shifting boards are fitted in accordance with sub-regulation (1) of the last preceding regulation and- (i) in the case of a ship having two decks, extend from deck to deck in the 'tween deck; or (ii) in the case of a ship having more than two decks, extend downwards from the top of the common spaces for a distance of not less than one-third of the total depth of the common spaces; and (d) openings are provided in the wings of the deck immediately below the uppermost deck of the compartments loaded in common, forward and aft of the ends of the hatchways, wherever necessary to provide, in combination with the hatchways, a maximum feeding distance of eight feet, measured in a fore and aft line.

NAVIGATION (GRAIN) REGULATIONS - SECT. 18.
Trimming

18. Where a hold or compartment is wholly filled with bulk grain, the grain shall be well trimmed up between the beams and into the wings and ends and the spaces between the beams shall be filled with grain.

NAVIGATION (GRAIN) REGULATIONS - SECT. 19.
Shifting boards

Amended by 1973 No. 21 r. 3; 1978 No. 220 r. 4 19. The shifting boards referred to in regulations 14, 16 and 17 of these Regulations- (a) when made of wood, shall comply with, and be fitted in accordance with, the requirements set out in the Second Schedule; or (b) when made of material other than wood, shall be- (i) constructed in accordance with a method approved by an authorized officer for a State or Territory; and (ii) supported and secured to the satisfaction of a surveyor.

NAVIGATION (GRAIN) REGULATIONS - SECT. 20.
Feeders

20. (1) Subject to this regulation, a hold or compartment that is to be wholly filled with bulk grain shall be provided with feeders, so arranged as to secure a free flow of grain to all parts of the hold or compartment.

(2) A feeder shall be of such a size and so filled that when the hold or compartment is filled with bulk grain the feeder will contain not less than two per cent of the grain carried in the part of the hold or compartment fed by the feeder.

(3) This regulation does not apply to or in relation to- (a) a hold or compartment referred to in paragraph (e) of sub-regulation (4) of regulation 16 of these Regulations in which the bulk grain is trimmed and bagged grain is stowed in the manner set out in that paragraph; or (b) a deep tank- (i) the greatest width of which does not exceed one-half of the moulded breadth of the ship and which is primarily constructed for the carriage of liquids; or (ii) which is so divided by one or more permanent steel longitudinal divisions that the greatest width of each space in the tank does not exceed one-half of the moulded breadth of the ship, if the tank and tank hatchways are completely filled with bulk grain and the tank lids are secured.

NAVIGATION (GRAIN) REGULATIONS - SECT. 21.
Extremities of holds

21. (1) Where, in a hold or compartment referred to in paragraph (e) of sub-regulation (4) of regulation 16 of these Regulations in which the bulk grain is trimmed in the form of a saucer and bagged grain is stowed in the manner set out in that paragraph, or in a hold or compartment required under the last preceding regulation to be provided with feeders, a part of the hold or compartment is more than twenty-five feet, measured in a fore and aft line, from the edge of the saucer or from the nearest feeder, as the case may be- (a) the bulk grain in that part shall be levelled off at a depth of at least six feet below the deck; and (b) the space above the bulk grain so levelled off shall be filled with bagged grain built up on a platform that is constructed and fitted in accordance with the requirements set out in the Second Schedule.

(2) For the purposes of these Regulations, a hold or compartment containing bulk grain in which bagged grain is stowed in accordance with the last preceding sub-regulation shall be deemed to be wholly filled with bulk grain.

NAVIGATION (GRAIN) REGULATIONS - SECT. 22.
Construction of feeders and bulkheads

22. A feeder that is to contain bulk grain or a bulkhead of a compartment that is to contain bulk grain shall be constructed in accordance with the requirements set out in the Second Schedule.

NAVIGATION (GRAIN) REGULATIONS - SECT. 23.
Carriage of bulk grain above deck, &c.

23. (1) Subject to this regulation, bulk grain shall not be carried in spaces- (a) above the deck, in the case of a ship having a single deck; (b) in the 'tween deck, in the case of a ship having two decks; or (c) in the uppermost 'tween deck, in the case of a ship having more than two decks.

(2) Subject to these Regulations, bulk grain may be carried in spaces referred to in the last preceding sub-regulation, if- (a) the cargo in the ship is so stowed that, while it is in the ship- (i) the metacentric height of the ship is not less than the prescribed metacentric height for the ship; or (ii) the ship will have adequate stability; (b) in the case of spaces partly filled with bulk grain, the deck area covered by the grain in each of the spaces does not exceed one thousand square feet; and (c) the spaces are divided by transverse bulkheads- (i) at intervals of not more than one hundred feet; or (ii) at intervals of more than one hundred feet, where the space in excess of one hundred feet is completely filled with bagged grain or other suitable cargo.

