Navigation (Pig Iron, Coal and Ballast) Regulations

STATUTORY RULES.

1959. No.56.

REGULATIONS UNDER THE NAVIGATION ACT 1912-1956.*

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 1912-1956.

Dated this  twenty-sixth

day of June , 1959.

W.J. SLIM

Governor-General.

By His Excellency’s Command,

Minister of State for Shipping and Transport.

NAVIGATION (PIG IRON, COAL AND BALLAST) REGULATIONS.

Part I.—Preliminary.

Citation

1. These Regulations may be cited as the Navigation (Pig Iron, Coal, and Ballast) Regulations.

Parts.

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

Part I.—Preliminary (Regulations 1-6).

Part II.—Notice of Intention to Load (Regulations 7-8).

Part III.—Prevention of Pig Iron from Shifting (Regulations 9-14).

Part IV.—Prevention of Coal and Ballast from Shifting (Regulations 15-18).

Part V.—Ventilation, &c., of Coal (Regulations 19-22).

Repeal.

3. The Navigation (Grain, Coal and Ballast) Regulations (comprising Statutory Rules 1926, No. 106; Statutory Rules 1928, No. 137; and Statutory Rules 1941, No. 44) are repealed.

Definitions.

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

“ballast” means ballast that consists of sand, stones or other material that may shift, but does not include water carried, or to be carried, in a properly constructed ballast tank or coal;

“bulk cargo” means pig iron, ballast or coal, other than coal carried or to be carried, in a properly constructed bunker;

* Notified in the Commonwealth Gazette on 26 June, 1959.

558/58—Price 5d. 6/28.5.1959.

“pig iron” means billets of iron or other metal, being billets one ton of which, when stowed, occupies less than twenty cubic feet;

“ship” does not include a river and bay ship.

Exemptions.

5.—(1.) If, in a particular case, a Deputy Director is satisfied that the exemption of a person from a requirement of these Regulations will not endanger a ship, the Deputy Director may, by instrument in writing, grant the exemption accordingly.

(2.) An exemption under this regulation may be granted either unconditionally or subject to conditions.

(3.) Where an exemption is granted subject to conditions, the person to whom the exemption is granted shall comply with those conditions.

Application.

6. Parts III., IV. and V. do not apply in relation to a ship that is carrying bulk cargo if—

(a) the bulk cargo is wholly stowed in a lower hold;

(b) any bulk grain carried in the ship is wholly stowed in a lower hold; and

(c) the weight of the bulk cargo, together with the weight of any bulk grain carried in the ship, does not exceed one-tenth of the deadweight cargo capacity of the ship.

Part II.—Notice of Intention to Load.

Definition.

7. In this Part, “prescribed authority” means—

(a) in relation to the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart—the Deputy Director for the State in which the port is situated; and

(b) in relation to any other port—the representative of the Director at that port.

Notice of intention to load.

8.—(1.) Notice by the owner, agent or master of a ship, in accordance with, or substantially in accordance with, the form in the First Schedule to these Regulations, shall be given to the prescribed authority at a port at least twenty-four hours, or such lesser period as the prescribed authority allows, before—

(a) the commencement of the loading at the port of bulk cargo into a ‘tween deck or a superstructure, or onto the deck, of the ship; or

(b) the commencement of the loading at the port of bulk cargo into any part of the ship in a case where the weight of the bulk cargo, together with the weight of other bulk cargo, if any, and of bulk grain, if any, already in the ship, will exceed one-tenth of the deadweight cargo capacity of the ship.

(2.) If the provisions of the last preceding sub-regulation are contravened in relation to a ship, the owner, agent and master of the ship shall each be deemed to have contravened that sub-regulation.

(3.) Where notice under this regulation is given in relation to a ship, a surveyor shall inspect the ship in connexion with the loading of the bulk cargo and may make such visits to the ship for that purpose as he considers necessary or as the owner, agent or master of the ship requests.

(4.) Subject to sub-regulations (5.), (7.) and (8.) of this regulation, there is payable in respect of an inspection under the last preceding sub-regulation—

(a) a fee of Four pounds for the first visit by the surveyor; and

(b) a fee of Two pounds for each subsequent visit by the surveyor.

(5.) Where, as a result of a request made by the owner, agent or master of a ship, a surveyor carries out an inspection of the ship under this regulation during any period when the Deputy Director’s office in the State where the inspection is made is not open for public business, the fee for the inspection otherwise payable under this regulation shall be increased—

(a) if the surveyor commences or ceases to be so engaged on a day when the Deputy Director’s office is not at any time open for public business—by Five pounds five shillings; and

(b) in any other case—by Two pounds two shillings or, if the surveyor commences to be so engaged before 6 a.m. or ceases to be so engaged after 11 p.m., by Four pounds four shillings.

