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.
These Regulations may be cited as the Navigation (Cargo—Hazards Prevention) Regulations.
Repeal.
The Navigation (Cargo—Hazards Prevention) Regulations (comprising Statutory Rules 1959, No. 97; and Statutory Rules 1967, No. 92) are repealed.
Interpretation.
3.—(1.) In these Regulations, unless the contrary intention appears—
“approved chemist” means a person who is an associate of the Royal Australian Chemical Institute, or holds qualifications equivalent to such an associate, and has special knowledge of hazardous substances;
“cargo” includes mails, baggage and stores;
“deck space” means an area on an exposed deck of a ship;
“Grade 1 hazardous substance” means a substance the grade of which is specified as 1 in the third column of the First Schedule opposite to the name or description of that hazardous substance in the second column of that Schedule;
“Grade 2 hazardous substance” means a substance the grade of which is specified as 2 in the third column of the First Schedule opposite to the name or description of that substance in the second column of that Schedule;
“handling”, in relation to a hazardous substance or other cargo, includes the loading, unloading, discharging, stacking, stowing or re-stowing of the substance or other cargo and any operation incidental to or arising out of any of those operations, and “handle” and “handled” have corresponding meanings;
“hazardous substance” means a substance that is named or described in the First Schedule;
“hold” includes the space within a ’tween or shelter deck immediately over a hold, being a space which is fitted with a watertight transverse bulkhead at each end over or adjacent to the bulkheads fitted in the hold below;
(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;
“port” means a port in Australia;
“prescribed authority” means—
(a) in relation to the port of Sydney, Melbourne, Brisbane, Port Adelaide, Fremantle or Hobart—the Regional Controller for the State in which the port is situated;
(b) in relation to a port in the Northern Territory of Australia—the representative, at the port, of the Regional Controller for the State of Western Australia; and
(c) in relation to any other port—the representative, at the port, of the Regional Controller for the State in which the port is situated;
“radioactive substance” means any substance which spontaneously emits ionizing radiation and of which the radioactivity per gram is greater than 0.002 microcurie;
“Regional Controller” means an officer for the time being performing the duties of an office of Regional Controller, Department of Shipping and Transport;
“safety ammunition” means ammunition one part of which would not produce an explosive effect by reason only of the explosion of another part of that ammunition in close proximity to that first-mentioned part and includes percussion caps, safety cartridges and safety fuses;
“tanker” means a cargo ship constructed or adapted for the carriage in bulk of substances in fluid form;
“underdeck space” means a hold or a covered space for the stowage of cargo, and includes a space within an open shelter deck, superstructure or deck erection.
(2.) In these Regulations, a reference to a radioactive substance shall be read as including a reference to any receptacle which has contained a substance which spontaneously emits ionizing radiation and of which the radioactivity per gram is greater than 0.002 microcurie, being a receptacle which has not been decontaminated since it last contained that substance.
(3.) For the purposes of these Regulations, an underdeck space shall be deemed to be adjacent to another underdeck space if it is immediately before, abaft, above or below that other underdeck space and is not separated from it by engine or boiler spaces.
(4.) In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered.
Application.
4.—(1.) These Regulations apply to and in relation to all ships, British and foreign.
(2.) Where regulations under the Explosives Act 1961-1966 make provision in relation to handlings to which that Act applies, these Regulations do not apply in relation to those handlings.
Notice of arrival of hazardous cargo.
Where a ship has on board a Grade 1 hazardous substance, a Grade 2 hazardous substance the weight of which is five tons or more or Grade 2 harzardous substances the total weight of which is five tons or more—
(a) any part of that substance or those substances;
(b) if the whole or a part of that substance or those substances is stowed in an underdeck space—other cargo in that underdeck space; or
(c) if the whole or a part of that substance or those substances is stowed on a deck space—other cargo on or over that deck space,
shall not be handled unless—
(d) notice of the proposed handling has been given to the prescribed authority at the port in accordance with the form in the Second Schedule; and
(e) either—
(i) twenty-four hours has elapsed since the giving of the notice; or
(ii) the prescribed authority at the port has approved the handling.
Notice of arrival of hazardous cargo in damaged receptacles or leaking from the hull.
6.—(1.) Where a ship has on board a hazardous substance in a damaged receptacle or a hazardous substance that is leaking from a damaged receptacle, the owner, master and agent of the ship are each guilty of an offence against this regulation unless notice, in addition to any notice required to be given under the last preceding regulation, is given to the prescribed authority at the port in respect of the damaged receptacle.
