Dangerous Goods (Storage and Handling) Interim Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101 Objectives 1 102 Authorising provision 1 103 Commencement 1 104 Revocation 2 105 Definitions 2 106 Application 11 107 Incorporation of references 13 PART 2—PROVISIONS APPLYING GENERALLY 14 201 Duties on more than one person 14 202 Exemptions 14 204 Determination of quantity of dangerous goods 16 205 Compliance with Occupational Health and Safety Regulations 17 PART 3—DUTIES OF MANUFACTURERS AND SUPPLIERS 19 Division 1—General duties 19 301 Determination of dangerous goods 19 302 Packing and marking—manufacturer and first supplier 20 303 Suppliers generally 21 304 Application of regulation 303(b) to retailers 22 Division 2—Material Safety Data Sheets 23 305 Application to C1 combustible liquids 23 306 Preparation of MSDS 23 307 MSDS under corresponding legislation 25 308 Review and revision of MSDS 26 309 Supply of MSDS 26 310 Information to registered medical practitioner 27 -- 1 of 92 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel PART 4—DUTIES OF OCCUPIER 29 Division 1—Consultation, information and training 29 401 Consultation with workers 29 402 Induction, information, training and supervision 29 403 Copy of risk assessment for workers 31 Division 2—Hazard identification and risk assessment 31 404 Identification of hazards 31 405 Risk assessment 33 406 Generic risk assessment 34 Division 3—Risk control—general duty 35 407 General duty to control risk 35 409 Relationship with Divisions 4 and 5 36 Division 4—Risk control—specific duties 36 Subdivision 1—Design 36 410 Design of new premises, plant, processes and systems of work 36 Subdivision 2—Workers and visitors 38 411 Risk to workers 38 412 Visitors to premises 39 413 Security at premises 39 Subdivision 3—Stability and interaction of dangerous goods 40 414 Stability 40 415 Isolation 41 416 Interaction with other substances 41 417 Interaction with other plant and processes 41 Subdivision 4—Plant and structures 42 418 Structures and plant—condition and repair 42 419 Containers for bulk dangerous goods 43 420 Clearing of decommissioned receptacles 44 421 Protection from impact 45 Subdivision 5—Spill control 46 422 Spill containment 46 423 Transfer of dangerous goods 47 -- 2 of 92 -- Regulation Page iii Authorised by the Chief Parliamentary Counsel Subdivision 6—Dangerous atmospheres 48 424 Ignition sources in hazardous areas 48 425 Ventilation and atmospheric emissions 48 Division 5—Preparedness for incidents and emergencies 49 Subdivision 1—Manifests 49 427 Manifest to be maintained 49 428 Revision of manifest 50 Subdivision 2—Placards 50 429 Outer warning placards 50 430 Placarding requirements 50 431 Different location permitted 53 432 Revision 53 433 Placards in place on commencement date 53 Subdivision 3—Equipment and planning 54 434 Equipment for clean-up 54 435 Fire protection—general 54 436 Fire protection—premises exceeding relevant Fire Protection Quantity 56 437 Planning for emergencies 57 Division 6—Material Safety Data Sheets 59 438 Currency and accessibility 59 Division 7—Marking 61 439 Packages received 61 440 Transfer 61 441 Pipework 62 Division 8—Register 62 442 Register of dangerous goods 62 Division 9—Incidents 63 443 Prescription of persons and dangerous goods under section 32 of the Act 63 444 Response to emergencies 64 445 Investigation of incidents 64 446 Risk assessment and control following incidents 65 447 Authority may request information 65 -- 3 of 92 -- Regulation Page iv Authorised by the Chief Parliamentary Counsel PART 5—NOTIFICATION 67 506 Notification to Authority 67 507 Authority to acknowledge notification 68 PART 6—GENERAL 69 601 Expiry of these Regulations 69 __________________ SCHEDULES 70 SCHEDULE 1—Series of Standards 70 SCHEDULE 2—Quantities of Dangerous Goods 71 SCHEDULE 3—Information to be Contained in a Manifest 75 SCHEDULE 4—Placarding Requirements 80 SCHEDULE 5—List of Dangerous Goods of class 2.2 Not Exempted from Section 32 of the Act 86 ═══════════════ ENDNOTES 87 -- 4 of 92 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 134/2011 Dangerous Goods Act 1985 Dangerous Goods (Storage and Handling) Interim Regulations 2011 The Governor in Council makes the following Regulations: Dated: 29 November 2011 Responsible Minister: GORDON RICH-PHILLIPS Assistant Treasurer MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 101 Objectives The objectives of these Regulations are— (a) to provide for the safe storage and handling of dangerous goods; and (b) to revoke the Dangerous Goods (Storage and Handling) Regulations 2000. 102 Authorising provision These Regulations are made under section 52 of the Dangerous Goods Act 1985. 103 Commencement These Regulations come into operation on 2 December 2011. -- 5 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 2 Authorised by the Chief Parliamentary Counsel 104 Revocation The Dangerous Goods (Storage and Handling) Regulations 2000 1 are revoked. 105 Definitions In these Regulations— 2000 Regulations means the Dangerous Goods (Storage and Handling) Regulations 2000 as in force immediately before the commencement of these Regulations; Act means the Dangerous Goods Act 1985; administrative control means controls that use systems of work to eliminate or reduce risk and that do not involve engineering controls or the use of personal protective equipment; AS 1940:2004 means Australian Standard AS 1940:2004, "The storage and handling of flammable and combustible liquids", published by Standards Australia in 2004, as amended from time to time; AS 2700S:2011 (R13) means Australian Standard AS 2700S:2011 (R13), "Colour standards for general purposes—Signal Red", published by Standards Australia in 2011, as amended from time to time; AS 2700S:2011 (Y11) means Australian Standard AS 2700S:2011 (Y11), "Colour standards for general purposes—Canary", published by Standards Australia in 2011, as amended from time to time; AS/NZS 2106 means the series of Australian Standards and Australian and New Zealand Standards referred to in Schedule 1, published by Standards Australia in 2005 and jointly by Standards Australia and r. 104 -- 6 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 3 Authorised by the Chief Parliamentary Counsel Standards New Zealand in 1999, as amended from time to time; AS/NZS 60079.10.1:2009 means Australian and New Zealand Standard AS/NZS 60079.10.1:2009, "Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres", published jointly by Standards Australia and Standards New Zealand in 2009, as amended from time to time; bulk means— (a) a quantity of dangerous goods in a container that has a capacity greater than the maximum container size specified for packaged dangerous goods of that type; or (b) solid dangerous goods in an undivided quantity exceeding 500 kg, that are not in a container; C1 combustible liquid means liquid dangerous goods that have— (a) a flashpoint that is higher than 60°C, but no higher than 150°C; and (b) a firepoint that is less than the boiling point; capacity means the internal volume expressed in litres of a container at 15o C; Class, in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; Class label means a label of a type specified in the ADG Code for the Class of dangerous goods; r. 105 -- 7 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 4 Authorised by the Chief Parliamentary Counsel combustible liquid means any liquid dangerous goods whose flashpoint is higher than 60°C; commencement day means the day on which these Regulations come into operation under regulation 103; compatible, in relation to 2 or more substances or items, means that they will not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, corrosive or toxic vapours; control temperature means the maximum temperature at which dangerous goods can be safely stored and handled as specified or determined by, or in accordance with, "Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria", 5th Revised Edition, published by the United Nations in 2009, as amended from time to time and Part 2 of the ADG Code; current MSDS means the most recent MSDS that complies