(3) For the purposes of paragraph (a) of the last preceding sub-regulation, where bulk grain is carried in a ship in spaces referred to in sub-regulation (1) of this regulation, the ship has adequate stability if- (a) the total weight of cargo in those spaces, except where the grain in those spaces is oats, barley or cotton seed, is not more than twenty-eight per cent of the weight of cargo below those spaces; and (b) the master is satisfied that, in all the circumstances, the ship will have adequate stability and that the safety of the ship will not be endangered.

NAVIGATION (GRAIN) REGULATIONS - SECT. 24.
Feeding holes

24. Where the depth, below the surface of the deck, of the hatch end beams or coamings of a hatch containing bulk grain exceeds fifteen inches, feeding holes spaced approximately two feet apart shall be provided, in accordance with the requirements set out in the Second Schedule, to allow the grain to flow through the beams or coamings into the hold or 'tween decks.

NAVIGATION (GRAIN) REGULATIONS - SECT. 25.
Water ballast tanks

25. (1) Subject to the next succeeding sub-regulation, where, for the purpose of providing for the stability of a ship carrying bulk grain, a double bottom tank is fitted in the ship, the tank shall be divided by one or more water-tight longitudinal divisions.

(2) Where the width of a tank referred to in the last preceding sub-regulation, measured half-way along the length of the tank, does not exceed sixty per cent of the moulded breadth of the ship, that sub-regulation does not apply to the tank.

NAVIGATION (GRAIN) REGULATIONS - SECT. 26.
Bags to be sound

Division 2-Bagged Grain

26. Bagged grain shall not be loaded or carried in a ship unless the bags are sound, well filled and securely closed.

NAVIGATION (GRAIN) REGULATIONS - SECT. 27.
Bulk grain loading plans- specially suitable ships

PART IV-GRAIN LOADING PLANS

27. (1) A reference in this Part to a specially suitable ship is a reference to a ship constructed with two or more vertical, or sloping, grain-tight longitudinal divisions that are so placed that they limit the effect of a transverse shift of grain carried in the ship.

(2) The Minister shall approve a plan for the loading of bulk grain in a specially suitable ship that is registered in Australia if he is satisfied that- (a) the plan provides that, when grain is loaded in the ship, as many holds and compartments as possible will be full and trimmed full; and (b) the plan provides for the grain to be so stowed that, while it is in the ship, the ship will not list to an angle greater than five degrees on the assumptions- (i) that a sinking of grain amounting to two per cent of the volume of the hold or compartment in which the grain is carried will take place; (ii) that a shift of the grain surface, in the case of a hold or compartment while filled with bulk grain, to an angle of twelve degrees from the horizontal under all the boundaries of the hold or compartment that are at an angle of less than thirty degrees to the horizontal will take place; (iii) that a shift of the free grain surface, in the case of a hold or compartment partly filled with bulk grain, to an angle of twelve degrees from the horizontal or such larger angle as the Minister, in a particular case, approves will take place; (iv) that a shift of the free grain surface, in the case of a hold or compartment partly filled with bulk grain and overstowed in accordance with the provisions of sub-regulation (4) of regulation 14 of these Regulations, to an angle of eight degrees from the horizontal will take place; and (v) shifting boards, if fitted, will limit the transverse shift of the surface of the grain.

NAVIGATION (GRAIN) REGULATIONS - SECT. 28.
Bulk grain loading plans-other ships

28. The Minister may approve a plan for the loading of bulk grain in a ship registered in Australia, not being a specially suitable ship, if he is satisfied that, when grain is loaded in the ship in accordance with the plan, the whole of the cargo in the ship is so stowed that, while the cargo is in the ship, the ship will be as stable as it would have been if the requirement of Part III of these Regulations had been complied with in relation to the ship.

NAVIGATION (GRAIN) REGULATIONS - SECT. 29.
Requirements in relation to plans

29. (1) An application for an approval of a plan for the loading of bulk grain in a ship under either of the last two preceding regulations shall be made by the owner of the ship submitting to the Minister two copies of the plan.

