Navigation (Loading and Unloading Safety Measures) Regulations (Cth)

STATUTORY RULES.

1961. No. 128.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1958.*

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 1912-1958.

Dated this thirteenth day of October, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) HOBERT OPPERMAN

Minister of State for Shipping and Transport.

NAVIGATION (LOADING AND UNLOADING—SAFETY MEASURES) REGULATIONS.

PART I.—PRELIMINARY.

Citation.

1. These Regulations may be cited as the Navigation (Loading and Unloading—Safety Measures) Regulations.

Commencement.

2. These Regulations shall come into operation on the thirty-first day of October, 1961.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-7).

Part II.—Safety Measures in the Use of Cargo Gear.

Division 1.—Preliminary (Regulations 8-11).

Division 2.—Inspection, Examination and Testing of Cargo Gear (Regulations 12-23).

Division 3.—Safe Working Loads for Cargo Gear (Regulations 24-30).

Division 4.—Heat Treatment of Cargo Gear (Regulations 31-33).

Division 5.—General Provisions for the Safe Use of Cargo Gear (Regulations 34-47).

Part III.—Other Measures for Safety in the Loading and Unloading of Ships (Regulations 48-70).

Part IV.—Miscellaneous (Regulations 71-78).

Repeal and saving.

4.—(1.) The Navigation (Loading and Unloading) Regulations (comprising Statutory Rules 1941, No. 164; Statutory Rules 1942, No. 337; and Statutory Rules 1948, No. 132) are repealed.

* Notified in the Commonwealth Gazette on 17th October, 1961.

6854/59.—PRICE 1S 3D 10/9.10.1961.

(2.) Where an examination, test, inspection or heat treatment has been carried out, or a certificate (including a copy of a certificate) has been given or obtained, for the purposes of the Regulations repealed by the last preceding regulation, the examination, test, inspection or heat treatment shall be deemed to have been carried out, or the certificate or copy of a certificate given or obtained, for the purposes of these Regulations.

Interpretation.

5.—(1.) In these Regulations, unless the contrary intention appears—

“cargo” includes—

(a) bunker coal;

(b)ship’s stores, provisions and equipment;

(c) mails;

(d)passengers’ baggage; and

(e) materials for the repair of a ship or for the fitting of a hold or other cargo space;

“cargo gear” means gear in connexion with the loading or unloading of a ship, and includes—

(a) masts, stays and derrick posts;

(b)derricks, booms, gaffs and similar appliances;

(c) winches, cranes and other hoisting appliances;

(d)mast and derrick bands, goosenecks and blocks;

(e)standing and running gear of derricks and cranes;

(f) slings, trays, crates, nets, tubs, grabs and other containers for holding cargo; and

(g) mechanical equipment used in loading, unloading or stowing cargo;

“certificate of equipment” has the same meaning as in Part IV. of the Act;

“certificate of survey” has the same meaning as in Part IV. of the Act;

“hatchway” means an aperture in the deck of a ship used for the purpose of loading or unloading the ship or for the purpose of trimming or ventilating the ship, and includes the space directly under the aperture;

“heat treatment establishment” means an establishment equipped for the heat treatment of cargo gear, but does not include an establishment to the owner of which the Minister has given notice under regulation 7 of these Regulations;

“hoisting gear” means cargo gear comprising a derrick, winch, crane or other hoisting appliance and all accessory gear, and includes goose necks, eye-plates, eye-bolts and permanent attachments to a derrick, mast or deck;

“person in charge”, in relation to the loading or unloading of a ship, means—

(a) the master or member of the crew of the ship; or

(b)the supervisor or foreman of the loading or unloading,

as the case may be, who is directly in control of the persons actually engaged in the loading or unloading;

“responsible person” means—

(a)in relation to the testing and examination, or the heat treatment, of cargo gear—a person responsible to the manufacturer or the management of the testing establishment or heat treatment establishment carrying out the testing, examination or heat treatment; and

(b)in relation to the testing and examination of cargo gear in other circumstances—

(i) in relation to cargo gear which is carried or installed in a ship as ship’s cargo gear—a person responsible to the owner or master of the ship; and

(ii) in relation to cargo gear which is shore cargo gear—a person responsible to the owner of the shore cargo gear;

“safe working load”, in relation to an article of cargo gear, means the load which, in the opinion of the responsible person testing and examining the article, is the maximum load that may be imposed with safety on the article in the normal process of working;

“shore cargo gear” means cargo gear other than cargo gear which is carried or installed in a ship, and includes any floating crane;

“testing establishment” means an establishment equipped for the testing and examination of cargo gear, but does not include an establishment to the owner of which the Minister has given notice under regulation 7 of these Regulations;

“the Act” means the Navigation Act 1912-1958.

(2.) In these Regulations—

(a)a reference to a Schedule by number is a reference to the Schedule to these Regulations so numbered; and

(b)a reference to a form by number is a reference to the form so numbered in the Second Schedule.

(3.) In these Regulations—

(a)a reference to a Class I. ship is a reference to a ship which is registered in Australia or engaged in the coasting trade or in respect of which a certificate of survey or a certificate of equipment is in force;

(b)a reference to a Class II. ship is a reference to a ship, not being a Class I. ship, which is registered in a country other than Australia and which has on board evidence that—

(i) the cargo gear in the ship has been tested and examined in accordance with these Regulations or with the requirements of the laws in force in Canada, India, the Netherlands, New Zealand or the United Kingdom or in accordance with the requirements relating to the safe use of cargo gear laid down by the United States of America Bureau of Shipping for a ship the keel of which was laid down on or after the first day of August, 1952, and was found after the test to be free from defects; and

(ii) the cargo gear in the ship may be used in the loading or unloading of the ship in one of the countries specified in the last preceding sub-paragraph without contravening the laws providing for the requirements to be observed in the loading or unloading of ships with that gear in that country; and

(c) a reference to a Class III. ship is a reference to a ship other than a Class I. or Class II. ship.

Application.

6. These Regulations apply, so far as they are capable of application to and in relation to the loading and unloading of ships registered in Australia, to and in relation to the loading and unloading of other ships at ports in Australia and to and in relation to the cargo gear used or intended to be used in connexion with any such loading and unloading.

Establishments.

7. If the Minister is of the opinion that an establishment, which would otherwise be a testing establishment or a heat treatment establishment for the purposes of these Regulations, is not properly equipped for the testing and examination or the heat treatment or repair of cargo gear or is not under the control of a properly qualified person, the Minister may, by writing under his hand, notify the owner of the establishment that the establishment is not suitable as a testing establishment or a heat treatment establishment under these Regulations.

PART II.—SAFETY MEASURES IN THE USE OF CARGO GEAR.

Division 1.—Preliminary.

Register of cargo gear of Class I. ships and of shore cargo gear.

8.—(1.) The master of a Class I. ship shall keep or cause to be kept in the ship, and the owner of shore cargo gear shall keep or cause to be kept in the place where the shore cargo gear is stored, a register of the cargo gear of the ship, or of the shore cargo gear, as the case may be, in accordance with a form approved by the Minister showing particulars of tests, examinations, heat treatment and inspections of the cargo gear carried out in accordance with these Regulations.

(2.) Where a certificate is given for the purposes of these Regulations in respect of the cargo gear of a Class I. ship or in respect of shore cargo gear, the master of the ship or the owner of the shore cargo gear, as the case may be, shall countersign the certificate and keep the certificate with the register of cargo gear kept in pursuance of the last preceding sub-regulation.

(3.) Whenever a surveyor so requires, the master of a Class I. ship or the owner of shore cargo gear shall produce to the surveyor for his inspection the register of cargo gear and certificates kept in accordance with this regulation.

Penalty: One hundred pounds.

Cargo gear arrangements of Class I. ships to be approved.

9.—(1.) The owner or master of a ship to be used as a Class I. ship or to trade out of Australia while being managed or controlled within Australia shall not permit the cargo gear of the ship to be used in connexion with the loading or unloading of the ship unless the cargo gear arrangements of the ship have been approved by the Minister.

Penalty: One hundred pounds.

(2.) After the cargo gear arrangements of a ship have been approved in accordance with the last preceding sub-regulation, the owner or master of the ship shall not alter the cargo gear arrangements unless the proposed alterations have been approved by the Minister.

