S.I. No. 64/2005 - Rossaveel Fishery Harbour Centre (Explosives) Bye-Laws 2005

1. A ship carrying or due to carry explosives shall dock only at one of the two designated berths indicated on the attached Maps.

2. Fire fighting equipment and precautions, as recommended by the Chief Fire Officer, Galway County Council must be in place for the designated berths.

3. Any facility or building within the limiting distance specified at Paragraph 2 above must be vacated during loading unloading or handling of explosives.

This includes,

Auction Hall, Ticket/passenger terminal offices, Galway and Arran whitefish processing factory and Innishmore Fish Sales building.

The Minister for Justice, Equality and Law Reform sanctions these Bye-Laws.

GIVEN under his Official Seal, this 17th day of January, 2005.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

GIVEN under my Official Seal, this 10th day of February, 2005.

NOEL DEMPSEY,

Minister for Communications, Marine and Natural Resources.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these comprehensive Bye-laws, operative from 10th February 2005, made by the Minister for Communications, Marine and Natural Resources, with the sanction of the Minister for Justice, Equality and Law Reform following publication of a notice of the proposal to make the Bye-Laws (and consideration of objections thereto) is to ensure best practice in the unloading, loading and handling of explosives at two designated piers within Rossaveel Fishery Harbour Centre, Co. Galway, namely Pier 2 - Cargo Berth and the Temporary Explosives Pier.

Contravention of the Bye-Laws is an offence, which, on summary conviction, would entail a fine of not more than €634.87 or imprisonment for a term not exceeding six months, or both.

These Bye-Laws revoke the Fishery Harbour Centre (Rossaveel) Dangerous Goods (Cargoes) Bye-laws 1993 Class 1 — Explosives.

4. The Helipad shall not be used (except in an emergency) during loading, unloading and handling of explosives.

5. No fertiliser, oxidiser or flammable substance shall be stored or handled in the Harbour Centre while a ship containing explosives is at a designated berth.

6. Security precautions and procedures, as advised by the Garda Síochána must be in place for the designated berths.

7. No passenger ship may dock or undock at the designated berth during loading, unloading or handling of explosives.

8. No ship with personnel on board or bulk carriers with dangerous goods, other than a ship carrying or due to carry explosives may be present at the designated berth during loading unloading or handling of explosives.

PART II — SPECIAL CONDITIONS APPLICABLE TO SPECIFIC DESIGNATED BERTHS

A. Temporary Explosives Pier

1.

Explosive Limits

Maximum limit of Explosives permitted

Limiting Distances

Hazard Division

See Paragraph 2 below

1.1

1.2

1.3

Or

Or

1.5

1.6

1,000 Kgs

1,000 Kgs

12,000 Kgs

2.

Limiting Distances

The following minimum limiting distances will be kept from the designated berth to the facilities and vulnerable sites listed. Construction or use of such facilities within the distances mentioned may invalidate the licence. Any such facilities or sites, within the distances mentioned, must be vacated during loading, unloading or handling of explosives, otherwise the explosives limits in the licence are invalid

Category

Facility

Min Distance (M)

Notes

1

Schools, hospitals, institutions, places of worship, leisure facilities or places where public congregate

150

2

Buildings of vulnerable construction

225

3 Storeys or more in height with extensive glass/light cladding

3

Residential property (normal density)

113

Conventional brick/block construction (Average 4 pers/ per house)

4

Residential property (high density)

150

5

Public Houses

113

6

Factories using docks

112

Using dock facilities regularly for movement of goods (<50 pers)

7

Factories not using docks

150

8

Refineries (Other than storage only)

150

9

Petrol/Oil/Gas Bulk Storage

56

If fully bunded to 110% volume

10

Dock canteens/ workshops

113

N.B. See condition 3 below

11

Dock offices, customs offices etc

113

N.B. See condition 3 below

12

Passenger Terminal, passenger ships embarking/ disembarking

113

N.B. See condition 7 Part 1 above

13

Open areas over which passengers pass during transit to/from ship

56

14

Tankers for Petrol/LPG/ LNG

113

Unless empty/inerted

15

Tankers for Petrol/LPG/ LNG

150

Discharging/loading N.B. See condition 3 Part 1 above

16

Ships — non dangerous cargo

75

Resident persons on board N.B. See condition 8 Part 1 above

17

Bulk Carriers — dangerous goods

145

N.B. See condition 8 Part 1 above

18

Lock Gates

56

Vital to Port

19

Transit Sheds — dangerous goods

75

20

Transit Sheds — Highly flammable goods

113

21

Transit Sheds — Inert Goods

113

Manned only

22

Roads (1000-5000 vehicles/day)

56

Access and “B” secondary type

23

Roads (>5000 vehicles/ day)

75

“A” main type

24

Rail mainline

56

25

Personnel in open

75

Not involved in explosives shipment

9. (1) A person handling or in charge of explosives at a designated berth shall take all reasonable precautions to secure the explosives against explosion, loss, theft or misuse and shall comply with any directions given to him or her for that purpose by the Explosives Officer or member of the Garda Síochána who is present.