(2) The plan- (a) shall contain details of the manner in which the grain is to be stowed in the ship; (b) shall contain details of the fittings to be used and the measures to be taken to prevent the grain from shifting; and (c) shall have endorsed on or attached to it a calculation of the stability of the ship when so loaded together with such information as is necessary to calculate the stability of the ship when so loaded and, in the case of a specially suitable ship, such information as is necessary to show that the ship when so loaded will not, at any stage of the voyage, list to an angle greater than five degrees.

Amended by 1976 No. 278 r. 3; 1977 No. 267 r. 3; 1979 No. 193 r. 3 (3) The fee payable on making an application for an approval of a plan for the loading of bulk grain in a ship under either of the last two preceding regulations is $450.

NAVIGATION (GRAIN) REGULATIONS - SECT. 30.
Approved plan to be returned to the owner of ship

30. Where the Minister has, under regulation 27 or 28 of these Regulations, approved a plan for the loading of bulk grain in a ship, the Minister shall cause one copy of the plan bearing an endorsement that he has approved of the plan to be returned to the owner of the ship.

NAVIGATION (GRAIN) REGULATIONS - SECT. 31.
Duration of approved grain loading plans

31. (1) An approved grain loading plan approved under regulation 27 or 28 of these Regulations remains in force, unless sooner surrendered, until the approval is cancelled by the Minister in accordance with the next succeeding sub-regulation.

(2) Where an approved grain loading plan is in force in respect of a ship and the Minister is of the opinion that, in the interests of the safety of the ship, the approval of the plan should be cancelled, the Minister may, by notice in writing to the owner, master or agent of the ship- (a) cancel the approval; and (b) require the owner, master or agent to surrender the plan forthwith to the person specified for the purpose in the notice.

(3) On receipt of a notice under the last preceding sub-regulation, the owner, master or agent of the ship shall surrender the grain loading plan to the person specified in the notice as the person to whom the plan is to be surrendered.

NAVIGATION (GRAIN) REGULATIONS - SECT. 32.
Production of approved grain loading plans

Amended by 1978 No. 220 r. 5 32. The master of a ship in respect of which there is in force an approved grain loading plan shall, on request by an authorized officer for a State or Territory, a surveyor or a person authorized in that behalf by the Minister, produce the plan for inspection, together with a calculation of the stability of the ship when loaded in accordance with the plan and such information as is necessary to calculate the stability of the ship when so loaded.

NAVIGATION (GRAIN) REGULATIONS - SECT. 33.
Ship to be loaded in accordance with approved plan

PART V-MISCELLANEOUS

33. (1) Where the Minister has, under regulation 27 or 28 of these Regulations, approved a plan for the loading of bulk grain in a ship, the owner, master and agent of the ship are each guilty of an offence against this regulation if- (a) the ship is loaded with bulk grain otherwise than in accordance with the prescribed loading requirements for the ship; or (b) the ship is taken to sea loaded with bulk grain otherwise than in accordance with the prescribed loading requirements for the ship.

(2) For the purposes of the last preceding sub-regulation, "the prescribed loading requirements ", in relation to a ship, are the requirements specified in the approved grain loading plan for the ship and the requirements of regulations 12, 13, 18, 19, 22, 24 and 26 of these Regulations.

NAVIGATION (GRAIN) REGULATIONS - SECT. 34.
Ships to which grain loading plans have been issued in Convention countries

34. (1) This regulation applies to a ship registered in a country to which the Safety Convention applies, being a ship that carries a plan for the loading of bulk grain in the ship approved under the law of that country that gives effect to Chapter VI of the Safety Convention.

(2) The owner, master and agent of a ship to which this regulation applies are each guilty of an offence against this regulation if- (a) the ship is loaded with bulk grain otherwise than in accordance with the prescribed loading requirements for the ship; or (b) the ship is taken to sea loaded with bulk grain otherwise than in accordance with the prescribed loading requirements for the ship.

(3) For the purposes of the last preceding sub-regulation, "the prescribed loading requirements ", in relation to a ship to which this regulation applies, are the requirements specified in the approved grain loading plan for the ship and, subject to the next succeeding sub-regulation, the requirements of regulations 12, 13, 18, 19, 22, 24 and 26 of these Regulations.

(4) Where the approved grain loading plan in relation to a ship contains provisions that correspond with, or modify or vary, the provisions of any of the regulations referred to in the last preceding sub-regulation, the requirements of such a regulation are not, for the purposes of sub-regulation (2) of this regulation, prescribed loading requirements for the ship.

NAVIGATION (GRAIN) REGULATIONS - SECT. 35.
Ships to which Part III applies to be loaded in accordance with that Part

35. (1) This regulation applies to a ship other than a ship in respect of which there is in force an approved grain loading plan.