(2.) Where a ship enters a port with a hazardous substance in bulk fluid form and the substance is leaking from the hull of the ship, the owner, master and agent of the ship are each guilty of an offence against this regulation unless notice, in addition to any notice required to be given under the last preceding regulation, has been given to the prescribed authority at the port stating the name of the substance, the quantity on board the ship and the fact that the substance is leaking from the hull.
Penalty: Two hundred dollars or imprisonment for three months, or both.
Inspections by surveyors required before handling commenced.
7.—(1.) Subject to the next succeeding sub-regulation, where, on a ship—
(a) any quantity of a Grade 1 hazardous substance that is an explosive or a radioactive substance; or
(b) any other Grade 1 hazardous substance the weight of which is five tons or more or any other Grade 1 hazardous substances the total weight of which is five tons or more,
are stowed in any one space or on deck alongside any one hatch, that substance or those substances and any other cargo stowed in or on that space, shall not be handled at a port unless—
(c) an inspection has been made by a surveyor and he has approved the handling; or
(d) the prescribed authority at the port has approved the handling.
(2.) The last preceding sub-regulation does not apply to hazardous substances in fluid form carried in bulk in a tanker.
(3.) Where a ship at a port has on board a hazardous substance in a damaged receptacle—
(a) that receptacle and any hazardous substance that has escaped from that receptacle shall not be handled;
(b) if the receptacle is stowed in an underdeck space—other cargo shall not be handled in, or on or over a deck above, that underdeck space or an underdeck space adjacent to that underdeck space if those two underdeck spaces are not separated by a watertight bulkhead;
(c) if the damaged receptacle is stowed on a deck space—other cargo shall not be handled on, over or below that deck space,
unless—
(d) an inspection has been made by a surveyor and he has approved the handling; or
(e) the prescribed authority at the port has approved the handling.
(4.) The last preceding sub-regulation does not apply to a Grade 2 hazardous substance that is a readily combustible solid.
Fees.
8.—(1.) Subject to sub-regulations (2.), (3.) and (5.) of this regulation, where a surveyor inspects a ship for the purposes of the last preceding regulation, there is payable in respect of each visit to the ship by the surveyor a fee of Four dollars.
(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, a surveyor is, or surveyors are, 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 three preceding sub-regulations apply in respect of each surveyor who sets out to commence an inspection.
(5.) Where—
(a) 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 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) 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) 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, 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 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.
(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 a surveyor of a ship, means the office of the Department of Shipping and Transport, or of the representatives of that Department, at the place where the inspection is made, or the proposed inspection is to be made.
Notice of intention to load.
9.—(1.) A Grade 1 hazardous substance, a Grade 2 hazardous substance the weight of which is five tons or more, Grade 2 hazardous substances the total weight of which is five tons or more, or a Grade 2 hazardous substance the weight of which is such that when added to the weight of any Grade 2 hazardous substances on board the ship will result in the total weight of those substances on board being five tons or more shall not be loaded into or onto a ship at a port unless—
(a) notice of the proposed loading has been given to the prescribed authority at the port in accordance with the form in the Second Schedule; and
(b) either—
(i) twenty-four hours has elapsed since the giving of the notice; or
(ii) the prescribed authority at the port has approved the loading.
(2.) A notice under the last preceding sub-regulation is in addition to, and not in substitution for, any notice that may be required under the Navigation (Dangerous Goods) Regulations.
Loading of certain substances.
10.—(1.) Any quantity of a Grade 1 hazardous substance that is an explosive or a radioactive substance shall not be loaded into or onto a ship at a port unless an inspection has been made by a surveyor and he has approved the loading or the prescribed authority at the port has approved the loading.
(2.) A Grade 1 hazardous substance that is a flammable liquid shall not be loaded into an underdeck space in a ship at a port unless an inspection has been made by a surveyor and he has approved the loading or the prescribed authority at the port has approved the loading.
(3.) A Grade 1 hazardous substance (not being a substance in respect of which an inspection is required under either of the last two preceding sub-regulations before it is loaded into or onto a ship) shall not be loaded into any one space, or onto a deck alongside any one hatch, of a ship at a port if the weight of that substance or the total weight of that substance and any other Grade 1 hazardous substances in that space or alongside that hatch would, after the loading, be five tons or more unless an inspection has been made by a surveyor and he has approved the loading or the prescribed authority at the port has approved the loading.