Penalty: One hundred pounds.

(3.) This regulation does not apply to a ship—

(a)which was registered in Australia before the date of commencement of these Regulations;

(b)which was, before that date, engaged in the coasting trade; or

(c) in respect of which a certificate of survey or a certificate of equipment was granted before that date.

Master of Class II. ship to produce evidence of tests, &c.

10. Whenever a surveyor so requires, the master of a Class II. ship shall produce to the surveyor for his inspection the evidence carried on board of the testing and examination of the cargo gear of the ship.

Penalty: One hundred pounds.

Copies of certificate deemed to be certificate.

11. Where a certificate has been issued or given for the purposes of a provision of this Part, a copy of the certificate signed by the person who imported or supplied the cargo gear in respect of which the certificate was issued or given shall—

(a)in the case of cargo gear manufactured outside the State or Territory of the Commonwealth in which the cargo gear is to be used; and

(b)in the case of a length of wire rope or a length of chain cut from a full coil or length in respect of which a manufacturer’s certificate was issued or given,

be deemed to be a certificate for the purposes of that provision.

Division 2.—Inspection, Examination and Testing of Cargo Gear.

Periodic examination of derricks, cranes, winches and other hoisting appliances and accessory gear.

12.—(1.) Hoisting gear shall not be used in connexion with the loading or unloading of a ship unless—

(a)the hoisting gear has been tested, opened up and examined by a responsible person for the manufacturer or testing establishment in accordance with Part I. of the First Schedule within the period of four years immediately preceding that use and the responsible person has issued a certificate in respect of that test and examination in accordance with Form 1; and

(b)the hoisting gear has been opened up and examined within the period of twelve months immediately preceding that use.

(2.) A reference in the last preceding sub-regulation to hoisting gear is a reference to—

(a)hoisting gear that is shore cargo gear; or

(b)hoisting gear in—

(i) a Class I. ship; or

(ii) a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia.

(3.) A testing, opening up or examination of hoisting gear in a Class I. ship for the purposes of this regulation shall be carried out while the

ship is in port for the purpose of being surveyed for a certificate of survey or a certificate of equipment, unless testing, opening up or examination at that time is not practicable.

Initial examination of chains, rings, hooks, shackles, swivels, &c.

13.—(1.) Cargo gear to which this regulation applies shall not be used in connexion with the loading or unloading of a ship unless—

(a)it has been tested and examined by a responsible person for the manufacturer or a testing establishment in accordance with Part II. or Part III., as the case requires, of the First Schedule before being taken into use; and

(b)the responsible person has issued a certificate in respect of that test and examination in accordance with Form 2 or Form 3, as the case requires.

(2.) This regulation applies to and in relation to cargo gear that is—

(a)shore cargo gear; or

(b)cargo gear in—

(i) a Class I. ship;

(ii) a Class II. ship; or

(iii) a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia,

being cargo gear comprising a block, chain, ring, hook, shackle, swivel or cargo tray, grab, crate, tub, or other cargo container.

Testing after repair.

14.—(1.) When an article of cargo gear has been altered or repaired, it shall not be used in connexion with the loading or unloading of a ship unless, before being taken into use after that alteration or repair—

(a)it has been tested and examined by a responsible person for the manufacturer or a testing establishment, or upon the ship by a ship’s officer responsible to the master of the ship, in accordance with Part I., Part II. or Part III., as the case requires, of the First Schedule; and

(b)the responsible person has issued a certificate in respect of that test and examination in accordance with Form 1, Form 2 or Form 3, as the case requires.

(2.) A reference in this regulation to an article of cargo gear is a reference to an article of cargo gear, or a part of or a fitting attached to such an article of cargo gear (other than a part or fitting that is not subject to stress), that is—

(a)shore cargo gear; or

(b)cargo gear in—

(i) a Class I. ship;

(ii) a Class II. ship; or

(iii) a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia.

Examination of ropes.

15.—(1.) A rope shall not be used in the loading or unloading of a ship unless it is of a quality approved by the Minister, it has been examined by a responsible person within the period of three months immediately preceding that use and it is free from patent defects.

(2.) A wire rope shall not be used in the loading or unloading of a ship unless—

(a)a certificate by the manufacturer of the rope or by a responsible person in accordance with Form 4 has been given in respect of the rope;

(b)except in the case of a wire rope used as a rigging wire or guy pendant—it contains at least 114 constituent wires;

(c) it has an effective breaking strength of—

(i) in the case of loading gear with a lifting capacity not exceeding ten tons—five times the safe working load of the rope; and

(ii) in the case of loading gear exceeding ten tons—four times the safe working load of the rope;

(d)the rope shows no sign of excessive wear, corrosion or other defect which, in the opinion of the responsible person who examined it, renders it unfit for the purpose for which it is intended;

(e) if the wire rope contains a splice—the splice is a thimble or loop splice made in the manner specified in the next succeeding sub-regulation or a form of splice which, in the opinion of the Minister, is equally as efficient; and

(f) if a wire in the rope has been broken—

(i) the rope has been examined by a responsible person within the period of one month immediately preceding that use; and

(ii) the number of visible broken wires in any length of the rope equivalent to eight times its diameter does not exceed ten per centum of the total number of wires in the rope.

(3.) A thimble or loop splice made in a wire rope shall have not less than three tucks with each whole strand of the rope and not less than two tucks with one-half of the wires cut out of each strand, and the strands in all cases shall be tucked against the lay of the rope.

(4.) A reference in this regulation to a rope or a wire rope is a reference to a rope or a wire rope, as the case may be, that is used in connexion with—

(a) shore cargo gear; or

(b)cargo gear in—

(i) a Class I. ship;

(ii) a Class II. ship; or

(iii) a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia.

Application of provisions for examination and testing of cargo gear of Class II. ships.

16. Regulations 13, 14 and 15 of these Regulations do not apply to and in relation to the cargo gear, as described in those regulations, of a Class II. ship if the ship has on board evidence that that cargo gear—

(a) has been examined in accordance with these Regulations or with the requirements of any of the laws referred to in paragraph (b) of sub-regulation (3.) of regulation 5 of these Regulations;

(b)was found to be free from defects; and

(c) may be used in the loading or unloading of the ship in a country referred to in paragraph (b)of sub-regulation (3.) of regulation 5 of these Regulations without contravening the laws providing for the requirements to be observed in the loading or unloading of ships with that cargo gear in that country.

Periodic examination of certain other cargo gear.

17.—(1.) An article of cargo gear to which this regulation applies shall not be used in connexion with the loading or unloading of a ship unless the article has been examined by a responsible person in the period of three months immediately preceding that use.

(2.) This regulation applies to and in relation to an article of cargo gear that is—

(a)shore cargo gear; or

(b)cargo gear in—

(i) a Class I. ship; or

(ii) a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia,

being cargo gear which is not required to be examined under the preceding provisions of this Division or which is a chain, ring, hook, shackle, swivel, or a cargo tray, grab, crate, tub or other cargo container.

Cargo gear of Class III. ship on first visit to Australia.

18. The cargo gear of a Class III. ship which is visiting Australia for the first time shall not be used for loading or unloading the ship unless—

(a)the cargo gear has, at the direction of the master of the ship, been examined by a ship’s officer within the period of six months immediately preceding that use; and

(b)a statement signed by that ship’s officer and countersigned by the master, declaring that the cargo gear has been inspected and is in good condition and fit for the purpose for which it is intended and specifying the safe working load of each derrick, winch and other hoisting appliance has been prepared.

Notice by surveyor on defective cargo gear.

19. Where a surveyor is satisfied that cargo gear is defective, he shall give notice in writing accordingly to—

(a) in the case of cargo gear in a ship—the owner, master or agent of the ship; and

(b)in the case of shore cargo gear—the owner of the shore cargo gear.

Prohibition of use of defective cargo gear.

20.—(1.) Where a surveyor gives notice under the last preceding regulation in relation to cargo gear, he may, in the notice, prohibit the use of the cargo gear in connexion with the loading or unloading of a ship.