with regulation 306 or 307 and, if applicable, has been reviewed and revised in accordance with regulation 308; dangerous goods in transit means dangerous goods that— (a) are supplied to premises in containers that are not opened at the premises; and (b) are not used at the premises; and (c) are kept at the premises for a period of not more than 5 consecutive days; emergency means an event that exposes a person or property in the vicinity of the event to an immediate risk through— r. 105 -- 8 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 5 Authorised by the Chief Parliamentary Counsel (a) an explosion, fire, harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or (b) the escape, spillage or leakage of any dangerous goods; emergency services authority, in relation to any premises where dangerous goods are stored and handled, means— (a) the Metropolitan Fire and Emergency Services Board; or (b) the Country Fire Authority— whichever is appropriate to the location of the premises; employer has the same meaning as in the Occupational Health and Safety Act 2004; firepoint has the same meaning as in AS 1940:2004; fire protection system means the fire protection equipment and fire fighting equipment used to combat or mitigate any emergency occurring at the premises; fire risk dangerous goods means dangerous goods of Class 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2 or dangerous goods of subsidiary risk 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2; first supplier, in relation to dangerous goods, means a person who— (a) has not manufactured the dangerous goods in Victoria; and r. 105 -- 9 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 6 Authorised by the Chief Parliamentary Counsel (b) is, or intends to be, the first person to supply the dangerous goods to another person; Example A person who imports the goods into Victoria from overseas or interstate. flashpoint means the temperature at which a liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with— (a) AS/NZS 2106; or (b) a technical standard that specifies a test that is equivalent to that specified in AS/NZS 2106; goods too dangerous to be transported has the same meaning as in regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; handling includes— (a) conveying the dangerous goods within premises, including within pipework; and (b) manufacturing, processing, using, treating, dispensing, packing, supplying, transferring, rendering harmless, disposing of or destroying the dangerous goods; hazard means any thing, activity, occurrence or circumstance of any kind that has the potential to cause injury to persons or damage to property by— (a) an explosion, fire, harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or r. 105 -- 10 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 7 Authorised by the Chief Parliamentary Counsel (b) the escape, spillage or leakage of any dangerous goods; hazardous area has the same meaning as in AS/NZS 60079.10.1:2009; hazardous substance has the same meaning as in the Occupational Health and Safety Regulations 2007; health and safety representative means a person who has been elected as a health and safety representative under Part 7 of the Occupational Health and Safety Act 2004 and who has not ceased to be a health and safety representative; IBC (intermediate bulk container) has the same meaning as in regulation 11 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; ignition source means a source of energy sufficient to ignite a flammable atmosphere and includes— (a) a naked flame, exposed incandescent material, an electrical welding arc, or a mechanical or static spark; (b) any electrical or mechanical equipment that is not specifically designed to be used in a hazardous area; incident means— (a) an emergency; or (b) an unintended event that, but for the intervention of a risk control measure or human intervention, is likely to result in an emergency; r. 105 -- 11 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 8 Authorised by the Chief Parliamentary Counsel isolation, in relation to the isolation of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing, by either distance or a physical barrier; MSDS means a Material Safety Data Sheet; package has the same meaning as in regulation 51(1) of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; packaged dangerous goods means dangerous goods, goods too dangerous to be transported or C1 combustible liquids, that are in a container with a capacity of not more than 500 L or a net mass of 500 kg; packaging has the same meaning as in regulation 51(2) of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; Packing Group has the same meaning as in regulation 42 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; pipework means— (a) a pipe or an assembly of pipes; and (b) associated pipe fittings, valves and pipe accessories— used to convey dangerous goods; plant includes any machinery, equipment, appliance, implement and tool, any component thereof and anything fitted connected or appurtenant thereto; r. 105 -- 12 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 9 Authorised by the Chief Parliamentary Counsel pool chlorine means calcium hypochlorite, dichloroisocyanuric acid and its salts or trichloroisocyanuric acid; practicable means practicable having regard to— (a) the severity of the hazard or risk in question; and (b) the state of knowledge about that hazard or risk and any ways of removing or mitigating that hazard or risk; and (c) the availability and suitability of ways to remove or mitigate that hazard or risk; and (d) the cost of removing or mitigating that hazard or risk; premises has the same meaning as in the Act, but does not include a vehicle or boat; product name means the brand name or trade name given to dangerous goods by the manufacturer or any supplier of the dangerous goods; proper shipping name has the same meaning as in the ADG Code; receptacle means a container, plant, pipework or any other thing that can contain dangerous goods; registered medical practitioner has the same meaning as in the Occupational Health and Safety Regulations 2007; risk means the likelihood of injury to a person or damage to property being caused by a hazard; r. 105 -- 13 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 10 Authorised by the Chief Parliamentary Counsel Safe Work Australia means Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth; stabiliser means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) added to, or present in, dangerous goods that overcomes the chemical instability inherent in the dangerous goods; subsidiary risk has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; subsidiary risk label, in relation to dangerous goods, means a label of a type specified in the ADG Code for the subsidiary risk of the dangerous goods; tank means a container, other than an IBC, that is used or designed to be used to transport, store or handle dangerous goods in the form of a gas or a liquid in bulk and includes fittings, closures and any other equipment that forms part of the container; underground tank means a permanent tank that is wholly or partially located beneath the ground; UN Number or UN No. has the same meaning as in the ADG Code; workplace means any place, whether or not in a building or structure, where persons work who are employed under a contract of employment or a contract of training or who are self-employed persons. r. 105 -- 14 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 11 Authorised by the Chief Parliamentary Counsel 106 Application These Regulations do not apply to— (a) dangerous goods that are explosives; (ab) dangerous goods that are declared to be HCDG and which have no UN Number; (b) dangerous goods that are used in the manufacture of explosives in accordance with Part 3 of the Dangerous Goods (Explosives) Regulations 2011; (c) dangerous goods that are batteries while they are in use; (d) dangerous goods in a fuel container that is fitted to a vehicle or boat; (e) dangerous goods in the form of an appliance or plant that forms part of a vehicle or boat and is necessary