The Dangerous Goods in Harbour Areas Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modernise the control of carriage and the handling of dangerous goods in harbour areas in England, Scotland and Wales and replace the Dangerous Substances in Harbour Areas Regulations 1987. The Regulations are divided into 6 parts.

Part 1 (Interpretation and application – regulations 1-6) E+W+S

In addition to defining the terms used (regulations 2-4), the Regulations are applied to harbour areas in Great Britain and to those parts of harbour areas which are within the territorial waters adjacent to Great Britain (regulation 5).

Part 2 (Entry of dangerous goods into harbour areas – regulations 6-7) E+W+S

A person who intends to bring dangerous goods into a harbour area, either from inland or from the sea, is required to give the harbour master advance notice (regulation 6). The harbour master is empowered to prohibit, require the removal of, or regulate the handling, movement or position of the dangerous goods the harbour area if it appears that the condition of the goods, their container or of the vehicle or vessel carrying the goods, is such as to create risk to health or safety (regulation 7).

Part 3 (Marking of vessels – regulations 8-9) E+W+S

Vessels carrying certain dangerous goods, specified in Schedule 1, are required to show a red flag during the day and, when moored or anchored, a red light at night (regulation 8). The flag specifications are set out in Schedule 2.

Part 4 (Emergency and untoward incidents – regulations 10-13) E+W+S

These regulations require each harbour authority to prepare an emergency plan for dealing with emergencies involving dangerous goods (regulation 10). Berth operators are also required to take safety precautions when dangerous goods are being handled or carried at the berth (regulation 11). Duties are imposed on masters of vessels and berth operators to notify any untoward incident involving dangerous goods which might create a risk to the health and safety of any person or a risk to the safety of the vessel (regulation 12). Regulation 13 requires berth operators, or where that is not reasonably practicable, harbour authorities, to designate suitable parking areas for road vehicles carrying dangerous goods.

Part 5 (Explosives – regulations 14-24) E+W+S

The regulations in this Part prohibit (regulation 14), with exceptions, explosives from being brought into or handled in the harbour area unless such activities are covered by an explosives licence (regulation 15) granted by the Health and Safety Executive, or where relevant the Office for Nuclear Regulation. An explosives licence is also required for the loading on board or unloading from a vessel of explosives when this occurs on any part of the coast or in the tidal waters of Great Britain or within the territorial waters adjacent to Great Britain.

The procedure for application (regulations 16-19) and grant of explosives licences is set out in Schedule 3.

The regulations also impose requirements relating to security, safety and record keeping in relation to explosives (regulations 20-24).

Part 6 (Miscellaneous and general – regulations 25-35) E+W+S

These regulations empower harbour authorities to make byelaws relating to dangerous goods (regulation 25). The procedure for making byelaws requires the consent of the Secretary of State and is set out in Schedule 4.

The regulations provide that the harbour authority is responsible for enforcing regulations 6, 7, 8, 9, 13(3) and 21 which relate to operations within the harbour area. The Health and Safety Executive, or where relevant the Office for Nuclear Regulation, is responsible for enforcing the remaining regulations (regulation 26).

In order to avoid the commission of an offence under the Regulations or the byelaws made under them, they provide for a defence of due diligence (regulation 27). Exemptions may be granted by the Secretary of State or the Health and Safety Executive (regulation 28).

The regulations continue in effect emergency plans prepared, exemptions and explosives licences granted and byelaws made under the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 29-32).

These Regulations revoke the Dangerous Substances in Harbour Areas Regulations 1987 (regulation 33) and make consequential amendments in Schedule 5 (regulation 34).

Regulation 35 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and every five years after that. Any changes made as a result of the review would require a further instrument.

A full impact assessment of the effect that this instrument will have on the costs of business, charities, the voluntary sector and the public is available from the website www.legislation.gov.uk and a copy has been placed in the Library of each House of Parliament.