(2.) Where a surveyor prohibits the use of cargo gear in connexion with the loading or unloading of a ship, by notice in accordance with this regulation, the cargo gear shall not be so used until the defect specified in the notice has been remedied and the surveyor has withdrawn the prohibition.

Persons liable for contravening provisions of this Division.

21. Where cargo gear is used in contravention of the preceding provisions of this Division—

(a)the owner, master and agent of the ship; and

(b)if the cargo gear is shore cargo gear—the owner of the shore cargo gear,

are each guilty of an offence against these Regulations and liable, upon conviction, to a fine not exceeding One hundred pounds.

Statement to be produced to surveyor.

22.—(1.) Whenever a surveyor so requires, the master of a Class III. ship to which regulation 18 of these Regulations applies shall produce to the surveyor for his inspection and endorsement the statement prepared for the purposes of paragraph (b) of that regulation.

(2.) The master of a Class III. ship shall not produce to a surveyor at the request of the surveyor under the last preceding sub-regulation a statement which is false in any particular.

Penalty: One hundred pounds.

Surveyor may inspect cargo gear of ships.

23. Whenever a surveyor so requires, the master of a ship shall permit the surveyor to inspect the cargo gear of the ship.

Penalty: One hundred pounds.

Division 3.—Safe Working Loads for Cargo Gear.

Application.

24.—(1.) This Division applies to and in relation to the cargo gear of Class I. and Class II. ships and of Class III. ships that have, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia and to and in relation to shore cargo gear used in connexion with the loading or unloading of Class I., Class II. or Class III. ships.

(2.) Sub-regulation (2.) of regulation 26, and sub-regulation (2.) of regulation 30, of these Regulations apply also to and in relation to the cargo gear of a Class III. ship that is visiting Australia for the first time.

Safe working loads.

25.—(1.) For the purposes of this Division, a responsible person shall, using the standards contained in the publications referred to in the Third Schedule as a guide, determine the safe working load appropriate for the design, strength and material of construction of each article of cargo gear used in connexion with the loading or unloading of a ship.

(2.) In the application of the last preceding sub-regulation to and in relation to an article of cargo gear of a Class II. ship, it is sufficient compliance with that sub-regulation if the ship has on board evidence that the safe working load for that article of cargo gear was determined in accordance with these Regulations or with the requirements of any of the laws referred to in paragraph (b) of sub-regulation (3.) of regulation 5 of these Regulations.

Safe working load of derricks rigged in union purchase.

26.—(1.) Where derricks are rigged for use in union purchase, a responsible person may determine the safe working load for the derricks so rigged, being a load which, if lifted by the derricks so rigged, will not, in his opinion, impose a load on any part of the cargo gear used in the rig greater than the safe working load for that part as determined under sub-regulation (1.) of the last preceding regulation.

(2.) Unless a safe working load has been determined under the last preceding sub-regulation, the load that may be lifted by derricks rigged for use in union purchase shall not exceed half of the safe working load determined for either of the derricks under sub-regulation (1.) of the last preceding regulation.

Marking of safe working load on cargo gear.

27.—(1.) A derrick, crane or similar appliance shall not be used in connexion with the loading or unloading of a ship unless the safe working load, expressed in tons, is painted conspicuously on the side of the derrick, crane or appliance preceded by the letters “S.W.L.”.

(2.) Derricks rigged in union purchase in respect of which the safe working load which may be lifted by the derricks so rigged has been determined by a responsible person in accordance with the last preceding regulation shall not be used in connexion with the loading or unloading of a ship unless the determined safe working load for the derricks so rigged, expressed in tons and preceded by the letters “S.W.L.(U)”, is painted conspicuously on the side of each of the derricks or on a notice exhibited near the derricks so as to be easily read by a person using them.

(3.) A block shall not be used in connexion with the loading or unloading of a ship unless its safe working load is clearly stamped on it.

(4.) A cargo tray, crate, tub or other container for loading or unloading cargo shall not be used in connexion with the loading or unloading of a ship unless the weight of the contents for which the container has been tested is clearly marked on it in plain letters or figures.

(5.) Any other article of cargo gear (including a chain, ring, hook, shackle or swivel but not including spans, runners, rope slings and derrick guys) shall not be used in connexion with the loading or unloading of a ship unless its safe working load—

(a) is clearly marked on it in plain letters or figures or on a tablet or ring of durable material attached to it; or

(b)is set out in a notice exhibited so as to be easily read by a person using the article.

(6.) A block, chain, ring, hook, shackle, swivel or a cargo tray, crate, tub or other container for loading or unloading cargo shall not be used in connexion with the loading or unloading of a ship unless a distinguishing number or mark is clearly stamped upon it.

(7.) Pulleys, blocks or similar appliances carried in a Class III. ship that has, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia may be used in connexion with loading or unloading without having the safe working load stamped on them in accordance with this regulation if the pulleys, blocks or similar appliances have been inspected and approved by a responsible person.

Safe working load of shackles, hooks, &c., temporarily connected to a block.

28. A shackle, hook, chain, link or swivel which is temporarily connected to a block shall not be used in connexion with the loading or unloading of a ship unless the safe working load of the shackle, hook, chain, link or swivel is equal to or greater than the maximum load that is imposed on the part of the block to which the shackle, hook, chain, link or swivel is connected.

Load when dragged by horizontal runner.

29. A load shall not be dragged horizontally by means of a runner leading from a derrick unless there is no risk that the safe working load of any component of the gear will be exceeded.

Persons liable for contravention of provisions of Division.

30.—(1.) Where cargo gear is used in contravention of this Division—

(a)the owner, master and agent of the ship; and

(b)if the cargo gear is shore cargo gear—the owner of the shore cargo gear,

are each guilty of an offence against these Regulations and liable, upon conviction, to a fine not exceeding One hundred pounds.

(2.) The person in charge of the loading or unloading of a ship shall not rig, reeve or use or permit the rigging or reeving or use of an article of cargo gear in connexion with the loading or unloading in such a manner that the article is subjected to a load greater than its safe working load.

Penalty: One hundred pounds.

Division 4.—Heat Treatment of Cargo Gear.

Application.

31. The provisions of this Division apply to and in relation to the cargo gear of Class I. ships, and of Class III. ships that have, on a previous voyage to Australia, loaded or unloaded cargo at a port in Australia, and to and in relation to shore cargo gear used in connexion with the loading or unloading of Class I., Class II. or Class III. ships.

Heat treatment.

32.—(1.) Subject to the next two succeeding sub-regulations, a chain (other than a bridle chain attached to a deck or mast), ring, hook, shackle or swivel shall not, when made of wrought iron, be used in connexion with the loading or unloading of a ship unless—

(a)the chain, ring, hook, shackle or swivel has been subjected to a process of heat treatment by the manufacturer or by a heat treatment establishment—

(i) in the case of a chain, ring, hook, shackle or swivel of the size, or less than the size, known as half-inch—within the period of six months immediately preceding that use; and

(ii) in any other case—within the period of twelve months immediately preceding that use; and

(b)a responsible person has, immediately after the heat treatment, examined the chain, ring, hook, shackle or swivel and issued a certificate in respect of the heat treatment and examination in accordance with Form 5.

(2.) The last preceding sub-regulation does not apply to or in relation to the use in connexion with the loading or unloading of a ship of—

(a)a plate link chain;

(b)a pitched chain; or

(c) a ring, hook, shackle or swivel permanently attached to pitched chains, pulley blocks or weighing machines,

if the chain, ring, hook, shackle or swivel has been thoroughly examined by a responsible person within the period of twelve months immediately preceding that use and the responsible person has issued a certificate in respect of that examination in accordance with Form 6.

(3.) If, after receiving the report of a surveyor on a chain, ring, hook, shackle or swivel, the Minister is of opinion that, owing to the size, design or infrequency of use of the chain, ring, hook, shackle or swivel,

heat treatment in accordance with the preceding provisions of this regulation is not necessary, he may, by writing under his hand, grant an exemption from compliance with those provisions in respect of the chain, ring, hook, shackle or swivel subject to such conditions as he specifies in the written exemption.