(2) The owner, master and agent of a ship to which this regulation applies are each guilty of an offence against this regulation if- (a) the ship is loaded with bulk grain otherwise than in accordance with the requirements of Part III of these Regulations; or (b) the ship is taken to sea loaded with bulk grain otherwise than in accordance with the requirements of Part III of these Regulations.

NAVIGATION (GRAIN) REGULATIONS - SECT. 36.
Certificate by Minister to be evidence

36. (1) The Minister may, by instrument in writing under his hand, certify- (a) that a document annexed to the instrument is a copy of the approved grain loading plan for a ship; and (b) that the approved grain loading plan for a ship was in force on a specified date or during a specified period.

(2) An instrument purporting to be an instrument under the last preceding sub-regulation is evidence of the facts stated in the instrument.

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NAVIGATION (GRAIN) REGULATIONS - SCHEDULES

SCH

THE SCHEDULES First Schedule amended by 1975 No. 109 r. 4

SCH

FIRST SCHEDULE Regulation 9 AUSTRALIA Navigation (Grain) Regulations NOTICE OF INTENTION TO LOAD GRAIN AS REQUIRED UNDER REGULATION 9 OF THE NAVIGATION (GRAIN) REGULATIONS (To be completed by Owner, Master or Agent) (a) (c) (e) (g) (i) (k) Name of Ship: Owner or Agent: Fitting out Port: Summer (Freeboard:....(T.P.I. .... (Load Draught:....(F.W.A. .... Approved Plan Authority: (If held) Date: Particulars of Proposed Loading: (b) (d) (f) (h) (j) (l) Port of Registry: Official Number: Port of Destination and Route: Loading Port(s): DWT Cargo Capacity (Tons): Type of Grain to be loaded: Type of Ship (e.g. General Cargo, Tanker, Bulk Carrier, etc.): ------------------------------------------------------------------------------ -- HOLDS FEEDERS 'TWEEN DECKS ------------------------------------------------------------------------------ -- COMPARTMENT Stowage Factor Stowage Factor Stowage Factor ------------------------------------------------------------------------------ -- Cubic Tons Cubic Tons Cubic Tons 1 ------------------------------------------------------------------------------ -- 2 ------------------------------------------------------------------------------ -- 3 ------------------------------------------------------------------------------ -- 4 ------------------------------------------------------------------------------ -- 5 ------------------------------------------------------------------------------ -- 6 ------------------------------------------------------------------------------ -- 7 ------------------------------------------------------------------------------ -- 8 ------------------------------------------------------------------------------ -- TOTALS: Tons Tons Tons ------------------------------------------------------------------------------ -- Ship will be ready for inspection on................date, at.............berth Signature of Owner, Master or Agent.............................................

----------------- Amended by 1973 No. 21 r. 4; 1978 No. 220 r. 6

NAVIGATION (GRAIN) REGULATIONS - SCHEDULE

SCH

SECOND SCHEDULE Regulations 14,16, 19, 21, 22 and 24 SHIFTING BOARDS MADE OF WOOD 1. Shifting boards shall- (a) be not less than two inches thick; (b) be made of sound timber; (c) be fitted grain-tight; and (d) be supported by uprights.

2. The maximum distance from centre to centre of the uprights shall, according to the thickness of the shifting boards, be in accordance with the following table: ------------------------------------------------------------------------------ -- Maximum distance Thickness of boards between centres of uprights ------------------------------------------------------------------------------ -- Not less than 3 inches . . . . . . . . . . . . . . . . . . 13 feet Less than 3 inches, but not less than 21/2 inches . . . . 11 feet Less than 21/2 inches . . . . . . . . . . . . . . . . . . 8 feet ------------------------------------------------------------------------------ -- 3. (1) Shifting boards shall be securely housed at bulkheads by means either of permanent angle bars or of wood cants suitably shored and measuring not less than six inches in width and three inches in thickness.

(2) The housing shall be not less than three inches.

4. (1) Where shifting boards of a thickness of two and one-half inches or more are used, the boards may be butt-joined at the uprights if not less than four inches of the end of each board is supported.

(2) Where shifting boards of a thickness of less than two and one-half inches are used, the joints shall overlap by at least nine inches at the uprights.

5. (1) Any space above the shifting boards and between the beams shall be made grain-tight by- (a) a wood filling piece, of the same thickness as the shifting boards, that is- (i) fitted between the beams; and (ii) secured in place by cleats or scabs fitted on both sides and at each end of the filling piece; or (b) any other method approved by a surveyor.

