The Explosives in Harbour Areas Regulations (Northern Ireland) 1995

Regulation 2(1)

SCHEDULE 1 THE CLASSIFICATION OF AND HAZARD WARNING SIGNS FOR EXPLOSIVES

PART I TABLE OF CHARACTERISTIC PROPERTIES, CLASSIFICATIONS AND HAZARD WARNING SIGNS

(1)	(2)	(3)
Characteristic properties of the substance	Classification	Hazard Warning Sign
Note Where explosives of more than one division are carried in a freight container or barge. the division with the lowest number should be shown on the hazard warning sign. When explosives of Division 1.5 and Division 1.2 are carried together in a freight container or barge, the hazard warning sign displayed on the freight container or barge should be that for Division 1.1.
An explosive substance, that is to say— (a) a solid or liquid substance, or (b) a mixture of solid or liquid substances or both, which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions; including one or more such substances contained in an article. (See Note)	Class I: Division 1.1, 1.2 or 1.3	(The Division number “1.2” and Compatibility Group letter “E” shown are only examples).
	Division 1.4	(The Compatibility Group letter “G” shown is only an example). For explosives of hazard (I classification code 1.4~, “1.4S” may appear in the upper half of the label ()I may be shown on its own without the orange label. The orange label may be: dispensed with for fireworks of Division I .d provided the word “FIREWORK” followed by the hazard classification code is shown.
	Division 1.5	(The Compatibility Group, letter “D” shown is only an example).
Explosive substances defined as above which have a predominant hazard appropriate to another class but which nevertheless present a significant hazard from explosion.	According to predominant hazard.	(The hazard warning sign shown above should appear on packages in addition to the hazard warning sign of the main classification).

PART II SPECIFICATION OF HAZARD WARNING SIGNS

1.  The hazard warning sign to be affixed to a freight container or receptacle shall be that shown in column 3 of Part 1 of this Schedule for the classification of the explosives shown in the corresponding entry in column 2 of that Part, and the signs shall conform in form to those shown in the said column 3, except that the sign may show the class number in accordance with the IMDG Code and in the case of classes 1 and 7 must show the Class number. The background colour of the signs shall be orange, pictographs, numbers, letters and lines shall be black.

2.  Each hazard warning sign shall be in the form of a square set with its sides at an angle of 45° to the vertical and the length of the sides shall be not less than 100 millimetres, except that, in the case of receptacles that are of such dimensions that they can only bear smaller signs, the sign should be as large as is reasonably practicable.

3.  Hazard warning signs to be affixed to a freight container or receptacle shall have a line of the same colour as the symbol, 5 millimetres inside the edge and running parallel to it. (The broken line which surrounds each sign delineates the edge of that sign and need not be shown.)

Regulations 9(1) and 15

SCHEDULE 2 LIST OF SPECIFIED EXPLOSIVES

The explosives referred to in regulations 9(1) and 15 are more than 10 kilograms of explosives in Division 1.1 or 250 kilograms in the aggregate of explosives in Division 1.2, 1.3 and 1.5. When explosives in Division 1.1 are carried simultaneously in the ship with explosives in Division 1.2, 1.3 or 1.5, the overall limit is 10 kilograms.

Regulation 9(1)

SCHEDULE 3 FLAG INDICATING THAT A VESSEL IS CARRYING EXPLOSIVES

PART I SHAPE AND COLOUR OF FLAG

1.  The shape of the flag shall be as shown in the diagram below.

2.  The flag shall be red in colour.

PART II MATERIAL AND SIZE OF FLAG ON VESSELS WITH A MAST

1.  The flag shall be made of fabric

2.  The side of the flag marked “a” on the diagram shown in Part I shall be not less than 75 centimetres in length and the sides of the flag marked “b” on the said diagram shall have equal lengths of not less than 90 centimetres.

PART III MATERIAL AND SIZE OF FLAG ON VESSELS WITHOUT A MAST

1.  The flag shall be made of metal.

2.  The side of the flag marked “a” on the diagram shown in Part I of this Schedule shall be not less than 45 centimetres in length and the sides of the flag marked “b” on the said diagram shall have equal lengths of not less than 54 centimetres.

Regulations 2(1) and 11

SCHEDULE 4 HAZARD WARNING PANELS

Form and colour of hazard warning panels

1.  Each hazard warning panel shall be in the form of the following diagram and shall be coloured orange, except for space (2) which shall have a white background. Pictographs, numbers: letters and lines shall be black.

2.  Any reference in paragraph 3 of this Schedule to a space number is a reference to the space so numbered in the diagram in paragraph 1.

