Navigation (Dangerous Goods) Regulations

STATUTORY RULES

1968 No. 26

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REGULATIONS UNDER THE NAVIGATION ACT 1912-1967.*

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 1912-1967.

Dated this twentieth day of March, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

(Sgd.) Ian Sinclair

Minister of State for Shipping and Transport.

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NAVIGATION (DANGEROUS GOODS) REGULATIONS

Citation.

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

Repeal.

2.—(1.) The Navigation (Dangerous Goods) Regulations (comprising Statutory Rules 1955, No. 30; Statutory Rules 1957, No. 44; and Statutory Rules 1959, No. 46) are repealed.

(2.) Notwithstanding the repeal effected by the last preceding sub-regulation—

(a) an exemption granted by the Minister under the Regulations repealed by the last preceding sub-regulation and in force immediately before the commencement of these Regulations shall continue in force as if granted under these Regulations; and

(b) a notice given under the Regulations repealed by the last preceding sub-regulation in respect of dangerous goods shipped after the date of commencement of these Regulations is as valid and effectual as if given under these Regulations.

Interpretation.

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

“authorized person” means a person authorized by the Minister for the purposes of these Regulations;

“dangerous goods” means goods declared by proclamation under section 248 of the Act to be dangerous;

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* Notified in the Commonwealth Gazette on 1968.

4465/66—Price 15c 10/11.3.68

“manufactured fireworks (shop goods)” means—

(a) crackers or bungers containing not more than one hundred grains of gunpowder in each cracker or bunger; and

(b) other fireworks (such as squibs, serpents, rockets, maroons, wheels, Chinese fire and Roman candles) containing not more than six hundred grains of firework composition in each firework;

“passenger ship” means a ship carrying more than twelve passengers;

“Regional Controller” means a person for the time being performing the duties of an office of Regional Controller, Department of Shipping and Transport;

“the Act” means the Navigation Act 1912-1967.

(2.) A reference in these Regulations to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations.

Application.

4. These Regulations do not apply to or in relation to—

(a) dangerous goods forming part of the equipment or stores required for the navigation, safety or maintenance of a ship; or

(b) dangerous goods forming the cargo of a ship, if the ship is specially built or converted as a whole for the carriage of dangerous goods of the same kind as the dangerous goods forming that cargo.

Classes of dangerous goods.

5. For the purposes of these Regulations, dangerous goods are divided into the following classes:—

Class 1—Explosives.

Class 2—Gases that are compressed, liquefied or dissolved under pressure.

Class 3—Inflammable liquids.

Class 4 (a)—Inflammable solids.

Class 4 (b)—Inflammable solids, or substances, liable to spontaneous combustion.

Class 4 (c)—Inflammable solids, or substances, which in contact with water emit inflammable gases.

Class 5 (a)—Oxidizing substances.

Class 5 (b)—Organic peroxides.

Class 6 (a)—Poisonous (toxic) substances.

Class 6 (b)—Infectious substances.

Class 7—Radioactive substances.

Class 8—Corrosives.

Class 9—Miscellaneous dangerous substances (other than dangerous chemicals in limited quantities) not included in any of the foregoing classes.

Class 10—Dangerous chemicals in limited quantities.

Prescribed conditions in relation to the packing, stowing and carriage of dangerous goods.

6.—(1.) For the purposes of section 253a of the Act, the requirements with which dangerous goods and with which the packing, stowing and carriage of dangerous goods shall comply are the requirements recommended in relation to those dangerous goods in Appendix B and Appendix C to the Report of the Standing Advisory Committee on the Carriage of Dangerous Goods and Explosives in Ships made to the Board of Trade, dated the Twentieth day of January, 1966, and published by Her Majesty’s Stationery Office, London.

(2.) For the purposes of the last preceding sub-regulation, a reference to the Board of Trade in Appendix B or Appendix C to the Report referred to in the last preceding sub-regulation shall be read as a reference to the Minister.

(3.) For the purposes of section 253a of the Act, the Minister may determine in writing requirements with which dangerous goods, and the packing, stowing and carriage of dangerous goods shall comply, and, upon the commencement of such a determination, the requirements applicable in relation to those dangerous goods, and to the packing, stowing and carriage of those dangerous goods, under sub-regulation (1.) of this regulation to the extent that they are inconsistent with the requirements in the determination cease to apply in relation to those dangerous goods.

(4.) Where a determination is made under the last preceding sub-regulation—

(a) notice of the making of the determination shall be published in the Gazette as soon as practicable after the making of the determination; and

(b) a copy of the determination shall be laid before each House of the Parliament within fifteen sitting days of that House after the making of the determination.

Notice of intention to ship dangerous goods.

