Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Dangerous Goods) Regulations, 1997Part 1 : General1. Definitions |
In these regulations any word or expression given a meaning in the Act has that meaning and, unless the context indicates otherwise—
[Definition deleted by section 3(a) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means approved by the Authority;
means the South African Maritime Safety Authority established by section 2 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);
[Definition substituted by section 3(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
[Definition deleted by section 3(c) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means a road transport tank or freight vehicle, a railway transport tank or freight wagon, a multimodal freight container or portable tank, or an MEGC;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the International Certificate of Fitness referred to in regulation 4 for the Carriage of INF Cargo referred to in paragraph 1.3.2 of the INF Code;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the certificate issued in terms of regulation 4(2)(b);
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means to determine whether goods are dangerous goods or marine pollutants for the purposes of sea transport and is a determination by an appropriate method of whether the goods possess the hazardous characteristics of classes from 1 to 9 of the IMDG Code in accordance with the most hazardous property of the goods and further extends to goods—
| (a) | listed in the IMDG Code; |
| (b) | not specifically listed but falling within the defining criteria for the classes from 1 to 9 of the IMDG Code; and |
| (c) | where there is any cause to suspect that the substance is a marine pollutant as defined by the IMDG Code; |
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the owner of the vessel or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the vessel from the owner of the vessel and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means any statutory body or Authority designated or otherwise recognised as such for any purpose in connection with these Regulations;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means any person, organisation or Government which is entitled to take delivery of a consignment;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means any package or packages, or load of dangerous goods, presented by a consignor for transport;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means any person, organisation or Government which prepares a consignment for transport;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means a container as defined in the International Convention for Safe Containers; and
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
in relation to a provision of these Regulations, includes failing or refusing to comply with that provision;
[Definition inserted by section 3(d) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
[Definition deleted by section 3(c) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
[Definition deleted by section 3(e) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
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; and |
| (c) | harmful substances, as defined in Article II of the International Convention for the Prevention of Pollution from Ships. 1978; |
[Definition substituted by section 3(f) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
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;
means—
| (a) | for a South African vessel - a document of compliance referred to in regulation 4 to carry dangerous goods: or |
| (b) | for a foreign vessel - a document of compliance referred to in regulation 19.4 of Chapter II-2 of the Safety Convention to carry dangerous goods and "certificate of compliance" has a corresponding meaning; |
[Definition inserted by section 3(g) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
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;
means the code for existing ships carrying liquified gassed in bulk;
[Definition inserted by section 3(h) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
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; |
includes the articles and substances specified in Class 1 of the IMDG Code;
means a liquid, or mixtures of liquids, or liquids containing solids in solution or suspension which give off a flammable vapour at or below 60°C closed-cup test, corresponding to 65.6°C open-cup test normally referred to as the "flashpoint" and includes—
| (a) | liquids offered for transport at temperatures at or above their flashpoint; and |
| (b) | substances transported or offered for transport at elevated temperatures in a liquid state which give off a flammable vapour at temperatures equal to or below the maximum transport temperature; |
[Definition substituted by section 3(i) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the person by whom the dangerous goods declaration or marine pollutants declaration and packing certificate are received, and any person responsible for packing the goods into a cargo transport unit, for eventual delivery to a vessel or its agent;
[Definition substituted by section 3(j) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
means IMO Code for Existing Ships Carrying Liquefied Gases in Bulk;
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;
means "liquid waste" as defined in the INF Code;
[Definition inserted by section 3(k) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the International Code for the construction and equipment of ships carrying dangerous chemicals in bulk, as defined in Chapter VII regulation 8.1 of the Safety Convention;
[Definition substituted by section 3(l) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
means IMO International Maritime Dangerous Goods Code;
means the International Maritime Organization;
means the International Maritime Solid Bulk Cargoes Code;
[Definition inserted by section 3(m) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
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;
means—
| (a) | any damage to, failure or breakdown of, a vessel carrying dangerous goods or that— |
| (i) | affects the safety of the vessel, including a collision, grounding, fire explosion, structural failure, flooding, or cargo shifting; or |
| (ii) | results in the impairment of the safety of navigation, including the failure or breakdown of steering gear, propulsion system, electrical generating system or essential shipborne navigational aids; or |
| (b | any occurrence or probable occurrence that results or may result in the dangerous goods being introduced into the sea; |
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes cargo carried as cargo in accordance with Class 7 of the IMDG Code;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium, and High-Level Radioactive Wastes on Board Ships;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the material as defined in the INF Code;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means a substance classified as such in the IMDG Code, or as a noxious liquid substance in the IBC Code, or in any other applicable code;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means a multiple element gas container;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
in relation to a vessel, includes any owner, charterer, manager or agent of the vessel;
[Definition inserted by section 3(n) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the complete product of the packing operation, consisting of the packaging and its contents prepared for transport, and "packaged" has a corresponding meaning;
[Definition substituted by section 3(o) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means one or more approved receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions;
[Definition inserted by section 3(p) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the material as defined in the INF Code;
[Definition inserted by section 3(p) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the International Convention for the Safety of Life at Sea done at London on 1 November 1974, the English text of which is set forth in the Second Schedule as modified by any amendment made under Article VIII of that Convention that has entered into force for the Republic and, after the date on which the Protocol of 1978 relating to the Safety Convention enters into force for the Republic, as also modified by that Protocol;
[Definition inserted by section 3(p) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
includes—
| (a) | where the ship is chartered by demise, the demise charterer; |
| (b) | where the ship is managed by a ship management company, the manager; |
for the purposes of these Regulations, has the same meaning as consignor;
[Definition substituted by section 3(q) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means a vessel having South African nationality in terms of section 3 of the Ship Registration Act, 1998;
[Definition inserted by section 3(r) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]
means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);
means the number allocated to the dangerous substance or article by the United Nations Committee of Experts on the Transport of Dangerous Goods specified in the latest edition of the publication entitled Recommendations on the Transport of Dangerous Goods published by the United Nations Organization.