The Dangerous Substances in Harbour Areas Regulations 1987

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulations 2(1), 3(1) and (2)

SCHEDULE 1THE CLASSIFICATION OF AND HAZARD WARNING SIGNS FOR DANGEROUS SUBSTANCES

PART Itable of characteristic properties, classifications and hazard warning signs

(1)
Characteristic properties of the substance
(2)
Classification
(3)
Hazard warning sign
Note 1 Where explosives of more than one division are carried in a freight container or barge, the division with the lowest number should be shown on the hazard warning sign. When explosives of Division 1.1 and Division 1.2 are carried together in a freight container or barge, the hazard warning sign displayed on the freight container or barge should be that for Division 1.1. Note 2 An aerosol which is flammable in accordance with paragraph 2 of Part III of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 shall have the classification of a flammable gas. Other aerosols need not be classified as flammable gas or flammable liquid. Note 3 Viscous preparations which comply with the conditions in Part III of Schedule 2 to the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 shall not be required to be classified as a flammable liquid. Note 4 The flash point shall be determined in accordance with one of the methods described in Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984. Note 5 For the purposes of Schedule 3, liquids having a flash point not exceeding 60°C shall be treated as being in Class 3. Note 6 The hazard warning sign to be employed should be the appropriate one required by the regulations for the Safe Transport of Radioactive Materials published by the International Atomic Energy Agency.
An explosive substance, that is to say– (a) a solid or liquid substance, or (b) a mixture of solid or liquid substances or both, which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions; including one or more such substances contained in an article. (See Note 1).	Class 1: Division 1.1, 1.2 or 1.3	(The Division number “1.2” and Compatibility Group letter “E” shown are only examples).
	Division 1.4	(The Compatibility Group letter “G” shown is only an example). For explosives of hazard classification code 1.4S, “1.4S” may appear in the upper half of the label or may be shown on its own without the orange label. The orange label may be dispensed with for fireworks of Division 1,4 privuded the word “FIREWORK” followed by the hazard classification code is shown.
	Division 1.5	(The Compatibility Group letter “D” shown is only an example).
Explosive substances defined as above which have a predominant hazard appropriate to another Class but which nevertheless present a significant hazard from explosion.	According to the predominant hazard	(The hazard warning sign shown above should appear on packages in addition to the hazard warning sign of the main classification).
A substance which– (a) has a critical temperature below 50°C or which at 50°C has a vapour pressure of more than 3 bar absolute; and (b) is conveyed at a pressure of more than 500 millibar above atmospheric pressure or in liquefied form; other than a toxic gas or a flammable gas.	Class 2 (Non-flammable compressed gas)
A substance which has a critical temperature below 50°C or which at 50°C has a vapour pressure of more than 3 bar absolute and which is toxic.	Class 2 (Toxic gas)
A substance which has a critical temperature below 50°C or which at 50°C has a vapour pressure of more than 3 bar absolute and is flammable. (see Note 2).	Class 2 (Flammable gas)
A liquid with a flash point of 55°C or below except a liquid which– (a) has a flash point equal to or more than 21°C and less than or equal to 55°C and (b) when tested at 55°C in the manner described in Schedule 2 to the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972(1) does not support combustion. (See Notes 3 to 5).	Class 3 (Flammable liquid)
A solid which is readily combustible under conditions encountered in a harbour or harbour area or which may cause or contribute to fire through friction.	Class 4.1 (Flammable solid)
A substance which is liable to spontaneous heating under conditions encountered in a harbour or harbour area or to heating in contact with air being then liable to catch fire	Class 4.2 (Spontaneously combustible substance)
A substance which in contact with water is liable to become spontaneously combustible or to give off a flammable gas.	Class 4.3 (Substance which in contact with water emits flammable gas)
A substance other than an organic peroxide, which, although not itself necessarily combustible, may by yielding oxygen or by a similar process cause or contribute to the combustion of other material.	Class 5.1 (Oxidizing substance)
A substance which is– (a) an organic peroxide; and (b) an unstable substance which may undergo exothermic self-accelerating decomposition.	Class 5.2 (Organic Peroxide)
A substance known to be so toxic to man as to afford a hazard to health under conditions encountered in a harbour or harbour area or which, in the absence of adequate data on human toxicity, is presumed to be toxic to man.	Class 6.1 (Toxic substance)
A substance known to be toxic to man or, in the absence of adequate data on human toxicity, is presumed to be toxic to man but which is unlikely to afford a serious acute hazard to health under conditions encountered in a harbour or harbour area.	Class 6.1 (Harmful substance)
A substance which contains disease-producing micro-organisms.	Class 6.2 (Infectious substance)
A substance of specific activity of more than 70 Becquerels per gram (0.002 microcuries per gram) (See Note 6).	Class t (Radioactive substance)
A substance which by chemical action will– (a) cause severe damage when in contact with living tissue, or (b) materially damage other freight or equipment if leakage occurs.	Class 8 (Corrosive substance)
Two or more dangerous substances having different classifications.	Multi-load	(Applicable only to hazard warning panels)

