Dangerous Substances in Harbour Areas Regulations 1987
1987 No. 37
HEALTH AND SAFETY
The Dangerous Substances in Harbour Areas Regulations 1987
Made 15th January 1987
Laid before Parliament 26th February 1987
Coming into force 1st June 1987
The Secretary of State for Transport in the exercise of the powers conferred by sections 15(1), (2), (3)(a) and (c), (4), (5)(b), (6)(a) and (b) and (9), 43(2), (4), (5), (6) and (9), 80(1) and (4) and 82(3)(a) of, and paragraphs 1(1) to (4), 2(1), 3, 4, 6, 7, 9, 11, 12, 13(2), 14, 15(1), 16, 18(a), 20, 21(a) to (c) and 22 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and section 97(5) of the Explosives Act 18752and now vested in him3and of all other enabling powers;
(a) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act; and
(b) it appearing to him that the repeal of the instruments referred to in paragraphs (1)(d), (5) and (6) of regulation 47 and Parts II and III of Schedule 8 below provided for by section 80(1) of the 1974 Act is expedient, after the carrying out by him of consultations in accordance with subsection (4) of that section,
hereby makes the following Regulations:
PART I
INTERPRETATION AND APPLICATION
Citation and commencement
1. These Regulations may be cited as the Dangerous Substances in Harbour Areas Regulations 1987 and shall come into force on 1st June 1987.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“approved list” means the list described in regulation 4 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 19844;
“barge” includes any lighter or similar vessel whether self-propelled or not;
“berth” means any dock, pier, jetty, quay, wharf or similar structure (whether floating or not) or buoy berth in each case within a harbour or harbour area, at which a vessel may tie up, and–
(a) includes any plant or premises, other than a vessel, used for purposes ancillary or incidental to the loading or unloading of a dangerous substance within the curtilage of that berth, but
(b) does not include a monobuoy or in regulations 18, 21(6) and 27(1) any other buoy berth;
“classification” where the reference is to the classification of a dangerous substance means either–
(a) the classification for the purposes of–
(i) the Merchant Shipping (Dangerous Goods) Regulations 19815, or
(ii) the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 in relation to substances which are dangerous for conveyance within the meaning of those Regulations; or
(b) the classification specified in column 2 of Part I of Schedule 1 to these Regulations corresponding to the most hazardous of the characteristic properties of that substance specified in column 1 of that Part;
“Compatibility Group” and “Compatibility Group letter” have the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 19836;
“consignor” means the original consignor;
“dangerous substance” means a substance or article described in regulation 3;
“Division” and “Division number” have the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983;
“dumb craft” means a vessel not possessing mechanical means of propulsion and includes a dumb barge and a dracone;
“explosive” means in relation to an article or substance which falls within regulation 3, either goods of Class 1 in the IMDG Code or explosives of Class 1 in Part I of Schedule 1;
“explosives licence” means a licence issued by the Health and Safety Executive for the purposes of Part IX of these Regulations;
“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 19847other than a container within the definition of “portable tank” in these Regulations;
“handling” in relation to a dangerous substance includes the operations of loading, unloading and transferring that substance and cleaning, purging, gas-freeing and ballasting any tank on a vessel which contains a dangerous substance or its vapour;
“harbour” means any harbour, whether natural or artificial, and any port, haven, estuary, tidal or other river, canal or inland navigation waterway navigated by sea-going vessels, in each case outside a harbour area, and includes–
(a) a dock, wharf or other works in or at which vessels can obtain shelter, or ship and unship goods or passengers;
(b) harbour land, being land adjacent to a harbour as defined above and occupied wholly or mainly for the purposes of activities carried on within the harbour;
(c) a monobuoy connected to one or more storage facilities in a harbour as defined above and its monobuoy area;
“harbour area” means–
(i) all areas of water within the statutory jurisdiction of a statutory harbour authority, other than the areas of water referred to in sub-paragraph (b),
(ii) any berth, abutting any of the areas of water falling within head (i) above, where the loading or unloading of any dangerous substance takes place (whether or not that berth is for other purposes under the statutory jurisdiction of the harbour authority),
(iii) any land, within the statutory jurisdiction of a statutory harbour authority or occupied by a statutory harbour authority, used in connection with the loading or unloading of vessels,
(iv) a monobuoy connected to one or more storage facilities in a harbour area as defined above and its monobuoy area,
(a) but excluding–
(b) areas of water which are within the statutory jurisdiction of another statutory harbour authority where those areas of water are used primarily by vessels using berths or land within the harbour area of that other statutory harbour authority (for the purpose of these Regulations the harbour area of that other statutory harbour authority is known as “an overlapping harbour area”);
“harbour authority” means–
(a) in relation to a harbour area, the statutory harbour authority by reference to which that harbour area is defined,
(b) in relation to a harbour, any person being, or claiming to be–
(i) the proprietor of that harbour, or
(ii) entrusted with the duty, or invested with the duty, or invested with the power of improving, managing, maintaining or regulating that harbour;
“harbour craft” means a self-propelled craft which is used wholly or mainly within a harbour or harbour area or within such places and on adjoining inland waterways;
“harbour master” means the harbour master, dock master or other officer duly appointed by the harbour authority to act in such capacity or any person having authority so to act;
“hazard warning panel” means the panel required by regulation 11 and specified in Schedule 5;
“hazard warning sign” means in relation to a dangerous substance, the hazard warning sign specified and coloured as in column 3 Part I of Schedule 1 for the classification of the substance specified in the corresponding entry in column 2 of that Part and which is further described in Part II of that Schedule;
“the IMDG Code” has the same meaning as in regulation 1(2) of the Merchant Shipping (Dangerous Goods) Regulations 1981;
“liquid” includes liquefied gas except in Schedule 1;
“loading” and “unloading” in relation to a dangerous substance means the actual operations of loading and unloading a vessel and includes any acts of ullaging, sounding or sampling carried out in connection with such operations and the handling of substances ancillary to such operations;
“master” includes any person, other than a pilot, having charge of a vessel;
“military explosive” has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983;
“monobuoy” means a mooring buoy at which a dangerous substance may be loaded onto or unloaded from a vessel and which is connected to one or more storage facilities in a harbour or harbour area and includes the pipeline or pipelines by which it is so connected;
“monobuoy area” means the area of water surrounding a monobuoy where loading or unloading of dangerous substances takes place but does not extend to the area of water surrounding the pipeline or pipelines connected to it;
“operator” shall be construed in accordance with regulation 4;
“petroleum-spirit” means petroleum-spirit within the maaning of section 23 of the Petroleum (Consolidation) Act 19288;
“portable tank” means–
(a) a portable tank with a capacity of 450 litres or more, and
(b) a tank container and the carrying tank of a road tanker both as defined in the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations 19819;
“receptacle” includes any form of packaging used for the transport of a dangerous substance, but does not include a freight container, a portable tank or a vehicle;
“statutory harbour authority” means a “harbour authority” within the meaning of section 57 of the Harbours Act 196410, except that a person shall not be a statutory harbour authority for the purposes of these Regulations in respect of a harbour area which is inside the harbour area of another statutory harbour authority and which is used wholly or mainly for vessels bringing or receiving goods of either or both of the following descriptions, that is to say goods which have been manufactured or produced by that person or which are to be used by that person for the manufacture or production of goods or electricity, and for this purpose there shall be treated as carried on by a company the activities of manufacture or production carried on by–
(a) a holding company or subsidiary of that company,
(b) the members of a consortium who between them own, directly or indirectly, more than half the issued share capital of...
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