for its operation; (f) dangerous goods in the fuel container of a domestic or portable fuel burning appliance; (g) dangerous goods that are combustible liquids other than C1 combustible liquids; (h) dangerous goods in portable fire fighting equipment, portable safety equipment or portable medical equipment for use at the premises; (i) asbestos designated by UN 2212 or UN 2590; (j) a receptacle in respect of which an occupier has complied with regulation 420; (k) the following dangerous goods at premises that are not a workplace— r. 106 -- 15 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 12 Authorised by the Chief Parliamentary Counsel (i) compressed gas of Class 2.1, Class 2.2 or compressed oxygen if— (A) each is in one or more containers in an aggregate capacity of not more than 50 L; and (B) the dangerous goods as a whole form part of a welding set or are used or intended to be used with a portable flame torch; (ii) compressed oxygen or air that is used or intended to be used for medical purposes; (iii) dangerous goods of Class 3 in an aggregate quantity of not more than 250 L; (iv) pool chlorine in an aggregate quantity of not more than 100 kg; (v) sodium hypochlorite designated by UN 1791 in an aggregate quantity of not more than 100 L; (vi) Class 9 dangerous goods in an aggregate quantity of not more than 100 kg; (vii) dangerous goods of Packing Group 1 in an aggregate quantity of not more than 5 kg; (viii) C1 combustible liquids in an aggregate quantity of not more than 1000 L; (ix) any dangerous goods other than those specified in subparagraphs (i) to (viii) (not including dangerous goods of Class 2.3) in an aggregate quantity of not more than 100 kg. r. 106 -- 16 of 92 -- Part 1—Preliminary Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 13 Authorised by the Chief Parliamentary Counsel 107 Incorporation of references (1) If any provision of a document is incorporated, applied or referred to by these Regulations, the incorporation, application or reference does not— (a) include any requirement for approval from the Authority in relation to the storage and handling of dangerous goods; or (b) permit any departure from the requirements of the document incorporated, applied or referred to at the sole discretion of a person to whom those requirements apply. (2) If a provision of any document incorporated, applied or referred to in these Regulations is inconsistent with any provision of these Regulations, the provision of these Regulations prevails. __________________ r. 107 -- 17 of 92 -- Part 2—Provisions Applying Generally Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 14 Authorised by the Chief Parliamentary Counsel PART 2—PROVISIONS APPLYING GENERALLY 201 Duties on more than one person If, under these Regulations, a duty is placed on more than one person or class of person, the duty must be undertaken by each person or each person in that class only in relation to those matters in respect of which the person has management or control, whether or not any other person is also responsible for undertaking the duty. 202 Exemptions (1) The Authority may exempt a person, premises, thing or activity or a class of person, premises, things or activities from any or all of the provisions of these Regulations. (2) The Authority may exempt a person from any or all of the provisions of these Regulations if— (a) the person operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2007; and (b) the Authority is satisfied that the person is capable of achieving, in the operation of the facility, a level of health and safety of persons and safety of property that is at least equivalent to the level that would be achieved if these Regulations were complied with. (3) The Authority must not grant an exemption in relation to a person or class of person unless the Authority is satisfied that— (a) the person or the class of person is capable of achieving a level of health and safety of persons and safety of property that is at least equivalent to the level that would be r. 201 -- 18 of 92 -- Part 2—Provisions Applying Generally Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 15 Authorised by the Chief Parliamentary Counsel achieved if these Regulations were complied with; or (b) the provision which is the subject of the exemption is an administrative requirement under these Regulations that is— (i) not directly associated with a risk control measure; and (ii) inappropriate or unnecessary in the circumstances. (4) The Authority must not grant an exemption in relation to any premises, thing or activity, or class of premises, things or activities unless the Authority is satisfied that a level of health and safety of persons and safety of property can be achieved that is at least equivalent to the level that would be achieved if these Regulations were complied with. (5) An exemption granted by the Authority under this regulation— (a) must be in writing; and (b) may be subject to any conditions specified by the Authority; and (c) must specify— (i) the person or class of person to whom the exemption has been granted; and (ii) the premises or class of premises for which the exemption has been granted; and (iii) the thing or activity or the class of thing or activity for which the exemption has been granted; and (iv) the provision or provisions of these Regulations in relation to which the exemption has been granted; and r. 202 -- 19 of 92 -- Part 2—Provisions Applying Generally Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 16 Authorised by the Chief Parliamentary Counsel (v) the conditions (if any) to which the exemption is subject. (6) A person to whom an exemption is granted under this regulation must comply with each condition to which the exemption is subject. [There is no regulation 203.] 204 Determination of quantity of dangerous goods (1) If these Regulations require the determination of the quantity of dangerous goods, the quantity must be determined in accordance with this regulation. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) In relation to packaged dangerous goods in a container that are— (a) non-liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the net mass in kilograms of the goods in the container; (b) liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the net capacity of the container; (c) Class 2 dangerous goods—the quantity is to be determined by the total capacity of the container. r. 204 -- 20 of 92 -- Part 2—Provisions Applying Generally Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 17 Authorised by the Chief Parliamentary Counsel (3) In relation to dangerous goods in bulk that are— (a) non-liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the mass in kilograms that the container is designed to hold; (b) liquid dangerous goods (other than Class 2 dangerous goods)—the quantity is to be determined by the design capacity of the container in litres; (c) Class 2 dangerous goods—the quantity is to be determined by the total capacity of the container; (d) solid dangerous goods not in a container— the quantity is to be determined by the undivided mass in kilograms. (4) In relation to dangerous goods that are articles or things, the quantity is to be determined by the net quantity of that part of the article or thing that is in itself dangerous goods. 