HEALTH AND SAFETY PART I INTERPRETATION AND APPLICATION Citation and commencement 1 These Regulations may be cited as the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 and shall come into operation on 1st June 1992. Interpretation 2 1 In these Regulations— “approved list” means the list described in regulation 4 of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 ; “barge” includes any lighter or similar vessel whether self-propelled or not; “berth” means any dock, pier, jetty, quay, wharf or similar structure (whether floating or not) or buoy berth in each case within a harbour or harbour area, at which a vessel may tie up, and— includes any plant or premises, other than a vessel. used for purposes ancillary or incidental to the loading or unloading of a dangerous substance within the curtilage of that berth, but does not include a monobuoy or in regulations 18,2 l(6) and 27(1) any other buoy berth; “classification” where the reference is to the classification of a dangerous substance means either— the classification for the purposes of— the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 , or the Classification, f Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 in relation to substances which are dangerous for conveyance within the meaning of those Regulations; or the classification specified in column 2 of Part I of Schedule 1 corresponding to the most hazardous of the characteristic properties of that substance specified in column 1 of that Part; “consignor” means the original consignor; “dangerous substance” means a substance or article described in regulation 3; “the Department” means the Department of Economic Development; “dumb craft” means a vessel not possessing mechanical means of propulsion and includes a dumb barge and a dracone; “freight container” means a container as defined in Article 1 of the International Convention for Safe Containers (CSC) other than— a container specially designed for air transport or a skip or cage used in a mine or quarry; or a container within the definition of “portable tank” in these Regulations; “handling” in relation to a dangerous substance includes the operations of loading, unloading and transferring that substance and cleaning, purging, gas-freeing and ballasting any tank on a vessel which contains a dangerous substance or its vapour; “harbour” means any harbour, whether natural or artificial. and any port, haven, estuary, tidal or other river, canal or inland navigation waterway navigated by sea-going vessels, in each case outside a harbour area, and includes— a dock, wharf or other works in or at which vessels can obtain shelter, or ship and unship goods or passengers; harbour land, being land adjacent to a harbour as defined above and occupied wholly or mainly for the purposes of activities carried on within the harbour; a monobuoy connected to one or more storage facilities in a harbour as defined above and its monobuoy area; “harbour area” means— all areas of water within the statutory jurisdiction of a statutory harbour authority, other than the areas of water referred to in sub-paragraph (b), any berth, abutting any of the areas of water falling, within head (i), where the loading or unloading of any dangerous substance takes place (whether or not that berth is for other purposes under the statutory jurisdiction of the harbour authority), any land, within the statutory jurisdiction of a statutory harbour authority or occupied by a statutory harbour authority, used in connection with the loading or unloading of vessels, a monobuoy connected to one or more storage facilities in a harbour area as defined above and its monobuoy area. but excluding— areas of water which are within the statutory jurisdiction of another statutory harbour authority where those areas of water are used primarily by vessels using berths or land within the harbour area of that other statutory harbour authority (for the purpose of these Regulations the harbour area of that other statutory harbour authority is known as “an overlapping harbour area”); “harbour authority” means— in relation to a harbour area, the statutory harbour authority by reference to which that harbour area is defined, in relation to a harbour, any person being, or claiming to be— the proprietor of that harbour, or entrusted with the duty, or invested with the duty, or invested with the power of improving, managing, maintaining or regulating that harbour; “harbour craft” means a self-propelled craft which is used wholly or mainly within a harbour or harbour area or within such places and on adjoining inland waterways; “harbour master” means the harbour master, dock master or other officer duly appointed by the harbour authority to act in such capacity or any person having authority so to act; “hazard warning panel” means the panel required by regulation 11 and specified in Schedule 5; “hazard warning sign” means in relation to a dangerous substance, the hazard warning sign specified and coloured as in column 3 of Part I of Schedule 1 for the classification of the substance specified in the corresponding entry in column 2 of that Part and which is further described in Part II of that Schedule; “the IMDG Code” has the same meaning as in regulation l(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990; “liquid” includes liquefied gas except in Schedule 1; “loading” and “unloading” in relation to a dangerous substance means the actual operations of loading and unloading a vessel and includes any acts of ullaging, sounding or sampling carried out in connection with such operations and the handling of substances ancillary to such operations; “master” includes any person, other than a pilot, having charge of a vessel; “monobuoy” means a mooring buoy at which a dangerous substance may be loaded onto or unloaded from a vessel and which is connected to one or more storage facilities in a harbour or harbour area and includes the pipeline or pipelines by which it is so connected; “monobuoy area” means the area of water surrounding a monobuoy where loading or unloading of dangerous substances takes place but does not extend to the area of water surrounding the pipeline or pipelines connected to it; “operator” shall be construed in accordance with regulation 4; “petroleum-spirit” means petroleum-spirit within the meaning of section 23 of the Petroleum (Consolidation) Act (Northern Ireland), 1929 ; “portable tank” means— a portable tank with a capacity of 450 litres or more, and a tank container and the carrying tank of a road tanker both as defined in the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1988 ; “receptacle” includes any form of packaging used for the transport of a