(4.) For the purposes of this regulation, a chain, ring, hook, shackle or swivel shall, when made of wrought iron, be deemed not to have been subjected to a process of heat treatment unless the heat treatment was carried out in a furnace appropriate for the process of heat treatment carried out and heated to a temperature of not less than six hundred degrees centigrade and not more than seven hundred degrees centigrade (or of not less than one thousand one hundred degrees Fahrenheit and not more than one thousand three hundred degrees Fahrenheit) for a period of not less than thirty minutes or more than sixty minutes.

(5.) A chain, ring, hook, shackle or swivel shall not, when made of a material other than wrought iron, be used in connexion with the loading or unloading of a ship unless it has been subjected after manufacture or repair to a process of heat treatment appropriate to its design and material at a heat treatment establishment.

Persons liable for contravention of provisions of this Division.

33. Where cargo gear is used in contravention of this Division—

(a)the owner, master and agent of the ship; and

(b)if the cargo gear is shore cargo gear—the owner of the shore cargo gear,

are each guilty of an offence against these Regulations and liable, upon conviction, to a fine not exceeding One hundred pounds.

Division 5.—General Provisions for the Safe Use of Cargo Gear.

Application.

34. This Division applies to and in relation to the loading and unloading of Class I., Class II. and Class III. ships and to the cargo gear used in connexion with that loading or unloading.

Safe use of cargo gear.

35. The person in charge of the loading or unloading of a ship shall not, in connexion with the loading or unloading—

(a)rig, reeve or use, or permit the rigging, reeving or use of, an article of cargo gear in such a manner as to involve risk of injury to a person or damage to property;

(b)use, or permit the use of, an article of cargo gear otherwise than in accordance with these Regulations; or

(c) leave a load suspended, or permit a load to be left suspended, from a crane, winch or other hoisting appliance unless, during the time it is so suspended, a competent person is actually in charge of the crane, winch or other appliance.

Penalty: One hundred pounds.

Use of winches and hoisting appliances.

36.—(1.) The master of a ship shall not permit a winch or other hoisting appliance carried or installed in the ship to be used in connexion with the loading or unloading of the ship unless the winch or hoisting appliance is in a state of thorough repair and working efficiency.

(2.) The person in charge of the loading or unloading of a ship shall report to the officer in charge of the ship on any defects observed by him in a winch or other mechanical hoisting appliance that is used in connexion with the loading or unloading of a ship.

(3.) The person in charge of the loading or unloading of a ship shall not, in connexion with the loading or unloading, use or permit the use of a winch or other mechanical hoisting appliance which has been reported as defective under the last preceding sub-regulation until the officer in charge of the ship has advised him that the winch or other appliance is safe to use.

Penalty: One hundred pounds.

Cargo gear for lifting hatchway covers.

37. The master or owner of a ship shall not permit the ship to be loaded or unloaded unless there is provided cargo gear which—

(a) is suitable for lifting on and off all fore and aft beams and athwart-ship beams used for hatchway covers in the ship (not being mechanically-operated hatchway covers); and

(b)is adjustable without a person being required to go upon a beam for that purpose.

Penalty: One hundred pounds.

Guys and stays.

38. The master of a ship shall not permit the ship to be loaded or unloaded unless—

(a) each derrick in the ship which is rigged and used in union purchase is fitted with a preventer guy made of wire throughout or of a combination of wire and a chain tail, secured independently to the derrick head and the ship’s structure; and

(b) all stays, backstays and preventer stays which are fitted to counteract stress on masts and derrick posts (other than stays which it is necessary to disconnect to permit loading or unloading operations) are kept taut and secure during the loading or unloading.

Penalty: One hundred pounds.

Ring bolts.

39. The master of a ship shall not permit a ring bolt for use with a derrick, a band on a mast or derrick or a derrick heel connexion or fitting to be used in connexion with the loading or unloading of the ship unless the ring bolt, band, heel connexion or fitting—

(a)is of a suitable material and construction; and

(b) is of a strength appropriate to the maximum load which may be imposed on the derrick.

Penalty: One hundred pounds.

Supervision of engines and boilers.

40.—(1.) The master of a ship registered in Australia or engaged in the coasting trade shall not permit a boiler to be used in connexion with the loading or unloading of a ship unless—

(a)the boiler is under the supervision of a duly certificated engineer;

(b)the boiler is under the supervision of a duly certificated engine driver;

(c) if the ship carries more than one engineer—the boiler is under the supervision of the chief engineer or an engineer instructed by the chief engineer to undertake that supervision; or

(d)if the boiler is equipped with an automatic device approved by the Minister that will give an audible warning when the water reaches a safety level or levels appropriate to the design of the boiler—a person referred to in the preceding provisions of this sub-regulation is on board the ship and a rating is on duty in the space in which the boiler is housed.

(2.) The master of a ship registered in Australia or engaged in the coasting trade shall not permit a steam engine (not being a steam engine that is directly connected to a winch or crane) to be used in connexion with the loading or unloading of the ship unless—

(a)the steam engine is under the supervision of a person referred to in paragraph (a), (b) or (c) of the last preceding sub-regulation; or

(b)a person so referred to is on board ship and the rating referred to in paragraph (d)of that sub-regulation is on duty in the space in which the steam engine is housed.

(3.) The master of a ship registered in Australia or engaged in the coasting trade shall not permit an internal combustion engine (not being an engine that is directly connected to a winch, crane or other hoisting appliance) to be used in connexion with the loading or unloading of the ship unless—

(a)the engine is under the supervision of a person referred to in paragraph (a), (b)or (c) of sub-regulation (1.) of this regulation; or

(b)the engine is equipped with—

(i) automatic warning and stopping devices approved by the Minister that will give audible alarm;

(ii) fire and flooding alarms approved by the Minister that will give alarm in the engine room; and

(iii) emergency lighting approved by the Minister for cargo spaces,

and a person referred to in those paragraphs is on board the ship.

Penalty: One hundred pounds.

Wire cargo runners.

41. The master of a ship shall not permit a wire cargo runner to be used in the loading or unloading of the ship unless the end of the runner is effectively secured to the winch drum and by a means other than a fibre rope tail.

Penalty: One hundred pounds.

Use of chains.

42.—(1.) The person in charge of the loading or unloading of a ship shall not, in connexion with the loading or unloading, use or permit the use of a chain which contains a knot.

(2.) The person in charge of the loading or unloading of a ship shall not, in connexion with the loading or unloading, use or permit the use of a chain for the slinging of a heavy load of iron or steel or other hard material unless—

(a)the chain is prevented, by the use of suitable packing, from coming into direct contact with any sharp edge of the iron, steel or other material; and

(b)the load lifted with a chain used for slinging does not exceed three-quarters of the safe working load of the chain.

(3.) The person in charge of the loading or unloading of a ship shall not use a chain or permit a chain to be used in the loading or unloading if the chain is defective or distorted.

Penalty: One hundred pounds.

Use of engines and motors in holds.

43.—(1.) The person in charge of the loading or unloading of a ship shall not, during the loading or unloading, use or permit the use of a machine powered with an internal combustion engine or an electric motor in a hold which contains—

(a) explosives;

(b)a substance which gives off an inflammable vapour;

(c) a substance which is a strong supporter of combustion; or

(d)a substance which is of a readily inflammable nature.

(2.) The person in charge of the loading or unloading of a ship shall not, during the loading or unloading, use or permit the use of an internal combustion engine below deck unless—

(a)a spark arrester is fitted on the exhaust of the engine;

(b)if the engine uses a fuel with a flash point below one hundred and ten degrees Fahrenheit—the engine is refuelled above deck; and

(c) bare heated surfaces of the engine that are liable to ignite spilled fuel are suitably protected.

(3.) The person in charge of the loading or unloading of a ship shall not, during the loading or unloading, use or permit the use of an internal combustion engine below deck unless—

(a)the space in which the engine is used is provided with mechanical ventilation that is adequate to prevent the harmful concentration of gases, fumes or vapours; or

(b)if the Minister has directed that mechanical ventilation is not necessary in relation to an engine of that type—such other conditions, in relation to the ventilation of the space in which the engine is used, as are specified by the Minister are complied with.

(4.) The person in charge of the loading or unloading of a ship shall not, during the loading or unloading, use or permit the use of an internal combustion engine or an electric motor below deck unless—

(a) a fire extinguisher of a type approved by the Minister is carried on the engine or motor and another such extinguisher is available in the space in which the engine or motor is used; and

(b)the engine or motor is in good order and condition.

