| 5.1 |
Except as otherwise provided for in this Chapter, ships with explosives on board in transit by sea for a port outside the Republic may not enter any port in the Republic. |
| 5.2 |
Ships with explosives on board for destinations in the Republic or for transportation through the Republic to a neighbouring territory shall discharge such explosives at the first port of call of the ship. |
| 5.3 |
The representative in the Republic of the ship carrying explosives, shall arrange for extracts of the particulars of the explosives contained in the ship’s manifest, to be sent by airmail from the country of origin, and, immediately upon receipt of the extract, four copies shall be sent by airmail to the Chief Inspector of Explosives, P.O. Box 4570, Johannesburg, so as to reach him not less than 14 days before the expected arrival of the explosives in the Republic, two copies to the System Manager (South African Railways Administration), one copy to the port captain and one copy to the port goods superintendent at the first Republic port of call of the vessel. |
| 5.4 |
The master of every ship having explosives, other than its own supplies of signalling and life-saving equipment on board shall, immediately upon the ship’s arrival at a harbour, give notice to the port captain of the nature, quantity and destination of such explosives. |
| 5.5 |
The master of every ship having explosives on board shall anchor or berth the ship only in such a position as has been assigned to the ship by the port captain. |
| 5.6 |
The master of every ship having explosives on board shall, whilst the ship is within the limits of the harbour, keep conspicuously exhibited at the fore, by day, a red flag (B. International Code), and in addition to the lights ordinarily required by night and in such a position as to be above them, a red light showing a clear uniform unbroken light all round the horizon visible on a clear night at a distance of one kilometre from such ship. |
| 5.7 |
Ships with explosives on board shall, when berthed alongside a wharf, have a fireman in constant attendance, the cost thereof to be borne by the ship as provided by the Harbour Regulations framed under section 3 of the Railways & Harbours Control and Management (Consolidation) Act, No. 70 of 1957. |
| 5.8 |
No explosives shall be discharged except-- |
| a) |
under the direction and superintendence of the port captain or his authorised deputy whose orders shall be implicitly obeyed; |
| b) |
on production by the ship’s agent of the permit provided for in section 8 of the Act; |
| c) |
on production of a certificate, on oath, of a duly qualified chemist, to the effect that the explosives have been shipped in good order and condition, packed and labelled in accordance with the regulations of the Republic of South Africa and are safe to be shipped through the tropics and handled in a warm climate; in the case of explosives of a nature requiring the application of the Abel Heat Test, the certificate shall state further that no ingredient, capable of masking such a test, is present in the explosives; and |
| d) |
on production of the permit authorising the transfer of the explosives, issued in terms of regulation 6.1.1 of these regulations, if the explosives are shipped from one port of the Republic to another. |
| 5.9 |
Ships with explosives on board may, at the discretion of the port captain, be brought alongside a wharf specified by him for discharge: Provided that-- |
| a) |
the work of discharging is carried out as expeditiously as possible from one hold at a time, due regard being given to safety; |
| b) |
a hold containing explosives is opened only when discharging from that hold is about to begin; |
| c) |
whilst explosives, except ammunition of Groups (transportation) 5, 6, 7, 7A, 8, 9, 11, 12, 13 and 15, are being loaded into or discharged from a hold no other work shall be performed on board the ship without the written authority of the port captain; |
| d) |
the ship keeps main engines ready to move the ship from the wharf at any time; |
| e) |
a fireman with stand pipe and hose connected stands by the whole time and, if the pressure on the mains is insufficient, he stands with chemical extinguishers ready for immediate use; and |
| f) |
a gangway is provided at or near the hold being worked, for the sole use of the fireman and those persons directly concerned with the discharging of the explosives. |
| 5.10 |
No explosives shall be shipped from, discharged at, brought to, or deposited upon any wharf or place except such place as the port captain or his authorised deputy shall from time to time direct and such wharf or place shall be barricaded off to the satisfaction of the port captain or his authorised deputy and the quantity of explosives to be conveyed to and allowed on such wharf or place shall be regulated by the port captain or his authorised deputy; no other goods or articles shall be handled in such wharf or place at the same time with explosives, and no persons other than those actually engaged in or superintending the work of loading or unloading shall be allowed within the barricades. |