7.—(1.) A notice under section 255 of the Act of intention to ship dangerous goods—

(a) shall be in accordance with the form set out in the First Schedule;

(b) shall specify the correct technical name and description of the dangerous goods and the class of dangerous goods in which those dangerous goods are included;

(c) shall not refer to any of the dangerous goods by any trade name;

(d) shall contain a certificate signed by the shipper that the dangerous goods are packed in accordance with the determinations under the last preceding regulation applicable to the goods; and

(e) shall be given to the prescribed person at least twenty-four hours, or such shorter period as the prescribed person allows, before the goods are shipped.

(2.) A person shall not give to the prescribed person a notice referred to in the last preceding sub-regulation that is false or misleading in a material particular.

Penalty: One hundred dollars.

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(3.) For the purposes of section 255 of the Act and of the last two preceding sub-regulations, the prescribed person is—

(a) in the case of goods included in a class of dangerous goods which the Minister has declared, by instrument in writing, to be a class of dangerous goods in the handling of which there is a low degree of danger—the owner, master or agent of the ship on which the goods are to be shipped; and

(b) in any other case—

(i) if it is intended to ship the goods at the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart—the Regional Controller for the State in which the port is situated;

(ii) if it is intended to ship the goods at a port in the Northern Territory of Australia—the representative, at the port, of the Regional Controller for the State of Western Australia; and

(iii) if it is intended to ship the goods at any other port—the representative, at the port, of the Regional Controller for the State in which the port is situated.

(4.) Where—

(a) notice under this regulation of intention to ship dangerous goods is given in relation to a ship; and

(b) by virtue of a determination made under the last preceding regulation, the approval of the Minister or a surveyor is required in connexion with the packing, stowing or carriage of the dangerous goods,

an authorized person or a surveyor shall inspect the ship in connexion with the packing, stowing or carriage of the dangerous goods and may make such visits to the ship for that purpose as he considers necessary or as the owner, master or agent of the ship requests.

Fees.

8.—(1.) Subject to sub-regulations (2.), (4.) and (5.) of this regulation, there is payable in respect of an inspection of a ship under the last preceding regulation—

(a) if the inspection is an inspection of the hold of a ship for the carriage of inflammable substances—

(i) a fee of Eight dollars for the first visit by the authorized person or surveyor; and

(ii) a fee of Four dollars for each subsequent visit by the authorized person or surveyor; or

(b) for any other inspection—a fee of Four dollars for each visit by the authorized person or surveyor.

(2.) Where, as a result of a request made by the owner, master or agent of a ship, an inspection of the ship is commenced or completed at a time when the office of the Department is not open for public business, there is payable, by virtue of this sub-regulation—

(a) if the inspection is commenced or completed on a day when the office of the Department is not at any time open for public business—a fee of Ten dollars fifty cents;

(b) if the inspection commences or ceases at any time between eleven o’clock in the evening of a day and six o’clock in the morning of the next following day, and the day on which the inspection commences or ceases is a day other than a day referred to in the last preceding paragraph—a fee of Eight dollars fifty cents; or

(c) in any other case—a fee of Four dollars fifty cents.

(3.) Where, as a result of a request by the owner, master or agent of a ship, an authorized person or a surveyor is required to attend at a time and place for the purpose of inspecting a ship (being a time when the office of the Department is not open for public business) but the proposed inspection does not commence because the owner, master or agent cancels the request, there is payable, by virtue of this sub-regulation—

(a) if the time appointed is on a day when the office of the Department is not at any time open for public business—a fee of Five dollars fifty cents;

(b) if the time appointed is between eleven o’clock in the evening of a day and six o’clock in the morning of the next following day, and the day on which the time is appointed is a day other than a day referred to in the last preceding paragraph—a fee of Four dollars fifty cents; or

(c) in any other case—a fee of Two dollars fifty cents.

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

(5.) Where—

(a) an authorized person or a surveyor is available at the time and place appointed for an inspection of a ship but, for any reason outside the control of the authorized person or surveyor, he is compelled to wait for a period in excess of half an hour after that time before he can commence the inspection;

(b) an authorized person or a surveyor is carrying out an inspection and, for any reason outside his control, the inspection is interrupted and he is compelled to wait for a period in excess of half an hour before he can continue the inspection; or

(c) an authorized person or a surveyor carrying out an inspection of a ship is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection for a period in excess of half an hour,

an additional fee calculated at the rate of Four dollars for each hour, or part of an hour, of the excess, or a fee of Sixteen dollars, whichever is the less, is payable, by virtue of this sub-regulation, in respect of that inspection.

(6.) Where, as a result of a request made by the owner, master or agent of a ship, an authorized person or 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 a ship, a fee equal to the travelling and subsistence expenses necessarily incurred by the authorized person or surveyor is payable, by virtue of this sub-regulation, whether or not the proposed inspection is carried out.

