Dangerous Substances in Harbour Areas Regulations 1987

JurisdictionUK Non-devolved
CitationSI 1987/37

1987No. 37

HEALTH AND SAFETY

The Dangerous Substances in Harbour Areas Regulations 1987

15thJanuary1987

26thFebruary1987

1stJune1987

ARRANGEMENT OF REGULATIONS

PART I: INTERPRETATION AND APPLICATION

1. Citation and commencement.

2. Interpretation.

3. Meaning of "dangerous substance" .

4. Meaning of "operator" .

5. Application of these Regulations.

PART II: ENTRY OF DANGEROUS SUBSTANCES INTO HARBOUR AREAS

6. Notice of entry of dangerous substances.

7. Harbour master's powers of prohibition, removal and regulation relating to dangerous substances.

PART III: MARKING AND NAVIGATION OF VESSELS

8. Flags and lights to be displayed by vessels.

9. Regulations 6 and 8 not to apply to certain ferry-boats.

10. Vessels to keep a safe distance from moored or anchored vessels displaying the flag or light required by regulation 8.

11. Marking of barges.

12. Control of harbour craft.

13. Provision and use of radios.

14. Anchoring and mooring of vessels.

15. Mobility of vessels.

PART IV: HANDLING DANGEROUS SUBSTANCES

16. General duties of persons handling dangerous substances.

17. Additional duties of employers, self-employed persons and berth operators.

18. Precautions to be taken against fire or explosion.

PART V: LIQUID DANGEROUS SUBSTANCES IN BULK

19. Fitness of vessels.

20. Permission for transfer between vessels.

21. Safety precautions for loading, unloading or transfer.

22. Certain operations on vessels forbidden without prior permission.

PART VI: PACKAGING AND LABELLING

23. Freight containers.

24. Portable tanks and receptacles.

25. Labelling.

PART VII: EMERGENCY ARRANGEMENTS AND UNTOWARD INCIDENTS

26. Preparation of emergency plans by harbour authorities.

27. Emergency arrangements at berths.

28. Untoward incidents.

PART VIII: STORAGE OF DANGEROUS SUBSTANCES

29. Application of this Part.

30. Storage tanks.

31. Storage of freight containers, portable tanks and receptacles containing dangerous substances.

32. Parking of road vehicles carrying dangerous substances.

PART IX: EXPLOSIVES

33. Application of this Part.

34. Need for an explosives licence.

35. Applications for explosives licences.

36. Consideration of licence applications.

37. Security of explosives.

38. Vessels and vehicles loaded with explosives to be taken out of harbours and harbour areas.

39. Harbour craft carrying explosives not to carry passengers.

40. Electro-explosive devices.

41. Deteriorated explosives.

42. Records relating to explosives to be kept.

PART X: MISCELLANEOUS AND GENERAL

43. Power of a statutory harbour authority to make byelaws.

44. Enforcement of these Regulations.

45. Defence in proceedings for contravening these Regulations or byelaws.

46. Power to grant exemptions from these Regulations.

47. Repeals, revocations, modifications and savings.

SCHEDULES

1. The classification of and hazard warning signs for dangerous substances.

2. Examples of substances and articles not to be treated as being in Class 4.2 (spontaneously combustible substances).

3. List of specified dangerous substances.

4. Flag indicating that a vessel is carrying a dangerous substance.

5. Hazard warning panels.

6. Provisions relating to byelaws.

7. Procedure for explosives licence applications.

8. Repeals, revocations and savings.

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 1974 ( a) ("the 1974 Act") and section 97(5) of the Explosives Act 1875 ( b) and now vested in him ( c) and 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:

(a) 1974 c.37; sections 15, 43 and 80 were amended by the Employment Protection Act 1975 (c.71), Schedule 15, paragraphs 6, 12 and 19 respectively.

(b) 1875 c.17; section 97(5) was extended by the Emergency Laws (Miscellaneous Provisions) Act 1947 c.10 (11 and 12 Geo. 6) and the Visiting Forces and International Headquarters (Application of Law) Order 1965 (S.I. 1965/1536).

(c) S.I. 1979/571 and 1981/238.

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 1984 ( a);

"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 1981 ( b), 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 1983 ( c);

"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 1984 ( d) other 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) S.I. 1984/1244, amended by S.I. 1986/1922.

(b) S.I. 1981/1747, amended by S.I. 1986/1069.

(c) S.I. 1983/1140.

(d) S.I. 1984/1890.

(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-

(a) (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,

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...

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