dangerous substance, but does not include a freight container, a portable tank or a vehicle; “statutory harbour authority” means a “harbour authority” within the meaning of section 38 of the Harbours Act (Northern Ireland) 1970 , except that a person shall not be a statutory harbour authority for the purposes of these Regulations in respect of a harbour area which is inside the harbour area of another statutory harbour authority and which is used wholly or mainly for vessels bringing or receiving goods of either or both of the following descriptions, that is to say goods which have been manufactured or produced by that person or which are to be used by that person for the manufacture or production of goods or electricity. and for this purpose there shall be treated as carried on by a company the activities of manufacture or production carried on by— a holding company or subsidiary of that company, the members of a consortium who between them own, directly or indirectly, more than half the issued share capital of that company; “storage tank” means a fixed tank designed for the storage of substances in bulk; “tank barge” means a barge constructed or adapted to carry liquids in bulk; “towing” includes the propulsion of a dumb craft by pushing; “UN list” means Chapter 2 of the Recommendations prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods; “vessel” means every description of vessel, however propelled or moved, and includes a hovercraft, a hydrofoil vessel, anything constructed or adapted to carry persons or goods by water and a flying boat or seaplane on or in the water. 2 Where in these Regulations a duty is imposed upon the master of a vessel, then, in relation to a dumb craft. that duty shall be imposed— a while dumb craft is being towed, upon the master of the towing vessel; b at any other time, upon the operator of the dumb craft. 3 For the purpose of these Regulations a substance is— a carried by, loaded into or unloaded from a vessel in bulk if it is. without any intermediate form of containment, carried in, loaded into or unloaded from the vessel’s hold, tank or cargo space, which is a structural part of or permanently attached to the vessel; b stored in bulk if it is stored without any intermediate form of containment in a storage tank. 4 Unless the context otherwise requires, any reference in these Regulations to any specified document shall operate as a reference to that document as revised or re-issued from time to time. Meaning of “dangerous substance” 3 1 Subject to paragraphs (2) and (3), “dangerous substance” means any substance (including any preparation or other mixture) which by reason of its characteristic properties, being properties specified in column 1 of Part I of Schedule 1, creates a risk to the health or safety of any person when the substance is in a harbour or harbour area and includes, whether or not it would otherwise be a dangerous substance, any substance or article which is within the definition of “dangerous goods” in regulation l(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990; except that nothing in those Regulations shall be construed as defining a marine pollutant in Class 9 of the IMDG Code under UN number 3077 or 3082 or any substance otherwise included in Class 9 of the IMDG Code solely! by reason of its being a marine pollutant. as a dangerous substance for the purpose of these Regulations. 2 Nothing in paragraph (1) shall require a substance or article which is brought into a harbour or harbour area from inland and which is not or is not to be loaded onto a vessel as cargo, to be defined as a dangerous substance to which these Regulations apply, unless either— a it has characteristic properties, being properties specified in column 1 of Part I of Schedule 1, which create a risk to the health or safety of any person when the substance is in the harbour or harbour area; or b it is “dangerous for conveyance” within the meaning of sub-paragraph (b) in the definition of “dangerous substance” in regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern 'Ireland) 1985 as extended by regulation 3(5) of those Regulations. 3 The following are not dangerous substances within the meaning of these regulations— a a substance which is intended for use as food within the meaning of Article 2(2) of the Food Safety (Northern Ireland) Order 1991 and which, if it is intended for use as an additive within the meaning of the Food Labelling Regulations (Northern Ireland) 1984 , is intended to be supplied to the public; b a substance which is intended for use as an animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970 ; c a substance which is intended for use as a cosmetic product within the meaning of regulation 4(1) of the Cosmetic Products (Safety) Regulations 1984 (including any aerosol containing a cosmetic product); d a substance which is intended for use as— i a medicinal product as defined in section 130 of the Medicines Act 1968 , or ii a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such provisions have effect in relation to medicinal products within the meaning of that Act; e a substance which is a controlled drug within the meaning of the Misuse of Drugs Act 1971 and which is not excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by Regulations made under section 7(1)(a) of the Act; f a substance which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any statutory provision. 4 Substances and articles. including those mentioned in Schedule 2 and similar substances and articles which, when assembled in large mass. are liable to spontaneous oxidative heating over a long period of time shall not be treated as dangerous substances of Class 4.2 (spontaneously combustible substances) for the purposes of these Regulations. 5 For the purposes of these Regulations vessels which have carried a liquid dangerous substance in bulk and portable tanks which have contained a liquid dangerous substance shall be deemed to be still carrying or containing that dangerous substance, as the case may be, until in the case of a vessel it has been gas-freed, inerted or cleaned and in the case of a portable tank it has been purged or cleaned, so that any of the substance or its vapour that remains is not sufficient to create a risk to the health or safety of any person. Meaning of “operator” 4 1 “Operator” means in relation to a road vehicle— a any person who is required to hold a road freight vehicle licence under section 17(2) of the Transport Act (Northern Ireland) 1967 other than a person described in sub-section (1)(6) or (c) of that section; or b where no such licence is required. the keeper of the vehicle, 2 “Operator” means in relation to any other mode of transport and in relation to a berth or a storage tank, the person who has for the time being day-to-day control of its running. 