Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Dangerous Goods) Regulations, 1997

Part 1 : General

4. Document of compliance, inspection and certification

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(1)Dangerous goods may not be taken on board a vessel unless the vessel has on board a valid document of compliance, a certificate of compliance or a Certificate of Fitness, issued by the Authority or the competent authority of the country in which the vessel is registered or, in the absence of registration, whose flag it is entitled to fly, to the effect that the spaces in which the goods are to be carried comply with the provisions regarding the special requirements for vessels carrying dangerous goods in Chapter II-2 regulation 19 of the Safety Convention and paragraph 7.17 of the High Speed Craft Code, 2000, as applicable, and appropriate to the classification of those goods intended for stowage in or on those spaces.

[Regulation 4(1) substituted by section 6(a) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]

 

(2)

(a)Whenever dangerous goods are to be loaded at a port in the Republic, the shipowner or master must advise the Authority at the port of loading of the intention to load dangerous goods and must furnish copies of all dangerous goods declarations relating to the goods to be loaded and a copy of the proposed special list, manifest or stowage plan detailing the location in the vessel of any dangerous goods already on board, and to be loaded.
(b)The Authority, after taking into account the type, quantity and proposed stowage of the dangerous goods, may cause the vessel to be inspected by a surveyor—
(i)before loading to determine whether—
(aa)the vessel is equipped and in all other respects suitable to carry such goods;
(bb)the proposed stowage complies with these Regulations; and
(ii)during loading and upon completion of loading to determine whether the goods are being and have been handled and stowed in accordance with these Regulations and whether all reasonable and necessary precautions are being and have been taken to ensure the safety of the vessel, its crew and other personnel during the voyage,

and, in both cases, the surveyor must, in the case of explosives, if satisfied with the arrangements, issue the master with a certificate of inspection.

(c)The Authority may, before stuffing cause a container to be inspected by a surveyor to determine whether the container is compliant with the IMDG Code and if satisfied, issue a container inspection report.
(d)The Authority may—
(i)before stuffing. cause documentation required in terms of the IMDG Code to be reviewed by a surveyor, to determine whether the segregation of the contents of a container are safe for stowage in the container in accordance with the IMDG Code, and if satisfied, issue a container inspection report; and
(ii)after stuffing, cause the contents of a container to be inspected by a surveyor, to determine whether the stowage, segregation, securing of the contents of a container are in in accordance with the requirements of subparagraph (i) and if satisfied, issue a container inspection report.

[Regulation 4(2) substituted by section 6(b) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]

 

(3)If a shipowner, master or representative of the shipowner or master fails to comply with this regulation the shipowner, master or representative of the shipowner or master is guilty of an offence.

[Regulation 4(3) substituted by section 6(c) of the Merchant Shipping (Dangerous Goods) Amendment Regulations, 2026, Notice No. 3979, GG54853, dated 19 June 2026]