The Dangerous Substances in Harbour Areas Regulations 1987

means the list described in regulation 4 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984;

includes any lighter or similar vessel whether self-propelled or not;

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– (a) 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 (b) does not include a monobuoy or in regulations 18, 21(6) and 27(1) any other buoy berth;

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

means the original consignor;

means a substance or article described in regulation 3;

means a vessel not possessing mechanical means of propulsion and includes a dumb barge and a dracone;

means in relation to an article or substance which falls within regulation 3, either goods of Class 1 in the IMDG Code or explosives of Class 1 in Part I of Schedule 1;

means a licence issued by the Health and Safety Executive for the purposes of Part IX of these Regulations;

means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 other than a container within the definition of “portable tank” in these Regulations;

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) a dock, wharf or other works in or at which vessels can obtain shelter, or ship and unship goods or passengers;

means– (a) (a) 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), (ii) any berth, abutting any of the areas of water falling within head (i) above, 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), (iii) 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, (iv) a monobuoy connected to one or more storage facilities in a harbour area as defined above and its monobuoy area, but excluding– (b) 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”);

means– (a) in relation to a harbour area, the statutory harbour authority by reference to which that harbour area is defined, (b) in relation to a harbour, any person being, or claiming to be– (a) the proprietor of that harbour, or (ii) entrusted with the duty, or invested with the duty, or invested with the power of improving, managing, maintaining or regulating that harbour;

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;

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;

means the panel required by regulation 11 and specified in Schedule 5;

means in relation to a dangerous substance, the hazard warning sign specified and coloured as in column 3 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;

includes liquefied gas except in Schedule 1;

includes any person, other than a pilot, having charge of a vessel;

has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983;

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;

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;

means in relation to a road vehicle–

means any person having overall control and management of the berth, and includes a lessee.

means petroleum-spirit within the maaning of section 23 of the Petroleum (Consolidation) Act 1928;

means– (a) a portable tank with a capacity of 450 litres or more, and (b) 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 1981;

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;

means a “harbour authority” within the meaning of section 57 of the Harbours Act 1964, 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) a holding company or subsidiary of that company, (b) the members of a consortium who between them own, directly or indirectly, more than half the issued share capital of that company;

means a fixed tank designed for the storage of substances in bulk;

means a barge constructed or adapted to carry liquids in bulk;

has the same meaning as in regulation 1(2) of the Merchant Shipping (Dangerous Goods) Regulations 1981;

includes the propulsion of a dumb craft by pushing;

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.

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.