3 “Operator” means in relation to a portable tank (other than the carrying tank of a road tanker) which is being conveyed by road, either— a the owner of the tank or his agent. if that person— i has a place of business in Northern Ireland; and ii is identified as the owner of or, as the case may be, as the agent of the owner of the tank on the portable tank itself or on a document carried on the vehicle; or b if no person satisfies the requirements set out in sub-paragraph (a), the operator of the vehicle on which the portable tank is carried. 4 For the purpose of paragraph (3). a person to whom a portable tank is leased or hired shall be treated as the owner of that portable tank. Application of these Regulations 5 1 These Regulations shall apply in every harbour and harbour area in Northern Ireland and to any premises or activities in any part of a harbour area in the territorial waters adjacent to Northern Ireland. 2 These Regulations shall apply to or in relation to any dangerous substance except to— a petroleum-spirit, intended for use as a fuel for any internal combustion engine and not wholly or partly for the purpose of sale, in a receptacle which conforms to the requirements of either— i the Petroleum-spirit (Motor Vehicles, &c.) Regulations (Northern Ireland), 1930 , or ii the Petroleum-Spirit (Plastic Containers) Regulations (Northern Ireland) 1983 , and which does not exceed the quantity specified in those Regulations; b a dangerous substance used solely in connection with the operation of a vessel of less than 50 tons gross tonnage or a vehicle and carried in— i a tank forming part of or attached to that vehicle or vessel, ii the fuel tank of an outboard motor or in a battery, or iii fuel pipes associated with any of the above; c a dangerous substance when carried— i by a vessel as part of the stores of that vessel, ii by a vehicle or vessel or in a freight container as part of the equipment of that vehicle, vessel or freight container or for safety purposes, iii by a vessel as a result of the use of a fumigant; d a small quantity of a dangerous substance for the personal use of any person within the harbour or harbour area; e a dangerous substance which— i passes through a harbour or harbour area by land to or from a storage facility or a factory within the meaning of section 175, excluding sub-section (2)(n), of the Factories Act (Northern Ireland) 1965 whether within or adjacent to the harbour or harbour area, ii is stored on land, or iii is within a factory as defined above, other than a dangerous substance which is to be, or which has been, loaded on board or unloaded from a vessel within the harbour or harbour area or which is used ancillary to such loading or unloading; f a dangerous substance, when carried by a harbour craft in the course of harbour engineering operations; g a nuclear explosive device or any component thereof; h a substance to which the Explosives Acts (Northern Ireland) 1875 to 1970 or the Explosives (Northern Ireland) Order 1972 applies. 3 Only regulation 16 shall apply to or in relation to a liquid petroleum fuel, other than petroleum-spirit, which is carried in a tank (and associated fuel pipes) which forms part of or is attached to, and which is used solely in connection with the operation of, a vessel. 4 The duties imposed by regulations 16, 17(1) and 18 shall not extend to— a the master or crew of a sea-going ship; or b the employer of such persons, in relation to the normal ship board activities of a ship’s crew under the direction of the master. 5 These Regulations shall not prejudice— a any action of Her Majesty’s Commissioners of Customs and Excise or any requirement for approval of, authority from, clearance by or notification to, Her Majesty’s Commissioners of Customs and Excise or the necessity to comply with any order or conditions imposed by Her Majesty’s Commissioners of Customs and Excise; b any action duly taken by a person in pursuance of a direction given to him under section 12 of the Prevention of Oil Pollution Act 1971 , or any action taken under subsection (4) or (5) of that section. PART II ENTRY OF DANGEROUS SUBSTANCES INTO HARBOUR AREAS Notice of entry of dangerous substances 6 1 Subject to paragraphs (4) and (5) and to regulation 9, a dangerous substance shall not be brought into a harbour or harbour area unless— a in the case of a vessel, the master or agent; or b in the case of any other mode of transport, the operator, has given to the harbour master and, if the substance is to be brought to a berth, to the berth operator, notice containing the particulars referred to in paragraph (3) not less than 24 hours, or such longer time in respect of both notices as the harbour master may for operational reasons require but which shall not exceed 14 days, before the substance is brought in or, if it is not reasonably practicable to give 24 hours notice, such shorter time in respect of both notices as the harbour master and berth operator may together agree. 2 Where a vessel carrying a dangerous substance is to enter a harbour area not to load or unload there but on the way to loading or unloading in an overlapping harbour area or in an abutting harbour area then the notice required under paragraph (1) shall be given to the harbour master of that harbour area and to the harbour master and, if the substance is to be brought to a berth, to the berth operator of that overlapping or abutting harbour area. 3 Any notice required under paragraph (1) may be given up to six months in advance and shall be in writing or in such other form as the harbour master may agree and shall contain such information as is adequate to evaluate the risk created by the substance to the health and safety of any person and, in the case of a notice given by the master or agent of a vessel, shall in addition contain the following information— a where the International Maritime Organisation recommends that the vessel should have a certificate of fitness, whether it has a current certificate of fitness; b in the case of a vessel which is an oil tanker required to have valid cargo-ship safety construction and safety equipment certificates under a Safety of Life at Sea Convention whether it has such valid safety certificates. 4 Notice need not be given under paragraph (1) in respect of— a radioactive substance in a package which is exempt from the requirements of Part II of the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983 by virtue of regulation 19 of those Regulations; b a dangerous substance carried by a vessel which is to pass through the harbour area and will not load or unload either in that harbour area or in an overlapping harbour area or in an abutting harbour area; c a dangerous substance in a pipeline; or d a dangerous substance carried by a British or foreign warship. 