(2) A cleat or scab referred to in the last preceding sub-item shall be- (a) not less than two inches thick and four inches wide; (b) of a length not less than twice the full depth of the filling piece; and (c) securely spiked or bolted to the shifting board and the filling piece.

6. Subject to the next succeeding item, the construction and dimensions of an angle bar upright used in association with wire stays shall be in accordance with Specification No 1 or Specification No. 2 set out below. SPECIFICATION No. 1 (a) Each upright shall consist of four angle bars 4" x 4" x 4 /10 ", and a steel plate 111/2" x 1/2" extending the full length of the upright, riveted to form one complete structure allowing 4" housings on both fore and after sides.

(b) Equivalent brackets riveted to head and heel shall be fitted, each to take five 7/8" bolts with corresponding lugs or angles, or combination of lugs and angles, on tank top, tunnel top, deck beams or hatch webs.

SPECIFICATION No. 2 (a) Each upright shall consist of two angle bars, the minimum size of which shall be determined in accordance with the following table: ------------------------------------------------------------------------------ -- Vertical spans Horizontal distance between supported by Minimum sizes of angle bars centres of uprights each stay ------------------------------------------------------------------------------ -- ( 8 feet . . . . 3 inches by 3 inches by .38 ( inch 8 feet (2 inch shifting ( boards) . . . . . . . . . . . ( 11 feet . . . 31/2 inches by 31/2 inches by ( .38 inch ( 14 feet . . . 41/2 inches by 31/2 inches by .44 inch ( 8 feet . . . . 3 inches by 3 inches by .38 ( inch 11 feet (21/2 inch shifting ( boards) . . . . . . . . . . . ( 11 feet . . . 4 inches by 31/2 inches by ( .40 inch ( 14 feet . . . 6 inches by 31/2 inches by .40 inch ( 8 feet . . . . 3 inches by 3 inches by .38 ( inch 13 feet (3 inch shifting ( boards) . . . . . . . . . . . ( 11 feet . . . 4 inches by 31/2 inches by ( .42 inch ( 14 feet . . . 6 inches by 31/2 inches by .40 inch ------------------------------------------------------------------------------ -- (b) The angle bars shall be- (i) connected at head and heel to the tank top, tunnel top, deck beams or hatch webs by angle lugs having two 7/8" bolts in each upright and equivalent fastenings to tank top, tunnel top, deck beams or hatch webs; and (ii) bolted together through the shifting boards by 7/8" bolts spaced not not more than four feet apart.

7. Where shifting boards of less than two and one-half inches in thickness are used, angle bar uprights of a construction and with dimensions in accordance with Specification No. 1 set out in the last preceding item shall not be fitted. 8. A wood upright shall be not less than ten inches in width and two inches in thickness or, if supported with wire stays, not less than eleven inches in width and three inches in thickness.

9. A wood upright shall be cleated to the tank top or ceiling where fitted.

10. Where a wood upright is not securely housed at the top, the head shall be secured by supporting shores or stays attached to the upright not more than eighteen inches from the deck or the top of the upright.

11. Where pillars that are not staggered are used for supporting shifting boards, the boards shall be attached to the pillars- (a) by means of hook-bolts and vertical tie-plates; or (b) by uprights secured to the pillars.

12. The tie-plates referred to in the last preceding item shall- (a) consist of plates not less than three inches in width and not less than one-half of an inch in thickness; and (b) be through-bolted to the pillars at intervals of not more than three feet.

13. Wood uprights shall be supported- (a) by steel wire rope stays set up at the ship's side; (b) by wood shores securely heeled against the permanent structure of the ship, other than directly against the ship's side plating; or (c) by other means approved by a surveyor.

14. A wood shore shall be of sound timber in a single piece.

15. (1) Subject to items 10 and 21 of this Schedule, in a hold, the uppermost shore shall be not more than seven feet below the top of the upright; the lowermost shore shall be not more than eight feet above the heel support and the intermediate shores shall be spaced not more than seven feet apart.

(2) In a compartment, there shall be one or more shores, depending on the height of the 'tween deck and the requirements of items 10 and 18 of this Schedule.