(4.) The last preceding sub-regulation does not apply to the loading into a tanker of a hazardous substance in bulk fluid form.
(5.) Where a Grade 1 hazardous substance is stowed abreast of a hatchway, other cargo shall not, without the approval of a surveyor, be handled over that hazardous substance.
Damage to receptacles or spillage during handling.
11.—(1.) If, during the handling of a hazardous substance on a ship in a port, spillage of the substance occurs or a receptacle in which the substance is contained is observed to be damaged, the person appointed under regulation 19 of these Regulations to supervise the handling of the substance shall report the matter without delay to the officer in charge of the ship and—
(a) shall direct that the substance shall not be handled;
(b) if the whole or a part of the substance is stowed in an underdeck space—shall direct that other cargo shall not be handled in, or on or over a deck above, that underdeck space or an underdeck space adjacent to that underdeck space if those two underdeck spaces are not separated by a watertight bulkhead; and
(c) if the whole or a part of the substance is stowed on a deck space—shall direct that other cargo shall not be handled on, over or below that deck space.
(2.) Where a direction has been given under the last preceding sub-regulation—
(a) a person shall not handle, or permit the handling of, a hazardous substance or other cargo in contravention of that direction; and
(b) a person (other than an officer of the ship, a surveyor, an approved chemist or a person thereto authorized by an officer of the ship or a surveyor) shall not be in or upon a part of the ship where the substance is stowed or where, by virtue of the direction, the handling of other cargo is prohibited,
until a surveyor or the prescribed authority at the port has approved the handling of the substance or that other cargo, as the case may be.
Penalty: Two hundred dollars or imprisonment for three months, or both.
Surveyor may be accompanied by approved chemist in certain cases.
Where a hazardous substance is in a damaged receptacle or spillage of the substance has occurred, a surveyor may require that, while he is making an inspection of the substance for the purposes of these Regulations, he be accompanied by an approved chemist whose services shall be paid for by the owner of the ship on which the substance is, or is to be loaded, or, in default of payment by the owner, by the agent of the ship.
Approval may be subject to conditions.
13.—(1.) A surveyor or the prescribed authority at a port may, in giving an approval to the handling of a hazardous substance or other cargo, give that approval unconditionally or subject to conditions and may give such directions in relation to the handling of a hazardous substance or other cargo as, in the interests of safety, he thinks fit.
(2.) Where an approval given under the last preceding sub-regulation is subject to conditions or directions are given under that sub-regulation, a hazardous substance or other cargo shall not be handled except in accordance with those conditions or directions.
Emergency alarm.
14.—(1.) Where, at a port—
(a) a ship has on board or is being loaded with a Grade 1 hazardous substance;
(b) a ship has on board or is being loaded with a Grade 2 hazardous substance the weight of which is five tons or more or Grade 2 hazardous substances the total weight of which is five tons or more; or
(c) a ship is being loaded with a Grade 2 hazardous substance the weight of which is such, that, when it is added to the weight of any Grade 2 hazardous substance or to the total weight of any Grade 2 hazardous substances on board the ship, will result in the total weight of those substances being five tons or more,
the master of the ship shall not permit a member of the crew, and a supervisor, foreman or other person in charge of labour engaged on or about the ship shall not permit a person under his supervision, to enter any underdeck space that is not separated by engine or boiler spaces from the part of the ship in which the hazardous substance is, or into which it is being loaded, unless an alarm system has been installed in accordance with this regulation.
Penalty: One hundred dollars or imprisonment for three months, or both.
(2.) A master of a ship may require the alarm to be installed by, and at the expense of, the person who is the employer of persons who, for any reason, are required to enter a hold or underdeck space of the ship.
(3.) The alarm shall be a klaxon horn or other warning device approved by the Minister and shall be attached to or in the vicinity of the upper hatch coaming of a hold or underdeck space in the part of the ship where the substance is stowed or is to be handled.
(4.) The alarm shall be capable of being immediately sounded by the hatch-man or other person in charge of the alarm system who shall be, and shall be directed by the person in charge of the work to be, in attendance on the alarm system at all times while work is in progress.
(5.) The warning signal shall be a continuous sounding of the alarm and the nature of the signal shall be made known by the person in charge of the work to all persons employed in any hold or underdeck space on the ship.
Persons to be warned of dangers of hazardous substances.
