Navigation (Dangerous Goods) Regulations

Legislation au C1948L00140 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 140.

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1942.*

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 1912-1942.

Dated this twenty-seventh day of October, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

W. P. ASHLEY

Minister of State for Shipping and Fuel.

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Navigation (Dangerous Goods) Regulations.

Short title.

1. These Regulations may be cited as the Navigation (Dangerous Goods) Regulations.

Repeal.

2. The Navigation (Dangerous Goods) Regulations (being Statutory Rules 1932, No. 26, as amended by Statutory Rules 1945, No. 92) are repealed.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“dangerous goods” means goods which ‘have been declared by Proclamation to be dangerous;

“Director” means the Director of Navigation for the Commonwealth;

“Deputy Director” means the Deputy Director of Navigation for a State, and includes the Director.

Application.

4.—(1.) Subject to sub-regulation (2.) of this regulation, these Regulations shall apply to every ship, British or foreign, in which any dangerous goods are proposed to be shipped at any port in Australia.

(2.) These Regulations shall not apply to the shipment of dangerous goods in—

(a) ships of war; or

(b) ships engaged wholly in the domestic trade of a single State.

Notice of intention to ship goods.

5.—(1.) Before any dangerous goods are shipped in any ship to which these Regulations apply, the shipper thereof shall—

(a) forward to the Deputy Director a notice of his intention to do so in accordance with Form D.G.1 in the Schedule to these Regulations; and

 

* Notified in the Commonwealth Gazette on      , 1948.

5120.—Price 3d.          10/6.10.1948.


(b) give notice in writing (in addition to ordinary shipping documents) to the owner, agent or master of the ship setting forth a description of the goods and the marking on the outside of the package containing them.

(2.) The notice of intention to ship dangerous goods in accordance with Form D.G.1 in the Schedule to these Regulations shall be forwarded to the Deputy Director twenty-four hours before the goods are placed on board the ship or within such shorter period as the Deputy Director allows, and the notice to the owner, agent or master of the ship setting forth a description of the goods, and the marking thereon shall be given at any time prior to the goods being placed on board the ship:

Provided that the notice to the Deputy Director may be dispensed with when the goods to be shipped are classified by the Director to be dangerous goods in respect of which such notice is not required.

Inspection of magazine for carriage of explosives or inflammable liquid.

6.—(1.) Where it is desired to carry in any ship to which these Regulations apply dangerous goods being—

(a) explosives; or

(b) inflammable liquid which is to be stowed below deck and is of a flash point under 73° Fahrenheit,

the owner, agent or master of the ship shall make written application to the Deputy Director for inspection by a surveyor of the magazine intended for the carriage of the explosives or of the space in which it is intended that the inflammable liquid shall be carried, as the case requires:

Provided that written application shall not be required in the case of inflammable liquids in containers up to 1 gallon capacity packed in strong cases with a suitable absorbent material.

(2.) Goods in respect of which an application for inspection is required to be made in accordance with the last preceding sub-regulation shall not be stowed until the magazine or hold in which they are to be carried has been inspected and approved by a surveyor.

Marking, packing and stowage.

7. Subject to the next succeeding regulation the marking, packing and stowage of dangerous goods shall be as provided in the publications known as—

(a) Appendix to the Report of the Departmental Committee appointed by the Board of Trade to consider the Existing Board of Trade Memorandum on the Carriage of Dangerous Goods and Explosives in Ships, reprinted by His Majesty’s Stationery Office, London, in the year 1945 and amended by the Ministry of Transport Circular 1816 dated October, 1947, and any further amendments thereof; and

(b) Ministry of Transport Circular 1817—Conditions of stowage of explosives and of dangerous and certain other goods in ships when explosives are carried, printed and published by His Majesty’s Stationery Office, London, and dated October, 1947, and any amendments thereof.

Classified list.

8. The Director shall issue a list of goods which in his opinion are included in any description of goods declared by Proclamation to be dangerous, and, for the purpose of determining the relative degree of risk involved, may divide such goods into classes, and where in his opinion full compliance with any requirement of the provisions in the publications referred to in the last preceding regulation is unnecessary or impracticable in the Commonwealth, may vary that requirement and may determine the method of marking, packing and stowage of any substance not included in either of those publications or amendments thereof.


 

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THE SCHEDULE.

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Form D.G.—1.

Commonwealth of Australia.

Navigation Act 1912-1942.

NOTICE OF INTENTION TO SHIP DANGEROUS GOODS.