(5.) The person in charge of the loading or unloading of a ship shall ensure that an internal combustion engine or an electric motor connected to cargo gear is switched off when not in use in connexion with the loading or unloading of the ship.

Penalty: One hundred pounds.

Security of derrick foot in socket.

44. The master of a ship shall ensure that appropriate measures are taken to prevent the foot of each derrick which is being used in connexion with the loading or unloading of the ship from being accidentally lifted out of its socket or support.

Penalty: One hundred pounds.

Loading by fall or sling at intermediate deck.

45. The person in charge of the loading or unloading of a ship shall not load or unload cargo or permit cargo to be loaded or unloaded by a fall or sling at an intermediate deck unless—

(a)the hatchway on that deck is securely covered; or

(b)a secure landing platform of a width of not less than that of one section of the hatchway covers has been placed across the hatchway and is effectively protected by a safety net.

Penalty: One hundred pounds.

Employment of persons attending cargo gear.

46.—(1.) The person in charge of the loading or unloading of a ship shall not employ an incompetent person—

(a) to operate lifting or transporting machinery whether driven by mechanical power or otherwise;

(b)to give signals to drivers of lifting or transporting machinery;

(c) to attend to cargo falls on winch ends or winch drums; and

(d)to perform duties involving hoisting, lowering or adjusting cargo derricks and other cargo gear.

Penalty: One hundred pounds.

(2.) Paragraph (d)of the last preceding sub-regulation does not apply where the person in charge is not a responsible ship’s officer and a responsible ship’s officer is supervising the hoisting, lowering or adjusting of derricks and other cargo gear.

Employment of competent persons using cargo gear.

47. Where a responsible ship’s officer supervises the hoisting, lowering or adjusting of derricks and other cargo gear in connexion with the loading or unloading of the ship but is not the person in charge of the loading or unloading, that officer shall not permit an incompetent person to perform any duties involving that hoisting, lowering or adjusting.

Penalty: One hundred pounds.

PART III.—OTHER MEASURES FOR SAFETY IN THE LOADING AND UNLOADING OF SHIPS.

Application.

48. This Part applies to and in relation to the loading and unloading of Class I., Class II. and Class III. ships and to the cargo gear used in connexion with that loading or unloading.

Hatchway covers.

49.—(1.) The master or owner of a ship shall not permit the ship to be loaded or unloaded unless—

(a)except where all the hatchway covers of the ship are interchangeable—each hatchway cover is plainly marked to indicate the deck and hatchway to which the cover belongs and its position on the hatchway;

(b)all hatchway covers, including fore and aft beams and athwart-ship beams used for hatchway covers in the ship are in good condition and are close fitting and secure when in position;

(c) each hatchway cover is fitted with hand grips appropriate to its size and weight; and

(d)where the working space around a hatchway is less than two feet wide—provision is made to enable the persons engaged in the loading or unloading to remove and replace in safety the hatchway covers including fore and aft beams and athwart-ship beams used for hatchway covers.

Penalty: One hundred pounds.

(2.) The last preceding sub-regulation does not apply to or in relation to mechanically-operated hatchway covers.

Protection of hatchways.

50. The master of a ship and the person in charge of the loading or unloading of the ship shall ensure that each open hatchway on the ship—

(a)which is accessible to a person;

(b) which at any place is not protected to a clear height of two feet six inches by the coamings; and

(c) which is not, except during a meal time or other short interruption of loading or unloading, in use for the passage of cargo or other material of any kind,

is securely fenced to a clear height of three feet or completely covered by means of hatchway covers or by a tent effectively secured to the coamings or other substantial portion of the ship.

Penalty: One hundred pounds.

Protection of uppermost deck hatchways.

51.—(1.) The master of a ship shall ensure that each open hatchway in the uppermost deck is fitted with coamings, to a clear height of two feet six inches, which are of adequate strength or, subject to the next succeeding sub-regulation, with portable rails and stanchions or equivalent means of protection fixed firmly in position.

Penalty: One hundred pounds.

(2.) Where fencing to a clear height of two feet six inches is fitted between the hatchway corners and the side of a ship, the portable rails and stanchions or equivalent means of protection may be dispensed with on the side of the hatchways protected by the fencing.

Protection of hatchway covers.

52. The person in charge of the loading or unloading of a ship shall not use or permit the use of hatchway covers in the construction of cargo stages or for any other purpose which may expose the hatchway covers to damage.

Penalty: One hundred pounds.

Exhaust steam.

53. The master or owner of a ship shall not permit the ship to be loaded or unloaded unless he has taken adequate measures to prevent exhaust steam from obscuring any part of the decks, gangways, stages, wharf or quay on which a person is engaged in connexion with the loading or unloading.

Penalty: One hundred pounds.

Guard rails around machinery.

54.—(1.) The master of a ship shall not permit the ship to be loaded or unloaded unless each motor, cog wheel, chain-gearing, friction-gearing, shafting and live electric conductor in the ship is securely fenced as far as is practicable without impeding the safe working of the ship and without infringing any requirement of the Act.

Penalty: One hundred pounds.

(2.) This regulation does not apply in relation to a motor, cog wheel, chain-gearing, friction-gearing, shafting or live electric conductor that is, by its position and construction, equally as safe to every person on the ship as it would be if it was securely fenced.

Means of passage between wharf and ship.

55. Where a ship is being loaded or unloaded while lying alongside a wharf or quay, the master of the ship shall provide the persons engaged in the loading or unloading with a safe means of passage between the wharf or quay and the ship.

Penalty: One hundred pounds.

Means of passage from ship to ship.

56. Where the persons engaged in loading or unloading a ship which is lying alongside another ship, have to pass from one ship to another, the master of the ship which has the higher freeboard shall provide them with a safe means of passage from ship to ship.

Penalty: One hundred pounds.

Means of access to holds.

57. Where the depth from the level of the top deck to the bottom of a hold of a ship exceeds five feet, the master of the ship shall not permit the loading or unloading of the ship to proceed unless a means of access, in accordance with the next succeeding regulation, is maintained from the deck to the hold.

Penalty: One hundred pounds.

Means of access to be provided.

58.—(1.) Unless the means of access is provided in accordance with sub-regulation (3.) of this regulation, the means of access from the deck to the hold of a ship shall be by ladder, and by ladder cleats or cups on the coamings or, where the provision of a ladder on a bulkhead or in a trunk hatchway is not reasonably practicable, the means of access shall be by ladder cleats or cups.

(2.) For the purposes of the last preceding sub-regulation—

(a)the ladders between the lower decks shall, wherever practicable, having regard to the position of the lower hatchway or hatchways, be vertically in line with the ladder from the top deck;

(b)each rung of a ladder shall provide a firm handhold and a foothold of a depth (including any space behind the ladder) of not less than four and one-half inches for a width of not less than ten inches;

(c) the rungs of a ladder shall be spaced at equal intervals of not less than ten inches and not more than fourteen inches;

(d)a ladder shall not be recessed under the deck more than is necessary to keep it clear of the hatchway; and

(e) the ladder cleats or cups on the coamings shall—

(i) provide a firm handhold and a foothold of a depth (including any space behind the cleats or cups) of not less than four and one-half inches for a width of not less than ten inches;

(ii) be so constructed as to prevent a person’s foot from slipping off at the side; and

(iii) be placed vertically one above the other and in the same line as the ladders to which they afford access and spaced at equal intervals of not less than ten inches and not more than fourteen inches.

(3.) The means of access from the deck to the hold of a ship may be by ladders or steps which are separate from a hatchway or which slope from deck to deck if each rung or step provides a firm handhold and foothold of a depth (including any space behind the ladder or steps) of not less than four and one-half inches for a width of not less than ten inches.

(4.) A means of access shall be deemed not to be provided in accordance with this regulation unless—

(a) the cargo is stowed sufficiently far from a permanent ladder or steps to leave at each rung or step a firm handhold or foothold of a depth (including any space behind the ladder or steps) of not less than four and one-half inches for a width of not less than ten inches;

(b)there is a space of sufficient width for a person to pass safely between a winch or other obstruction and the place where a ladder or steps leave the deck; and

(c) the outside of any shaft tunnel is equipped with adequate handholds and footholds on each side.