15.—(1.) The master of a ship in a port which has on board, or on which is to be loaded, a hazardous substance shall warn the members of the crew and each employer of labour engaged on or about the ship of the nature of the substance, the risks involved and the precautions to be taken.
(2.) The supervisor, foreman or other person in charge of labour (other than members of the crew) engaged on or about a ship in a port shall satisfy himself that all the persons under his supervision are similarly warned.
Penalty: One hundred dollars or imprisonment for three months, or both.
Fire precautions.
A hazardous substance shall not be handled in a ship, other cargo shall not be handled in an underdeck space in which a Grade 1 hazardous substance is stowed and other cargo shall not be handled on or over a part of a deck on which a Grade 1 hazardous substance is stowed unless in the immediate vicinity of the
place where the hazardous substance is to be handled or is stowed, there is conspicuously displayed a notice clearly stating that smoking is prohibited and—
(a) except in the case of a radioactive substance or a substance that is dangerous by interaction with water—a fire hose under water pressure is available for immediate use and—
(i) in the case of a flammable substance that is immiscible with water—is fitted with a spray nozzle; or
(ii) in any other case—is fitted with a jet nozzle;
(b) in the case of a Grade 1 hazardous substance (not being a radioactive substance or a substance that is dangerous by interaction with water, a corrosive substance or a poisonous substance)—not less than two portable fire extinguishers suitable for the substance involved are available for immediate use; and
(c) in the case of a substance that is dangerous by interaction with water—not less than six cubic feet of sand or of other material suitable for quenching a fire in that substance are available for immediate use.
Carrying of matches, and use of fire on a ship.
17.—(1.) A person engaged in the handling of a hazardous substance in or on a ship at a port shall not carry or have in his possession any matches or other materials or appliances for producing fire.
(2.) If a ship is in port, a person shall not smoke, or permit another person to smoke, or have in his possession, or create or use, or permit another person to have in his possession, or create or use, any fire or naked light—
(a) except with the approval of a surveyor—in, or on a deck above, an underdeck space of the ship, or on a part of a deck of the ship, where a hazardous substance is stowed or is being handled; or
(b) except with the approval of the master of the ship—in any other part of the ship.
(3.) A person shall not, without the approval of a surveyor, carry on, or permit another person to carry on, any oxy-welding, cutting or similar process in or on a ship in a port if a hazardous substance is stowed or is being handled on the ship.
Penalty: One hundred dollars or imprisonment for three months, or both.
Lighting.
18.—(1.) When a ship is in a port, a person shall not use, or permit the use—
(a) of portable electric lighting in an underdeck space of the ship where a Grade 1 hazardous substance that is an explosive, a flammable liquid or flammable gas is stowed or being handled—unless the portable electric lighting is flameproofed in accordance with British Standard Specification No. 889; or
(b) of electric lighting in an underdeck space of the ship where a Grade 2 hazardous substance that is an explosive, a flammable liquid or flammable gas is stowed or is being handled—unless the electric lighting is constructed and maintained so that during normal usage it will not short-circuit or spark and the lamp is protected so that it will not come into contact with the ship or its cargo.
(2.) Where portable electric lighting is used in accordance with the last preceding sub-regulation, no junction-box, switch or plug connected with the lighting shall be located in an underdeck space.
(3.) When a ship is in a port, a person shall not use or permit the use of permanent electric lighting in an underdeck space where a Grade 1 hazardous substance that is an explosive, a flammable liquid or flammable gas is stowed or is being handled.
Penalty: One hundred dollars or imprisonment for three months, or both.
Supervision of holds, &c.
19.—(1.) The owner, master or agent of a ship in which a hazardous substance is carried shall, if the hazardous substance is to be handled while the ship is in a port or if other cargo that is stowed in or in the vicinity of the space in which the hazardous substance is stowed is to be handled while the ship is in a port, appoint an officer or member of the crew or other reliable person to supervise the handling of the hazardous substance or cargo.
(2.) The officer, member of the crew or other person so appointed shall—
(a) supervise the handling of the substance or cargo in the port;
(b) remain in, or frequently visit, the underdeck space or deck in or on which the substance or cargo is being handled;
(c) closely inspect the underdeck space or deck when the handling of the substance or cargo is completed; and
(d) report to the master or officer in charge as to the condition of the underdeck space or deck and the substance or cargo after handling.
Penalty: One hundred dollars or imprisonment for three months, or both.