5 Where it appears to a harbour master necessary for securing the health or safety of any person, he may exempt any person from the prohibition in paragraph (1) in so far as it relates to the giving of notice to him or to a berth operator in his harbour or harbour area and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time. 6 A harbour master ,granting or revoking an exemption shall make a record thereof as soon as is reasonably practicable thereafter including any conditions and limit of time attached thereto. Harbour master’s powers of prohibition, removal and regulation relating to dangerous substances 7 1 Subject to paragraph (8) and without prejudice to any powers that may' be given to him by bye-laws made under regulation 33, a harbour master may if in his opinion the condition of any dangerous substance is such as to create a risk to the health or safety of any person and having regard to the matters set out in paragraph (3) give directions as set out in paragraph (5) to the person having control of that substance or of any freight container, portable tank or receptacle containing that substance or of any vehicle or vessel carrying that substance. 2 Subject to paragraph (8) and without prejudice to any powers that may be given to him by bye-laws made under regulation 33, a harbour master may if in his opinion the condition of— a any freight container, portable tank or receptacle containing a dangerous substance; b any vehicle or vessel carrying a dangerous substance, is such as to create a risk to the health or safety of any person from that substance and having regard to the matters set out in paragraph (3) give directions as set out m paragraph (5) to the person having control of that freight container, portable tank, receptacle, vehicle or vessel or of any dangerous substance contained or carried therein. 3 In determining whether to give any directions under paragraph (1) or (2) in any particular case, a harbour master shall have regard to all the circumstances of that case and, in particular, he shall have regard to the safety of any person, whether that person is within or outside the harbour or harbour area. 4 a Where a harbour master has given directions under paragraph (1) or (2) or both, the Department may, for the purposes of securing the safety of any person, give directions to that harbour master requiring him to give such other directions under this paragraph as may be specified by the Department. b The directions given by the harbour master under this paragraph shall be given to such person having control of a dangerous substance or of a freight container, portable tank or receptacle containing a dangerous substance or of a vehicle or vessel carrying a dangerous substance as may be specified by the Department and shall concern such of the matters set out in paragraph (5) as may be specified by the Department and when given shall cause the directions originally given by the harbour master under paragraph (1) or (2) or both to cease to have effect. 5 The directions referred to in paragraphs (1), (2) and (4) may— a regulate or prohibit the entry into; b require the removal from; c regulate the handling, movement or position within; the harbour or harbour area of that substance, freight container, portable tank, receptacle, vehicle or vessel. 6 Where the harbour master intends to give a direction requiring a dangerous substance to be removed by land from the harbour or harbour area, he shall, before giving the direction, consult the Chief Constable of the Royal Ulster Constabulary. 7 A person to whom directions are given under this regulation shall comply with those directions. 8 Paragraphs (1) and (2) shall not apply to any vessel in the service of the Crown or to any dangerous substance. freight container, portable tank or receptacle being carried by such a vessel. 9 A harbour master shall not by virtue of this regulation be under any duty to examine the condition of any substance, freight container, portable tank, receptacle, vehicle or vessel. 10 Directions may be given by the harbour master under paragraphs (1) and (2) in any such reasonable manner as he may think fit. PART III MARKING AND NAVIGATION OF VESSELS Flags and lights to be displayed by ,vessels 8 1 Subject to regulation 9. where a vessel is carrying a dangerous substance specified in Schedule 3 in at least the quantity, if any, specified in that Schedule, the master of that vessel shall ensure that it displays— a in the case of a vessel with a mast— i during the day between sunrise and sunset, a flag complying with the requirements of Parts I and II of Schedule 4, and ii when moored or anchored at night between sunset and sunrise and also during the day in restricted visibility an all-round red light giving a clear, uniform and unbroken light visible in conditions of good night-time visibility all round the horizon for a distance of at least 2 nautical miles; b in the case of a vessel without a mast— i during the day between sunrise and sunset, a flag complying with the requirements of Parts I and III of Schedule 4, and ii when moored or anchored at night between sunset and sunrise and also during the day in restricted visibility, an all-round red light. 2 Any flag or light required by paragraph (1) to be displayed shall be positioned so as to be as conspicuous as is reasonably practicable and, in the case of a light, so that it is above any other light being displayed by the vessel. 3 It shall be a sufficient compliance with this regulation if— a when a dumb craft is being towed, the towing vessel displays the flag required under the foregoing paragraphs; or b when a dumb craft is moored or anchored that flag or light is displayed by an attendant vessel. Regulations 6 and 8 not to apply to certain ferry-boats 9 Regulations 6 and 8 shall not apply to any ferry-boat which for the time being operates entirely within smooth or partially smooth waters within the meaning of the Merchant Shipping (Smooth and Partially Smooth Waters) Rules 1977 . Vessels to keep a safe distance from moored or anchored vessels displaying the flag or light required by regulation 8 10 1 A master shall not bring his vessel alongside a moored or anchored vessel which is displaying any flag or light required by regulation 8 without— a the permission of the berth operator and the master of that vessel if it is at a berth; b the permission of the harbour master and the master of that vessel if it is elsewhere, and shall otherwise keep his vessel at a safe distance from that vessel. 