(5.) Paragraph (a) of the last preceding sub-regulation does not apply if, in a case where cargo is stowed in front of a permanent ladder or steps so that a means of access would otherwise be deemed not to have been provided by the ladder or steps under that paragraph, a means of access is provided by a substantial portable ladder.

Means of passage and access to be used.

59.—(1.) A person engaged in loading or unloading a ship shall use the means of passage and of access provided in accordance with these Regulations.

(2.) A person shall not order or authorize a person engaged in loading or unloading a ship to use a means of passage or of access other than a means provided in accordance with these Regulations.

Penalty: One hundred pounds.

Lighting.

60. The person in charge of the loading or unloading of a ship shall not load or unload the ship or permit the ship to be loaded or unloaded unless, during the loading or unloading—

(a)the places in the hold and on the decks of the ship where the loading or unloading is being carried on;

(b)the means of access to those places provided in accordance with these Regulations; and

(c) the parts of the ship to which persons engaged in the loading or unloading may be required to proceed in the course of their employment,

are efficiently lighted, having regard to—

(d)the safety of the ship and cargo, of all persons in the ship and of the navigation of other vessels; and

(e) the by-laws or regulations of the port authority of the port in which the loading or unloading is being carried out.

Penalty: One hundred pounds.

Openings in deck of a hold.

61. The person in charge of the loading or unloading of a ship shall not permit an opening in the deck of a hold to be used in connexion with the loading or unloading unless it is effectively railed off or lighted.

Penalty: One hundred pounds.

Hatchway beams.

62.—(1.) The person in charge of the loading or unloading of a ship shall ensure that a hatchway beam is not left in place above a hold or space at which the loading or unloading is taking place unless—

(a)the hatchway is of such a size as to permit the loading or unloading to be carried out without danger to a person in the hold or space from a load striking against the hatchway beam; and

(b)the hatchway beam is securely fastened at each end by means of bolts of not less than five-eighths of an inch in diameter, with nuts attached, or by means of other suitable fastenings provided for the purpose, in such manner as to prevent the accidental displacement of the hatchway beam.

(2.) Where it is necessary to remove hatchway beams to enable loading or unloading of a ship through more than one hatchway, the person in charge of the loading or unloading shall ensure that the hatchway beams from the upper hatchways are removed before the hatchway beams from the lower hatchways.

Penalty: One hundred pounds.

Means of escape in case of bulk cargo.

63. Where a ship is loading or unloading coal or other bulk cargo, the person in charge of the loading or unloading shall take precautions to facilitate the escape, in case of emergency, of persons employed in a hold or on an intermediate deck.

Penalty: One hundred pounds.

Safety of deck, cargo and gangway stages.

64. The person in charge of the loading or unloading of a ship shall not—

(a) use or permit the use of a deck stage, cargo stage or gangway stage in the loading or unloading unless the stage is substantially and firmly constructed, adequately supported and, where necessary, securely fastened;

(b)use or permit the use of a truck for carrying cargo between the ship and the shore on a cargo stage or gangway stage which is so steeply inclined as to be unsafe; or

(c) use or permit the use of a cargo stage or gangway stage that becomes slippery during the loading or unloading unless the stage is made safe by means of sand or other suitable material.

Penalty: One hundred pounds.

Fences and other life-saving appliances to be replaced.

65. The person in charge of the loading or unloading of a ship shall cause any fencing, gangway, cargo gear, ladder, hatchway cover, life-saving means or appliance, light, mark or stage which is provided in connexion with the loading or unloading of a ship and which has been removed for purposes connected with that loading or unloading to be replaced as soon as there is no longer any reason for the removal.

Penalty: One hundred pounds.

Fences and other life-saving appliances not to be interfered with.

66. A person shall not, during the loading or unloading of a ship, except in the case of emergency or unless authorized by the master or other officer of the ship or the person in charge of the loading or unloading, remove or interfere with any fencing, gangway, cargo gear, ladder, hatchway cover, life-saving means or appliance, light, mark or stage which is provided in connexion with the loading or unloading for the purpose of complying with these Regulations.

Penalty: One hundred pounds.

Protection against accidents.

67. The person in charge of the loading or unloading of a ship shall take appropriate measures for the protection against accident of a person during that loading or unloading.

Penalty: One hundred pounds.

Protection against falling cargo, &c.

68. The person in charge of the loading or unloading of a ship shall take appropriate measures to safeguard persons engaged in the loading and unloading against injury by the displacement of unsecured cargo or other material.

Penalty: One hundred pounds.

Precautions in case of bales, barrels, &c.

69. Except for the purpose of breaking out cargo a person shall not, during the loading or unloading—

(a) make a hook fast in the bands or fastenings of a bale of cotton, wool, cork, gunny bags or other similar goods; or

(b)use a hook for the purpose of raising or lowering a barrel when, owing to the construction or condition of the barrel or the hook, the use of the hook is likely to be unsafe.

Penalty: One hundred pounds.

Duty of person in charge.

70. Where the person in charge of the loading or unloading of a ship is aware or should reasonably be aware that there has been a contravention of a provision of these Regulations imposing a responsibility on the master or owner, the person in charge shall not permit the loading or unloading to continue unless and until the provision is complied with.

Penalty: One hundred pounds.

PART IV.—MISCELLANEOUS.

Report of breakage, injury, &c.

71. Where—

(a) a portion of the cargo gear being used in connexion with the loading or unloading of a ship at a port in Australia fails in operation, whether or not injury is caused to a person; or

(b)injury is caused to a person engaged in the loading or unloading of a ship (whether or not the injury is due to the failure of cargo gear) at a port in Australia and the person is, as a result, removed to hospital,

the person in charge of the loading or unloading at the time of the occurrence shall, within twenty-four hours of the occurrence, furnish to the proper authority a report in accordance with Form 7.

Penalty: Fifty pounds.

Marking of weight on heavy article.

72.—(1.) A package or article of cargo, or a machine to be used below deck for the loading or unloading of a ship, being a package, article or machine that is to be or has been loaded or unloaded at a port in Australia, shall not be loaded on, or unloaded from, the ship if its gross weight is one ton or more unless, subject to sub-regulation (3.) of this regulation, a statement of its gross weight is prominently marked upon it, or upon a label securely attached to it, in legible and durable characters of not less than one inch in height.

(2.) Where—

(a)a package or article of cargo is loaded on, or unloaded from, a ship in contravention of the last preceding sub-regulation—the owner, master and agent of the ship and the shipper of the package or article; and

(b)a machine is loaded on, or unloaded from, a ship in contravention of that sub-regulation—the owner, master and agent of the ship,

are each guilty of an offence against these Regulations and liable, upon conviction, to a fine not exceeding One hundred pounds.

(3.) If—

(a)it is not practicable by reason of the nature or place of shipment of a package or article of cargo referred to in sub-regulation (1.) of this regulation legibly to mark or label the package or article in accordance with that sub-regulation; or

(b)a package or article of cargo to be unloaded from a ship—

(i) appears to the person in charge of the unloading to weigh one ton or more;

(ii) had been loaded on the ship outside Australia; and

(iii) is not legibly marked or labelled in the manner specified in that sub-regulation,

the master of the ship shall cause oral advice as to the approximate gross weight of the package or article of cargo to be given, during the loading or unloading of the ship, to the persons engaged in the loading or unloading.

Penalty: One hundred pounds.

Surveyor may require package, &c., to be weighed.

73. A surveyor may require a person to have a package, an article of cargo or a machine weighed by a weighing instrument nominated by the surveyor for the purpose.

Evidence of weight.

74. In a prosecution for an offence against these Regulations—

(a)evidence that a weight was marked upon, or upon a label attached to, a package or article of cargo or a machine is evidence of the weight of the package, article or machine; and

(b)a certificate by the keeper or person in charge of the weighing instrument weighing a package, article or machine under the last preceding regulation stating that the package, article or machine has, by the person purporting to sign it, been weighed and found to be of the weight stated in the certificate is evidence of the facts stated in the certificate.

Duties of persons giving certificate.