(6.) The last preceding sub-regulation applies in respect of each surveyor engaged on an inspection during a period when the Deputy Director’s office is not open for public business.

(7.) Where—

(a) a surveyor is available at the time and place appointed for an inspection of a ship under this regulation 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 an inspection of a ship under this regulation 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 an inspection of a ship under this regulation is compelled, for any reason outside his control, to wait on the ship after the completion of the inspection, the fee for the inspection otherwise payable under this regulation shall be increased by an amount of Two pounds for each hour, or part of an hour, of the waiting time in excess of half an hour.

(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 a ship under this regulation, the fee for the inspection otherwise payable under this regulation shall be increased by an amount 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.

Part III.—Prevention of Pig Iron from Shifting.

Master, owner and agent responsible for complying with this Part.

9. Where a ship is carrying pig iron, the master, owner or agent of the ship shall not take the ship to sea, or permit the ship to be taken to sea unless the requirements of this Part have been complied with in relation to the pig iron.

Dunnage.

10. Pig iron shall not be stowed on a steel deck unless the deck is first covered with wood dunnage.

Pig iron to be stowed level.

11. The upper surface of pig iron stowed in a ship shall, as near as is practicable, be level, both from side to side and fore and aft.

Stowage in holds.

12. Where pig iron stowed in a hold does not cover the whole of the floor of the hold, the face of the stow shall be in a straight line athwartships from side to side and so constructed as to provide effective support for the pig iron.

Stowage in ‘tween decks or superstructures.

13. Where pig iron is stowed in a ‘tween deck space or a space in a superstructure and other cargo which would prevent the pig iron from shifting is not stowed over the pig iron, the pig iron shall be contained in a compartment which complies with the requirements set out in the Second Schedule to these Regulations.

Stowage on upper deck.

14. Where pig iron is carried on an upper deck—

(a) it shall be stowed to a height of not more than one foot; and

(b) it shall be contained in a compartment which complies with the requirements set out in the Second Schedule to these Regulations.

Part IV.—Prevention of Coal and Ballast from Shifting.

Master, owner and agent responsible for complying with this Part.

15. Where a ship is carrying ballast or coal, the master, owner or agent of the ship shall not take the ship to sea, or permit the ship to be taken to sea, unless the requirements of this Part have been complied with in relation to the ballast or coal.

Ballast.

16. Ballast shall be properly trimmed and secured from shifting by vertical boards fitted on the fore and aft centre line of the ship, being boards that—

(a) extend to a height at least one foot above the top of the ballast when trimmed; and

(b) are fitted and secured to the satisfaction of a surveyor.

Coal not to be carried on upper deck.

17. Coal shall not be stowed on an upper deck.

Coal carried in hold or ‘tween deck.

18. Coal carried in a hold or ‘tween deck space shall be properly trimmed into the wings, and up to the bulkheads, of the hold or space.

Provision for ventilation.

Part V.—Ventilation, etc., of Coal.

19. Where a ship is carrying coal otherwise than in a properly constructed bunker, the master, owner or agent of the ship shall not take the ship to sea, or permit the ship to be taken to sea, unless such provision is made for the ventilation of any compartment in which the coal is carried as will prevent the accumulation of gases in the compartment and, in

particular, unless the compartment is provided with two ventilators of a type approved by a surveyor situated in positions most suitable for the surface ventilation of the coal.

Caps or lids for ventilators.

20.—(1.) The master of a ship in which a ventilator is required to be fitted by the last preceding regulation, being a ventilator the upper opening of which is in or on an upper deck, the poop or the forecastle—

(a) shall not take the ship to sea unless there is provided on the ship a cover by means of which the opening can be expeditiously and efficiently closed; and

(b) shall, at all times when the ship is at sea (other than a time when the cover is fitted to the opening), cause the cover to be stowed in a safe and accessible place in or near the

ventilator.

(2.) For the purposes of the last preceding sub-regulation, a wooden cap or iron lid which can be placed firmly over the opening of a ventilator and is provided with a canvas cover which can be lashed around the bottom of the ventilator coaming shall be deemed to be a cover by means of which the opening can be expeditiously and efficiently closed.

Thermometers.

21. The master of a ship carrying coal otherwise than in a properly constructed bunker—

(a) shall not take the ship to sea unless provision is made for taking the temperature of the coal in each compartment in which the coal is stowed by means of lowering a thermometer down a bilge sounding pipe or into the body of the coal; and

(b) shall, at least once in each period of twenty-four hours while the ship is at sea, cause the temperature of the coal in each such compartment to be taken by means of a thermometer of a type approved by a surveyor and recorded in the deck log book of the ship.