| 5.11 |
During the time a ship is loading or discharging explosives no other ship shall approach within 30 metres of the side of the ship. |
| 5.12 |
During the loading or unloading of explosives there shall be no naked lights or fires on board the ship, nor shall artificial lights be allowed at the open hatches or in the hold in which explosives are stowed or within the barricades referred to in regulation 5.10: Provided that-- |
| a) |
this regulation shall not prevent the use of a safety lamp of a construction approved by an inspector of explosives nor shall this regulation prevent the employment of an artificial light or ship’s signal lights which in the opinion of the port captain are constructed and disposed in such a manner as to prevent any risk of fire or explosion; and |
| b) |
this regulation shall not be held to apply to engine-room fires when the same have been previously carefully banked. |
| 5.13 |
Explosives shall not be loaded or unloaded between sunset and sunrise, except with the written permission of and subject to any conditions which may be imposed by the port captain. |
| 5.14 |
No person shall smoke in or within 30 metres of the hold of a ship that is being loaded or unloaded or within the barricades referred to in regulation 5.10 nor shall any person, whilst engaged in handling explosives, carry matches or any other means of producing ignition, or wear boots or shoes with steel or iron heels, tips or exposed nails of any kind. |
| 5.15 |
All persons on board the ship or within the barricades referred to in regulation 5.10 shall, during the loading and unloading of explosives, abstain from any act whatsoever which might tend to cause either a fire, ignition or explosion. |
| 5.16 |
Packages containing explosives shall not be dragged or rolled, but such packages shall be carefully lifted, deposited or stowed, and shall not be thrown or dropped when handled. All ship’s and stevedoring gear used shall be of a suitable nature for the safe handling of explosives.When wharf cranes or ships loading/discharging gear are not available, packages shall be landed from ship to shore or loaded from shore to ship by being passed from hand to hand. |
| 5.17 |
In the event of any packages of explosives being found to be leaking or damaged, either before or after breaking bulk, the fact shall immediately be reported to the port captain, and such packages shall not be discharged or destroyed without the special permission of the Chief Inspector of Explosives. |
| 5.18 |
Any expense incurred in superintendence, provision of watchmen, or any other facility in connection with the handling, loading and unloading of explosives, shall be borne by the owners of the ship or their agents. |
| 5.19 |
Ships having no explosive cargo on board other than the undermentioned, shall be exempted from regulations 5.1, 5.2, 5.6, 5.7, 5.9, 5.10 and 5.11: |
| a) |
Safety fuse, fireworks, fuseheads, fuse igniters, igniter cord, safety cartridges, such other explosives as the port captain may be advised of by the Chief Inspector of Explosives; and |
| b) |
any other explosives not exceeding 25 kilograms net mass stored in a magazine to the satisfaction of the port captain. |
| 5.20 |
Notwithstanding anything to the contrary contained in this Chapter, ships with explosives on board stored in magazines well forward or aft, to the satisfaction of the port captain, and requiring bunker coal or oil fuel, ship’s stores, provisions or water, may, at the discretion of the port captain, be brought alongside a wharf specified by him: Provided that-- |
| a) |
the coal, oil fuel, ship’s stores, provisions or water, as the case may be, are taken on board as expeditiously as possible; |
| b) |
the holds containing explosives are not opened or entered except for inspection and the taking of temperatures and then only under the supervision of the port captain or his authorised deputy; |
| c) |
the ship keeps main engines ready to move the ship from the wharf at any time, should this, in the opinion of the master or the port captain, be necessary; and |
| d) |
a fireman with stand pipe or hose connected stands by the whole time and, if the pressure on the mains is insufficient, he stands with chemical extinguishers ready for immediate use. |
| 5.21 |
Ships of war fitted with proper magazines, to the satisfaction of the port captain, and capable of being flooded, may be exempted from any or all of the regulations of this Chapter. |
Whale-Catchers working from Ports in the Republic
| 5.22 |
Whale-catchers serving a factory within the Republic of South Africa whilst within the port at which such factory is situated shall comply with regulations 5.23, 5.24 and 5.25 but shall be exempted from the provisions of regulations 5.1 to 5.21 inclusive of this Chapter. |
| 5.23.1 |
The whale-catcher shall have fitted in the hold a magazine, to a design approved by an inspector, in which to keep its supply of gunpowder and in the captain’s cabin or gunner’s cabin a special locker in which to keep the percussion caps and friction or time fuses |
