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PART IINTERPRETATION AND APPLICATION

Citation and commencement

1.  These Regulations may be cited as the Explosives in Harbour Areas Regulations (Northern Ireland) 1995 and shall come into operation on 17th April 1995.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

(2) Any reference in these Regulations to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance therein contained.

Application

3.—(1) These Regulations shall apply, in every harbour and harbour area in Northern Ireland and to any premises or activities in any part of a harbour area in the territorial waters adjacent to Northern Ireland.

(2) Subject to paragraph 3(3) regulations 6 to 8 shall in addition to their application in every harbour and harbour area apply to the loading on board or unloading from a vessel (other than a vessel which is an offshore installation within the meaning of section 1(4) of the Mineral Workings (Offshore Installations) Act 1971(6) of any explosive on any part of the coast or in any tidal water.

(3) Regulations 6 to 8 shall not apply in relation to—

(a)explosives—

(i)in Division 1.4; or

(ii)in any other division (extent explosives in Compatibility Group L), where the total quantity of explosive involved does no't exceed 10 kilograms;

(b)the unloading at sea of explosives that are to be used immediately by a vessel at sea;

(c)the unloading at sea of explosives to be dumped at sea in accordance with the terms of a licence granted under Part II of the Food and Environment Protection Act 1985(7) or, in the case of a military explosive, with the consent of the Secretary of State;

(d)explosives of less than one tonne in quantity intended for immediate use in connection with harbour works or for wreck dispersal in the harbour or harbour area, if—

(i)the consent in writing of the harbour master has been obtained, and

(ii)the explosives are carried and used in accordance with any conditions attached to that consent;

(e)a berth which forms part of a factory or magazine either licensed under the Explosives Act 1875 or lawfully existing whether under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations (Northern Ireland) 1875(8);

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

(g)without prejudice to sub-paragraph (f), explosives carried by any other vessel in the service of the Crown, where 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;

(h)explosives within the limits of any dockyard port defined by an Order in Council made under the Dockyard Ports Regulation Act 1865(9).

(4) The duties imposed by regulations 16, 17(1) and 18 shall not extend to—

(a)the master or crew of a sea-going ship; or

(b)the employer of such persons,

in relation to the normal shipboard activities of a ship’s crew under the direction of the master.

(5) These Regulations shall not prejudice any action of Her Majesty’s Commissioners of Customs and Excise or any requirement for approval of, authority from, clearance by or notification to, Her Majesty’s Commissioners of Customs and Excise or the necessity to comply with any order or conditions imposed by Her Majesty’s Commissioners of Customs and Excise.

(6)

1971 c. 61; section 1 was substituted by section 24 of the Oil and Gas Enterprise Act 1982 (c. 23)