2 The permission, referred to in paragraph (1), of the berth operator and of the harbour master may relate to a named vessel, to a class of vessels or to vessels generally. Marking of barges 11 1 The operator of a barge which is carrying 3,000 kilograms or more of one or more dangerous substances, or in the case of a tank barge any quantity of a dangerous substance, shall ensure that it displays hazard warning panels which shall be arranged so as to be visible on each side of the barge and each such panel shall— a be weather resistant and durably marked so as to comply with the provisions of Schedule 5 (which relates to the required form, colour, information and specification); b be either rigid or fixed so as to be rigid; c be marked on or securely attached to the barge in a substantially vertical plane and if that means of attachment is by a frame that frame shall carry no other hazard warning panel; and d have its lower edge at least one metre above the deck or if that is not reasonably practicable as high above the deck as is reasonably practicable. 2 In addition to complying with paragraph (1), where a tank barge is carrying different dangerous substances in separate tanks, the operator of that tank barge shall ensure that each tank which contains a dangerous substance displays two labels which shall— a be weather resistant and durably marked on one side only so as to comply with the provisions of Schedule 5; b be marked on or securely attached to the outside of the tank, or on a frame immediately above the tank, in a substantially vertical plane so that there is a label visible on each side of the barge; and c have their centres as close as is reasonably practicable to a position midway between the front and rear of the tank in which the dangerous substance to which the labels relate is being carried. 3 Where one or more dangerous substances have been carried and all tanks and compartments have been emptied and cleaned or purged so that any dangerous substance or its vapour which remains is not sufficient to create a risk to the health or safety of any person, then the operator shall ensure that the hazard warning panels and labels are either— a completely covered or completely removed; or b in the case of hazard warning panels only, partly covered or partly removed so as to leave visible only the telephone number and the text referred to in paragraph 3(c) and (d) of Schedule 5 respectively. 4 Where two or more dangerous substances have been carried and the tanks or compartments which were carrying one of them have been emptied and cleaned or purged so that any of the dangerous substance or its vapour which remains is not sufficient to create a risk to the health or safety of any person, then the operator shall ensure that— a the labels referring to the substance which has been removed are completely covered or completely removed; and b the hazard warning panels are changed. if necessary, so as to comply with paragraph 3 of Schedule 5. Control of harbour craft 12 1 The operator of a harbour craft which is carrying a dangerous substance or which is towing a vessel which is carrying a dangerous substance shall ensure that— a the master of that harbour craft is competent to perform the duties required of him; and b the master and any other person on duty on the harbour craft are not under the influence of drink or a drug to such an extent that their capacity to carry out their duties is impaired. 2 The master of any harbour craft referred to in paragraph (1) shall control that craft and any vessel being towed by it with due care and diligence. Provision and use of radios 13 1 This regulation applies to— a a vessel, other than a dumb craft, of 50 tons gross tonnage or more carrying a dangerous substance; b a vessel towing one or more dumb craft where the combined gross tonnage of all the dumb craft being towed is 50 tons or more and at least one is carrying a dangerous substance. 2 The master of a vessel to which this regulation applies shall ensure that all times it is in a harbour area it is provided with a radio capable of receiving and transmitting in the very high frequency band. 3 The master of a vessel to which this regulation applies shall ensure that a listening watch is kept on the operational frequency of the harbour authority at all times except— a when the vessel is at a berth; or b for short periods when the radio is tuned to another frequency for operational purposes. Anchoring and mooring of vessels 14 1 The master of a vessel which is carrying a dangerous substance or on board which any dangerous substance is to be loaded shall anchor or moor his vessel only at such places and at such times as the harbour master may from time to time direct and shall ensure that any conditions the harbour master may impose with regard to anchoring or mooring are complied with. 2 The harbour master shall, before giving any directions as to the berthing of a vessel at a berth not operated by the harbour authority. consult the operator of that berth. 3 When he has anchored or moored his vessel. the master shall ensure that it is not moved except— a if the harbour master, after consultation with the berth operator if the vessel is at a berth, so permits or directs; or b in an emergency or for the safety of persons on the vessel or on the berth. 4 The master shall ensure that any directions given by the harbour master as to the movement of his vessel are complied with. 5 While the vessel is at a berth, the berth operator shall ensure that adequate fenders are kept between the vessel and the berth. 6 Nothing in paragraph (2) or (3)(a) shall prejudice the power of the harbour master to give directions under any other statutory provision which applies to the case. Mobility of vessels 15 1 The master of a vessel, other than a dumb barge, carrying a dangerous substance specified in Schedule 3, i.e., the quantity. if any. specified in that Schedule, shall ensure that the vessel is in a state of readiness to be moved at any time tidal conditions permitting. 