(7.) The fact that a fee is, by virtue of a particular sub-regulation of this regulation, payable in respect of an inspection of a ship shall not be taken to prevent a further fee, or further fees, being payable in respect of that inspection by virtue of another sub-regulation of this regulation.

(8.) A fee payable under this regulation is a debt due to the Commonwealth and may be recovered from the owner, master or agent of the ship in a court of competent jurisdiction.

(9.) In this regulation, “the office of the Department” in relation to an inspection or proposed inspection by an authorized person or a surveyor 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.

Special manifest or stowage plan.

9.—(1.) This regulation does not apply to a ship specially constructed for the carriage of liquid cargoes in bulk.

(2.) There shall be provided in a ship carrying dangerous goods—

(a) a special manifest or list in which are set out—

(i) the classes and descriptions of the dangerous goods carried;

(ii) the correct technical name of the dangerous goods comprised in each class of dangerous goods carried; and

(iii) the location of each class of dangerous goods carried; or

(b) a detailed stowage plan in which are set out—

(i) the classes and descriptions of the dangerous goods carried;

(ii) the correct technical name of the dangerous goods comprised in each class of dangerous goods carried; and

(iii) the location of each class of dangerous goods carried.

(3.) Where there is not provided in a ship carrying dangerous goods the special manifest, list or detailed stowage plan referred to in the last preceding sub-regulation, the master and the owner of the ship are each guilty of an offence and are each liable on conviction to a penalty not exceeding One hundred dollars.

Passenger ships.

10.—(1.) Subject to this regulation, a person shall not send by, or carry in, a passenger ship explosives the total weight of which, together with their immediate casing and packing, exceeds twenty pounds unless the explosives are—

(a) included in a class of explosives specified in the Second Schedule to these Regulations;

(b) distress signal rockets for use in ships or aircraft, being rockets the total weight of which does not exceed one ton; or

(c) manufactured fireworks (shop goods).

Penalty: One hundred dollars.

(2.) Subject to sub-regulation (4.) of this regulation, a person shall not send by, or carry in, a ship carrying unberthed passengers any manufactured fireworks (shop goods).

Penalty: One hundred dollars.

(3.) Subject to the next succeeding sub-regulation, a person shall not send by, or carry in, a passenger ship carrying more than—

(a) twenty-five passengers; or

(b) if the number calculated by dividing the registered length of the ship, expressed in feet, by ten feet, is greater than twenty-five—a number of passengers equal to the number so calculated,

dangerous goods included in a class of dangerous goods specified in the Third Schedule to these Regulations.

Penalty: One hundred dollars.

(4.) Where—

(a) the Minister considers that compliance with the requirements of sub-regulation (1.), (2.) or (3.) of this regulation is, in the circumstances of the case, unnecessary or undesirable in the public interest; or

(b) a passenger ship is provided with special safety measures approved by the Minister,

the Minister may, by notice in writing, grant an exemption from compliance with the requirements of sub-regulation (1.), (2.) or (3.) of this regulation.

Penalties.

11. A person who contravenes or fails to comply with the requirements in a determination made by the Minister for the purposes of section 253a of the Act (not being a contravention or failure to comply that constitutes an offence against sub-section (2.) of section 253a of the Act) is guilty of an offence against these Regulations and, upon conviction, is liable to a penalty not exceeding Two hundred dollars or imprisonment for three months, or both.

THE SCHEDULES.

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FIRST SCHEDULE

NAVIGATION (DANGEROUS GOODS) REGULATIONS.

NOTICE OF INTENTION TO SHIP DANGEROUS GOODS.

Regulation 7.

To: Port of—

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

How packed

Name and address of shipper

I certify that the dangerous goods to which this notice relates have been packed in accordance with the determinations under regulation 6 of the Navigation (Dangerous Goods) Regulations applicable to them.

Dated this                        day of                 , 19                   ,

Shipper.

SECOND SCHEDULE

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Regulation 10 (1.).

EXPLOSIVES WHICH MAY BE TAKEN ON BOARD A PASSENGER SHIP.

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THIRD SCHEDULE

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Regulation 10 (3.).

DANGEROUS GOODS WHICH MAY NOT BE TAKEN ON BOARD A PASSENGER SHIP.

Compressed, Liquefied or Dissolved Gases.

Third Schedule—continued.

Compressed, Liquefied or Dissolved gases—continued.

Inflammable Liquids having a flashpoint below 0ºF (—18ºC).

Inflammable Solids.

Spontaneously Combustible Substances.

Third Schedule—continued.

Substances emitting inflammable gases when wet.

Oxidising Substances.

Organic Peroxides.

Poisons.

Third Schedule—continued.

Corrosives.

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