The Dangerous Goods in Harbour Areas Regulations 2016

PART 2 E+W+S ENTRY OF DANGEROUS GOODS INTO HARBOUR AREAS

Notice of entry of dangerous goods E+W+S

6.—(1) The master, agent or operator, as relevant, of any vessel or vehicle, or any other mode of transport, must before bringing any dangerous goods into the harbour area, give notice to—

(a) the harbour master of the harbour area;

(b) the berth operator where the goods are to be brought to a berth; and

(c) where relevant, the harbour master of any abutting or overlapping harbour area.

(2) The notice under paragraph (1) must be given not less than 24 hours and not more than 6 months before the dangerous goods are brought into the harbour area.

(3) Notwithstanding paragraph (2)—

(a) the harbour master may, if operational limitations make it necessary, direct that a period of more than 24 hours, but less than 14 days notice, be given;

(b) the harbour master, and where relevant the berth operator, may agree to accept less than 24 hours notice where either it is not reasonably practicable to give 24 hours notice or neither health nor safety risks are increased by a shorter period;

(c) the master of a vessel carrying dangerous goods which is under the control of the Secretary of State, or under the control of a visiting force or headquarters, must give notice to the harbour master before entry into the harbour area, and with respect to the carriage of explosives is required to confirm that—

(i) the quantity of explosives is within the limit of any condition to which entry into or the carrying or handling within the harbour area of explosives will be subject; or

(ii) the explosives are subject to a scheme authorised by the Secretary of State for safe storage, carriage and handling.

(4) Notice under this regulation is to be given in writing or such form as the harbour master may agree and contain sufficient information to assist a proper evaluation of the risk created by the goods to the health and safety of any person.

(5) Notice is not required under this regulation in respect of—

(a) dangerous goods, except where the dangerous goods are explosives, carried by a vessel which is to pass through the harbour area without unloading in that area, an overlapping area or an abutting harbour area;

(b) a radioactive substance that is exempt from the requirements of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009(1);

(c) a ferry operated entirely within Category A-D waters within the meaning of the Merchant Shipping (Categorisation of Waters) Regulations 1992(2);

(d) dangerous substances in a pipeline;

(e) dangerous goods carried by a foreign warship.

(6) A harbour master may exempt any person from the requirements of this regulation where such an exemption is necessary for securing the health and safety of any person, and any such exemption may be granted subject to conditions and time limits and may be revoked at any time.

(7) A harbour master granting or revoking an exemption under this regulation must keep a record of the exemption, including any conditions and time limits.

Commencement Information

I1 Reg. 6 in force at 1.10.2016, see reg. 1

Harbour master’s powers E+W+S

7.—(1) Subject to paragraphs (2) and (6), in addition to any powers granted under byelaws made under regulation 25, a harbour master may give directions as set out in paragraph (4) to—

(a) a person having control of dangerous goods;

(b) a person having control of a freight container, receptacle or portable tank containing dangerous goods;

(c) the operator of a vehicle carrying dangerous goods;

(d) the master of a vessel carrying dangerous goods.

(2) A harbour master may give directions to those persons in paragraph (1) if, taking into account all relevant circumstances, the condition of the dangerous goods, or their containers, or matters related to the dangerous goods create a risk to the health and safety of any person in, or in the vicinity of, the harbour area.

(3) For the purpose of securing the safety of any person, where the harbour master has given directions under paragraph (1), the Secretary of State may give directions to require that harbour master to give such other directions under this regulation as may be specified by the Secretary of State.

(4) Directions given under this regulation may—

(a) regulate or prohibit entry into;

(b) require the removal from;

(c) regulate the handling, movement or position within,

the harbour area of the dangerous goods, freight container, receptacle, vehicle, vessel, portable tank or other mode of transport.

(5) Where the harbour master intends to give a direction requiring the dangerous goods to be removed by land from the harbour area, the harbour master must consult any police force through whose area the dangerous goods are to be moved.

(6) A person to whom directions are given under this regulation must comply with those directions.

(7) Paragraph (1) does not apply to any vessel under the control of the Secretary of State or a visiting force or headquarters or to any dangerous goods, freight container, portable tank or receptacle carried by such vessel.

(8) A harbour master is not under any duty to examine the condition of any dangerous goods, freight container, portable tank, receptacle, vehicle or vessel as a result of this regulation.

Commencement Information

I2 Reg. 7 in force at 1.10.2016, see reg. 1

(1)

S.I. 2009/1348.

(2)

S.I. 1992/2356.