PART IIspecification of hazard warning signs

1. The hazard warning sign to be used on a hazard warning panel, on a label to be affixed to a compartment tank barge or to be affixed to a freight container, portable tank or receptacle shall be that shown in column 3 of Part I of this Schedule for the classification of the substance shown ;in the corresponding entry in column 2 of that Part, and the signs shall conform in form and colour to those shown in the said column 3, except that–

(a)in the case of the signs for the classifications “non-flammable compressed gas”, “flammable gas”, “flammable liquid” and “substance which in contact with water emits flammable gas”, the symbol and the lettering may be in white;

(b)in the case of the sign for the classification “spontaneously combustible substance”, the lettering may be in white;

(c)in the case of the signs for the classifications “oxidizing substance” and “organic peroxide” the part of the symbol showing the flame may be completely in black;

(d)in place of the word “toxic”, the word “poison” may be used wherever it occurs;

(e)in place of the word “flammable”, the word “inflammable” may be used wherever it occurs;

(f)the sign may show the class number in accordance with the IMDG Code and in the case of Classes 1 and 7 must show the Class number.

2. Each hazard warning sign shall be in the form of a square set with its sides at an angle of 45° to the vertical and the length of the sides shall be–

(a)in the case of signs on hazard warning panels, not less than 200 millimetres;

(b)in the case of signs on the labels for compartmented tank barges, not less than 95 millimetres;

(c)in the case of signs, other than those for substances in Class 7, to be affixed to a freight container, portable tank or receptacle, not less than 100 millimetres, except that, in the case of receptacles that are of such dimensions that they can only bear smaller signs, the sign should be as large as is reasonably practicable;

(d)in the case of signs for substances in Class 7 to be affixed to a freight container, portable tank or receptacle, 100 millimetres.

3. Hazard warning signs to be affixed to a freight container, portable tank or receptacle shall have a line of the same colour as the symbol, 5 millimetres inside the edge and running parallel to it. (The broken line which surrounds each sign delineates the edge of that sign and need not be shown.)

4. Hazard warning signs to be affixed to hazard warning panels and labels for compartmented tank barges shall, for any part of the sign that is not black have a black border–

(a)in the case of signs for hazard warning panels, at least 2 millimetres wide;

(b)in the case of signs for labels, at least 1 millimetre wide.

Regulation 3(4)

SCHEDULE 2EXAMPLES OF SUBSTANCES AND ARTICLES NOT TO BE TREATED AS IN CLASS 4.2(Spontaneously combustible substances)

1. Rubber scrap and rubber shoddy, in powdered or granulated form.

2. Copra.

3. Cotton waste, oily.

4. Cotton, wet.

5. Fibres, animal or vegetable, burnt, wet or damp.

6. Fibres or fabrics, animal or vegetable, with animal or vegetable oil.

7. Fish meal (unstabilised).

8. Iron oxide, spent, or iron sponge, spent (obtained from coal gas purification).

9. Paper, treated with unsaturated oils, incompletely dried (includes carbon paper).

10. Seed cakes (seed expellers) containing more than 1.5% oil and not more than 11% moisture.

11. Wool waste, wet.

12. Rags, oily.

13. Textile waste, wet.

14. Seed cakes, containing not more than 1.5% oil and not more than 11% moisture.

Regulations 8(1) and 15(1)

SCHEDULE 3LIST OF SPECIFIED DANGEROUS SUBSTANCES

The dangerous substances referred to in regulations 8(1) and 15(1) are as follows–