| 5.23.2 |
Beneath the gunpowder magazines a wooden tray shall be fitted for use when shells are filled. |
| 5.23.3 |
In the coaming of the hatch a "danger - no smoking" notice approved by an inspector shall be affixed. A licence from an inspector shall be required in respect of the magazine and locker. Application for the licence shall be made to the Chief Inspector of Explosives and shall be accompanied by plans in duplicate of the hold and magazine, as follows: |
| a) |
The plans of the hold, drawn to a scale of 1:50 shall show-- |
| i) |
the situation of the magazine in ground plan, front and side elevations; |
(Note. - The magazine should be so placed that there is ample light for the safe working of the magazine);
| ii) |
the position of any cupboard and tanks in the hold; |
| iii) |
the position of the coaming of the hatch where the "danger - no smoking" notice is to be affixed; and |
| iv) |
the position of any oil tanks in the vicinity of the hold. |
| b) |
The plans of the magazine, drawn to a scale of 1:10 shall show-- |
| i) |
the design and specifications of the proposed magazine; |
| ii) |
that the exterior is covered with heavy gauge galvanised iron; |
| iii) |
that the interior is close-lined with tongued and grooved boarding; and |
| iv) |
that the door is close-fitting and has a brass mortice lock and brass butt hinges. |
| c) |
The application shall contain-- |
| i) |
the name of the harbour and of the factory from or to which the whale-catcher will be working; |
| ii) |
a specimen of the "danger - no smoking" notice to be posted up in the coaming of the hatch; and |
| iii) |
a description of the locker to be used from the percussion caps and fuses, and where it is to be kept. |
| 5.24.1 |
The master of the whale-catcher shall ensure that-- |
| a) |
he is in possession of a valid licence issued by an inspector in respect of the magazine and locker, before he takes on board any explosives and the explosives are kept only in their approved places of storage; |
| b) |
the aforementioned licence is posted up on the inside of the door of the magazine and a copy of this regulation, in both official languages and in that of the ship’s company, printed on linen or other approved material, and in good condition, is posted in a prominent position in the hold in which the magazine is situated; |
| c) |
the magazine and locker are kept locked at all times except when necessarily opened for inspection, issue or taking in supplies; |
| d) |
the magazine and locker are maintained in good condition, are kept scrupulously clean and are used only for the storage of those explosives authorised by the licence; |
| e) |
the notices required to be posted up are maintained in a legible condition; |
| f) |
the keys are available for inspection of the magazine and locker by an inspector, the port captain, or any other person deputed in writing by the port captain; |
| g) |
whilst the magazine contains explosives-- |
| i) |
no naked light or light attached to a trailing cable is taken into or used within the hold; |
| ii) |
no smoking is allowed in the hold; |
| iii) |
no repairs are done inside the hold or to the outside of the vessel round that hold; |
| iv) |
if, whilst at sea, through unforeseen circumstances it becomes necessary to do repairs in or about the bold, the contents of the magazine are removed to a safe place at least six metres away; and |
| v) |
shells are filled only on the wooden tray provided and any spillage is swept tip immediately and thrown overboard; |
| h) |
whilst in harbour and the vessel has explosives on board other than its own supply of pyrotechnic articles used in connection with signalling or life saving-- |
| i) |
code flag B if flown by day, and by night a red light is shown at the masthead or on the triatic stay; |
| ii) |
no tin, canister or other package containing explosives is opened; |
| iii) |
the vessel is not placed in a dry dock or on a slipway without the permission, in writing, of the port captain; and |
| iv) |
the vessel does not remain in the harbour longer than 24 hours without the written permission of the port captain. |
| 5.24.2 |
Any person who fails to comply with any lawful order given by the master in terms of this regulation or who ignores the danger notices posted in terms of this regulation shall be guilty of an offence. |
| 5.25 |
The licence referred to in regulation 5.24.1(a) may be suspended by an inspector or the port captain if, in the opinion of either of them, the conditions of the licence or the regulations are not being complied with. |
General
| 5.26 |
The handling and loading or unloading of explosives shall be subject to such further requirements and restrictions as the port captain may impose from time to time. |
Penalty
| 5.27 |
Any person who by any act or omission commits a breach of any of the regulations of this Chapter, shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment, and the explosive, if any, in respect of which the contravention or non-compliance has taken place, may be forfeited. |
Statistics Act, 1999
