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The Dangerous Substances in Harbour Areas Regulations 1987

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PART VLIQUID DANGEROUS SUBSTANCES IN BULK

Fitness of vessels

19.—(1) The master of a vessel to which any of the Codes mentioned in paragraph (2) applies shall not carry, load or unload any liquid dangerous substance in bulk in a harbour or harbour area unless either–

(a)the vessel has a valid certificate of fitness for the carriage of the substance in bulk issued under the terms of whichever is appropriate of those Codes issued under the authority of the government of the country of registration of the vessel and he complies with any conditions of carriage laid down in that certificate; or

(b)the harbour master has given his permission in writing.

(2) The Codes referred to in paragraph (1)(a) are the following–

(a)“Bulk Chemical Code” namely, the IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(b)“Gas Carrier Code” namely, the IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

(c)“Gas Carrier Code for Existing Ships” namely, the IMO Code for Existing Ships Carrying Liquefied Gases in Bulk;

(d)“International Bulk Chemical Code” namely, the IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk; and

(e)“International Gas Carrier Code” namely, the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk,

all published by the International Maritime Organisation (formerly the Inter-Governmental Maritime Consultative Organisation).

(3) The operator of a vessel which is a barge shall ensure that the barge does not carry, load or unload any liquid dangerous substance in bulk in a harbour or harbour area unless either–

(a)the barge–

(i)has been approved for the carriage of the substance in question by a recognised classification society, a naval architect or some other person who, by reason of his qualifications, training and experience is competent to do so; and

(ii)complies with any conditions imposed by the harbour authority;

or

(b)the harbour master has given his permission in writing.

Permission for transfer between vessels

20.  The master of a vessel carrying a liquid dangerous substance in bulk shall not cause or permit that substance to be transferred by pipeline to another vessel unless the harbour master and, where the vessel is at a berth, the berth operator have given permission in writing for that transfer to take place.

Safety precautions for loading, unloading or transfer

21.—(1) The operator of any berth where any liquid dangerous substance is loaded or unloaded in bulk shall, after consultation with the harbour authority, prepare a list showing the main safety precautions to be taken before and during such loading or unloading but this duty shall not extend to any transfer to which paragraph (4) applies.

(2) The master of the vessel and the operator of the berth where any liquid dangerous substance is loaded or unloaded in bulk shall ensure that the safety precautions in the list referred to in paragraph (1) are carried out.

(3) The loading or unloading of any liquid dangerous substance in bulk shall not begin unless the master of the vessel or a person designated by him and the berth operator or a person designated by him (who shall not be the same person as the person designated by the master) have both signed two copies of the list referred to in paragraph (1) to confirm that the relevant precautions set out on the list have been or, in the case of those which are to continue during loading or unloading, are being taken and each shall keep one of those copies available for inspection throughout the loading or unloading.

(4) A liquid dangerous substance shall not be transferred by pipeline between two vessels unless the masters of those vessels have–

(a)consulted each other on the appropriate safety precautions to be taken;

(b)prepared a list showing the main safety precautions to be taken before and during the transfer; and

(c)both signed two copies of that list to confirm that the relevant precautions set out therein have been or, in the case of those which are to continue during the transfer, are being taken.

(5) The master of each vessel involved in the transfer referred to in paragraph (4) shall–

(a)carry out the appropriate safety precautions in the list referred to in paragraph (4)(b); and

(b)keep one signed copy of that list available for inspection throughout the transfer.

(6) The berth operator shall ensure, so far as is reasonably practicable, that at all times when a vessel loading, carrying or unloading a liquid dangerous substance in bulk is at the berth, means of giving an effective warning of an emergency to people in the vicinity are installed at the berth.

Certain operations on vessels forbidden without prior permission

22.—(1) The master of any vessel carrying or which has recently carried a liquid dangerous substance in bulk shall ensure that none of the following operations are commenced–

(a)the discharge from the vessel’s tanks of ballast or slops contaminated with any dangerous substance;

(b)the cleaning or ventilation of any tank which was last used to carry a dangerous substance; or

(c)the pumping overside of bilges contaminated with any dangerous substance,

unless the conditions specified in paragraph (3) have been complied with.

(2) The master of any vessel carrying or which has recently carried any flammable liquid in bulk shall ensure that none of the following operations is commenced–

(a)the gas freeing of any tank which was last used to carry the substance;

(b)the cleaning of any such tank with water, steam, detergents or other chemicals;

(c)the purging of any such tank with an inert gas; or

(d)the washing of a tank with crude oil during unloading,

unless the conditions specified in paragraph (3) have been complied with.

(3) The conditions referred to in paragraphs (1) and (2) are as follows–

(a)where the vessel is at a berth–

(i)the berth operator has given his permission, and

(ii)the harbour master has given his permission (which may relate to any or all of the following, namely, named vessels, named berths or specified operations), or has been notified and has not objected on grounds of safety; or

(b)where the vessel is not at a berth, the harbour master has given his permission.

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