(2) Persons at a designated berth shall—

(

a

) take all reasonable precautions to prevent fire at the designated berth,

(

b

) in the event of fire, raise the alarm immediately by calling the Fire Brigade, the Garda Síochána and the Harbour Master,

(

c

) take such immediate measures as are open to the person to fight, control and extinguish any fire at the designated berth, and

(

d

) obey any directions of a member of the Fire Brigade Explosives Officer or Harbour Master in relation to a fire at the designated Berth and provide all such assistance in fighting the fire as is reasonable in the particular circumstances.

(3) A person who contravenes paragraph (1) or (2) shall be guilty of an offence.

Putting explosives in charge of another approved person

10. (1) The person who is in charge of any explosive may only, with the consent of the Explosives Officer, put it into the charge of another suitable person at a designated berth and he or she shall obtain from that other person a written receipt for the explosive which shall be countersigned by the Explosives Officer. Notwithstanding any change in the person in charge of the explosive, the duties of the Explosives Officer in respect of such explosive shall continue until the explosive has left the Harbour Centre.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

Reporting of certain occurrences in relation to explosives

11. (1) Where explosives on or in a ship at a designated berth fall into the sea or are lost, the master of the ship, and where explosives on the designated berth fall into the sea or are lost, the person in charge of the explosives shall forthwith—

(

a

) report the occurrence to the Explosives Officer who shall in turn report the occurrence to the Harbour Master,

(

b

) take such steps subject to the directions of the Harbour Master and Explosives Officer, as are reasonably practicable to recover the explosives,

(

c

) if a member of the Garda Síochána is present at the designated berth, inform that member of the occurrence,

(

d

) if a member of the Garda Síochána is not so present, inform the member of the Garda Síochána in charge at Salthill District Garda Síochána Headquarters.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

Duties of master of ship at designated berth

12. (1) The master of a ship at a designated berth shall ensure that—

(

a

) a competent person is present at all times when a magazine, hold or compartment of, or other place in, the ship containing explosives is open,

(

b

) only persons whose duties so require are permitted access to such a magazine, hold, compartment or other place,

(

c

) such magazine, hold, compartment or other place is secured against unauthorised entry at all times,

(

d

) a record is kept of explosives loaded or unloaded onto or from the ship,

(

e

) packages containing explosives are not opened on board the ship, except in case of necessity,

(

f

) such a magazine, hold, compartment or other place is not opened except for the purpose of loading or unloading explosives onto or from the ship or for any other essential purpose.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

Prohibition on loading, etc., of explosives in certain circumstances

13. (1) Explosives shall not be:—

(

a

) brought to a designated berth for loading onto a ship unless the ship is suitable, prepared and ready for such loading, or

(

b

) unloaded from a ship at a designated berth unless they are unloaded onto a vehicle and the vehicle is suitable, prepared and ready for such unloading, or

(

c

) subject to paragraph (

d

), loaded or unloaded onto or from a ship at the designated berth between sunset and sunrise.

(

d

) paragraph (

c

) shall not apply if the Harbour Master has given his or her prior consent in writing to such loading or unloading.

(2) Where any loading or unloading referred to in paragraph (1) has commenced, it shall proceed with due diligence.

(3) (

a

) Where there is a contravention of paragraph (1)(

a

), the person who is in charge of the explosives and the Explosives Officer shall each be guilty of an offence.

(

b

) Where there is a contravention of paragraph (1)(

b

) the master of the ship concerned and the Explosives Officer shall each be guilty of an offence.

(

c

) Where there is a contravention of paragraph (1)(

c

) the master of the ship concerned, the Explosives Officer and the person in charge of the vehicle concerned, where relevant, shall be guilty of an offence.

Control of vehicles for carrying explosives

14. (1) A vehicle arriving at or departing from a designated berth for the purpose of loading or unloading explosives shall comply with the directions of the Explosives Officer and the Harbour Master.

