(1)
| (a) |
Subject to subregulation (4), the shipper must provide the owner or master with appropriate cargo information sufficiently in advance of loading so as to enable them to ensure that— |
| (i) |
the different commodities to be carried are compatible with each other or suitably separated; |
| (ii) |
the cargo is suitable for the ship; |
| (iii) |
the ship is suitable for the cargo; and |
| (iv) |
the cargo can safely be stowed and secured on board the ship and transported under all expected conditions during the intended voyage. |
| (b) |
The cargo information must include— |
| (i) |
in the case of general cargo and cargo carried in cargo units, a general description of the cargo, the gross mass of the cargo or cargo units and any relevant special properties of the cargo; |
| (ii) |
in the case of bulk cargoes, information on the stowage factor of the cargo, the trimming procedures, the likelihood of shifting including angle of repose, if applicable, and any other relevant special properties and, in the case of a concentrate or other cargo that may liquefy, additional information in the form of a certificate indicating the moisture content of the cargo and its transportable moisture limit; |
| (iii) |
in the case of bulk cargoes not classified in accordance with the IMDG Code but having chemical properties that may create a potential hazard, information about the cargo's chemical properties in addition to the information required by subparagraph (ii). |
| (2) |
The cargo information required by subregulation (1) must be confirmed in writing and by appropriate shipping documents before loading the cargo on the ship.* |
| (3) |
In preparing cargo units for carriage by ships, the shipper or the forwarder, as the case may be, must ensure that the gross mass of the units is in accordance with the gross mass declared in the shipping documents. |
| (4) |
Where the shipper does not deliver the cargo to the ship or its agent, the shipper must provide the forwarder with the cargo information required by subregulation (1). |
| (5) |
If the shipper does not deliver the cargo to the ship or its agent, then the forwarder must provide the owner or master with the cargo information required by subregulation (1). |
| (6) |
Every shipper or forwarder commits an offence who— |
| (a) |
fails to provide appropriate cargo information as required by this regulation; |
| (b) |
furnishes cargo information that he or she knows to be false; or |
| (c) |
recklessly furnishes cargo information that is false. |
| (7) |
Every owner or master commits an offence who accepts for carriage, or takes or receives on board, any cargo for which appropriate cargo information as required by this regulation has not been furnished. |
* Reference to writing and documents in this regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation.
Older Persons Act, 2006
