Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991

Notice of entry of dangerous substances

6.—(1) Subject to paragraphs (4) and (5) and to regulation 9, a dangerous substance shall not be brought into 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 substance is 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 substance is 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 a dangerous substance 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 substance is 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 substance to the health and safety of any person and, in the case of a notice given by the master or agent of a vessel, shall in addition contain the following information—

(a) where the International Maritime Organisation recommends that the vessel should have a certificate of fitness, whether it has a current certificate of fitness;

(b) in the case of a vessel which is an oil tanker required to have valid cargo-ship safety construction and safety equipment certificates under a Safety of Life at Sea Convention whether it has such valid safety certificates.

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

(a) radioactive substance in a package which is exempt from the requirements of Part II of the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983(1) by virtue of regulation 19 of those Regulations;

(b) a dangerous substance 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;

(c) a dangerous substance in a pipeline; or

(d) a dangerous substance carried by a British or foreign warship.

(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.

(1)

S.R. 1983 No. 344