Navigation (Loading and Unloading) Regulations 1928 (Amendment) (Cth)

STATUTORY RULES.

1937. No. .

––––––––

REGULATIONS UNDER THE NAVIGATION ACT 1912-1935.*

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 1912-1935.

Dated this twenty first day of April, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

For Minister of State for Commerce.

––––––

Amendments of the Navigation (Loading and Unloading) Regulations.  

Inspection of cargo gear.

1. Regulation 5 of the Navigation (Loading and Unloading) Regulations is amended—

(a) by omitting the symbols and figure “(1)”; and

(b) by omitting sub-regulations (2) and (3).

Load limited to safe working load.

2.Regulation 23 of the Navigation (Loading and Unloading) Regulations is amended by omitting the words “Chain or other lifting” and inserting in their stead the word “Cargo”.

3. After regulation 23 of the Navigation (Loading and Unloading) Regulations the following regulation is inserted:—

Safe use of cargo gear.

“ 23a. Cargo gear shall not be rigged, rove or used in such a manner as to involve risk to life or property or to subject the gear to a greater strain than it has been certified as capable of bearing.”.

4. Regulation 28a of the Navigation (Loading and Unloading) Regulations is repealed and the following regulation inserted in its stead:—

Hatch beams to be removed or secured before loading or unloading.

“28a.—(1) Before any loading or unloading work is begun at a hatch on any vessel to which these Regulations apply, all hatch beams shall be removed, unless the hatch is of such size as to permit of the work being carried out without any danger to the workers in the hold from a load striking against any beam left in place.

 

* Notified in the Commonwealth Gazette on  , 1937.

  Statutory Rules 1928 No. 20, as amended by Statutory Rules 1928, No. 89; 1930, No. 126; 1931, No. 121; 1932, No. 20; and 1936, No.126.

1138.––8/23.3.1937.—Price 3d.

(2) If the cargo is to be loaded or unloaded through more than one hatch and it is necessary to remove the hatch beams, the beams from the topmost hatch shall be removed first, and the beams from upper hatches shall be removed before those from lower hatches.

(3) Where any hatch beam is left in place it shall, before loading or unloading work begins, be securely fastened at each end by means of fastenings provided for the purpose and in such manner as to prevent its accidental displacement.”.

5.After regulation 34 of the Navigation (Loading and Unloading) Regulations the following regulation is inserted:—

Offences.

“35.—(1) Any person who commits a breach of, or fails to comply with, any of these Regulations shall be guilty of an offence.

Penalty: Fifty pounds.

(2) Except where a duty or obligation is laid by a regulation upon some other person (in which case the penalty for breach of the regulation shall be upon that person), the master, owner and agent of the ship shall be jointly and severally liable to penalty in respect of any breach of the requirements of the regulation which occurs in relation to the loading or unloading of the ship.”.

Schedule.

6. The Navigation (Loading and Unloading) Regulations are amended by inserting before Form L.U.—1 the words “THE SCHEDULE.”.

Form L.U.—2.

7. Form L.U.—2 in the Navigation (Loading and Unloading) Regulations is amended by omitting the figures and letters “2s. 6d.” and inserting in their stead the figures and letters “1s. 6d.”.

––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.