Index Part I Part II Part III Part IV Part V Part VI Part VII Appendices

 

PART III
HANDLING OF DANGEROUS AND OBNOXIOUS GOODS


22.0 DANGEROUS GOODS
22.1 'Dangerous Goods' means all cargo defined as dangerous or hazardous by any Statute, Statutory Instrument or Order, any Regulation or recommendation made by the Government or the relevant authorities or by any local by-laws relating to the handling, storage or carriage of cargo; likewise all cargo which although not so defined, are known to have properties likely to endanger life or property.

22.2 The following shall apply to Dangerous Goods tendered to JPB;

(a) the provision of the Standard Operating Procedure For Dangerous Goods Handling at JPB as specified in Appendix IV as amended, novated, supplemented, or replaced from time to time;

(b) the provision of the International Maritime Dangerous Goods Code (IMDG Code) Standards as amended from time to time;

(c) the provision of the Act;

(d) the provision of any applicable By Laws as amended from time to time;

(e) the provision of any Federation Port Rules 1953 and any matters related in accordance with the Malaysian Merchant Shipping Ordinance 1952;

(f) the provision of the Rules and Regulations as stated in the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;

(g) Provision relating to the carriage of goods by road, rail or sea, contained in any Statutory Instrument or Order made pursuant to the above Act, Rules and Regulations and in any International Conventions or Agreements or otherwise regulations and recommendations made by the Government or other Relevant Authorities and Local By-Laws which may include the following Acts, Rules and Regulations:

(i) Occupational Safety and Health Act 1994.

(ii) Occupational Safety and Health Act 1994 (Control of Industrial Major Accident Hazard Regulations 1996).

(iii) Atomic Energy Licensing Act 1984 Radiation Protection (Transport Regulations 1989) and amendments made therein after.

(iv) Environmental Quality Act 1974.

(v) Environmental Quality (Schedule Wastes) Regulations 1989.

(vi) Other relevant Acts, Rules and Regulations pertaining to Malaysia in relation to Dangerous Goods as may be passed from time to time.

22.3 Dangerous Goods shall not be presented to JPB unless permission has first been obtained. For this purpose, applications for permission shall be made by the User to JPB by way of the VCS or MPTS not less than forty eight (48) hours before the estimated time of arrival of the cargo by submitting to the Safety Manager, copies of the prescribed statutory forms stating clearly the proper name of the cargo as listed in the IMDG Code, IMO Code, Class No., UN No., the grouping of the cargo under Johor Port Authority DG Cargo Listings if applicable, the flashpoint, if any, the method of packing, Material/Chemical Safety Data Sheet and any other material details which may be required by JPB or by any lawful authority pertaining to the carriage of Dangerous Goods.

22.4 The User shall be liable and accountable for any loss or damage caused to cargo or property or personal injury or death to persons, due to the User's omission to disclose to JPB or false declaration or misstatements made by the User to JPB of any Dangerous Goods delivered to JPB or discharged at the Wharf. The User shall fully indemnify JPB for loss, damage, injury or death suffered by JPB or for any claims made against JPB by any party affected by such an act of omission or false declaration or misstatement.

22.5 JPB reserves the right to reject any Dangerous Goods if in the opinion of JPB, there is no suitable facility or expertise available to render a safe and proper handling, storage or transportation of such goods, and the User shall have no claim or any right of recourse against JPB for its refusal to accept such goods.

22.6 Where the Safety Manager has approved delivery of Dangerous Goods or containers on a "direct delivery or direct loading" basis, the User has to ensure that such Dangerous Goods or container is collected directly from the vessel side using the User's vehicle for discharging operations, or such Dangerous Goods or container is delivered direct to the vessel side using the User's vehicle for loading operations, failing which JPB may disallow such Dangerous Goods or container to be received into the Port, or such Dangerous Goods or container will be directed to be stored in a special area in the Port premises at the sole risk and expense of the User. The User shall fully indemnify JPB for any damage suffered or lost incurred or any claims made against JPB by any party due to any mishap or incident consequent to the storage of such Dangerous Goods or container. JPB reserves the right to impose additional storage charges and Port Safety personnel and equipment standby and escort service charges.

22.7 No works, including maintenance works, handling, bunkering, vessel-to-vessel transfer in relation to Dangerous Goods shall be carried out in the Port without a Permit to Work issued by the Safety Manager.

23.0 OBNOXIOUS CARGO
23.1 For the purpose of these Terms and Conditions of Business "Obnoxious Cargo" means any of the following kinds of cargo which are not included in the category of Dangerous Cargo:

(a) substances which can cause discomfort to or adversely affect personnel handling them;

(b) substances which will taint or contaminate other cargo or containers in close proximity;

(c) substances which will damage other cargo or container by contact or by shifting e.g. carbon, graphite, white pigments, greases and other 'dirty cargo';

(d) hydroscopic or deliquescent goods or goods in a moist or wet condition such as hides;

(e) cargo liable to infestation by insects, mites, weevils or grubs or any other cause which may require fumigation;

(f) cargo of liquid or semi-solid nature and goods liable to qualify with a rise in temperature such as reasonably could be foreseen; or

(g) any other cargo or container which is likely to adversely affect other cargo or containers or to present any special difficulties in handling.

23.2 Obnoxious goods shall not be presented to the Port unless permission has first been obtained. For this purpose, application for permission shall be made by the User to JPB by way of the CTMS, VCS, MPTS or PSMS not less than forty eight (48) hours before the estimated time of arrival by submitting to the Safety Manager all relevant details which may be required by JPB or any lawful authority pertaining to the carriage of such obnoxious goods.

23.3 The User shall be liable and accountable for any loss or damage caused to cargo or property or personal injury or death to persons, due to the User's omission to disclose to JPB or false declaration or misstatements made by the User to JPB of any Obnoxious Cargo delivered to JPB, or discharged at the Wharf. The User shall fully indemnify JPB for any loss, damage, injury or death suffered by JPB or for any claims made against JPB by any party affected by such an act of omission or false declaration or misstatement.

23.4 JPB reserves the right to reject any Obnoxious Goods if, in the opinion of JPB, there is no suitable facility or expertise available to render safe and proper handling, storage or transportation of such Obnoxious Goods, and the User shall have no claim or any right of recourse against JPB for its refusal to accept such Obnoxious Goods.