2 The harbour master may, if he is satisfied that the health or safety of any person will not be prejudiced, exempt by a certificate in writing, a master from the requirements of paragraph (1), and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing. PART IV HANDLING DANGEROUS SUBSTANCES General duties of persons handling dangerous substances 16 Every person who has to any extent control of, or who is engaged in, the handling of a dangerous substance shall ensure that, so far as is reasonably practicable, nothing in the manner in which that substance is handled is such as might create a risk to the health or safety of any person, Additional duties of employers, self-employed persons and berth operators 17 1 The employer of a person engaged in the handling of a dangerous substance shall— a ensure that that employee is provided with such information, instruction, training and supervision as are necessary to ensure his health and safety and to enable him to perform any operation in which he is involved with due regard to the health and safety of others; b provide that employee, where necessary, with adequate safety equipment and protective clothing; and c keep a record of the training received by that employee in accordance with this paragraph while that employee is in his employment and on request by that employee give a copy of that record to him. 2 A self-employed person engaged in the handling of a dangerous substance shall ensure that— a he has such information, instruction, training and supervision as are necessary to ensure his health and safety and to enable him to perform any operation in which he is involved with due regard to the health and safety of others; and b he has, where necessary, adequate safety equipment and protective clothing. 3 The operator of a berth where any dangerous substance is loaded or unloaded shall ensure that— a the handling of dangerous substances on the berth is adequately supervised; and b persons present on the berth are provided with such information and instruction as are necessary to ensure their health and safety and to enable them to perform any operation in which they are involved with due regard to the health and safety of others. Precautions to be taken against fire or explosion 18 1 Where a dangerous substance may give rise to a risk of fire or explosion, every person engaged in the handling of that substance and both the owner and the operator of any berth on which that substance is kept or handled, shall observe all the precautions necessary for preventing, and for minimising the effect of, any such fire or explosion. 2 Without prejudice to the generality of paragraph (1)— a the owner of the berth shall ensure that adequate means for fighting fires are available; b the berth operator shall ensure that adequately trained personnel are available sufficient to operate the fire-fighting equipment that would be required to provide first-aid fire-fighting appropriate to the type and quantity of the dangerous substance being loaded or unloaded; c the operator and the owner of the berth shall ensure that ready access by the emergency services is available at all times to any vessel at a berth which is carrying, loading or unloading any such dangerous substance. 3 No person shall smoke, use naked lights or any other source of ignition or carry any source of ignition within any area in which such activities have been prohibited by the harbour authority or the berth operator. 4 In this regulation, “owner of the berth” means any person having overall control and management of the berth, and includes a lessee. PART V LIQUID 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 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— 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. PART VI PACKAGING AND LABELLING Freight containers 23 1 Any person bringing a freight container containing any dangerous substance into a harbour area from inland shall ensure that that container is accompanied by a certificate, given by the person responsible for loading the dangerous substance into the freight container, certifying that the substance has been safely packed inside that container. 2 A person opening a freight container containing any dangerous substance shall take sufficient precautions to protect himself and others in the vicinity from the effect of any spillage or escape of any dangerous substance and shall adequately ventilate the interior before entering the freight container or unloading anything from that container and, if he is an employee, his employer shall also ensure that he takes such precautions. Portable tanks and receptacles 24 Where a dangerous substance is brought into a harbour or harbour area from inland in— a a portable tank, the operator of the tank shall ensure that it is correctly filled and either— i in the case of a portable tank to which the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1988 apply, complies with the requirements of regulation 6 of those Regulations; or ii in any other case, the portable tank is suitable for the purpose and complies with the requirements of sub-paragraphs (a) to (c) of regulation 7 of the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 . b a receptacle, the consignor of that substance shall ensure that— i the receptacle is designed, constructed, maintained and closed so as to prevent any of the contents escaping when subjected to the stresses and strains of normal handling or transport except that this shall not prevent the fitting of a suitable safety device, ii the receptacle and any fastenings are, in so far as they are likely to come into contact with the substance, made of materials which are neither liable to be adversely affected by the substance nor liable in conjunction with the substance to form any other substance which is itself a risk to health or safety, iii the receptacle is correctly filled, and iv in the case of a receptacle containing a compressed gas, the receptacle has been appropriately tested. Labelling 25 1 Where a dangerous substance is brought into a harbour or harbour area from inland in a freight container, portable tank or receptacle the consignor of that freight container, portable tank or receptacle, as the case may be, shall ensure that— a any such freight container is clearly and durably labelled to show on each vertical side the hazard warning sign of each Class of dangerous substance contained therein; b any such receptacle which is liable to be individually handled while in the harbour or harbour area and any such portable tank is clearly and durably labelled to show the hazard warning signs of each Class of dangerous substance contained therein, and, in respect of each dangerous substance contained therein, either— i the name given in the IMDG Code or the approved list or if there is no name given, the chemical name or the common name, or ii in the case of a dangerous substance which is a mixture prepared by its manufacturer of two or more other substances, the 1 designation for such preparations given in accordance with either the IMDG Code or the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985. 