Hazardous cargo levy applies where IMO classification is enough, even without a separately published trustees' list.

The amended charging provision treated cargo classified by the International Maritime Organisation as hazardous or dangerous for purposes of the higher rate, even though the Trustees had not separately published their own list. Asbestos fibres, being included in the IMO hazardous cargo list, could therefore be charged at double the scheduled rate under Section 19. The absence of a published Trustees' list did not prevent the levy from operating where the governing note expressly extended the classification to IMO-designated cargo, and the challenge to the charge failed.

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Issues: Whether asbestos fibres could be treated as hazardous cargo and charged at double the scheduled rate under the amended Section 19 despite the absence of a published list by the Trustees, in view of their inclusion in the International Maritime Organisation list.

Analysis: The amended scale of rates under Section 19 contemplated publication of the Trustees' list of hazardous or dangerous cargo, but the note appended to the amendment provided that cargo classified by the International Maritime Organisation as dangerous or hazardous would also be treated as such for the purpose of the section. The absence of a separately published Trustees' list did not, therefore, prevent the levy from operating where the cargo was admittedly included in the IMO hazardous cargo list.

Conclusion: The charge of double rate was valid and the challenge to the levy failed.

Ratio Decidendi: Where the governing note to an amended charging provision expressly treats IMO-classified cargo as hazardous, the levy can be imposed even if the Trustees have not separately published a list.

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