205 Compliance with Occupational Health and Safety Regulations (1) If any provision in Division 3 or 4 of Part 4 requires an occupier to control risk associated with dangerous goods that are also hazardous substances, it is sufficient for the purposes of compliance with that provision for the occupier, if also an employer, to comply with the corresponding requirements of Part 4.1 (Hazardous Substances) of the Occupational Health and Safety Regulations 2007. r. 205 -- 21 of 92 -- Part 2—Provisions Applying Generally Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 18 Authorised by the Chief Parliamentary Counsel (2) Subregulation (1)— (a) applies only to the extent that the provision in Division 3 or 4 of Part 4 requires the occupier to control risk arising from exposure to dangerous goods that are hazardous substances; and (b) does not limit the occupier’s duties under that provision to control the risk associated with— (i) an explosion, fire, harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or (ii) the escape, spillage or leakage of dangerous goods. _______________ r. 205 -- 22 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 19 Authorised by the Chief Parliamentary Counsel PART 3—DUTIES OF MANUFACTURERS AND SUPPLIERS Division 1—General duties 301 Determination of dangerous goods (1) A manufacturer or first supplier of goods, who suspects or has reasonable grounds for suspecting that the goods are dangerous goods, must determine whether or not the goods are dangerous goods as soon as possible or, in any event— (a) in the case of a manufacturer, before handling the goods or supplying them to any person; (b) in the case of a first supplier, before supplying the goods to any person. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) In determining whether goods are dangerous goods, the manufacturer or first supplier must— (a) if the manufacturer or first supplier suspects, or has reasonable grounds for suspecting, that the goods may be— (i) dangerous goods of a particular Class, have regard to regulation 38 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; or (ii) C1 combustible liquids, act in accordance with AS 1940:2004; or (iii) goods too dangerous to be transported, have regard to regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008; and r. 301 -- 23 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 20 Authorised by the Chief Parliamentary Counsel (b) if applicable, ensure that the dangerous goods are assigned the appropriate Class, subsidiary risk and Packing Group in accordance with the Dangerous Goods (Transport by Road or Rail) Regulations 2008. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) A manufacturer or first supplier has complied with subregulation (2)(b) if the dangerous goods are assigned a Class, subsidiary risk or a Packing Group in accordance with corresponding legislation. (4) For the purposes of subregulation (3), corresponding legislation means the provisions of corresponding legislation of another Australian jurisdiction that provide for the classification, assignment of subsidiary risk and Packing Group and the marking of dangerous goods for the purposes of transport by road, rail, air or sea. (5) The provisions of Part 4 do not limit or restrict any handling of dangerous goods directly associated with determining whether goods are dangerous goods under this regulation. 302 Packing and marking—manufacturer and first supplier (1) Subject to subregulations (2) and (3), a manufacturer or first supplier of dangerous goods, who assigns a Class, subsidiary risk and Packing Group to those dangerous goods, must ensure that the provisions of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 in relation to the— r. 302 -- 24 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 21 Authorised by the Chief Parliamentary Counsel (a) condition of the dangerous goods; and (b) packages and package marking for the dangerous goods— are complied with before supplying the dangerous goods to any person. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) A manufacturer or first supplier of C1 combustible liquids or goods too dangerous to be transported must, before supplying the dangerous goods to any person, ensure that the liquids or goods are packed in packaging that is— (a) of a type and in a condition that— (i) will retain the liquids or goods, and (ii) will not react adversely with the liquids or goods which it holds; and (b) clearly marked with the name of the liquids or goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) A manufacturer or first supplier of dangerous goods complies with subregulation (1) or (2) if the dangerous goods are packed and the packages are marked in accordance with corresponding legislation. (4) In this regulation, corresponding legislation has the same meaning as it has in regulation 301(4). 303 Suppliers generally A person must not supply dangerous goods if the person suspects, or has reasonable grounds for suspecting, that— r. 303 -- 25 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 22 Authorised by the Chief Parliamentary Counsel (a) the condition of the dangerous goods does not comply with regulation 302; or (b) the packages and package marking for the dangerous goods does not comply with regulation 302; or (c) the container into which the dangerous goods are to be supplied is leaking or will leak. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 304 Application of regulation 303(b) to retailers (1) Regulation 303(b) does not apply to a supplier who— (a) is a retailer who supplies packaged dangerous goods by placing them in a container that is provided by the purchaser; and (b) complies with subregulation (2). (2) If a retailer supplies packaged dangerous goods into a container provided by the purchaser, the retailer must— (a) in the case of Class 2 dangerous goods, ensure that the container meets the requirements of the Dangerous Goods (Transport by Road or Rail) Regulations 2008 that relate to packages for dangerous goods; and (b) in the case of any other dangerous goods, take all reasonable steps to ensure that the container— (i) is of a type and in a condition that will retain the dangerous goods and will not react adversely with the dangerous goods that it holds; and r. 304 -- 26 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 23 Authorised by the Chief Parliamentary Counsel (ii) has the name of the dangerous goods clearly marked on the container; and (iii) is not ordinarily used to contain foodstuffs. Note Contravention of this regulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Division 2—Material Safety Data Sheets 305 Application to C1 combustible liquids This Division does not apply to C1 combustible liquids. 306 Preparation of MSDS (1) A manufacturer or first supplier of dangerous goods must ensure that a MSDS is prepared for dangerous goods before the goods are first supplied for use. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) The manufacturer or first supplier of dangerous goods must ensure that the MSDS is in legible English and contains— (a) the date on which it was last reviewed or, if it has not been reviewed, the date of its preparation; and (b) the name, address and telephone number of— (i) the Australian manufacturer of the dangerous goods; or (ii) the person who imported the dangerous goods into Australia; and r. 305 -- 27 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 24 Authorised by the Chief Parliamentary Counsel (c) an Australian telephone number from where information may be obtained in an emergency; and (d) the product name of the dangerous goods; and (e) if applicable, the proper shipping name, UN Number, Class, subsidiary risk and Packing Group of the dangerous goods; and (f) in the case of goods too dangerous to be transported, the name of the goods as specified in Appendix A to the ADG Code; and (g) the chemical and physical properties of the dangerous goods; and (h) the name of the ingredients of the dangerous goods to the extent required by subregulation (3); and (i) for each ingredient of the dangerous goods that is required to be identified with a chemical or generic name under paragraph (h), the proportion (or proportion ranges) of that ingredient in the dangerous goods; and (j) any relevant health hazard information including first aid information; and (k) information relating to the precautions to be followed in relation to the safe use of the dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 306 -- 28 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 25 Authorised by the Chief Parliamentary Counsel (3) For the purposes of subregulation (2)(h), the manufacturer or first supplier must disclose, in relation to the ingredients of the dangerous goods— (a) the chemical name of each ingredient; or (b) if the identity of an ingredient is commercially confidential, the generic name for the ingredient. