| (1) | Subject to subregulations (2) and (3), these regulations apply— |
| (a) | to chemical tankers constructed on or after 1 July 1986; |
| (b) | to ships converted to chemical tankers on or after that date, except oil tankers— |
| (i) | that were constructed before that date; |
| (ii) | that are converted for the purpose of carrying pollution hazard substances only; and |
| (iii) | the conversion of which consists only of modifications necessary for compliance with Chapter VA of the BCH Code; and |
| (c) | to the extent that the Authority considers reasonable and practicable) to chemical tankers constructed before, but undergoing repairs, alterations and modifications of a major character on or after, that date. |
| (2) | Where a chemical tanker is constructed or adapted to carry both— |
| (a) | one or more of the substances listed both in Chapter 17 of the IBC Code and in Chapter 19 of the IGC Code; and |
| (b) | one or more of the substances listed in Chapter 19 of the IGC Code but not in Chapter 17 of the IBC Code, |
then to the extent that the requirements of those two codes are inconsistent, the requirements of the IGC Code prevail.
| (3) | These regulations apply to all ships specified in subregulation (1) that are South African ships, wherever they may be, and to other such ships while they are in the Republic or its territorial waters; but in the case of a ship registered in a State not party to MARPOL 1973/78 or the 1974 SOLAS Convention they do not apply by reason of the ship’s being in the Republic or its territorial waters if it would not have been there but for stress of weather or any circumstances that could not have been prevented by the owner, the master or the charterer (if any). |