(2) The Explosives Officer shall ensure that the minimum number of vehicles required for the efficient loading or unloading of explosives onto or from a ship are present at the designated berth at the same time.

(3) The driver or other person in charge of any vehicle by which explosives are to be conveyed to or from a designated berth shall ensure that the vehicle is suitable for the purpose and that the floor and interior thereof are in a sound and clean condition.

(4) Each vehicle on a designated berth shall be equipped with a fire extinguisher of type and size suitable for extinguishing any fire in the vehicle other than a fire involving explosives or likely to involve explosives.

(5) Where there is a contravention of paragraph (1), (3 or (4), the driver or other person in charge of the vehicle concerned shall be guilty of an offence.

Requirements in relation to protected area

15. (1) When a ship carrying explosives or to be loaded with explosives at a designated berth docks at the designated berth—

(

a

) the Harbour Master shall indicate the protected area at the designated berth by means of a Public Notice, in accordance with paragraph (7), displayed at the Harbour Centre and shall ensure that the protected area is free of litter and waste of any kind, and

(

b

) the master of the ship concerned shall indicate the protected area on the ship.

(2) A person shall not smoke or display an exposed flame in a protected area.

(3) A person shall not bring into a protected area matches, a cigarette lighter or an unapproved torch.

(4) A person shall not wear footwear with metal nails metal heels or exposed metal tips of any kind in or near a protected area.

(5) A person unless authorised to do so by the Explosives Officer shall not enter or bring a vehicle into a protected area.

(6) A person who contravenes paragraph (2), (3), (4) or (5) shall be guilty of an offence.

(7) The Public Notice referred to in paragraph (1)(

a

) shall be in the following terms

“IMPORTANT PUBLIC NOTICE

“This is a Protected Area”

(1) Entry by persons or vehicles into this area is prohibited except by persons and vehicles authorised by the Explosives Officer.

(2) Smoking or any exposed flame in this area, is prohibited. A person shall not bring matches, a cigarette lighter or an unapproved torch into this area.

(3) Footwear with metal nails, metal heels or exposed metal tips of any kind shall not be worn by any person in or near this area.

PERSONS ACTING IN CONTRAVENTION OF THIS NOTICE ARE IN BREACH OF THE ROSSAVEEL FISHERY HARBOUR CENTRE (EXPLOSIVES) BYE-LAWS 2005 AND WILL BE PROSECUTED AND LIABLE ON CONVICTION TO A FINE NOT EXCEEDING €634.87 OR IMPRISONMENT FOR NOT MORE THAN 6 MONTHS OR BOTH.

Signed

_____________________

HARBOUR MASTER,

ROSSAVEEL FISHERY HARBOUR CENTRE”.

Prohibition on bringing an electro-explosive device onto a designated berth in certain circumstances

16. (1) A person shall not bring an electro-explosive device, that is to say, a one-shot explosive or pyrotechnic device caused to function by the application of electrical energy, onto a designated berth unless he or she has the approval of both the Harbour Master and the Explosives Officer, and unless it is so constructed and packed as to be safe for carriage, that is to say, safe in a field of 10 watts per square metre for frequencies between 30 megahertz and 790 megahertz and in a field of 100 watts per square metre outside of those frequencies.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

Requirements in case of breakages of packages, etc., containing explosives

17. (1) When a package or other container containing explosives breaks open or explosives escape from their package or other container at a designated berth or on or in a ship at a designated berth—

(

a

) the person in charge of the explosives shall immediately inform the Explosives Officer, the Harbour Master, a member of the Garda Síochána present or if no such member is present, the member of the Garda Síochána in charge at Salthill District Garda Síochána Headquarters and the Fire Brigade;

(

b

) the Explosives Officer shall—

(i) cause all loading and unloading of explosives at the designated berth to be stopped immediately,

(ii) ensure that all persons at the designated berth or at a place within 100 metres of the package or other container and not required there for safety purposes, are evacuated from the designated berth or place,

(iii) collect and repack or dispose of the explosives in accordance with best current practice,

(iv) if he or she considers it necessary to do so consult with such persons, as are immediately available and he or she considers appropriate,

(v) make a record of any deficiency in the quantity of recovered explosives, and notify a member of the Garda Síochána and the Harbour Master immediately.

(2) (

a

) A person who contravenes paragraph (1) (

a

) shall be guilty of an offence.