75. A person shall not give a certificate for the purposes of these Regulations that is false in any particular.

Penalty: One hundred pounds.

Notice to be displayed in testing establishments.

76. The owner of a testing establishment in Australia shall cause to be displayed in a prominent place in the establishment a suitably protected notice—

(a)setting out the provisions of the First Schedule; and

(b)stating that the person testing and examining an article of cargo gear shall not give a certificate of the test and examination under these Regulations unless he is completely satisfied that the article is of sufficient strength to carry the safe working load for the article and that it withstood the test load specified in relation to the article in the First Schedule without injury or deformation.

Penalty: One hundred pounds.

Fees.

77.—(1.) In this regulation, “the office of the Department”, in relation to an inspection or proposed inspection by a surveyor of the cargo gear in respect of a ship, means the office of the Department of Shipping and Transport, or of the representative of that Department, at the place where the inspection is made, or the proposed inspection is to be made.

(2.) A fee of Two pounds is payable in respect of each visit by a surveyor, for the purpose of inspection of the cargo gear in respect of a ship under these Regulations, where, on the first inspection, cargo gear is found to be defective and further inspections are necessary to ensure that the defects are rectified.

(3.) Where, as a result of a request made by the owner, agent or master of a ship, a surveyor carries out an inspection of cargo gear in respect of the ship under these Regulations during a period when the office of the Department is not open for public business, there is payable—

(a)if the surveyor commences or ceases the inspection on a day when the office of the Department is not at any time open for public business—a fee of Five pounds five shillings; or

(b)in any other case—a fee of Two pounds two shillings or, if the surveyor commences the inspection before 6 a.m. or ceases the inspection after 11 p.m., a fee of Four pounds four shillings.

(4.) Where a surveyor, as a result of a request made by the owner, agent or master of a ship, sets out on a journey for the purpose of commencing, during a period when the office of the Department is not open for public business, an inspection of the cargo gear in respect of the ship but does not commence the proposed inspection because the owner, agent or master cancels the request, there is payable—

(a)if the proposed inspection was to commence on a day when the office of the Department was not at any time open for public business—a fee of Two pounds twelve shillings and sixpence; or

(b)in any other case—

(i) if the proposed inspection was to commence after 6 a.m. or before 11 p.m.—a fee of One pound one shilling; or

(ii) if the proposed inspection was to commence before 6 a.m. or after 11 p.m.—a fee of Two pounds two shillings.

(5.) The last two preceding sub-regulations apply in respect of each surveyor who sets out to commence an inspection.

(6.) Where—

(a)a surveyor is available at the time and place appointed for an inspection of cargo gear in respect of a ship under these Regulations but for any reason outside the control of the surveyor, he is compelled to wait for a period after that time before he can commence the inspection;

(b)a surveyor is carrying out such an inspection and, for any reason outside his control, the inspection is interrupted and he is compelled to wait for a period before he can continue the inspection; or

(c) a surveyor carrying out such an inspection is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection,

there is payable a fee of Two pounds for each hour, or part of an hour, of the waiting time in excess of half an hour.

(7.) In ascertaining the fee payable under the last preceding sub-regulation, any waiting time in excess of four hours on any one day shall be disregarded.

(8.) Where, as the result of a request made by the owner, agent or master 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 cargo gear in respect of the ship under these Regulations, there is payable, whether or not the inspection is carried out, a fee equal to the travelling and subsistence expenses necessarily incurred by the surveyor.

(9.) Where a fee payable under this regulation in respect of a ship is not paid, the Commonwealth may recover the fee as a debt due to the Commonwealth from the owner, charterer, agent or master of the ship.

Variation of requirements of Regulations.

78.—(1.) Where it appears to the Minister, on the report of a surveyor, that these Regulations insufficiently provide for the safety of the persons engaged in loading or unloading a particular ship, the Minister may, by writing under his hand, direct the observance by any person of such additional precautions as he considers necessary.

(2.) A person shall not fail to comply with a direction given under the last preceding sub-regulation.

Penalty: One hundred pounds.

(3.) Where, in connexion with the loading or unloading of a particular ship, it appears to the Minister, on the report of a surveyor, that any of the requirements of these Regulations may be modified without danger to the persons engaged in the loading or unloading, the Minister may, on the application in writing of the owner, master or agent of the ship, by writing under his hand, permit the modification of any of those requirements to such an extent as, in his opinion, the circumstances of the case warrant.

THE SCHEDULES.

FIRST SCHEDULE.

Regulations 12, 13 and 14.

MANNER OF TEST AND EXAMINATION OF CARGO GEAR.

Part I.

Derricks, Winches, Cranes, other Hoisting Appliances and Accessory Gear.

1.A derrick, winch, crane or other hoisting appliance, and all accessory gear (including goosenecks, eye-plates, eye-bolts and permanent attachments to a derrick, mast or deck), shall be tested with a proof load which—

(a)where the safe working load does not exceed 20 tons—exceeds the safe working load by 25 per centum;

(b)where the safe working load exceeds 20 tons but does not exceed 50 tons—exceeds the safe working load by 5 tons; and

(c) where the safe working load exceeds 50 tons—exceeds the safe working load by 10 per centum.

FIRST SCHEDULE—continued.

2. The proof load for a derrick test shall be applied either—

(a)by hoisting movable weights; or

(b)by means of a spring or hydraulic balance or a similar appliance,

with the derrick at the minimum working angle, the angle of which shall be stated in the certificate of test expressed as an angle to the horizontal plane.

3. In the case of a test by hoisting movable weights, after the movable weights have been hoisted, the derrick shall be swung as far as possible in both directions.

4. In the case of a test by means of a spring or hydraulic balance or a similar appliance, the proof load shall be applied with the derrick swung as far as practicable first in one direction and then in the other.

5. During the proof test of a derrick or crane, the load carried by any block, topping lift, shackle or other accessory part may be permitted to exceed the safe working load of the block, topping lift, shackle or other part, as the case may be, by a percentage equivalent to the excess loading provided for under the first paragraph of this Part.

6. After an article of cargo gear has been tested in accordance with this Part, the article and all accessory gear shall be opened up and examined to see whether any part has been injured or permanently deformed by the test.

PART II.

Loose Gear—Blocks, Chains, Rings, Hooks, Shackles and Swivels.

1. Every article of loose cargo gear, whether or not it is an accessory to a derrick or other cargo gear, shall be tested with a proof load at least equal to that shown against the article in the following table:—

Article of Loose Cargo Gear.	Proof Load.
Chain, ring, hook, shackle or swivel .................................................................	Twice the safe working load
Single sheave block ..............................................................................................	Four times the safe working load
Multiple sheave block with safe working load not exceeding 20 tons	Twice the safe working load
Multiple sheave block with safe working load exceeding 20 tons but not exceeding 40 tons	20 tons in excess of the safe working load
Multiple sheave block with safe working load exceeding 40 tons	One and a half times the safe working load

2. The proof load applied in pursuance of the last preceding paragraph to a single sheave block shall be the load imposed on the pin or eye of the block and the safe working load shall be the maximum load which may be applied to chain or rope passing around the sheave of the block.

3. The following articles of cargo gear are exempted from the requirements specified in paragraph 1 of this Part if they have been tested with a proof load of one and one half times the safe working load:—

(a)pitched chains with hand-operated blocks and any permanently attached rings, hooks, shackles or swivels;

(b)hand-operated blocks used with pitched chains and any permanently attached rings, hooks, shackles or swivels.

4. After an article of cargo gear has been tested in accordance with this Part, the article shall be examined to see whether it has been injured or permanently deformed by the test and whether it is free from cracks, flaws or other defects.

FIRST SCHEDULE—continued.

PART III.

Cargo Trays, Crates, Tubs, Grabs or other Containers for Loading or Unloading Cargo.

1. A cargo tray, crate, tub, grab or other container for loading or unloading cargo shall be tested by imposing a proof load, wholly supported by the bottom of the container, at least equal to the load shown in the following table according to the weight of the contents for which the container is certified:—

Weight of Contents.	Proof Load.
Not exceeding 3 tons .........................................................................................................................	Twice the net weight
Exceeding 3 tons but not exceeding 12 tons	3 tons in excess of the net weight
Exceeding 12 tons but not exceeding 20 tons	One and a quarter times the net weight
Exceeding 20 tons .........................................................................................................................	5 tons in excess of the net weight

2. After an article of cargo gear has been tested in accordance with this Part, the article shall be examined to see whether any part has been injured or permanently deformed by the test and whether it is free from cracks, flaws or other defects.

