In paragraph 1—

• “UN List” means the version of the UN list referred to in Chapter 3.2 of the IMDG Code as updated from time to time.

An application for an explosives licence, or for the transfer, renewal or variation of an existing licence is to be made in writing to the appropriate authority and is to be accompanied by such information and plans as that authority may require.

On receipt of an application, the appropriate authority must prepare a draft licence and require the applicant to publish, in an approved form, a notice giving such details of the draft licence as the appropriate authority may require.

A notice published in accordance with paragraph 2 is to state that any responses to the application are to be sent to the appropriate authority within one month of the publication of the notice.

Within the time for responses the applicant must provide any interested person with such information about the application as the appropriate authority may determine.

After the time for responses has passed the appropriate authority may amend the draft licence and must require the applicant to publish a further notice in accordance with paragraphs 2 and 3 unless the effects of the changes are minimal.

An applicant for a licence who is a berth operator must send a copy of the licence to the harbour authority.

In respect of a transfer or a variation of the terms of an existing licence the requirements as to publication and consultation in paragraphs 2 and 3 do not apply where the appropriate authority is satisfied that the changes affect only the title or where the effects are minimal.

In this Schedule, “byelaws” means byelaws made by a statutory harbour authority for all or any of the purposes set out in regulation 25(1).

Byelaws are to be made under the common seal of the statutory harbour authority.

Byelaws will not have effect until they are confirmed by the Secretary of State.

However, where a byelaw which prohibits or regulates the entry of dangerous goods into a harbour area has been made after consultation with any berth operator who will be affected by the proposed byelaw, it will come into force when application is made for its confirmation; where the Secretary of State refuses such confirmation the byelaw will cease to have effect or, if confirmed with modifications, it will have effect as modified.

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

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

The Secretary of State may confirm, with or without modifications, or refuse to confirm, any byelaw submitted for confirmation, and subject to paragraph 2 above may fix the date on which the byelaw is to come into operation. If no date is fixed the byelaw shall come into operation one month from the date of its confirmation.

Where the Secretary of State proposes to confirm a byelaw with a modification which appears to the Secretary of State to be substantial, the Secretary of State must inform the statutory harbour authority and require it to take any steps the Secretary of State considers necessary for informing persons likely to be concerned with the modification. The Secretary of State must not confirm the byelaw until a 28 day period for consultation with informed persons and with the statutory harbour authority has passed.

The Secretary of State must consult the Health and Safety Executive, or where appropriate the Office for Nuclear Regulation, before confirming any byelaws.

A copy of the byelaws, when confirmed, is to be printed and deposited at the offices of the statutory harbour authority that made the byelaws and is to be open to public inspection without payment at all reasonable times.

In the Dangerous Substances (Notification and Marking of Sites) Regulations 199021, in paragraph 2(d) of Schedule 1 (Exceptions), for “regulation 27 of the Dangerous Substances in Harbour Areas Regulations 1987” substitute “regulation 11 of the Dangerous Goods in Harbour Areas Regulations 2016”.

In the Railways (Class and Miscellaneous Exemptions) Order 199422 in paragraph 2(1) (Interpretation) for the definition of “harbour” and “harbour area” substitute—

In the Special Waste Regulations 199623 in the definition of “harbour area” in regulation 1(4) for “Dangerous Substances in Harbour Areas Regulations 1987” substitute “Dangerous Goods in Harbour Areas Regulations 2016”;

In the Railway Safety (Miscellaneous Provisions) Regulations 199724, in regulation (2)(1) (Interpretation) for the definition of “harbour” and “harbour area”” substitute—

In the Hazardous Waste (England and Wales) Regulations 200526 in regulation 5 (General Interpretation) for the definition of “harbour area” substitute the following definition—

In the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 200930, in regulation 7 (Additional security requirements for carriage by road), for paragraph (5)(a)(ii) substitute—

In the Waste Management Licensing (Scotland) Regulations 201131, in Schedule 1 (Activities Exempt from Waste Management Licensing), paragraph 36(4), for “Dangerous Substances in Harbour Areas Regulations 1987” substitute “Dangerous Goods in Harbour Areas Regulations 2016”.