(a)more than 10 kilograms of explosives in Division 1.1 or 250 kilograms in the aggregate of explosives in Division 1.2, 1.3 and 1.5; when explosives in Division 1.1 are carried simultaneously in the ship with explosives in Division 1.2, 1.3 or 1.5, the overall limit is 10 kilograms;

(b)more than 25 tonnes of sodium chlorate or potassium chlorate, or more than 500 tonnes of ammonium nitrate of Class 5.1;

(c)bulk liquefied gases of Class 2, including the remnants of such gases which remain after their discharge from a tank which has not subsequently been gas-freed or inerted;

(d)bulk liquids of Class 3 with a flashpoint, when determined in accordance with one of the methods described in Part IV of Schedule 1 to the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984, not exceeding 60°C, including the remnants of such liquids which remain after their discharge from a tank which has not subsequently been gas-freed or inerted;

(e)bulk liquids of Classes 4, 5, 6.1 and 8 of UN Packing Groups I and II in the UN list;

(f)bulk liquids of Class 6.1, UN Packing Group III in the UN list, if such liquids have a harmful inhalation risk.

Regulation 8(1)

SCHEDULE 4FLAG INDICATING THAT A VESSEL IS CARRYING A DANGEROUS SUBSTANCE

PART Ishape and colour of flag

1. The shape of the flag shall be as shown in the diagram below.

2. The flag shall be red in colour.

PART IImaterial and size of flag on vessels with a mast

1. The flag shall be made of fabric.

2. The side of the flag marked “a” on the diagram shown in Part I of this Schedule shall be not less than 75 centimetres in length and the sides of the flag marked “b” on the said diagram shall have equal lengths of not less than 90 centimetres.

PART IIImaterial and size of flag on vessels without a mast

1. The flag shall be made of metal.

2. The side of the flag marked “a” on the diagram shown in Part I of this Schedule shall be not less than 45 centimetres in length and the sides of the flag marked “b” on the said diagram shall have equal lengths of not less than 54 centimetres.

Regulations 2(1) and 11

SCHEDULE 5HAZARD WARNING PANELS

Form and colour of hazard warning panels

1. Each hazard warning panel shall be in the form and colour of the following diagram–

2. Any reference in paragraph 3 of this Schedule to a space number is a reference to the space so numbered in the diagram in paragraph 1.

Information about substances on a barge or tank barge

3. The following information shall be shown on each hazard warning panel when a barge or tank barge is carrying a dangerous substance–

(a)in space (1)–

(i)where only one substance is being carried and that substance is specified in the approved list or the UN list, the substance identification number for that substance, except that the chemical name, an accepted common name or the trade name of the substance may also be included;

(ii)where only one substance is being carried and that substance is not specified in the approved list or the UN list, the chemical name, an accepted common name or the trade name of the substance;

(iii)where more than one dangerous substance is being carried, the word “Multi-load”; and

(b)in space (2)–

(i)where only one dangerous substance is being carried and that substance is specified in the approved list or the UN list, the hazard warning sign for the classification of that substance;

(ii)where only one dangerous substance is being carried and that substance is not specified in the approved list or the UN list, the hazard warning sign specified in column 3 of Part I of Schedule 1 for the most hazardous of the characteristic properties of the substance;

(iii)where more than one dangerous substance is being carried and all of those substances are of the same classification, the hazard warning sign for that classification specified in column 3 of Part I of Schedule 1;

(iv)where more than one dangerous substance is being carried and all those substances are not of the same classification, the hazard warning sign for multi-load specified in column 3 of Part I of Schedule 1;

(c)in space (3), the telephone number at which or by means of which specialist advice can be obtained at all times when the substance is being carried; and

(d)in space (4), the name of the manufacturer or owner of the substance, his house symbol, or both, may be shown but otherwise the space shall be left blank.

Specification for hazard warning panels

4. The specifications for hazard warning panels shall be those set out in the diagrams below with dimensions in millimetres; larger measurements may be used, but in that case they shall be kept in the same proportions to each other except that the lettering and figures may remain as shown in the diagram, or be of intermediate size. The diagonal lines in the top left may be thinner and may slope in the opposite direction.

