The Explosives in Harbour Areas Regulations (Northern Ireland) 1995

Notice of entry of explosives

4.—(1) into Subject to paragraphs (4) and (5), explosives shall not be brought a harbour or harbour area unless—

(a) in the case of a vessel, the master or agent, or

(b) in the case of any other mode of transport, the operator,

has given to the harbour master and, if the explosives are to be brought to a berth, to the berth operator, notice containing the particulars referred to in paragraph (3) not less than 24 hours, or such longer time in respect of both notices as the harbour master may for operational reasons require but which shall not exceed 14 days, before the explosives are brought in or, if it is not reasonably practicable to give 24 hours notice, such shorter time in respect of both notices as the harbour master and berth operator may together agree.

(2) Where a vessel carrying explosives is to enter a harbour area not to load or unload there but on the way to loading or unloading in an overlapping harbour area or in an abutting harbour area, then the notice required under paragraph (1) shall be given to the harbour master of that harbour area and to the harbour master and, if the explosives are to be brought to a berth, to the berth operator of that overlapping or abutting harbour area.

(3) Any notice required under paragraph (1) may be given up to six months in advance and shall be in writing or in such other form as the harbour master may agree and shall contain such information as is adequate to evaluate the risk created by the explosives to the health and safety of any person and, in the case of a notice given by the master or agent of a vessel, where the International Maritime Organisation recommends that the vessel should have a certificate of fitness, shall in addition state whether it has a current certificate of fitness.

(4) Notice need not be given under paragraph (1) in respect of—

(a) explosives carried by a vessel which is to pass through the harbour area and will not load or unload either in that harbour area or in an overlapping harbour area or in an abutting harbour area;

(b) explosives carried by a British or foreign warship; or

(c) without prejudice to sub-paragraph (b), explosives carried by any other vessel in the service of the Crown, where either—

(i) the master of the vessel has informed the harbour master that the quantity of explosives carried is within the limit of any conditions to which the entry into or the carrying or handling within the harbour or harbour area of explosives will be subject, or

(ii) those explosives are for use at sea and no handling of the explosives takes place while the vessel is in the harbour or harbour area.

(5) Where it appears to a harbour master necessary for securing the health or safety of any person, he may exempt any person from the prohibition in paragraph (1) in so far as it relates to the giving of notice to him or to a berth operator in his harbour or harbour area and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time.

(6) A harbour master granting or revoking an exemption shall make a record thereof as soon as is reasonably practicable thereafter including any conditions and limit of time attached thereto, and a copy shall be sent as soon as practicable to the Secretary of State and the Chief Constable but. in any event, before the exemption has effect.