If a hazardous substance is in or on a ship in a port, a person shall not, during a meal-time or other recess, except with the permission of the master or other officer in charge of the ship, remain in, or visit, an underdeck space containing that substance.
Penalty: Sixty dollars or imprisonment for two months, or both.
Qualified persons to be in charge of pumps.
21.—(1.) The master or other officer in charge of a ship in or on which a hazardous substance is to be handled in a port shall appoint, or cause to be appointed, a certificated engineroom officer, or other competent member of the engineroom staff of the ship, to be on duty when the substance is being handled in or on the ship.
(2.) The officer or other member of the engineroom staff so appointed shall, while the substance is being handled in or on the ship in the port, remain on duty and be immediately available, in emergency, to bring into operation the fire pumps and other fire extinguishing appliances in his charge.
Penalty: One hundred dollars or imprisonment for three months, or both.
Contaminated dunnage, &c.
Where, after a spillage of a hazardous substance, any dunnage or material or gear belonging to or on the ship has become contaminated as a result of the spillage the master shall—
(a) report the contamination to the prescribed authority at the port;
(b) if required to do so by the prescribed authority or by a surveyor—cause the dunnage, material or gear to be destroyed or decontaminated in such manner as the prescribed authority or the surveyor directs; and
(c) immediately after the destruction or decontamination is effected notify the prescribed authority or the surveyor accordingly.
Penalty: Sixty dollars or imprisonment for two months, or both.
Respirators to be provided on tankers.
23.—(1.) The master of a tanker registered in Australia or of a tanker licensed to engage in the coasting trade shall provide a full face respirator with back mounted organic vapour cannister or a full face airline respirator without demand valve for each person—
(a) engaged, during the loading of bulk benzene or the loading of other cargo into a tank the last preceding cargo of which was, or consisted in part, of bulk benzene, in ullaging or other duties on deck near an open ullage pipe;
(b) engaged in ullaging bulk cargoes containing benzene;
(c) engaged, during the discharge of bulk benzene or a bulk cargo containing benzene, in working in the pump room; and
(d) engaged in tank washing if the benzene vapour concentration is greater than twenty-five parts per million.
(2.) The master of a tanker registered in Australia or of a tanker licensed to engage in the coasting trade shall ensure that a fan capable of ventilating the pump room in the tanker shall be used at all times during the discharge of a bulk cargo of benzene or a bulk cargo containing benzene.
Penalty: Two hundred dollars or imprisonment for three months, or both.
Power to modify, vary or exempt.
24.—(1.) Where, in a particular case, the Minister is satisfied that it is unreasonable and unnecessary to insist upon compliance with a requirement of these Regulations and that a modification or variation of, or exemption from compliance with, that requirement can be permitted without danger to person or property, he may, by writing under his hand, approve, subject to such conditions as are set out in the approval, of the modification or variation, or of the exemption, and the approval has effect according to its terms.
(2.) The person to whom an approval is given under the last preceding sub-regulation shall not fail to comply with a condition set out in the approval.
Penalty: Two hundred dollars or imprisonment for three months, or both.
(3.) An application for a modification or variation of, or exemption from compliance with, a requirement of these Regulations shall be made in writing by the owner, master or agent of the ship.
Handling of explosives in State explosives areas.
25.—(1.) Where a person appointed under a law of a State to supervise the handling of explosives is satisfied, in relation to the handling of explosives in or on a ship at a place appointed for the handling of explosives under a law of that State, that it is unreasonable and unnecessary to insist upon compliance with a requirement of these Regulations and that a modification or variation of, or exemption from compliance with, that requirement can be permitted without danger to person or property, he may, by writing under his hand, approve, subject to such conditions as are set out in the approval, of the modification or variation, or of the exemption, and the approval has effect according to its terms.
(2.) The person to whom an approval has been given under the last preceding sub-regulation shall not fail to comply with a condition set out in the approval.
Penalty: Two hundred dollars or imprisonment for three months, or both.
Offenses.
26.—(1.) Where a hazardous substance or other cargo is handled or loaded in contravention of these Regulations, the owner, master and agent of the ship are each guilty of an offence against these Regulations punishable upon conviction by a fine not exceeding Two hundred dollars or imprisonment for a period not exceeding three months, or both.
(2.) Where, in a prosecution for an offence against these Regulations, there is evidence that the name or description of a substance was marked on the outside of a receptacle then, unless the contrary is proved, the receptacle shall be deemed to have contained the substance so named or described.