For single loads–

For multi-loads–

Labels for compartmented tank barges

Form of labels

5. In the case of a tank barge which has separate tanks which are being used to carry different dangerous substances at the same time the label to be attached to each tank in accordance with regulation 11(2) shall be in the form and colour of the following diagram except that where all the dangerous substances being carried are of the same classification, space (2) may be omitted.

6. Any reference to a space number in paragraphs 5 and 7 of this Part is a reference to the space so numbered in the diagram in paragraph 5.

Information to be shown on labels

7. The following information shall be shown on each label–

(a)in space (1)–

(i)where the substance is specified in the approved list or the UN list, the substance identification number of that substance, except that the chemical name, an accepted common name or the trade name of the substance may also be included, or

(ii)where the substance is not specified in the approved list or the UN list, the chemical name, an accepted common name or the trade name of the substance;

(b)in space (2)–

(i)where the substance is specified in the approved list or the UN list, the hazard warning sign for the classification of that substance,

(ii)where the substance is not specified in the approved list or the UN list, the hazard warning sign specified in column 3 of Part I of Schedule 1 of the most hazardous of the characteristic properties of the substance;

(c)where all the substances being carried have the same classification, space (2), if included in the label, may be left blank.

Specification for labels

8. The specification for labels is set out below with dimensions in millimetres; larger measurements may be used but in that case they shall be kept in the same proportions to each other except that the lettering and figures may remain as shown in the diagram or be of intermediate size.

Colour of hazard warning panels and labels

9. Where in this Schedule parts of hazard warning panels are shown as coloured orange that colour shall match the colour in the British Standard Specification BSS No. 381C (1980) No. 557 Light Orange.

Regulation 43(1)

SCHEDULE 6PROVISIONS RELATING TO BYELAWS

1. In this Schedule, “byelaws” means byelaws made by a statutory harbour authority for all or any of the purposes set out in regulation 43(1).

2. Byelaws shall be made under the common seal of the statutory harbour authority and shall not have effect until they are confirmed by the Secretary of State: Provided that a byelaw which prohibits or regulates the entry of a dangerous substance into a harbour area and which has been made after consultation with any berth operator who appears to the authority to be affected by the proposed byelaw, shall come into force when application is made for its confirmation but such a byelaw shall cease to have effect if the Secretary of State refuses to confirm it or, if he confirms it with modifications, shall thereafter have effect as so modified.

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

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

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

Provided that where the Secretary of State proposes to confirm a byelaw with a modification which appears to him to be substantial he shall inform the statutory harbour authority and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaw until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the statutory harbour authority and by other persons who have been informed of it.

6. The Secretary of State shall not under the foregoing provisions of this Schedule confirm, whether or not with modifications, or refuse to confirm, a byelaw except after consultation with the Health and Safety Commission.

7. A copy of the byelaws, when confirmed, shall be printed and shall be deposited at the offices of the statutory harbour authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

Regulations 35(1) and 36(1)

SCHEDULE 7PROCEDURE FOR EXPLOSIVES LICENCE APPLICATIONS

1. An application for an explosives licence or for any alteration of the terms of an existing licence shall be made in writing to the Health and Safety Executive and shall be accompanied by such information and plans as the Executive may require.

2. On receipt of an application, the Executive may prepare a draft licence and in such a case it may require the applicant to publish, in a form approved by the Executive, a notice giving such details of the draft licence as the Executive may require.

3. A notice published pursuant to paragraph 2 shall state that any comments or objections on the application must be sent to the Executive within one month of the publication of the notice.

4. Within the time for comment or objection the applicant shall give to any interested person such additional information about the application as the Executive may determine.

5. After the time for comment or objection has passed the Executive may amend the draft licence and if it does so may require the applicant to publish a further notice in accordance with paragraphs 2 and 3.

6. Where the applicant for a licence or amending licence is a berth operator and not the harbour authority, he shall send a copy of the application to the harbour authority.

