The Dangerous Substances in Harbour Areas Regulations 1987

Application of this Part

33.—(1) Subject to paragraph (2), regulations 34 to 36 shall, in addition to their application in every harbour and harbour area under regulation 5, apply to–

(a) 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(1)) of any explosive on any part of the coast of Great Britain or in any tidal water; and

(b) the loading on board or unloading from a vessel of any explosive within territorial waters to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 are applied by article 7 of the Health and Safety and Work etc. Act 1974 (Application outside Great Britain) Order 1977.

(2) Regulations 34 to 36 shall not apply in relation to–

(a) explosives–

(i) in Division 1.4; or

(ii) in any other division (exept explosives in Compatibility Group L), where the total quantity of explosive involved does not exceed 10 kilograms;

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

(c) 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(2) or, in the case of a military explosive, with the consent of the Secretary of State;

(d) explosive of less than 1 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 1979(3);

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

(g) without prejudice to sub-paragraph (f) above, 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(4) or within the limits of the Marchwood berth and anchorage at Southampton.

(1)

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

(2)

1985 c. 48.

(3)

S.I. 1979/1378.

(4)

1865 c. 125.