Port of

Date  /  /19

Notice is hereby given that it is proposed to ship in the    lying at                                                                       on              /              /              , the undermentioned dangerous goods:—

Goods

Quantity

Description

How packed

Name and address of consignor

The description of the goods is distinctly marked on each outside containing package as required by the Navigation Act, and the requirements of the Navigation (Dangerous Goods) Regulations as to packing and marking have been complied with.

Shipper.

To the Deputy Director of Navigation,

 

Note.—In the case of inflamable liquids and compounds, this Notice must specify the flash point within the following limits:—

When flash point is—

(a) below 73° Fah. to be marked “Flash point below 73°”;

(b) between 73° and 83° Fah., to be marked “Flash point below 83°”;

(c) between 83° and 93° Fah. to be marked “Flash point below 93°”;or

(d) between 93° and 110° Fah. to be marked “Flash point below 110°”.

 

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

Overview

The Navigation (Dangerous Goods) Regulations 1948 were enacted to establish comprehensive guidelines for the safe carriage of dangerous goods on ships in Australian waters. This legislative instrument was introduced to address the need for stringent control and regulation of dangerous goods to prevent accidents, injuries, and environmental damage. The Regulations were made by the Governor-General in accordance with the Navigation Act 1912-1942, with the objective of ensuring that dangerous goods are handled, marked, packed, and stowed in a manner that minimises risk during transportation. The Regulations replace the earlier Navigation (Dangerous Goods) Regulations 1932 and impose specific requirements for the notification, inspection, marking, packing, and stowage of dangerous goods to ensure safety and compliance with international standards.

Scope and Application

The Navigation (Dangerous Goods) Regulations 1948, made under the Navigation Act 1912-1942, pertain to the transportation of dangerous goods on ships in Australian waters. These regulations apply to all ships, both British and foreign, where dangerous goods are proposed to be shipped at any Australian port, except for ships of war and those engaged wholly in the domestic trade of a single state. The regulations mandate that before shipping any dangerous goods, the shipper must notify the Deputy Director of Navigation, providing details of the goods, and also inform the ship's owner, agent, or master. For certain dangerous goods such as explosives or inflammable liquids with a flash point below 73° Fahrenheit, the ship's owner, agent, or master must apply for and await surveyor approval before stowing the goods. The Director of Navigation is responsible for maintaining a classified list of dangerous goods and can adjust the marking, packing, and stowage requirements as necessary. These regulations provide a structured framework for ensuring the safe handling and transportation of dangerous goods within Australian maritime operations.

Key Provisions

The main operative sections of the Navigation (Dangerous Goods) Regulations are detailed in regulations 4 to 8. Regulation 4 outlines the scope of the Regulations, applying them to all ships carrying dangerous goods in Australian ports, except for ships of war and those engaged exclusively in domestic trade within a single state (Regulation 4(2)). The shipper must provide a notice of intention to ship the dangerous goods to the Deputy Director, as required by regulation 5(1), and give a written description of the goods and their markings to the ship's owner, agent, or master (Regulation 5(1)(a) and (b)). Inspections of magazines or spaces intended for carrying explosives or certain inflammable liquids must be conducted by a surveyor as per regulation 6. The marking, packing, and stowage of dangerous goods are governed by regulations 7 and 8, which reference specific publications and allow the Director to issue a classified list of dangerous goods and to vary requirements as necessary. The Regulations impose several obligations on parties involved in shipping dangerous goods. Shippers must notify the Deputy Director of their intention to ship dangerous goods and provide a description and markings of the goods to the ship's owner, agent, or master (Regulation 5). Ship owners, agents, or masters must apply for an inspection by a surveyor for the carriage of certain dangerous goods such as explosives or inflammable liquids with a flash point below 73° Fahrenheit (Regulation 6(1)). They must also ensure that the magazines or spaces intended for carrying such goods are inspected and approved before the goods are stowed (Regulation 6(2)). The Director has the responsibility to issue a classified list of dangerous goods and may vary the marking, packing, and stowage requirements as necessary (Regulation 8). Breaches of these Regulations can lead to various civil or criminal consequences. The specific offences and penalties are not detailed within the Regulations themselves but would typically be found in the principal Act, the Navigation Act 1912-1942. Violators could face fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties would be determined by the relevant provisions of the Navigation Act. Failure to comply with the notification requirements or to secure the necessary inspections could result in substantial penalties, reflecting the hazardous nature of the goods being transported.

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