Regulation 47(3), (5) and (6)

SCHEDULE 8REPEALS, REVOCATIONS AND SAVINGS

PART Ipetroleum byelaws having effect until 31st december 1989

	(1)
Title of Byelaws
(2)
Byelaws having effect until 31st December 1989
Bristol Petroleum Spirit and Carbide of Calcium Byelaws 1951, as amended	5 and 17
Gloucester and Sharpness Canal, Lee Navigation, the Regent’s Canal Dock, the River Severn Navigation, the Weaver Navigation and Keadby Jetty Petroleum Spirit and Carbide of Calcium Byelaws 1962	6 and 7
Port of Liverpool Petroleum Spirit Byelaws 1961	7, 9, 10 and 11
Port of London Petroleum Spirit Byelaws 1929, as amended	7, 8, 9, 10 and 17
Port of London Liquid Methane Byelaws 1965	8 and 9
Harbour and Port of Manchester Petroleum Spirit and Carbide of Calcium Byelaws 1950, as amended	3, 6, 7, 15 and 16
Port of Southampton Petroleum Spirit Byelaws 1975	5.1
Weymouth and Melcombe Regis Harbour Petroleum Spirit and Carbide of Calcium Byelaws 1949	3

PART IIlocal acts and other harbour byelaws repealed

Title of Instrument	Extent of Repeal
Aberdeen Harbour Byelaws for the Discharge and Loading of Petroleum in Bulk 1929	The whole byelaws except 1, 2 and 4
Arbroath Harbour General Byelaws 1921	Byelaw 48
Port of Bristol General Byelaws 1956	Byelaws 28 and 29
Port of Bristol, Loading, Discharging, Transport etc. of Petroleum (other than Petroleum Spirit) Byelaws 1951, as amended	The whole byelaws except 1, 2, 5 and 18
Caernarvon Harbour Byelaws for Petroleum in Bulk (other than Petroleum Spirit) 1950	The whole byelaws
Cattewater Harbour Petroleum or Mineral Oil (other than Dangerous Petroleum) Byelaws 1924	The whole byelaws
Chichester Harbour Conservancy Act 1971(2)	Section 85
Clyde Port Authority Order Confirmation Act 1965(3)	Sections 90 and 95
Forths Ports Authority Order Confirmation Act 1969(4)	Sections 68 and 77
Goole Docks Byelaws 1912	Byelaws 19, 20, 30 and 31
Grimsby Docks Byelaws 1939	Byelaw 41
Harwich Harbour Act 1974(5)	Sections 40 and 42
Immingham Dock Byelaws 1929	Byelaw 41
Ipswich Cock Act 1971(6)	Section 79
King’s Lynn Docks and Railway Company Byelaws 1935	Byelaws 20, 27 and 28
River Lee (Dangerous Goods) Byelaws 1937	The whole byelaws except byelaws 2, 3, 6, 7 and 19
Port of Liverpool Common Petroleum and Fuel Oil Byelaws 1937	Byelaws 2 to 6, 8 to 10, 13, 15 and 16
Port of London Act 1968(7)	Sections 150 to 152 and 166
Harbour and Port of Manchester Petroleum Byelaws 1929	The whole byelaws except byelaws 1, 2, 5, 6, 7 and 18
Mersey Docks Acts (Consolidation) Act 1858(8)	Sections CCIX and CCXX
Newlyn Pier and Harbour (Petroleum and Carbide of Calcium) Byelaws 1908	The whole byelaws
Plymouth Great Western Docks General Byelaws 1960	Byelaws 3 and 16
Poole Harbour Byelaws 1901	Byelaw 28
Port and Harbour of Preston General Byelaws 1960	Byelaws 52 and 53
Rothsay Harbour Act 1831(9)	Section XXX
Shoreham Harbour Byelaws 1965	Byelaw 42
Sunderland Corporation Act 1972(10)	Sections 59 and 65
Teesport Oil Berths Byelaws 1952	Byelaws 3 to 5, 16 and 17
Tees and Hartlepools Port Authority Act 1966(11)	Sections 86 and 92
Torbay Harbour Act 1970(12)	Sections 38 and 46
Troon Harbour Byelaws and Regulations 1920	Byelaws XL11
Port of Tyne Reorganisation Scheme 1967 Confirmation Order 1968(13)	Articles 35 and 77
Port of Tyne Byelaws 1884	Byelaws 82 and 85
Whitstable Harbour Byelaws 1928	Byelaw 36
Zetland County Council Act 1974(14)	Sections 36 and 45

PART IIIbyelaws repealed with effect from 31st december 1989

Title of Byelaws	Extent of Repeal
Harbour and Port of Manchester Byelaws 1966	Byelaw 61 and regulations, made under that byelaw.
Shoreham Harbour Butane Byelaws 1969	The whole byelaws.

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