Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Dangerous Goods) Regulations, 1997

Part 1 : General

1. Definitions

Purchase

In these regulations any word or expression given a meaning in the Act has that meaning and, unless the context indicates otherwise—

"1974 SOLAS Convention"

means the International Convention for the Safety of Life at Sea done at London on 1 November 1974, as amended;

"approved"

means approved by the Authority;

"Authority"

means the Director-General or as respects his or her functions being discharged by another authority or person, that authority or person;

"BCH Code"

means IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

"Bulk Cargoes Code"

means IMO Code of Safe Practice for Solid Bulk Cargoes;

"correct technical name"

means a description of goods sufficient to identify their dangerous properties, including any proper shipping name described in the IMDG Code;

"dangerous goods"

includes—

(a)	goods classified in the IMDG Code or in any other IMO publication referred to in these regulations as dangerous for carriage by sea, and any other substance or goods the properties of which might be dangerous if that substance or those goods were carried by sea;

(b)

empty receptacles and residues in empty tanks or cargo holds that have been used previously for the carriage of dangerous goods, unless such receptacles, empty tanks or cargo holds have been cleaned and dried, purged, gasfreed or ventilated, as appropriate or, in the case of radioactive materials, both cleaned and adequately closed,

but does not include goods forming part of the equipment or stores of the ship in which they are carried;

"dangerous goods declaration"

means a certificate or declaration in writing, signed by the person making it that the shipment offered for carriage is properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code and is in a proper condition for carriage by sea;

"durably marked"

means marked so that the label or other marking in accordance with these regulations is such as to remain identifiable on packages surviving at least three months’ immersion in the sea; and "durable" has a corresponding meaning;

"employee"

means any person, including a master but excluding dock workers or shore-based repair or other workers temporarily employed on board the ship, employed—

(a)	in the deck, engine, radio, medical or catering department of a ship; or

(b)	in the provision of goods, services or entertainment on board;

"explosives"

includes the articles and substances specified in Class 1 of the IMDG Code;

"flammable liquid"

means a liquid the flash point of which is at or below 60°C (closed cup) in respect of bulk cargoes and at or below 61°C (closed cup) in respect of packaged dangerous goods;

"forwarder"

means the person by whom dangerous goods are delivered to a ship or its agent;

"Gas Carrier Code"

means IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

"Gas Carrier Code for Existing Ships"

means IMO Code for Existing Ships Carrying Liquefied Gases in Bulk;

"handling"

includes the operations of loading, unloading and transferring dangerous goods and cleaning, purging, gasfreeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship;

"IBC Code"

means IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

"IGC Code"

means IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;

"IMDG Code"

means IMO International Maritime Dangerous Goods Code;

"IMO"

means the International Maritime Organization;

"in bulk"

means directly and without intermediate form of containment in a hold, tank or cargo space that is a structural part of or permanently attached to a ship;

"package"

means a package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo transport unit containing dangerous goods for shipment, and "packaged" has a corresponding meaning;

"shipowner"