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) If— (a) a manufacturer or first supplier considers that compliance with subregulation (3)(b) would not provide sufficient commercial protection; and (b) the ingredient is not dangerous goods; and (c) the ingredient does not have a known synergistic effect— it is sufficient compliance with subregulation (3)(b) if the manufacturer or first supplier states on the MSDS in relation to that ingredient "other ingredients determined not to be dangerous goods". 307 MSDS under corresponding legislation (1) It is sufficient compliance with regulation 306 if a manufacturer or first supplier has prepared a MSDS for the dangerous goods in accordance with corresponding legislation. (2) In subregulation (1), corresponding legislation means provisions in other legislation in Victoria or legislation in another Australian jurisdiction that provide for the form and content of a MSDS. r. 307 -- 29 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 26 Authorised by the Chief Parliamentary Counsel 308 Review and revision of MSDS (1) A manufacturer or first supplier of dangerous goods must ensure that the MSDS for the dangerous goods is reviewed— (a) as often as is necessary to ensure that the MSDS contains accurate and current information; and (b) in any case, every 5 years after the MSDS is first prepared or last reviewed, whichever is later. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) A manufacturer or first supplier must ensure that a MSDS is revised if a review reveals that the MSDS contains any information that is not accurate or current. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) Subregulation (1) does not apply if the manufacturer or first supplier has not supplied the dangerous goods to any person or any premises for a period of 5 years since the MSDS for those dangerous goods was prepared or last revised. 309 Supply of MSDS (1) A manufacturer or any supplier of dangerous goods must ensure that a copy of the current MSDS for the dangerous goods is provided— (a) to any person to whom the dangerous goods are supplied on or before the first occasion that the dangerous goods are supplied for use to that person; and r. 308 -- 30 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 27 Authorised by the Chief Parliamentary Counsel (b) if the MSDS is revised, to any person to whom the dangerous goods are supplied for use on or before the first occasion that the dangerous goods are supplied to that person after that revision; and (c) on request, to an occupier of any premises where those dangerous goods are stored and handled. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Subregulation (1) does not apply to a supplier if the supplier is— (a) a retailer or a retail warehouse operator and the dangerous goods are supplied in consumer packages; or (b) a retailer supplying fuel to a vehicle; or (c) a retailer to whom regulation 304(1) applies. 310 Information to registered medical practitioner (1) Despite anything in this Part, a manufacturer or first supplier of dangerous goods must disclose the chemical name of an ingredient of the dangerous goods to a registered medical practitioner if— (a) the MSDS for the dangerous goods, or the marking on the container in which the dangerous goods are supplied, does not disclose the chemical name of the ingredient; and (b) the medical practitioner requests the chemical name of the ingredient to assist with the management of his or her patient. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 310 -- 31 of 92 -- Part 3—Duties of Manufacturers and Suppliers Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 28 Authorised by the Chief Parliamentary Counsel (2) The manufacturer or first supplier must immediately comply with a request from a registered medical practitioner for the chemical name of an ingredient of dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. __________________ r. 310 -- 32 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 29 Authorised by the Chief Parliamentary Counsel PART 4—DUTIES OF OCCUPIER Division 1—Consultation, information and training 401 Consultation with workers An occupier of premises where dangerous goods are stored and handled, must consult with persons engaged by the occupier to work at the premises whose health or safety is likely to be affected by the dangerous goods and any health and safety representative of those persons, regarding— (a) induction, training, information provision, hazard identification, risk assessment and risk control; and (b) any proposed changes to structures, plant, processes or systems of work that are likely to increase the risk to those persons. Note Contravention of this regulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 402 Induction, information, training and supervision (1) An occupier of premises where dangerous goods are stored and handled must ensure that a person involved with the storage and handling of dangerous goods at the premises and any health and safety representative of that person, is provided with induction, information, training and supervision that is— (a) in a language or manner appropriate to the person; and r. 401 -- 33 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 30 Authorised by the Chief Parliamentary Counsel (b) relevant to the tasks undertaken and the risks associated with those tasks. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) An occupier of premises where dangerous goods are stored and handled must ensure that the induction, information and training provided under subregulation (1) includes instruction in— (a) the nature of the hazards and properties of the dangerous goods and the processes used for the identification, assessment and control of the risks relevant to the person's duties; and (b) the purpose, use and maintenance of the measures for the control of those risks; and (c) the systems of work and the conduct of persons at the premises in so far as the systems of work and conduct of persons may affect safe storage and handling of dangerous goods; and (d) the operation of the emergency plan for the premises and any procedures and equipment that may be required for use in the event of an emergency; and (e) the proper use and fitting of personal protective equipment. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 402 -- 34 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 31 Authorised by the Chief Parliamentary Counsel (3) A record of induction and training activities carried out in accordance with this regulation must be made and kept for a minimum of 5 years. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 403 Copy of risk assessment for workers An occupier of premises where dangerous goods are stored and handled must ensure that a copy of the current record of the risk assessment made in accordance with regulation 405 is readily available to persons engaged by the occupier to work at the premises who are likely to be exposed to a risk and to any health and safety representative of those persons. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Division 2—Hazard identification and risk assessment 404 Identification of hazards (1) An occupier of premises where dangerous goods are stored and handled must ensure that any hazard associated with the storage and handling of dangerous goods at the premises is identified, having regard to the state of knowledge of the hazard. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Without affecting the generality of subregulation (1), the occupier, when identifying hazards, must have regard to— r. 403 -- 35 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 32 Authorised by the Chief Parliamentary Counsel (a) any information about the hazardous properties inherent to the dangerous goods, including a MSDS for the dangerous goods available to the occupier; and (b) the chemical and physical properties of the dangerous goods, including physical state, viscosity, vapour pressure, chemical energy, particle size, solubility, electrical conductivity, reactivity, combustion products and concentration; and (c) any manufacturing and transport processes at the premises involving the dangerous goods, including the temperatures and pressures to which the goods are subjected, physical processes such as separation, mixing, absorption and changes of state and processes involving chemical reaction; and (d) the structures, plant (including the characteristics of the materials used in the plant), systems of work and activities that are used in the storage and handling of the dangerous goods at the premises; and (e) the physical location and arrangement of areas, structures and plant used for the storage and handling of the dangerous goods at the premises; and (f) the structures, plant (including the characteristics of the materials used in the plant), systems of work and activities that are not used to store or handle the dangerous goods at the premises but that could interact with the dangerous goods at the premises; and r. 404 -- 36 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 33 Authorised by the Chief Parliamentary Counsel (g) the chemical and physical reaction between dangerous goods and other substances and articles with which the dangerous goods may come into contact at the premises; and (h) the type and characteristics of incidents associated with the dangerous goods, including incidents affecting the structures or plant used to store or handle the dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 405 Risk assessment (1) If a hazard is identified under regulation 404, an occupier of premises where dangerous goods are stored and handled must ensure that an assessment is made of the risks associated with the hazard. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Without limiting the generality of subregulation (1), the occupier, in conducting an assessment of risk, must have regard to the matters specified in regulation 404(2) so far as they relate to the storage and handling of dangerous goods at the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) The occupier must review the assessment— (a) if there is a significant change to any process or system of work in relation to the storage and handling of dangerous goods; and r. 405 -- 37 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 34 Authorised by the Chief Parliamentary Counsel (b) if there is evidence to indicate that the risk assessment no longer adequately assesses the risk associated with any hazard; and (c) if required to do so under regulation 446 as a result of an incident occurring at the premises; and (d) at intervals of not more than 5 years from the assessment or last review. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) The occupier must— (a) make a record of the assessment and any review of the assessment; and (b) keep a copy of that record while the assessment is current or being reviewed. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 406 Generic risk assessment (1) For the purposes of regulation 405, if one or more dangerous goods at any premises— (a) have the same or similar properties or characteristics; and (b) are stored and handled in the same or similar circumstances— (i) in more than one area on the premises; or r. 406 -- 38 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 35 Authorised by the Chief Parliamentary Counsel (ii) in more than one premises managed and controlled by the occupier— the occupier may apply to each such area or premises a single generic assessment in relation to common hazards associated with the storage and handling of the dangerous goods. (2) In applying a generic assessment, the occupier must ensure that it is appropriate to apply the assessment and that all risks associated with the storage and handling of the dangerous goods are taken into account. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) This regulation does not limit the generality of regulation 405. Division 3—Risk control—general duty 407 General duty to control risk (1) An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with the storage and handling of dangerous goods at the premises— (a) is eliminated; or (b) if it is not practicable to eliminate the risk, is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) When complying with subregulation (1), the occupier must consider eliminating or reducing risk associated with the storage and handling of dangerous goods by— r. 407 -- 39 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 36 Authorised by the Chief Parliamentary Counsel (a) substituting other goods, or other dangerous goods, that have a lower risk associated with their storage and handling; and (b) reducing the quantity of dangerous goods handled. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. [There is no regulation 408.] 409 Relationship with Divisions 4 and 5 The generality of the provisions of this Division is not limited by the provisions of Divisions 4 and 5 of this Part. Division 4—Risk control—specific duties Subdivision 1—Design 410 Design of new premises, plant, processes and systems of work (1) An occupier must not use new premises or use new plant, processes or systems of work in any premises for the storage and handling of dangerous goods, unless the occupier has first ensured that the new premises or the new plant, processes or systems of work have been designed to— (a) eliminate the risk associated with the storage and handling of dangerous goods; and r. 409 -- 40 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 37 Authorised by the Chief Parliamentary Counsel (b) if it is not practicable to eliminate the risk, reduce the risk so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) For the purposes of complying with subregulation (1), the occupier must— (a) have regard to the provisions of this Part; and (b) ensure that— (i) any hazard associated with the design of the premises, plant, processes or systems of work is identified having regard to the matters specified in regulation 404(2); and (ii) any risk associated with the design of the premises, plant, processes or systems of work has been assessed having regard to the matters referred to in regulation 404(2); and (iii) a record of the risk assessment is made and kept for so long as the assessment is current. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) In this regulation, premises, plant, processes and systems of work are new if— (a) whether or not they are newly constructed, commissioned or established, they have not previously been used for the storage and handling of dangerous goods; and r. 410 -- 41 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 38 Authorised by the Chief Parliamentary Counsel (b) where they have been previously so used, they are to be altered in a way that ought reasonably be expected to create a new or different risk associated with that use. Subdivision 2—Workers and visitors 411 Risk to workers (1) An occupier of premises where dangerous goods are stored and handled must not rely solely on administrative controls or personal protective equipment to eliminate or reduce risk to persons engaged by the occupier to work at the premises, unless it is not practicable to— (a) eliminate the use of dangerous goods or the risk associated with the use of dangerous goods; or (b) reduce the risk associated with the use of dangerous goods by— (i) the substitution of other dangerous goods that have a lower risk associated with their storage and handling; or (ii) the use of engineering controls; or (iii) isolation of the dangerous goods from persons. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) If an occupier of premises where dangerous goods are stored and handled uses personal protective equipment to eliminate or reduce risk to persons engaged by the occupier to work at the premises, the occupier must— r. 411 -- 42 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 39 Authorised by the Chief Parliamentary Counsel (a) provide personal protective equipment that is suitable for use with the dangerous goods; and (b) ensure that the personal protective equipment is maintained in a clean and serviceable condition. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) A person must not wilfully damage or render ineffective any personal protective equipment provided under subregulation (2). Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 412 Visitors to premises An occupier of premises where dangerous goods are stored and handled must ensure that a visitor to the premises is provided with information, safety instructions and supervision that are sufficient to ensure that any risk to the visitor or any other person on the premises that is associated with the storage and handling of dangerous goods is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 413 Security at premises An occupier of premises where dangerous goods are stored and handled must, so far as is practicable, prevent access to the premises by unauthorised persons. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 412 -- 43 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 40 Authorised by the Chief Parliamentary Counsel Subdivision 3—Stability and interaction of dangerous goods 414 Stability (1) An occupier of premises where dangerous goods are stored and handled must ensure, so far as is practicable, that the dangerous goods do not inadvertently become unstable, decompose or change so as to— (a) create a hazard that is different from the hazard originally created by the dangerous goods; or (b) increase the risk associated with the dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Without limiting the generality of subregulation (1), the occupier must ensure that— (a) if the stability of the dangerous goods is dependent on the maintenance of levels of stabilisers, those levels are maintained as specified by the manufacturer of the dangerous goods; and (b) if the dangerous goods are required to be stored or handled at, or below, a particular control temperature specified by the manufacturer, they are stored at or below that temperature. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) Subregulation (2) does not apply in relation to dangerous goods that are about to be used in a manufacturing process. r. 414 -- 44 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 41 Authorised by the Chief Parliamentary Counsel 415 Isolation Without affecting the generality of regulations 407 and 410, an occupier of premises where dangerous goods are stored and handled must ensure that the risk to persons and property not located at the premises that arises from an incident— (a) is eliminated; or (b) if it is not practicable to eliminate the risk, is reduced so far as is practicable by isolation. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 416 Interaction with other substances An occupier of premises where dangerous goods are stored and handled must ensure that the risk associated with the chemical and physical reaction between the dangerous goods and other substances or articles at the premises— (a) is eliminated; or (b) if it is not practicable to eliminate the risk, is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 417 Interaction with other plant and processes An occupier of premises where dangerous goods are stored and handled must, so far as is practicable, ensure that any structure, plant (including the materials used in the plant), system of work or activity that— (a) is not used to store or handle dangerous goods at the premises; and r. 415 -- 45 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 42 Authorised by the Chief Parliamentary Counsel (b) is capable of interacting with the dangerous goods at the premises— does not increase the risk associated with the storage and handling of dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Subdivision 4—Plant and structures 418 Structures and plant—condition and repair (1) An occupier of premises where dangerous goods are stored and handled must, subject to regulations 419 and 420, ensure that structures and plant used for the storage and handling of dangerous goods are manufactured, installed, commissioned, operated, tested, maintained, repaired and decommissioned— (a) so as to eliminate the risk associated with the storage and handling of the dangerous goods; or (b) if it is not practicable to eliminate the risk, so as to reduce the risk so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) If the maintenance or repair of any structure or plant referred to in subregulation (1) involves the use of welding, cutting or other processes that generate heat or introduce ignition sources, the occupier must ensure that the risk of a fire or explosion involving the dangerous goods— (a) is eliminated; or r. 418 -- 46 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 43 Authorised by the Chief Parliamentary Counsel (b) if it is not practicable to eliminate the risk, is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 419 Containers for bulk dangerous goods (1) Without limiting the generality of regulation 418, an occupier of premises where bulk dangerous goods are stored in a container must ensure that— (a) the container and its associated pipework are provided with stable foundations and supports; and (b) any pipework or equipment connected to the container is installed so as to prevent excessive stress on the container, pipework or equipment; and (c) the container and its associated pipework are protected from corrosion; and (d) the container is inspected at intervals that are sufficient to ensure the integrity and serviceability of the container; and (e) the results of an inspection under paragraph (d) are recorded and retained for as long as the container remains in service and on the premises managed and controlled by the occupier; and (f) in the event of the occupier ceasing to manage and control the premises, the recorded results of an inspection are delivered to the person who subsequently becomes the occupier. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 419 -- 47 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 44 Authorised by the Chief Parliamentary Counsel (2) A person who— (a) becomes an occupier of premises; and (b) takes delivery of recorded inspection results under subregulation (1)(f)— must retain the record in accordance with subregulation (1)(e). Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 420 Clearing of decommissioned receptacles (1) Without limiting the generality of regulation 418, the occupier of premises where a receptacle that was used in connection with dangerous goods— (a) is no longer intended to be so used; or (b) is to be disposed of— must ensure that the receptacle is cleared of dangerous goods in accordance with subregulation (2). Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) For the purposes of subregulation (1), the occupier must ensure that— (a) the receptacle is— (i) thoroughly cleaned so that there is no discernible trace of the dangerous goods; or (ii) subjected to a process in which its contents are neutralised, cured or chemically deactivated; and r. 420 -- 48 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 45 Authorised by the Chief Parliamentary Counsel (b) the atmosphere within the receptacle is cleared— (i) if the gas or vapour in the atmosphere is listed in the Hazardous Substances Information System (HSIS) published by SafeWork Australia on its Internet site, as amended from time to time, to ensure that the concentration (calculated as the time-weighted average over 8 hours) of the gas or vapour in the atmosphere is less than the listed concentration for the gas or vapour; or (ii) if the gas or vapour in the atmosphere is dangerous goods of Class 2.1, Class 3 or subsidiary risk 3, to ensure that the concentration of those goods in the atmosphere is less than 5% of the lower explosive limit for the goods when sampled at ambient temperature; or (iii) if the gas or vapour in the atmosphere is a gas or vapour to which both subparagraphs (i) and (ii) apply, to ensure that the requirements of subparagraphs (i) and (ii) are complied with. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 421 Protection from impact An occupier of premises where dangerous goods are stored and handled must ensure that the dangerous goods and any structure or plant associated with the storage and handling of the dangerous goods is, so far as is practicable, r. 421 -- 49 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 46 Authorised by the Chief Parliamentary Counsel protected against damage from impact with vehicles, mobile plant, ships or boats. