S.L. 499.12 Art. 16Restrictions on handling of dangerous packaged cargoes.

(1) Without prejudice to the provisions of any other regulation contained herein, unless expressly authorised by the

Authority in writing, dangerous packaged cargoes shall not be loaded, discharged, handled or transferred on board any ship in

Grand Harbour or Marsamxett Harbour from sunset to sunrise, nor shall any lighters be allowed to remain or come alongside such a ship during that time.

(2) No lighters shall be allowed alongside, or labour gangs on board a ship carrying dangerous packaged cargoes, until cargo handling is about to begin.

(3) Unless expressly authorised by the Authority in writing, ship’s compartments containing any such dangerous packaged cargoes must remain closed and secured from sunset to sunrise and also during any other period when cargo operations are not being conducted in such compartments.

(4) All handling, procedures and operations carried out on dangerous packaged cargoes shall be in strict accordance with the requirements of the Relevant Instruments (the IMDG Code in particular) and such requirements and precautions must be properly supervised on board and on shore throughout every operation, as described in these regulations.

(5) During the time that dangerous packaged cargoes are handled, no other goods shall be worked in the same compartment or in such a way as to pass over or through the dangerous packaged cargoes working area, or to interfere with the handling of the dangerous packaged cargoes in any manner whatsoever.

(6) A part cargo of dangerous packaged substances must be stowed in such a way as to ensure that all such goods may be discharged first, immediately cargo work commences after the ship’s arrival in port.

(7) Without prejudice to any other prevailing Act or regulations, unless otherwise expressly authorised in writing by the Authority, dangerous packaged cargoes on board a ship being carried in transit for discharge in any subsequent foreign port, shall be stowed in compartments or areas which do not contain goods for discharge in Malta and which are properly and effectively vapour and liquid egress segregated from every other working compartment and area to be used in Malta.

(8) Unless otherwise expressly authorised in writing by the Authority, such compartments containing dangerous packaged cargoes in transit, shall remain closed and secured throughout the whole of the ship's stay in the waters of Malta.

(9) No person may accept for loading or discharging any container containing dangerous cargoes which is leaking or materially damaged.

(10) If any such damaged container is found, the Authority shall be informed by the entity responsible for the container at that time and such container shall be immediately isolated from any other dangerous goods in the vicinity and removed to a distance of at least fifty metres from any open cargo compartment or any other area on board or ashore where hazards relevant to the nature of the contents of the damaged container may exist.

(11) The damaged container shall then, with all prudent haste and in conformance with the safety and pollution prevention requirements of the Relevant Instruments, be temporarily removed to a safe area within the port, as may be determined by the Authority from time to time.

(12) Thereafter the owner of any damaged container must make immediate arrangements at his own risk and expense to have it removed from the port area to a safe place outside the ports or territorial waters of Malta. Such removal procedures and operations shall be conducted within such time and during such periods as may be specified by the Authority, and in a timely, safe and prudent manner in accordance with the requirements of the Relevant Instruments and any other provisions contained in any Act or regulations of Malta. The Authority further retains the right to cause such container to be removed at any other time or by any other means deemed fit, such removal being always at the risk and expense of the owner.

(13) Any person who fails to comply with the provisions relating to the time period and methods by which damaged goods must be removed from the port area, contained in subregulation (12), shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) for each failure to comply with such requirement.

(14) Barges and lighters used for the carriage of substances shall comply with the following requirements:

(a) they shall be made of steel and their construction shall be in accordance with all the requirements of both the Relevant Instruments and these regulations;

(b) all their safety, fire and pollution prevention equipment, procedures and operations, shall be in compliance with and conducted in strict accordance with the requirements of the Relevant Instruments, in particular the IMDG Code;

(c) they shall be suitably rendered to ensure that no risk of spark generation exists when going alongside or leaving a ship, jetty or berth;

(d) at all times when they are carrying substances, or are alongside a ship having substances on board, they shall rig the emergency towing wire as specified in regulation 24(1)(m);

(e) when carrying substances, two or more barges or lighters shall not be towed abreast;

(f) whenever volatile or explosive substances are being loaded from or into barges or lighters alongside a ship, the moorings shall be secured on board the ship or lighter, such that they may be easily and safely slipped in an emergency;

(g) unless it is secured for towing, a barge or lighter on fire should not be let entirely adrift without express instructions from the Authority.

(15) No person shall discharge or deposit any dangerous packaged cargoes within any port area until the transport or carriage by which it is to be removed is at that place in readiness to receive it and all dangerous packaged cargoes landed or deposited shall forthwith be removed from the quay to the ship or from the quay to the duly appointed place of storage, as the case may be.

(16) Any person who fails to comply with the provisions of subregulation (15) shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) for each offence.

(17) Any person who fails to comply with all the other provisions of this regulation, other than subregulations (12) and (15), shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding nine thousand and three hundred and seventeen euro and forty-nine cents (9,317.49) for each offence.