2 It shall be a sufficient compliance with paragraph (1), if a freight container, portable tank or receptacle which, while in the harbour or harbour area, is or will be required to be labelled in accordance with any of the following provisions, is labelled in accordance with those provisions, namely— a the Dangerous Substances (Conveyance by Road in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1988; b the Classification, Packaging and Labelling of Dangerous Substances Regulations (Northern Ireland) 1985 relating to the labelling for conveyance by road; c the Radioactive Substances (Carriage by Road) Regulations (Northern Ireland) 1983; d the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 ; e Regulations for the Safe Transport of Radioactive Materials published by the International Atomic Energy Agency; f the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the Council of the International Civil Aviation Organisation; g the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) signed at Geneva on 30th September 1957; h Regulations concerning the International Carriage of Dangerous Goods by Rail (RID). 3 As soon as is practicable after all the dangerous substances and any residue have been removed from any freight container or portable tank the person in charge of that removal shall ensure that all labels which indicate that dangerous substances are contained therein are obliterated or removed from any such freight container or portable tank. PART VII EMERGENCY ARRANGEMENTS AND UNTOWARD INCIDENTS Preparation of emergency plans by harbour authorities 26 1 A harbour authority shall. before dangerous substances are handled in the harbour or harbour area. prepare and keep up to date, after consulting the emergency services and any other body which appears to it to be appropriate, an effective emergency plan for dealing with emergencies which involve, affect or could affect dangerous substances that are brought into or are handled in the harbour or harbour area as the case may be. 2 Port users and berth operators shall if requested by the harbour authority co-operate with the harbour authority in preparing its plan. 3 A harbour authority shall notify the contents of its plan to those responsible for putting it into effect. 4 Until 1st December 1992 it shall be a sufficient compliance with paragraph (1) if the harbour authority prepares its emergency plan in accordance with that paragraph by that date. Emergency arrangements at berths 27 1 The berth operator shall ensure that at all times when a vessel loading, carrying or unloading a dangerous substance is at the berth and at any other time when there are risks from dangerous substances— a means of rapid communication with the emergency services are available; and b adequate means of escape from that berth are provided for use in an emergency. 2 Subject to paragraph (5), as soon as practicable after the berthing of a vessel which is carrying or is to be loaded with any dangerous substance, and before the loading or unloading of that substance begins, the berth operator shall notify the master of that vessel of emergency arrangements at the berth and the means by which the alarm can be raised, and shall provide him with a written notice of the signals to be used in an emergency and of the arrangements for summoning the emergency services. 3 The operator of any berth where any dangerous substance is being loaded on board or unloaded from a vessel in bulk or where any such substance is stored in bulk before loading or after unloading, shall ensure that such information is immediately available to the emergency services as will enable them to know— a the identity, quantity and location of each such substance which is for the time being on the berth; and b the nature of the dangers to which each such substance may give rise and the emergency action that should be taken. 4 Subject to paragraph (5), the operator of any berth where any dangerous substance other than in bulk is being loaded on board or unloaded from a vessel or where any such substance is stored before loading or after unloading, shall ensure that such information is immediately available to the emergency services as will enable them to know the identity, quantity and location of each such substance which is for the time being on the berth. 5 Paragraphs (2) and (4) shall apply to 25 kilograms or more of one or more dangerous substances. Untoward incidents 28 1 In this regulation, “untoward incident” means an incident involving or threatening the containment of a dangerous substance which might, irrespective of where such incident occurs, create in the harbour or harbour area a risk of serious personal injury or a risk to the safety of a vessel. 2 The master of a vessel carrying a dangerous substance shall immediately inform the harbour master and, if the vessel is at a berth. the berth operator of any untoward incident which occurs or has occurred on the vessel. 3 The berth operator shall immediately inform the harbour master and the master of any vessel at the berth of any untoward incident which occurs on the berth. 4 Where an untoward incident occurs during the operation of handling a dangerous substance, the person having control of that operation shall stop the operation as soon as it is safe to do so and shall immediately report the incident to the harbour master, to the operator of any berth and the master of any vessel which might be affected by the incident and, where appropriate, the emergency services. 5 Where an operation has been stopped in accordance with paragraph (4), it shall not be resumed until such corrective measures have been taken as make it safe to resume the operation and the harbour master has authorised resumption of the operation. PART VIII STORAGE OF DANGEROUS SUBSTANCES Application of this Part 29 The provisions of this Part shall apply to the storage of any dangerous substance within a harbour or harbour area ancillary to loading or unloading within that harbour or harbour area, except that regulations 30 and 3 1 shall not apply — a where the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations (Northern Ireland) 1975 apply to that storage; b in the case of petroleum-spirit, or any other substance to which the provisions of section 1 of the Petroleum (Consolidation) Act (Northern Ireland), 1929 were applied by the Petroleum (Carbide of Calcium) Order (Northern Ireland), 1930 , the Petroleum (Mixtures) Order (Northern Ireland), 1930 and the Petroleum (Liquid Methane) Order (Northern Ireland) 1973 , to the extent that the storage is regulated by or under the Petroleum (Consolidation) Act (Northern Ireland), 1929. Storage tanks 30 1 The operator of any storage tank and, where the tank is on a berth, the berth operator shall, before it is used for the storage of a dangerous substance in bulk. consult the Fire Authority for Northern Ireland (“the Fire Authority”) with respect to the fire precautions that should be taken. 