Merchant Shipping Act 2010

18.

Chemical tanker rules.

18.— (1) The Minister may, in relation to any ships to which this Chapter applies, make rules (“chemical tanker rules”)—

( a) prescribing requirements for the hull, superstructure, subdivision and stability, electrical installation, equipment and machinery and fire protection of such ships,

( b) regulating repairs, alterations, modifications and outfitting relating thereto, and

( c) requiring any such ships which are Irish ships to be surveyed to such extent, and in such manner and at such intervals as may be prescribed.

(2) Without prejudice to subsection (1) chemical tanker rules may include requirements for all or any of the following matters—

( a) ship survival capability and location of cargo tanks,

( b) ship arrangement,

( c) cargo containment,

( d) cargo transfer,

( e) materials of construction, protective linings and coatings,

( f) cargo temperature control,

( g) cargo tank venting and gas-freeing arrangements,

( h) environmental control,

( i) electrical installations,

( j) fire protection and fire extinction,

( k) mechanical ventilation in the cargo area,

( l) instrumentation,

( m) personnel protection,

( n) special requirements and operational requirements, including training of on-board personnel,

( o) specification of carriage requirements for the carriage of particular products to which the IBC Code does not apply which may pose safety and pollution hazards where it is considered by the Minister that some safety precautions may be appropriate, and

( p) notification of accidents or defects.

(3) In making chemical tanker rules the Minister may categorise ships into different classes having regard to one or more of the following, where appropriate—

( a) the size, or configuration of such ships,

( b) the service for which such ships are to be employed,

( c) the nature and duration of voyages to be undertaken,

( d) the type of cargo carried including the severity of the environmental and safety hazards involved,

( e) the age and date of construction of ships, and

( f) such other matter or matters that the Minister considers appropriate to take into account in the circumstances.

(4) Different chemical tanker rules may be made for the carriage of bulk cargoes of different dangerous chemicals or noxious liquid substances carried by different classes of ships for different circumstances and for different areas of operation.

(5) Chemical tanker rules shall include such requirements as appear to the Minister to be necessary to implement the provisions of the Safety Convention, including the IBC Code, in relation to the carriage of bulk cargoes of dangerous chemicals or noxious liquids.

(6) The powers conferred on the Minister by this Chapter are in addition to the powers conferred by any other enactment enabling him or her to prescribe the requirements that ships to which this Chapter applies must comply with.

(7) ( a) Subject to paragraph (b) , where the chemical tanker rules require that a particular fitting, material, appliance, apparatus, item of equipment or type thereof shall be fitted or carried in a ship to which this section applies, or that any particular provision shall be made, or any procedure or arrangement shall be complied with, the Minister may allow any other fitting, material, appliance, apparatus, item of equipment, or type thereof to be fitted or carried, or any other provision, procedure or arrangement to be made in that ship, if he or she is satisfied, by trial thereof or otherwise, that such fitting, material, appliance, apparatus, item of equipment or type thereof or that any particular provision, procedure or arrangement is at least as effective as that required by the rules.

( b) Paragraph (a) does not allow operational methods or procedures to be made an alternative to a particular fitting, material, appliance, apparatus, item of equipment, or type thereof, unless provided for in the chemical tanker rules.