Navigation (Cargo-Hazards Prevention) Regulations (Amendment)

Legislation au C1973L00122 Regulations Not in force Legislative Instrument

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Statutory Rules

1973 No. 122

REGULATIONS UNDER THE NAVIGATION ACT 1912-1972.

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 1912-1972.

Dated this twenty-first day of June, 1973.

PAUL HASLUCK

Governor-General.

By His Excellency’s Command,

C. K. JONES

Minister of State for Transport.

____________

Amendments of the Navigation (Cargo—Hazards Prevention)

Regulations†

Notice of arrival or hazardous cargo.

1. Regulation 5 of the Navigation (Cargo—Hazards Prevention) Regulations is amended by inserting, after the word “ handled ”, the words “ at a port ”.

2. After regulation 11 of the Navigation (Cargo—Hazards Prevention) Regulations the following regulation is inserted:—

Spillage of, or radiation from, radioactive substance daring handling.

“ 11a. (1) If, during the handling of a hazardous substance, being a radioactive substance, in a port, it appears to the person appointed under regulation 19 of these Regulations to supervise the handling of the substance (in this regulation referred to as ‘ the supervisor ’) that spillage of, or radiation from, the substance has occurred or may occur, whether by reason of the defective condition of, or damage to, the receptacle or package containing the substance or otherwise, the supervisor shall give such directions, and take such other measures, as are necessary to ensure that a person, other than a qualified person or a person assisting a qualified person, does not enter or remain in any place in which the safety of persons is or may be endangered by reason of the spillage or radiation until a qualified person is satisfied that the safety of persons in that place is not endangered.

“ (2)  Where a qualified person is of the opinion that the safety of persons in any place in a port is endangered by reason of spillage of, or radiation from, a radioactive substance referred to in the last preceding sub-regulation, be may give such directions, and take such other measures, as are necessary to remove the cause of the danger or have become necessary to preserve the safety of persons in that place as a result of the existence of the danger.

“ (3) Where a reasonable direction has been given to a person under either of the last two preceding sub-regulations, the person shall comply with the direction.

Penalty: Two hundred dollars or imprisonment for three months, or both.

* Notified in the Commonwealth Gazette on 28 June 1973.

† Statutory Rules 1968, No. 23.

“ (4) In this regulation, ‘ qualified person ’ means a person appointed by the Minister to be a qualified person for the purposes of this regulation.”.

3. After regulation 16 of the Navigation (Cargo—Hazards Prevention.) Regulations the following regulation is inserted:—

Precautions in relation to electrical equipment.

“ 16a. (1) Explosives that are Grade 1 hazardous substances shall not be handled in a ship while bunkering of the ship is in progress.

“ (2)  Explosives that are Grade 1 hazardous substances shall not be handled in a ship unless—

(a) the main switches controlling any radio or radar transmitters in the ship or any other equipment in the ship that is capable of producing electromagnetic radiation are turned off so that the equipment is not energized; and

(b) a notice is placed near those switches stating that the switches are not to be turned on while explosives that are Grade 1 hazardous substances are being handled in the ship.”.

Lighting.

4. Regulation 18 of the Navigation (Cargo—Hazards Prevention) Regulations is amended by omitting from paragraph (a) of sub-regulation (1) the words and figures “ British Standard Specification No. 889 ” and substituting the words and figures “ Specification No. AS.C99 of the Standards Association of Australia and the electric cable (if any) used to supply electric current to the portable electric lighting is heavy duty flexible cord or sheathed flexible cable complying with the requirements of Specification No. AS.C116 of the Standards Association of Australia ”.

Supervision of holds, &c.

5. Regulation 19 of the Navigation (Cargo—Hazards Prevention) Regulations is amended by inserting in sub-regulation (1), after the words “ substance is ” (first occurring), the words “, or is to be,”.

Respirators to be provided on tankers.

6. Regulation 23 of the Navigation (Cargo—Hazards Prevention) Regulations is amended by omitting from sub-regulation (1) the word “ cannister ” and substituting the word “ canister ”.