2 Where before 1st June 1992 a storage tank was used for the storage of a dangerous substance in bulk, it shall be a sufficient compliance with paragraph (1) if the berth operator consults the Fire Authority in accordance with that paragraph before 1st December 1992. 3 The operator of any storage tank shall both before it is used for the storage of any dangerous substance in bulk and during such use ensure that the tank (including any associated equipment) is— a properly designed, of adequate strength and of good construction from sound and suitable materials; b suitable for the storage in bulk of that substance; c properly maintained; and d sited in a safe place. 4 The operator of a storage tank who transfers a dangerous substance into that tank shall ensure that— a the substance is compatible with any other substance (whether dangerous or not) already in the tank; b the substance does not cause a risk to the health or safety of any person by chemical or physical attack on the tank (including any associated equipment); and c the tank is filled safely and is not over-filled. Storage of freight containers, portable tanks and receptacles containing dangerous substances 31 A person who stores a freight container, portable tank or receptacle containing a dangerous substance shall ensure that— a so far as is reasonably practicable the conditions under which that freight container, portable tank or receptacle is stored are not such as might create a risk from that dangerous substance to the health or safety of any person; and b the area in which it is stored is kept free from rubbish, vegetation and other matter where that might create any such risk. Parking of road vehicles carrying dangerous substances 32 1 Every berth operator shall so far as is reasonably practicable designate a suitable parking area for road vehicles carrying dangerous substances that use the berth and in so far as the berth operator is unable to designate a suitable parking area for such vehicles he shall notify the harbour authority thereof who shall take all reasonably practicable steps to designate such a parking area. 2 The driver of any vehicle which is carrying a dangerous substance shall not— a where a parking area has been designated by the berth operator or the harbour authority, leave his vehicle unattended except in that area; b park the vehicle (whether attended or not) at a place or in a manner as may be liable to create a risk to the health or safety of any person. PART IX MISCELLANEOUS AND GENERAL Power of a district council to make bye-laws 33 1 Subject to the provisions of Schedule 6, a district council which is a statutory harbour authority may make in respect of the harbour area. bye-laws prohibiting the entry or regulating the entry, carriage, handling and storage of dangerous substances. 2 Bye-laws shall not conflict with these Regulations or with any other relevant statutory provision. 3 Bye-laws shall be restricted to matters relating to the harbour area. 4 Bye-laws may contain their own provisions for enforcement. Enforcement of these Regulations 34 1 Subject to paragraph (2), the Department shall be responsible for enforcing these Regulations. 2 A statutory harbour authority shall be responsible for enforcing Parts II and III and regulations 19,20 and 32(2) in the harbour area against persons other than itself. Defence in proceedings for contravening these Regulations or bye-laws 35 In any proceedings for an offence of contravening these Regulations (other than for an offence under regulation 16, 31(a) or 32(1)) or of contravening any bye-law made under these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence. Power to grant exemptions from these Regulations 36 1 Subject to paragraph (2), the Department may, by a certificate in writing, exempt any person or class of persons, from any requirement or prohibition imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing. 2 The Department shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to— a the conditions, if any, which it proposes to attach to the exemption; b any other requirements imposed by or under any statutory provision which apply to the case; it is satisfied that the health or safety of persons likely to be affected by the exemption, will not be prejudiced in consequence of it. 3 The Secretary of State for Defence may, in the interests of national security by a certificate in writing, exempt from all or any requirements or prohibitions imposed by these Regulations— a Her Majesty’s forces; b visiting, forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 ; c any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ; and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time. Repeals, revocations, modifications and savings 37 1 Sections 7 and 8 of the Petroleum (Consolidation) Act (Northern Ireland), 1929 and the bye-laws made thereunder (listed in Part I of Schedule 7) are hereby repealed. 2 The provisions mentioned in column 2 of Part II of Schedule 7 of the local Regulations and bye-laws (being Regulations and bye-laws made before 25th July 1978) mentioned in column 1 of that Part are hereby repealed in so far as they apply within harbours and harbour areas and, within those harbours and harbour areas to the extent that they apply in relation to dangerous substances to which these Regulations apply. 3 The provisions of any local Act passed before 25th July 1978 or of any bye-laws made before 25th July 1978 which conflict with the provisions of these Regulations shall cease to have effect and that Act or those bye-laws shall be modified accordingly. 4 In the Fire Certificates (Special Premises) Regulations (Northern Ireland) 1991 after regulation 3 there shall be inserted— Premises for which a fire certificate is not required 3A Notwithstanding regulation 3(1), a fire certificate shall not be required for any berth to which the Dangerous Substances in Harbour Areas Regulations (Northern Ireland) 1991 ( S.R. 1991 No. 509 ) apply. . Sealed with the Official Seal of the Department of Agriculture on I. C. Henderson Assistant Secretary 26th November 1991. Sealed with the Official Seal of the Department of Economic Development on Suzanna Cooper Assistant Secretary 26th November 1991. Sealed with the Official Seal of the Department of the Environment on Trevor Pearson Assistant Secretary 28th November 1991. Sealed with the Official Seal of the Department of Health and Social Services on J. Scott Assistant Secretary 6th November 1991.