Jersey R & O 6642
Harbours (Administration) (Jersey) Law, 1961.
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HARBOURS (AMENDMENT No. 10) (JERSEY) REGULATIONS, 1979.
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(Promulgated on the 4th day of April, 1979).
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STATES OF JERSEY.
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The 27th day of
March, 1979.
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THE STATES, in pursuance of Article 4 of
the Harbours (Administration) (Jersey) Law, 1961, as
amended, have made the following Regulations: -
1. After
Part IV of the Harbours (Jersey) Regulations, 1962, as
amended, there shall be inserted the following Part –
“PART
IV A
PROVISIONS
GOVERNING THE CONVEYANCE, LOADING AND UNLOADING OF EXPLOSIVES
GENERAL
23A. Explosives ships
shall berth only in St. Helier Harbour.
EXCEPTIONS
23B. The following
categories of explosives shall be exempt from the provisions of this Part of
these Regulations: -
(a) manufactured
small arms ammunition;
(b) fireworks;
(c) explosives
brought into the harbour area by road or conveyed therein for immediate use in
the course of or in connexion with harbour works under a licence granted in
accordance with the Explosives (Jersey) Law, 1970, as
amended.
NOTICE TO BE GIVEN TO THE HARBOUR MASTER
23C.-(1) The master of an explosives ship shall
give 48 hours’ notice to the Harbour Master or such notice as is reasonable
in the case of a voyage of less than 48 hours before the ship enters the
harbour.
(2) The
owner or master of an explosives ship shall before entering the harbour inform
the Harbour Master of the quantity by weight of explosives carried in the ship.
LIMIT ON THE QUANTITY OF EXPLOSIVES
23D. Before allowing
an explosives ship to enter the harbour the Harbour Master shall ensure that
the total quantity of explosives carried does not exceed 30,000 pounds (13,600
kg.) and that the consignment for unloading in the harbour corresponds with the
types and quantities listed in the import licence as issued by the Defence
Committee in accordance with Article 2 of the Explosives (Jersey) Law, 1970.
BERTHING OF AN EXPLOSIVES SHIP
23E.-(1) The master of every explosives ship
shall anchor or moor the ship at such place as the Harbour Master may from time
to time direct, and shall not, without the permission of the Harbour Master,
remove the ship therefrom except for the purpose of leaving the harbour.
(2) No
explosives ship shall be anchored or moored at any place other than one
approved by the Harbour Master
(3) The
master of every explosives ship shall provide and have available for immediate
use adequate towing ropes or wires at bow and stern properly turned up and
secured to mooring bits and having the towing eyes passed outboard and
maintained to about water level.
(4) The
master of every explosives ship shall, on nearing the harbour, and during the
time that the ship remains in harbour, display by day, the International Code
Flag “B” which shall not be less than three feet square, and by
night a red light in a position above any other light which the vessel may
display.
(5) Only
one explosives ship shall enter or remain in the harbour at any one time.
(6) Explosives
ships shall only berth in the harbour at the following times during the given
periods: -
(a) 1st
October to 31st March – 30 minutes before sunrise to 0900 hrs. local
time;
(b) 1st
April to 30th September – 30 minutes before sunrise to 0800 hrs. local
time.
LOADING AND UNLOADING PROCEDURES
23F.-(1) No explosives shall be loaded from or
unloaded at any berth other than a berth designated for that purpose by the
Harbour Master.
(2) The
master of an explosives ship shall designate an officer of that ship who shall
have the duty to supervise and be present throughout the loading or unloading
from the ship of any explosives and the master shall inform the Harbour Master
of the name of the officer who has been designated for this purpose.
(3) No
person under the influence of drink or drugs to such an extent that his actions
are not under proper control shall be allowed into the hold of any ship into or
out of which any explosives are being loaded or unloaded or to approach any
such explosives while they are being loaded or unloaded into or out of any such
ship.
(4) No
explosives or package containing explosives shall be thrown down or roughly
handled and when any explosives or package containing explosives is being
loaded due precaution shall be taken to prevent its falling.
(5) No
explosives shall be placed on any quay until the vehicle by which they are to
be removed therefrom is at the place in readiness to receive them.
(6) When
the loading or unloading of explosives has been commenced, such loading or
unloading shall proceed with due diligence.
(7) The
quay, the hold of any explosives ship and the floor of any vehicle into or from
which explosives have been or are to be loaded or unloaded shall be carefully
cleaned and swept immediately before and after such loading or unloading.
(8) If
any explosives shall be spilt or escape from the package in which they are
contained such explosives shall immediately be carefully collected and
deposited in a safe and secure place. The occurrence shall be reported forthwith
to the Harbour Master by the officer charged under paragraph (2) above with the
supervision of the loading or unloading.
(9) Adequate
steps shall be taken by the Harbour Master to ensure that, during the loading
or unloading of explosives, no unauthorised persons shall enter a defined area
in the vicinity of such loading or unloading.
(10) Subject
to the direction of the Harbour Master, the officer charged under paragraph (2)
above shall not permit the loading or unloading of explosives in weather conditions
which are likely to give rise to any danger. In particular the handling of
explosives shall cease when an electrical storm is in progress within five
miles of the harbour entrance. All hatches in the ship shall be battened down.
(11) The
officer charged under paragraph (2) above shall ensure that detonators are
loaded or unloaded from the ship separately from other types of explosives. At
the same time he shall ensure that detonators are not loaded or unloaded whilst
a radar signal is being emitted within a radius of 100 feet of the detonators.