Information about explosives on a barge

3.  The following information shall be shown on each hazard warning panel when a barge is carrying explosives—

(a) in space (1)—

(i) where only one type of explosive is being carried and that explosive is specified in the UN list, the identification number for that explosive, except that the chemical name, an accepted common name or the trade name of the explosive may also be included;

(ii) where only one explosive is being carried and that explosive is not specified in the UN list, the chemical name, an accepted common name or the trade name of the explosive;

(ii) where more than one type of explosive is being carried, the word “Multi-load”; and

(b) in space (2)—

(i) where only one type of explosive is being carried and that explosive is specified in the UN list, the hazard warning sign for the classification of that explosive;

(ii) where only one type of explosive is being carried and that explosive is not specified in the UN list, the hazard warning sign specified in column 3 of Part I of Schedule 1;

(iii) where more than one type of explosive is being carried and all of those explosives are of the same classification, the hazard warning sign for that classification specified in column 3 of Part I of Schedule 1;

(iv) where more than one type of explosive is being carried and all those explosives are not of the same classification, the hazard warning sign specified in the Note at the end of Part I of Schedule 1;

(c) in space (3), the telephone number at which or by means of which specialist advice can be obtained at all times when the explosive is being carried; and

(d) in space (4), the name of the manufacturer or owner of the explosive, his house symbol, or both, may be shown but otherwise the space shall be left blank.

Specification for hazard warning panels

4.  The specifications for hazard warning panels shall be those set out in the diagram below with dimensions in millimetres; larger measurements may be used but in that case they shall be kept in the same proportions to each other except that the lettering and figures may remain as shown in the diagram, or be of intermediate size. The diagonal lines in the top left may be thinner and may slope in the opposite direction.

Colour of hazard warning panels and labels

5.  Where in this Schedule parts of hazard warning panels are coloured orange that colour shall match the colour in the British Standard Specification BSS No. 381C (1980) No. 557 Light Orange.

Regulation 34(1)

SCHEDULE 5 PROVISIONS RELATING TO BYELAWS

1.  In this Schedule, “byelaws” means byelaws made by a statutory harbour authority for all or any of the purposes set out in regulation 34(1).

2.  Byelaws shall be made under the common seal of the statutory harbour authority and shall not have effect until they are confirmed by the Department of the Environment: Provided that a byelaw which prohibits or regulates the entry of explosives into a harbour area and which has been made after consultation with any berth operator who appears to the authority to be affected by the proposed byelaw, shall come into operation when application is made for its confirmation but such a byelaw shall cease to have effect if the Department of the Environment refuses to confirm it or, if it confirms it with modifications, shall thereafter have effect as so modified.

3.  At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the vicinity of the harbour area to which the byelaws are to apply.

4.  For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the statutory harbour authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

5.  The Department of the Environment may confirm, with or without modifications, or refuse to confirm, any byelaw submitted for confirmation, and subject to the proviso in paragraph 2 may fix the date on which the byelaw is to come into operation and subject as aforesaid if no date is fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation: Provided that, where the Department of the Environment proposes to confirm a byelaw with a modification which appears to it to be substantial, it shall inform the statutory harbour authority and require the harbour authority to take any steps it considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaw until such period has elapsed as it thinks reasonable for consideration of, and comment upon, the proposed modification by the statutory harbour authority and by other persons who have been informed of the modification.

6.  The Department of the Environment shall not under the foregoing provisions confirm, whether or not with modifications, or refuse to confirm a byelaw except after consultation with the Secretary of State.

7.  A copy of the byelaws, when confirmed, shall be printed and shall be deposited at the offices of the statutory harbour authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

Regulations 7(1) and 8(1)

SCHEDULE 6 PROCEDURE FOR EXPLOSIVES LICENCE APPLICATIONS

1.  An application for an explosives licence or for any alteration of the terms of an existing licence shall be made in writing to the Secretary of State and shall be accompanied by such information and plans as the Secretary of State may require.

2.  On receipt of an application, the Secretary of State may prepare a draft licence and in such a case he may require the applicant to publish, in a form approved by the Secretary of State, a notice giving such details of the draft licence as the Secretary of State may require.

3.  A notice published pursuant to paragraph 2 shall state that any comments or objections on the application must be sent to the Secretary of State within one month of the publication of the notice.

4.  Within the time for comment or objection the applicant shall give to any interested person such additional information about the application as the Secretary of State may determine.

5.  After the time for comment or objection has passed the Secretary of State may amend the draft licence and, if he does so, may require the applicant to publish a further notice in accordance with paragraphs 2 and 3.

6.  Where the applicant for a licence or amending licence is a berth operator and not the harbour authority. he shall send a copy of the application to the harbour authority.