(

b

) An Explosives Officer who contravenes paragraph (1)(

b

) shall be guilty of an offence.

Marking and protection of fire-prevention and fire-fighting equipment

18. (1) The Harbour Master shall ensure that fire-prevention and fire-fighting equipment at a designated berth shall be clearly marked and shall be so positioned as to ensure that vehicles or cargo parked or stored on the designated berth do not cover, conceal or impede access to that equipment.

(2) A person who covers, conceals or impedes access to the equipment referred to in paragraph (1) shall be guilty of an offence.

Duties of Harbour Master in relation to fire-prevention and fire-fighting

19. (1) The Harbour Master shall organise and supervise any action to be taken by the persons at a designated berth at the request of the Fire Brigade in the event of fire at or in the vicinity of the designated berth, or in or on a ship at or in the vicinity of the designated berth, and shall be responsible for and shall put in place appropriate fire-prevention and fire-fighting measures.

(2) Without prejudice to the generality of paragraph (1) the Harbour Master shall ensure that—

(

a

) adequate and serviceable fire-fighting equipment is available at the designated berth during loading and unloading of explosives,

(

b

) all persons required to use the fire-fighting equipment at the designated berth are aware of the loacation of the equipment and method of operation,

(

c

) in the event of a fire at the designated berth persons not required for fire-fighting or safety purposes are evacuated from the designated berth,

(

d

) measures and equipment proposed to be employed at the designated berth to prevent, control and extinguish fires are brought to the attention of the Chief Fire Officer of Galway County Council for his recommendations and advice.

Deteriorated explosives

20. (1) A person in charge of explosives within the Harbour Centre who becomes aware of a deterioration in the condition of the explosives, or of any other change in relation thereto, that might significantly increase the risks associated with their transportation and handling at a designated berth shall notify immediately—

(

a

) the Explosives Officer, who in turn shall inform the Harbour Master,

(

b

) a member of the Garda Síochána present at the designated berth or, if there is no such member present, the member of the Garda Síochána in charge at Salthill District Garda Síochána Headquarters and

(

c

) the Fire Brigade,

of the deterioration or other change.

(2) A person who contravenes paragraph (1) shall be guilty of an offence.

Records

21. (1) The Explosives Officer shall keep a record of all explosives unloaded and loaded at a designated berth and shall furnish a copy of said record to the Harbour Master immediately after such unloading and loading has been completed.

(2) The record required under paragraph (1) shall include particulars of the type, quantity and condition of such explosives, their origin, destination and owner, time and date of loading and unloading, name of ship, master of ship and identification of vehicle or vehicles used.

(3) Records kept under this Bye-Law shall be preserved for not less than 5 years after the end of the year to which they relate and shall be made available for inspection on request to a member of the Garda Síochána and to the Harbour Master.

Enforcement

22. (1) The Harbour Master shall be responsible for enforcing these Bye-Laws.

(2) The Explosives Officer shall—

(

a

) bring these Bye-laws to the attention of all persons who are engaged in the loading and unloading of explosives onto or from a ship or vehicle at a designated berth, and

(

b

) inform a member of the Garda Síochána who is present and the Harbour Master immediately of any contravention of the Bye-Laws that comes to the notice of the Explosives Officer.

Offences

23. (1) Where an offence under these Bye-laws is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who when the offence was committed was a director, manager secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence.

(2) Proceedings in relation to an offence under these bye-laws may be brought and prosecuted by the Minister for Justice Equality and Law Reform or the Harbour Master.

FIRST SCHEDULE

Bye-Law 3

Hazard Divisions of explosive Substances and Articles

Hazard Division

Explosive Substances and Articles

(1)

(2)

1.1

Substances and articles which have a mass explosion hazard (A mass explosion is one, which affects almost the entire load virtually instantaneously).

1.2

Substances and articles which have a projection hazard but not a mass explosion hazard.

1.3

Substances and articles, which have a fire hazard and either a minor projecton hazard or both, but not a mass explosive hazard. This Division comprises substances and articles

(

a

) which give rise to considerable radiant heat,

or

(

b

) which burn one after another, producing minor blast or projection affects or both.

1.4

Substances and articles which present no significant hazard. This Division comprises substances and articles that present only a small hazard in the event of ignition or initiation during transport. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire must not cause virtually instantaneous explosion of almost the entire contents of the package.

1.5

Very insensitive substances that have a mass explosion hazard. This Division comprises substances which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport.

