Special Investigating Units and Special Tribunals Act, 1996
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Dangerous Goods) Regulations, 1997Part 1 : General6. General duties of shipowner, employer and master |
| (1) | Every shipowner and employer of persons aboard a ship and every master of a ship must ensure, as far as is reasonably practicable, that when dangerous goods are being handled, stowed or carried in the ship nothing in the manner in which those goods are handled, stowed or carried is such as might pose a risk to the health or safety of any person. |
| (2) | Without limiting the generality of the shipowner's or employer's or master's duty under subregulation (1)— |
| (a) | the matters to which the duty of the shipowner and the employer extends include, in particular— |
| (i) | the provision and maintenance of the ship's structure, fittings and equipment for handling, stowage and carriage of dangerous goods that is, as far as is reasonably practicable, safe and without risk to health; |
| (ii) | the provision of such information, instruction, training and supervision as is necessary to ensure, as far as is reasonably practicable, the health and safety aboard ship of all employees in connection with the handling, stowage and carriage of dangerous goods in the ship; and |
| (b) | the duty of a master of a foreign ship includes the matters specified in paragraph (a)(i) and (ii). |
| (3) | If a shipowner or employer or master fails to comply with this regulation he or she is guilty of an offence. |
| (4) | It is a good defence to a charge under this regulation in relation to the handling of dangerous goods for a person to show that such handling was carried out in accordance with the latest edition of the South African Ports Cargo Handling Code of Practice referred to in Government Notice No. 753 of 26 May 1995. |