SECOND SCHEDULE

FORM 1.

NAVIGATION ACT.

Regulations 12 and 14.

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF TEST AND EXAMINATION OF CARGO GEAR, BEING DERRICKS, WINCHES OR OTHER HOISTING APPLIANCES AND ACCESSORY GEAR.

Ship

Situation and Distinguishing Numbers or Marks of Articles. Description of Articles. Angle to the horizontal of Derrick for purpose of Test. Proof Load applied. Date of Test. Safe Working Load. Method used in applying the Proof Load.

I [name, position, rank (if a ship’s officer) and technical qualifications],a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations, hereby certify that—

(a)on the date shown in the column headed “Date of Test” in the Table above, I tested the articles of cargo gear described in that Table, together with accessory gear, in the manner specified in Part I. of the First Schedule to those Regulations for [name and address of manufacturer or establishment] and I am completely satisfied that each of the articles tested is of sufficient strength to carry the safe working load specified in the column headed “Safe Working Load” in that Table opposite to the description of that article; and

(b)I made a careful examination of each of the articles tested and I am completely satisfied from the examination that it withstood the proof test without injury or deformation.

Signature

Date

SECOND SCHEDULE—continued.

FORM2.

NAVIGATION ACT..

Regulations 13 and 14.

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF TEST AND EXAMINATION OF CARGO GEAR, BEING BLOCKS, CHAINS, RINGS, HOOKS, SHACKLES AND SWIVELS, BEFORE BEING TAKEN INTO USE.

For Ship or Store

Distinguishing Numbers or Marks of Articles. Description of Articles. Number of Articles tested. Proof Load applied. Date of Test. Safe Working Load. Names and Addresses of Makers or Suppliers of Articles.

I [name, position, rank (if a ship’s officer) and technical qualifications], a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations, hereby certify that—

(a)on the date shown in the column headed “Date of Test” in the Table above, I tested the articles of cargo gear described in that Table in the manner specified in Part II. of the First Schedule to those Regulations for [name and address of testing establishment] and I am completely satisfied that each of the articles tested is of sufficient strength to carry the safe working load specified in the column headed “Safe Working Load” in that Table opposite to the description of that article;

(b)I made a careful examination of each of the articles tested;

(c)after the application of the proof load, each of the articles was found to have withstood the load without injury or deformation and to be free from cracks, flaws and other defects; and

(d)the material from which the articles are made is

Signature

Date

FORM 3.

NAVIGATION ACT.

Regulations 13 and 14.

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF TEST AND EXAMINATION OF CARGO TRAYS, CRATES, TUBS OR OTHER CONTAINERS FOR LOADING AND UNLOADING CARGO.

Distinguishing Numbers or Marks of Articles. Description of Articles. Tare. Number of Articles tested. Proof Load applied. Date of Test. Weight of Contents for which approved. Names and Addresses of Makers or Suppliers of Articles.

Second Schedule—continued.

I [name, position and technical qualifications],a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations, hereby certify that—

(a)on the date shown in the column headed “Date of Test” in the Table above, I tested the articles described in that Table in the manner specified in Part III. of the First Schedule to those Regulations for [name and address of testing establishment];

(b)I made a careful examination of each of the articles tested; and

(c) after the application of the proof load, each of the articles was found to have withstood the load without injury or deformation and to be free from cracks, flaws and other defects.

Signature

Date

FORM 4..

NAVIGATION ACT.

Regulation 15.

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF EXAMINATION OF WIRE ROPE.

1. Name and address of manufacturer:

2. (a) Circumference of rope in inches:

(b) Number of strands:

(c) Number of wires per strand:

(d) Lay:

3. Quality of wires (e.g., best plough steel):

4. (a) Breaking tensile load of sample of the rope:

(b) Date of examination:

5. Safe working load, subject to any stated qualifying conditions, (such as minimum pulley diameter and direct tensile load):

6. Name and address of person, firm or company making examination:

7. I, , the manufacturer [or a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations] hereby certify that the above particulars are correct.

Signature: Date:

Wire rope supplied to— To be used for—

SECOND SCHEDULE—continued.

FORM 5.

NAVIGATION ACT.

Regulation 32 (1.).

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF HEAT TREATMENT OF ARTICLES OF CARGO GEAR MADE OF WROUGHT IRON, BEING CHAINS, RINGS, HOOKS, SHACKLES AND SWIVELS.

For Ship or Store

Distinguishing Numbers or Marks of Articles. Description of Articles. Number of Articles Treated. Date of Heat Treatment. Defects (if any) found at Examination after Heat Treatment.

I [name, position and technical qualifications],a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations, hereby certify that—

(a) on the date shown in the column headed “Date of Heat Treatment” in the Table above, the articles of cargo gear described in that Table were effectually subjected to a process of heat treatment in accordance with those Regulations under my supervision for [name and address of manufacturer or establishment carrying out the heat treatment and examination] in a furnace appropriate for the process of heat treatment carried out;

(b)after being so heat treated, every article was carefully examined by me; and

(c) no defects affecting the safe working condition of each article were found other than the defects (if any) indicated in that Table.

Signature

Date

FORM 6.

NAVIGATION ACT.

Regulation 32 (2.).

Certificate No.

Navigation (Loading and Unloading—Safety Measures) Regulations.

CERTIFICATE OF EXAMINATION OF ARTICLES OF CARGO GEAR EXEMPTED FROM HEAT TREATMENT.

For Ship or Store

Distinguishing Numbers or Marks of Articles. Description of Articles. Number of Certificates of Test and Examination on Form 2. Number of Articles examined. Date of Examination. Defects (if any) found at Examination.

SECOND SCHEDULE—continued.

I [name, position and technical qualifications], a responsible person for the purposes of the Navigation (Loading and Unloading—Safety Measures) Regulations, hereby certify that—

(a) on the date shown in the column headed “Date of Examination” in the Table above, the articles of cargo gear described in that Table were carefully examined by me on behalf of [name and address of manufacturer or establishment carrying out the examination]; and

(b) no defects affecting the safe working condition of each article were found other than the defects (if any) indicated in that Table.

Signature

Date

FORM 7.

NAVIGATION ACT.

Regulation 71.

Navigation (Loading and Unloading—Safety Measures) Regulations.

REPORT OF BREAKAGE OR FAILURE OF CARGO GEAR, OR INJURY OR RISK TO ANY PERSON ON OR ABOUT A SHIP.

Name of ship: Official number:

Port of registry:

Projected date of departure: Where bound:

Name of owner or agent at port where breakage or failure of cargo gear or injury occurred:

Date and time of occurrence:

Place of occurrence:

Name of person in charge of operations at time of occurrence:

By whom employed:

Report:

*Signature of Master.

*Signature of person-in-charge of

loading or unloading operations.

Date

* Strike out whichever words are inapplicable.

THIRD SCHEDULE.

Regulation 25.

PUBLICATIONS DEALING WITH ENGINEERING STANDARDS.

British Standard 394—Short Link Wrought Iron Chain.

British Standard 781—Wrought Iron Chain Slings.

British Standard 482—Wrought Iron and Mild Steel Hooks.

British Standard 825—Mild Steel Shackles.

British Standard 590—Electrically Welded Mild Steel Chain.

British Standard 1663—Higher Tensile Steel Chain (Electrically Welded).

British Standard 408—Ship’s Cargo Lifting Blocks.

British Standard 365—Round Strand Galvanised Steel Wire Ropes for Shipping Purposes.

British Standard 431—Manila Ropes for general purposes.

British Standard 908—Sisal Ropes for general purposes.

British Standard 2052—Ropes made from Coir, Hemp, Manila and Sisal.

Factory Department, United Kingdom Ministry of Labour and National Service—Safety Pamphlet No. 3—“The Use of Chain and Other Lifting Gear”.

Commonwealth Scientific and Industrial Research Organization—“Timber Engineering Design Handbook”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.