means the Maritime Transport Act 2013;

means any person or persons authorised for any purpose under the Act by the Chief Executive Officer;

means the Maritime Safety Authority of Fiji;

or BCH Code means the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the International Maritime Organization by Assembly Resolution A.212(VII), as amended by Resolutions A.490(12), MSC 9(53), MSC 15(57), MSC 18(58), MSC 29(61), MSC 51(66), MSC 106(73);

includes mail and passengers’ baggage;

means a non-passenger ship constructed or adapted and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code;

means the Chief Executive Officer of the Maritime Safety Authority of Fiji;

means any package or packages or load of dangerous goods, presented by a person, organisation or government for transport;

means a person who packs or supervises the packing of cargo for various shippers into a container or vehicle for transport by sea;

in respect of a ship means a stage of construction where—

• (a)the keel of the ship is laid;
• (b)construction identifiable with the specific ship has begun; or
• (c)assembly of that ship has commenced comprising at least 50 tonnes or 1% of the estimated mass of all structural material, whichever is less;

or freight container means an article of transport equipment that is—

• (a)of permanent character and accordingly strong enough to be suitable for repeated use; and
• (b)specially designed to facilitate the transport of goods, by one; or
• (c)designed to be secured or readily handled or both, having fittings for these purposes,

and shall not include a vehicle or packaging but shall include a container that is carried on a chassis;

means—

• (a)any substance, in packaged form or in solid form in bulk, listed and classified according to its hazards in the IMDG Code;
• (b)any harmful substance; and
• (c)empty receptacles that have been used for substances specified in paragraph (a), unless the receptacles have been cleaned, subsequently dried and, where appropriate, gas freed but does not include goods forming part of the equipment or stores of the ship in which they are carried;

means—

• (a)a special list or manifest setting out the dangerous goods on board and their location on board; or
• (b)a detailed stowage plan that identifies by class, and sets out the location of, all dangerous goods on board;

means a certificate for a consignment of dangerous goods containing the information required by Volume 1, section 5.4 of the IMDG Code;

means all the waters of Fiji comprising of—

• (a)the territorial seas;
• (b)the archipelagic waters;
• (c)the internal waters; and
• (d)all inland waters;

means a non-passenger ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code;

means the Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by the International Maritime Organization Resolution MSC.5(48), as amended by Resolution MSC 17(58), MSC 30(61), MSC 59(67), MSC 103(73) and MSC 220(82) from time to time;

means—

• (a)any substance in packaged form for the time being identified as a marine pollutant in the IMDG Code; and
• (b)any empty packaging that has been used previously for the carriage of a substance specified in paragraph (a), unless adequate precautions have been taken to ensure that the packaging contains no residue that is harmful to the marine environment but does not include a ship’s stores and equipment;

means carried in the cargo or other spaces of a ship without any intermediate form of containment or packaging;

or IBC means any rigid, semi-rigid or flexible portable packaging, other than those specified in Volume 1, Parts 4 and 6 of the IMDG Code, that—

• (a)has a capacity of—
  • (i)not more than 3.0 cubic metres (3000 litres) for solids and liquids of packaging groups 2 and 3;
  • (ii)not more than 1.5 cubic metres for solids of packaging group one when packed in flexible, rigid plastics, composite, fibreboard or wooden IBCs; or
  • (iii)not more than 3.0 cubic metres for solids of packaging group one when packed in metal IBCs;
• (b)is designed for mechanical handling; and
• (c)is resistant to the stresses produced in handling and transport, as determined by the applicable tests specified in Volume 1, Part 6 of the IMDG Code but does not include any portable tank;

or IBC Code means the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk adopted by the Marine Environmental Protection Committee of the International Maritime Organization by Resolution MEPC 19(22), as amended by Resolution MEPC 90(45) in 2000;

or IGC Code means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by the Maritime Safety Committee of the International Maritime Organization by Resolution MSC 5(48) as amended by Resolution MSC 17(58), MSC 30(61), MSC 59(67), MSC 103(73), MSC 220(82), from time to time;

or IMDG Code means the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended by that organisation from time to time;

means any person appointed as a Jetty Master under section 101 of the Maritime Transport Act 2013;

means to clearly identify with distinctive labels or stencils of the labels, dangerous properties of a good;

includes—

• (a)any leakage and spillage of liquid and dry contents; and
• (b)emission of radiation at levels that are either directly or indirectly injurious to human health;

means to clearly mark an item with the proper shipping name—

• (a)of the contents, and, when assigned, the corresponding United Nations (UN) Number; and
• (b)number preceded by the letters “UN”;

or installation means any installation or equipment or other property whatsoever that is constructive, erected or placed in Fiji waters for the purpose of the exploration of the seabed or subsoil or the exploitation of mineral resources or natural resources thereof but does not include a pipeline;

and packages are the complete product of the packing operation, consisting of the packaging and its contents prepared for transport;

in relation to harmful substances means the forms of containment specified for harmful substances in the IMDG Code;

refers to receptacles and any other component or material necessary for the receptacle to perform its containment function;

means a ship that carries more than 12 passengers on a voyage within or beyond Fiji waters;

means affixing an enlarged label (a placard) to the exterior surfaces of a cargo transport unit, unit load or overpack to provide warning that the contents of the unit are dangerous goods and present risks, unless the labels or marks affixed to the packages are clearly visible from the exterior of the unit;

means a tank having a capacity of more than 450 litres whose shell is fitted with items of service equipment and structural equipment necessary for the transport of dangerous substances whose vapour pressure is not more than 3-bar (absolute) at a temperature of 50°C. It is a tank that has stabilising members external to the shell and is not permanently secured on board the ship. Its contents should not be loaded or discharged while the tank remains on board. It should be capable of being loaded and discharged without the need for removal of its structural equipment and be capable of being lifted on and off the ship when loaded;

in respect of any dangerous good, means the name specified in column 2 of the Dangerous Goods List in Part 3 of the IMDG Code;

means any containment vessel for receiving and holding substances or articles, including any vehicle and any means of closing;

means any remuneration, recompense or other payment, whether of money or money’s worth;

means any person by whom or in whose name or on whose behalf a contract of goods by sea has been concluded with a carrier or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea;

means the International Convention for the Safety of Life at Sea 1974, as amended from time to time;

means the number assigned to an item of dangerous goods in the IMDG Code;

means any road freight, tank vehicle, railway freight or tank wagon permanently attached to an under frame and wheels or chassis and wheels, that is loaded and unloaded as a unit. It also includes a trailer, semi-trailer or similar mobile unit, except those used solely for the purposes of loading and unloading; and

means a journey by water from one port—

• (a)to another port; or
• (b)back to the same port without calling at any other port.