Prevention of fire and explosion through ignition of coal gas.

22. The master of a ship carrying coal shall, in addition to complying with the preceding provisions of this Part, take all practicable precautions to prevent the accidental ignition of the coal or any coal gas.

THE SCHEDULES.

First Schedule.

Regulation 8.

COMMONWEALTH OF AUSTRALIA.

Navigation (Pig Iron, Coal and Ballast) Regulations.

PIG IRON*

NOTICE OF INTENTION TO LOAD COAL*

BALLAST*

Particulars relating to Ship.

1. Name of ship

2. Port of Registry and Official No.

3. Type of ship

4. Registered tonnage Gross Net

5. Number of laid decks

6. Deadweight cargo capacity (tons)

7. Freeboard (loaded)

8. Mean draught (loaded)

9. Name of master

10. Name of owners or agents

11. Port of destination

12. Route

13. Next port of call

Particulars relating to Loading, etc.

1. Estimated stowage factor

2. Precautions that will be taken to prevent shifting:—

Trimming*

Shifting boards*

Overstowage*

3. Compartments to be used:—

4. When loading will commence

5. Where ship will be lying

6. Expected date of completion of loading

(Signature of Master, Owner or Agent)

Date

* Strike out whichever is not applicable.

Second Schedule.

Regulations 13 and 14.

REQUIREMENTS AS TO COMPARTMENTS CONTAINING PIG IRON.

1. Each side of the compartment shall consist of—

(a) a vertical part of the ship’s structure, such as the side of the ship, a bulkhead or a vertical coaming;

(b) shifting boards; or

(c) except where the pig iron is stowed on an upper deck, other suitable cargo which bears evenly and firmly against the pig iron.

2. The breadth of the compartment, in the athwartship direction, shall not exceed—

(a) where the pig iron is stowed in a ‘tween deck space in which there is a

centre-line bulkhead as part of the ship’s structure—a distance of 30 feet;

(b) where the pig iron is stowed on an upper deck—a distance equal to one-third of the breadth of the ship at the place where the pig iron is stowed; and

(c) in any other case—a distance equal to one-half of the breadth of the ship at the place where the pig iron is stowed or a distance of 25 feet, whichever is the less.

3. The height of each side of the compartment shall be not less than the height of the pig iron stowed in the compartment.

4. Shifting boards which form a side of the compartment shall be not less than 2½ inches thick if made of hardwood and not less than 3 inches thick if made of pine.

5. Subject to paragraph 8 of this Schedule, shifting boards forming the side of the compartment—

(a) shall be supported by uprights of sufficient strength to support the pig iron; and

(b) shall be bolted to the uprights or retained in position by some equally

effective method.

6. For the purposes of the last preceding paragraph, uprights shall be deemed to be of sufficient strength to support the pig iron if their strength is not less than that of—

(a) lengths of steel angles (the sections of which measure 5 inches by 5 inches by ½ inch) placed 5 feet apart;

(b) lengths of steel H sections (the webs of which measure 3 inches by ⅜ inch and the flanges of which measure 3 inches by inch) placed 8 feet apart; or

(c) lengths of hardwood (the sections of which measure 6 inches by 4 inches) placed 5 feet apart.

7. The uprights shall be bolted at the top to beams and at the bottom to lugs bolted to the deck, or secured in some other equally efficient manner.

8. Where—

(a) the height of the pig iron does not exceed 12 inches; and

(b) the breadth of the compartment in the athwartship direction does not exceed a distance equal to one-third of the breadth of the ship at the place where the pig iron is stowed, a side of the compartment which is formed by a single shifting board may be supported by shores instead of by uprights.

9. Where a shifting board is supported by shores in pursuance of the last preceding paragraph—

(a) the distance between each shore, and between each end of the shifting board and the shore nearest to that end, shall not exceed 10 feet;

(b) each shore shall be secured at the end which is against the shifting board by two hardwood chocks placed one on each side of the shore, being chocks the sections of which measure not less than three inches square and which extend the full height of, and are adequately secured to, the shifting board;

(c) if the shifting board consists of more than one length of timber—each length shall be joined by overlapping and bolting and the joint shall be supported by a shore beyond which, on each side, the overlap extends for at least 12 inches; and

(d) provision shall be made to prevent the shifting board and the shores from lifting and to secure each end of the shifting board and the ends of the shores which bear against a part of the ship’s structure.

10. The compartment shall be clear of steering rods and chains, sounding pipes, scuppers and washports.

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