First Schedule.

7. (1) The First Schedule to the Navigation (Cargo—Hazards Prevention) Regulations is amended by inserting after item 20 the following item:—

“ 20a

Acrylamide.................................

2 ”.

(2) The First Schedule to the Navigation (Cargo—Hazards Prevention) Regulations is amended by inserting after item 652 the following item:—

“ 652a

Organophosphorus compounds....................

1 ”.

 

Overview

Statutory Rules 1973 No. 122, known as the Regulations under the Navigation Act 1912-1972, were enacted by the Governor-General in accordance with the advice of the Federal Executive Council. The legislation was introduced to address and refine the existing regulations concerning the handling of hazardous cargo, particularly focusing on radioactive substances, electrical equipment, and lighting standards in ports. The policy objective, as stated in the regulations, is to ensure the safety of individuals in ports by enforcing stringent measures for the handling and supervision of hazardous materials. This legislative instrument amends the Navigation (Cargo—Hazards Prevention) Regulations by introducing new regulations that mandate specific actions in the event of spillage or radiation from radioactive substances, prohibiting the handling of Grade 1 hazardous substances during ship bunkering, and requiring the de-energising of equipment capable of producing electromagnetic radiation when handling such substances. Additionally, it updates the lighting standards and supervision requirements for cargo holds, and introduces new substances to the list of hazardous materials.

Scope and Application

The Navigation (Cargo—Hazard Prevention) Regulations, 1973, apply to all persons and entities involved in the handling of hazardous cargo at Australian ports, encompassing both domestic and international maritime activities. These regulations are designed to ensure the safe handling, storage, and transportation of hazardous substances, specifically targeting the prevention of spillage and radiation from radioactive substances, the handling of Grade 1 explosives, and adherence to lighting standards for safety. The regulations extend to the entire Commonwealth of Australia, governing maritime activities within its territorial jurisdiction. While the regulations primarily focus on the safety and prevention measures within ports, there are no explicit exclusions noted in the text. However, the scope of application may be extended or restricted through subordinate instruments, allowing for adjustments and refinements in response to evolving safety standards and technological advancements.

Key Provisions

The primary sections of the Statutory Rules 1973 No. 122, which are amendments to the Navigation (Cargo—Hazards Prevention) Regulations, introduce new regulations and modify existing ones to enhance safety measures during the handling of hazardous substances in ports. Specifically, regulation 5 is amended to clarify that the handling of hazardous substances must occur at a port, while new regulation 11a is introduced to manage incidents involving spillage or radiation from radioactive substances (1). Regulation 16a is added to prohibit the handling of Grade 1 explosives in a ship during bunkering or unless certain conditions regarding electromagnetic equipment are met (3). Additionally, regulation 18 is updated to specify the type of lighting and electrical cords to be used, and regulation 19 is amended to ensure supervisors are appointed for substances that are to be handled (4, 5). Regulation 23 is corrected to ensure proper spelling of 'canister' (6). The First Schedule is expanded to include new entries for Acrylamide and Organophosphorus compounds (7). These amendments impose specific obligations on parties handling hazardous substances in ports. Supervisors must be appointed to oversee the handling of radioactive substances, and they must take necessary measures to prevent unauthorised personnel from entering areas where spillage or radiation poses a risk (11a). Persons handling Grade 1 explosives must ensure that specific electronic equipment is turned off and that appropriate notices are posted (16a). Ships must comply with updated lighting and electrical standards to ensure safe handling environments (18). The updated First Schedule requires adherence to new classifications for certain hazardous substances, ensuring they are properly identified and managed (7). Violations of these regulations can result in significant penalties. For instance, failing to comply with a direction given by a qualified person to mitigate the risk of spillage or radiation from a radioactive substance can result in a fine of up to two hundred dollars, imprisonment for up to three months, or both (11a(3)). Similarly, handling Grade 1 explosives in a ship during bunkering or without adhering to the specified conditions can also lead to similar penalties (16a). These provisions underscore the importance of strict compliance to maintain safety standards in port operations.

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