STATUTORY RULES.
1937. No. 10.
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 third day of February, 1937.
GOWRIE
Governor-General.
By His Excellency’s Command,
THOS. C. BRENNAN
for the Minister of State for Commerce.
Amendments of the Navigation (Cargo-Fire Prevention) Regulations.†
Definitions.
1. Regulation 2 of the Navigation (Cargo-Fire Prevention) Regulations is amended by inserting after the definition of “Inflammable cargo” the following definition:—
“‘Inflammable liquid’ means any liquid, oil or spirit the flash point of which is less than 150 degrees Fahrenheit;”.
Handled explosives and inflammable liquids.
2. Regulation 6 of the Navigation (Cargo-Fire Prevention) Regulations is amended by omitting sub-regulations (1) and (2) and inserting in their stead the following sub-regulations:—
“(1) Subject to this regulation—
(a) explosives or inflammable liquids which have been declared by Proclamation under the Navigation Act 1912-1935 to be dangerous goods shall not be loaded into or discharged from a ship, or otherwise handled, between the hours of sunset and sunrise; and
(b) other cargo shall not be loaded, discharged or handled between those hours at a hold—
(i) which contains such explosives or inflammable liquids;
(ii) adjacent to which inflammable liquids are stowed as deck cargo; or
(iii) which is not separated by a gastight bulkhead from any adjoining hold which contains such explosives or inflammable liquids;
Provided that this sub-regulation shall not apply to the discharge, between the hours of sunset and sunrise, of a cargo of petroleum oils of any description, carried out with the approval of the harbour
*Notified in the Commonwealth Gazette on 4th February, 1937.
†Statutory Rules 1926, No. 163.
6781.—Price 3d.
authority or other competent authority controlling the discharge of such cargoes, by pumping from the ship’s hold to the shore through a pipeline which was efficiently connected before sunset.
Penalty, on the owner or master: Twenty pounds.
“(2) In special cases, where the Deputy Director is satisfied that strict compliance with the requirements of sub-regulation (1) of this regulation would occasion unreasonable or unnecessary delay to the ship, and that the concession may be granted without danger to the ship or her crew, he may, subject to such conditions as he thinks fit, grant a permit authorizing the loading, discharging or handling of the cargo referred to in that sub-regulation between the hours of sunset and sunrise”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1937 No. 10, made under the Navigation Act 1912-1935, address the problem of cargo-fire prevention on ships by amending the Navigation (Cargo-Fire Prevention) Regulations. Enacted by the Governor-General in Council, these regulations were introduced to ensure the safe handling of explosives and inflammable liquids, particularly during periods when visibility and response times are reduced, such as between sunset and sunrise. The policy objective is to mitigate the risk of fires and explosions that could endanger the ship, its crew, and the port facilities. The regulations specifically prohibit the loading, discharging, or handling of certain dangerous goods during these hours unless a permit is obtained, reflecting a balance between operational efficiency and safety.
Scope and Application
The Regulations under the Navigation Act 1912-1935, specifically the amendments to the Navigation (Cargo-Fire Prevention) Regulations, apply to the handling of explosives and inflammable liquids on ships within Australian waters. These regulations primarily govern the conduct of ship owners and masters, ensuring that the loading, discharging, and handling of dangerous goods are carried out with strict adherence to safety protocols, particularly during the hours between sunset and sunrise. The regulations also include provisions for special permits that may be granted under certain conditions, allowing for flexibility in exceptional circumstances without compromising safety. These regulations extend across the Commonwealth, ensuring a uniform approach to maritime safety nationwide. While the regulations are comprehensive, they do not apply to the discharge of petroleum oils, which is allowed under specific conditions and with the approval of relevant authorities. The scope of these regulations is further extended or restricted through subordinate instruments, which may provide additional detailed guidelines or exemptions as necessary.
Key Provisions
The main operative sections of this Statutory Rules amendment pertain to the definition and handling of inflammable liquids and explosives within the Navigation (Cargo-Fire Prevention) Regulations. Regulation 2 now includes a definition for "Inflammable liquid" (section 1), which is any liquid, oil or spirit with a flash point less than 150 degrees Fahrenheit. Regulation 6 outlines specific handling restrictions for explosives and inflammable liquids (section 2). It states that dangerous goods, including certain explosives and inflammable liquids, cannot be loaded, discharged or otherwise handled between sunset and sunrise unless certain conditions are met. Additionally, other cargo cannot be handled in specific holds during these hours if they are either adjacent to holds containing such dangerous goods, or not sufficiently separated by a gastight bulkhead.
These regulations impose a series of obligations and requirements on ship owners and masters to ensure compliance with the restrictions on handling inflammable liquids and explosives. Owners and masters must ensure that such goods are not handled between the specified hours, unless approved by the relevant authorities or a permit has been obtained under Regulation 6(2). The regulations also require that cargo be managed in a way that prevents unnecessary or unreasonable delays, provided it can be done safely. These provisions aim to mitigate the risk of fire during periods when visibility and safety measures are more challenging.
Breach of these regulations carries potential civil and criminal consequences. The penalty for non-compliance is set at Twenty Pounds (section 2). This penalty applies to both the ship owner and the master, underscoring the shared responsibility for ensuring compliance. Failure to adhere to these regulations not only risks financial penalties but also potentially jeopardises the safety of the vessel and its crew, as well as the security of the cargo being transported.