67Application of Part

67 Application of Part

67 Application of Part

(1) This Part applies to the handling of dangerous goods in or on a port operational area only.

(2) Each of the following is a port operational area—

(a) the waters of a port, including, in relation to a port specified in Schedule 4, the waters described in Schedule 1 for the port,

(b) a ship in a port,

(c) a port facility,

(d) a storage tank in a port connected to a wharf or other berth of the port,

(e) property in a port that is used for the handling of dangerous goods to or from a ship.

(3) However, a port operational area does not include—

(a) a long-term storage area where dangerous goods are usually kept for more than 5 days, or

(b) for a port that is a security regulated port within the meaning of the Maritime Transport and Offshore Facilities Security Act 2003 of the Commonwealth—an area outside of the boundaries of the port shown in a notice published under that Act, section 13.

(4) This Part does not apply to the handling of dangerous goods, other than bunkering fuel, that—

(a) are required for the navigation, safety or maintenance of a ship, and

(b) form part of the equipment or stores of the ship.

(5) A provision of this Part prevails to the extent of an inconsistency with a provision of a standard or code that is incorporated in, or applied by, this Part.

Note—

Also, see the following provisions in relation to the application of this Part—

(a) the Dangerous Goods (Road and Rail Transport) Act 2008, section 5(2),

(b) the Explosives Regulation 2013, clause 52,

(c) the Work Health and Safety Regulation 2017, clause 530.

s 67: Am 2024 No 67, Sch 3[10].