1.6

Extreme insensitive articles which do not have a mass explosion hazard. This Division comprises articles which contain only extremely insensitive detonating substances and which demonstrate a negligible probability of accidental initiation or propagation.

SECOND SCHEDULE

Bye-Laws

3

,

5

and

6

Common Compatibility Groups of Explosive Substances and Articles

(For full list see UN Manual ISBN 92-1-139067-2)

Substance or article

Compatibility Group

Classification code

(1)

(2)

(3)

Primary explosive substance.

A

1.1A

Article containing a primary explosive substance and not containing two or more effective protective features.

B

1.1B

1.2B

1.4B

Propellant explosive substance or other deflagrating explosive substance or article containing such explosive substance.

C

1.1C

1.2C

1.3C

1.4C

Secondary detonating explosive substance or black powder or article containing a secondary detonating explosive substance, in each case without means of initiation and without a propelling charge, or article containing a primary explosive substance and having two or more protective features.

D

1.1D

1.2D

1.4D

Article containing a secondary detonating explosive substance with its own means of initiation, with a propelling charge (other than one containing a flammable liquid or gel of hypergolic liquids) or without a propelling charge.

F

1.1F

1.2F

1.3F

1.4F

Pyrotechnic substance, or article containing a pyrotechnic substance, or article containing both an explosive substance and an illuminating, incendiary, tear or smoke-producing substance (other than a water-activated article or one which contains white phosphorus, phosphides, a pyrophoric substance, a flammable liquid or gel or hypergolic liquids.

G

1.2G

1.3G

1.4G

Substance or article so packed or designed that any hazardous effects arising from any accidental functioning are confined within the package unless the package has been degraded by fire; in which case all blast or projection effects are limited to the extent that they do not significantly hinder fire fighting or other emergency response efforts in the immediate vicinity of the package.

S

1.4S

THIRD SCHEDULE

Bye-Law 5

PART I — SPECIAL CONDITIONS APPLICABLE TO ALL DESIGNATED BERTHS

STATUTORY INSTRUMENTS.

S.I. No. 64 of 2005

.

ROSSAVEEL FISHERY HARBOUR CENTRE (EXPLOSIVES) BYE-LAWS 2005.

S.I. No. 64 of 2005

.

ROSSAVEEL FISHERY HARBOUR CENTRE (EXPLOSIVES) BYE-LAWS 2005.

ARRANGEMENT OF BYE-LAWS

1.

Citation, commencement and revocation

.

2.

Application

.

3.

Interpretation

.

4.

Designated berths

.

5.

Maximum quantities of explosives permitted at designated berth

.

6.

Dwell time of explosives at designated berth

.

7.

Duty of master or agent of ship to notify Harbour Master, etc., of expected time of arrival

.

8.

Explosives Officer

.

9.

General precautions to be taken at designated berth

.

10.

Putting explosives in charge of another approved person

.

11.

Reporting of certain occurrences in relation to explosives

.

12.

Duties of master of ship at designated berth

.

13.

Prohibition on unloading, etc., of explosives in certain circumstances

.

14.

Control of vehicles for carrying explosives

.

15.

Requirements in relation to protected area

.

16.

Prohibition on bringing an electro-explosive device onto a designated berth in certain circumstances

.

17.

Requirements in case of breakages of packages, etc., containing explosives

.

18.

Marking and protection of fire-prevention and fire-fighting equipment

.

19.

Duties of Harbour Master in relation to fire-prevention and fire-fighting

.

20.

Deteriorated explosives

.

21.

Records

.

22.

Enforcement

.

23.

Offences

.

FIRST SCHEDULE

Hazard Divisions of Explosive Substances and Articles

SECOND SCHEDULE

Compatibility Groups of Explosive Substances and Articles

THIRD SCHEDULE

Part I Special Conditions applicable to all designated berths

Part II Special Conditions applicable to specific designated berths

(

A

)

Temporary Explosives Pier

(

B

)

Pier 2— Cargo Berth

S.I. No. 64 of 2005

.

ROSSAVEEL FISHERY HARBOUR CENTRE (EXPLOSIVES) BYE-LAWS 2005.

I, NOEL DEMPSEY, Minister for Communications, Marine and Natural Resources, in exercise of the power conferred on me by Sections 34, 38 and 39, of the Explosives Act, 1875, as adapted, hereby, with the sanction of Michael McDowell, Minister for Justice, Equality and Law Reform make the following Bye-Laws for Rossaveel Fishery Harbour Centre.

Citation, commencement and revocation