16. The minimum size of a wood shore shall, according to its length and type of section, be in accordance with the following table: ------------------------------------------------------------------------------ -- Minimum size ------------------------------------ Length of shore Rectangular section Circular section ------------------------------------------------------------------------------ -- Not exceeding 16 feet . . . . . . . . . . 6 inches by 4 inches 5l/2 inches diameter Exceeding 16 feet, but not exceeding 20 feet . . . . . . . . . . . . . . . . . . 6 inches by 6 inches 7 inches diameter Exceeding 20 feet, but not exceeding 24 feet . . . . . . . . . . . . . . . . . . 8 inches by 6 inches 71/2 inches diameter Exceeding 24 feet, but not exceeding 28 feet . . . . . . . . . . . . . . . . . . 8 inches by 6 inches 8 inches diameter Exceeding 28 feet . . . . . . . . . . . . 8 inches by 6 inches 81/2 inches diameter ------------------------------------------------------------------------------ -- 17. A wood shore exceeding twenty-four feet in length shall be securely bridged at approximately mid-length.

18. (1) Where practicable, the angle between a shore and the horizontal shall not exceed ten degrees, but that angle shall not, in any case, exceed forty-five degrees.

(2) Where a shore is fitted at an angle exceeding ten degrees from the horizontal, the size of the shore shall not be less than that of the next larger minimum size required by item 16 of this Schedule.

19. (1) Subject to items 10 and 21 of this Schedule, where an upright in a hold is supported with wire stays- (a) in the case of a hold of twenty feet or less in depth-there shall be fitted at least one stay on each side of the upright, each being attached at approximately one-third of the depth of the hold from the under deck; and (b) in any other case-there shall be fitted at least two stays on each side of the upright, an upper stay being attached at approximately one-quarter of the depth of the hold from the under deck and a lower stay being attached at approximately one-half of the depth of the hold.

(2) Subject to items 10 and 21 of this Schedule, where an upright in a compartment is to be supported with wire stays, there shall be fitted one stay on each side of the upright at a height equal to one-half of the height of the 'tween deck measured on the centre line of the ship.

(3) The stays required by this item are in addition to any stays used to secure an upright at its head or heel.

(4) For the purposes of this item, the depth of a hold shall be measured from the underside of the deck above the hold to the bottom of the hold.

20. Where a wire stay is used to support an upright, the following provisions shall be complied with: (a) The stay shall be of three-inch-circumference flexible steel wire rope and be fitted horizontally.

(b) A rigging screw used in connexion with the stay shall be one and one quarter inches in diameter and shall be fitted in an accessible position.

(c) A shackle used in connexion with the stay shall be one inch in diameter.

(d) Screw bolts and nuts of seven-eighths inches diameter shall be used for securing the wood uprights or steel angle bars.

(e) The eye bolts through the uprights shall be one and one-quarter inches in diameter.

(f) Eye plates of one inch thickness shall be securely riveted to the side stringers or frames or, alternatively, one inch shackles shall be passed through the frames.

21. Where shifting boards do not extend the full depth of a hold, the supporting shores or stays shall be spaced to the satisfaction of a surveyor.

PLATFORMS 22. A platform shall consist of- (a) boards that are not less than one inch thick and four inches wide, are spaced not more than four inches apart and are laid on bearers that are not less than one inch thick and four inches wide and are spaced not more than four feet apart; or (b) tarpaulins or other strong material overlapped to the satisfaction of a surveyor.

FEEDERS AND COMPARTMENT BULKHEADS 23. (1) A feeder containing bulk grain or a bulkhead of a compartment containing bulk grain, shall be grain-tight and of sufficient strength to withstand the head of grain.

(2) A feeder containing bulk grain, or a bulkhead of a compartment containing bulk grain, shall be constructed- (a) of vertical planks, each of which shall be- (i) not less than two and one-half inches in thickness; or (ii) where the vertical unsupported span of a plank exceeds eight feet, of such greater thickness, or with such stiffening, as is approved by a surveyor; (b) of studding- (i) the sections of which shall be not less than four inches by six inches; (ii) that, in the case of a feeder, is placed, where possible, inside the hatch coamings; (iii) that is spaced not more than two feet between centres; and (iv) that is lined with grain-tight planks not less than two inches in thickness, or with two one-inch horizontal layers of shiplap laid to break the joints; or (c) in such other manner as is approved by an authorized officer for a State or Territory.

(3) Planks at a corner of a feeder or compartment shall be well secured.

FEEDING HOLES 24. (1) Feeding holes shall be spaced approximately two feet apart.

(2) Where the depth below the surface of the deck of the hatch and beams or coamings exceeds fifteen inches but does not exceed eighteen inches, the feeding holes shall be not less than two inches in diameter and, where that depth exceeds eighteen inches, the feeding holes shall be not less than three and one-half inches in diameter.

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