PRECAUTIONS AGAINST FIRE AND EXPLOSION
DURING LOADING AND UNLOADING
23G. (a) On the explosives
ship –
(i) in
a ship containing any explosives no matches other than safety matches shall be
kept for use and such safety matches shall be kept in a safe place apart from
such explosives;
(ii) before
the loading or unloading of any explosives into or from any ship is begun, and
throughout the time that such loading or unloading continues, the master of
that vessel shall, after consulting where necessary the Harbour Master, ensure
so far as he is able that all due precautions are taken to prevent the risk of
fire or explosion arising in the course of such loading or unloading;
(iii) during
the loading or unloading of any explosives into or from any ship, that ship
shall have its fire fighting appliances on board readily available for use;
(iv) during
the loading or unloading of any explosives into or from any ship there shall be
no artificial lights on board that vessel other than the ship’s permanent
lighting installation;
(v) except
with the permission of the Harbour Master no bunkering shall take place during
the loading or unloading of any explosives into or from that ship nor at any
time when the hatches of the explosives storage compartments are off;
(vi) no
repair work of any kind shall be carried out at or near any place in a ship in
which explosives are being stowed.
(b) On
the quay –
(i) whilst
any explosives are being loaded into or unloaded from any ship all persons
engaged in such loading or unloading shall take all due precautions to prevent
unauthorised persons having access to the explosives and shall abstain from any
act which is not reasonably necessary for the purposes of such loading or
unloading and which could lead to a fire or explosion being caused and shall
use every reasonable endeavour to prevent any other person from committing any
such act;
(ii) no
person shall when at or near a place where any explosives are being loaded into
any ship or vehicle or unloaded from any vessel or vehicle smoke or have about
his person any match or means of striking a light. The Harbour Master shall
ensure that a notice drawing attention to this restriction shall be exhibited
near where the explosives are being loaded or unloaded;
(iii) any
fork lift truck or other mechanical equipment used for loading or unloading
explosives shall be of a type not likely to give rise to accidental ignition of
the explosives;
(iv) the
Harbour Master shall ensure that adequate and properly tested fire fighting
facilities are provided in the vicinity of any ship loading or unloading
explosives and that a States’ Fire Service appliance is present on the
quay during the loading or unloading of explosives;
(v) no
repair work of any kind shall be carried out to the quay or to equipment on the
quay within 200 feet of the place at which explosives are being loaded or
unloaded;
CONVEYANCE OF EXPLOSIVES BY ROAD
23H.-(1) Explosives once unloaded on a quay in
the harbour shall be forthwith removed therefrom in accordance with a
conveyance licence issued by the Defence Committee under Article 6 of the
Explosives (Jersey) Law, 1970, as amended.
(2) Before
any explosives are brought into the harbour for loading into an explosives ship
the owner of the explosives shall notify the Harbour Master of the nature and
the quantity of the explosives together with the estimated date of re-shipment.
In turn the Harbour Master will provide berthing arrangements for the
explosives ship.
(3) No
explosives shall be brought into the harbour for shipment until the explosives
ship onto which those explosives are to be loaded is berthed in the harbour and
the explosives shall be loaded on that ship forthwith.
FACILITIES FOR INSPECTION
23l. The master
of an explosives ship shall when so required by the Harbour Master or other
officer duly authorised by the Committee afford every reasonable facility to
enable such officer to ascertain whether the requirements of this Part of these
Regulations are carried out.
TECHNICAL ADVICE
23J. The Harbour
Master shall, if he considers it necessary, consult with the appropriate
officer of the Defence Committee to obtain technical advice regarding the
practical handling and effects of explosive materials and shall liaise with
that officer regarding the requirements of the Explosives (Jersey) Law, 1970, as amended.
POWER TO GRANT EXEMPTION
23K. The Committee may
at its absolute discretion grant exemption from the operation of any of the
provisions of this Part of these Regulations provided it has obtained approval
in principle to the exemption from the Defence Committee having regard to that
Committee’s obligations to safeguard the interests of the public under
paragraphs (2) and (3) of Article 2 of the Explosives (Jersey) Law, 1970, as amended.
PENALTIES
23L. In the event of
any contravention of this Part of these Regulations the owner and master of any
explosives ship on or in relation to which the contravention occurs and, except
in the case of a contravention in respect of the mooring of an explosives ship,
the owner of any explosives in respect of which the contravention occurs, shall
each be guilty of an offence and shall be liable to a fine not exceeding one
hundred pounds for each offence and ten pounds for each day during which the
offence continues and forfeiture of all or any part of the explosives of which
the breach has taken place:
Provided that it shall be a good defence –
(a) if
the proceedings are against the owner or master of an explosives ship for an
offence in respect of the loading or unloading of explosives, to prove that all
reasonable means were taken by the master to prevent the commission of the
offence, and that the offence was not caused or facilitated by any act or
neglect on the part of the owner or any person engaged or employed by the owner
or master; and
(b) if
the proceedings are against the owner of explosives for an offence in respect
of the loading or unloading thereof or in respect of any failure to observe
precautions required to be observed with respect to explosives ships whilst in
the harbour, to prove that the offence was not caused or facilitated by any act
or neglect on his part or on the part of any person engaged or employed by him.
INTERPRETATION OF PART IVA
23M. In this Part of these
Regulations –
‘berth’ means any place at which a vessel might lie;
‘explosives’
means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting powders,
fulminate of mercury or of other metals, and every other substance, whether
similar to those above-mentioned or not, used or manufactured with a view to
produce a practical effect by explosion or a pyrotechnic effect, and includes
fuses, rockets, detonators, and every adaptation or preparation of an explosive
as above defined;
‘explosives
ship’ means any ship or vessel having on board or about to take on board
a cargo of explosives;
‘vehicle’
includes any carriage or articulated trailer used for the conveyance of goods
by road.”
2. These
Regulations may be cited as the Harbours (Amendment No. 10) (Jersey)
Regulations, 1979 and shall come into force on the first day of May, 1979.
E.J.M. POTTER,
Greffier of the States.