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Subdivision 5—Spill control 422 Spill containment (1) An occupier of premises where dangerous goods are stored and handled must ensure that, in each area at the premises where dangerous goods are stored or handled, provision is made for spill containment that will— (a) eliminate the risk from any spill or leak of solid or liquid dangerous goods, or if it is not practicable to eliminate the risk, reduce it so far as is practicable; and (b) so far as is practicable, contain within the premises the dangerous goods that have been spilled or leaked and any solid or liquid effluent arising from an incident. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) In the case of dangerous goods contained in a tank, the spill containment for that tank must not be shared with any other dangerous goods or other substances that are not compatible with the dangerous goods in the tank. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 422 -- 50 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 47 Authorised by the Chief Parliamentary Counsel (3) In the event of a spill or leak of dangerous goods, the occupier must ensure that— (a) immediate action is taken to reduce any risk associated with the spill or leak so far as is practicable; and (b) the dangerous goods and any resulting effluent are, as soon as reasonably possible, cleaned up and disposed of or otherwise made safe. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 423 Transfer of dangerous goods (1) An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with the transfer of dangerous goods— (a) from area to area within the premises; or (b) from or into a container on the premises— is eliminated, or if it is not practicable to eliminate the risk, is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) In controlling risk in accordance with subregulation (1), the occupier must, as relevant, have regard to— (a) the need for measures to— (i) control spills and leaks; and (ii) minimise static electricity; and (iii) control vapour generation; and r. 423 -- 51 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 48 Authorised by the Chief Parliamentary Counsel (b) the compatibility of pipework at the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) In relation to the transfer of dangerous goods into a container used for the storage of dangerous goods in bulk, the occupier must ensure, so far as is practicable, that engineering controls are used to control the risk associated with overfilling the container. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Subdivision 6—Dangerous atmospheres 424 Ignition sources in hazardous areas An occupier of premises where dangerous goods are stored and handled must ensure that, so far as is practicable, ignition sources are not present in any hazardous area within the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 425 Ventilation and atmospheric emissions An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with any atmospheric conditions that are flammable, explosive or asphyxiant— (a) is eliminated; or r. 424 -- 52 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 49 Authorised by the Chief Parliamentary Counsel (b) if it is not practicable to eliminate the risk, is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. [There is no regulation 426.] Division 5—Preparedness for incidents and emergencies Subdivision 1—Manifests 427 Manifest to be maintained (1) Premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed "Manifest Quantity" in the table in Schedule 2 are prescribed premises for the purposes of section 30 of the Act. (2) A manifest is in the prescribed form for the purposes of section 30 of the Act if it contains the information specified in Schedule 3. (3) An occupier of prescribed premises must ensure that the manifest is kept on the premises in a place where it is readily accessible to the emergency services authority. Note Failure to keep a manifest in accordance with this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act (see section 30 of the Act). r. 427 -- 53 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 50 Authorised by the Chief Parliamentary Counsel 428 Revision of manifest An occupier of premises referred to in regulation 427 must ensure that the manifest is revised as soon as possible after a change in any of the information specified in Schedule 3. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Subdivision 2—Placards 429 Outer warning placards If the quantities of dangerous goods stored and handled at premises exceed the relevant quantities specified in the column headed "Placarding Quantity" in the table in Schedule 2, the occupier of those premises must ensure that a "HAZCHEM" outer warning placard as specified in Schedule 4 is displayed— (a) in the case of a farm or a school, university or other educational institution, at the main road entrance to the premises; and (b) in the case of any other premises, at every entrance for road vehicles and every rail entrance. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 430 Placarding requirements (1) An occupier of premises where dangerous goods are stored and handled must ensure that— (a) any container or other storage of dangerous goods in bulk; and r. 428 -- 54 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 51 Authorised by the Chief Parliamentary Counsel (b) any storage of packaged dangerous goods that exceeds the relevant quantity specified in the column headed "Placarding Quantity" in the table in Schedule 2— is placarded in accordance with this regulation. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Subregulation (1) does not apply to— (a) dangerous goods in bulk in any container, including an IBC, that is intended for transport and marked in accordance with the ADG Code; or (b) C1 combustible liquids in bulk in a quantity not exceeding 10 000 L that are isolated from other dangerous goods; or (c) dangerous goods of Class 2.1 or 3 or C1 combustible liquids, that are stored in an underground tank at a retail outlet where the goods are used to refuel vehicles. (3) The dimensions, design, layout and content of a placard must be in accordance with Schedule 4. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) A placard must be kept clean, in good order and unobstructed. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 430 -- 55 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 52 Authorised by the Chief Parliamentary Counsel (5) A placard required by subregulation (1) or by regulation 429 must be located— (a) so that it is clearly legible by persons approaching the placard; and (b) so that it is separate from any other sign or writing which contradicts, qualifies or distracts attention from the placard. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (6) A placard required by subregulation (1)(a) must be located on or adjacent to each container or storage. (7) A placard required by subregulation (1)(b) must be located— (a) at the entrance to any building in which the dangerous goods are stored; and (b) within a building referred to in paragraph (a), at the entrance to each room or other closed or walled section of the building in which the dangerous goods are stored; and (c) adjacent to any external storage area where the dangerous goods are stored. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (8) If the dangerous goods to which placards apply are removed from the premises, the occupier must remove the placards. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 430 -- 56 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 53 Authorised by the Chief Parliamentary Counsel 431 Different location permitted (1) An occupier of premises that are required to be placarded under this subdivision may place placards in locations different from those specified in this subdivision if the emergency services authority agrees with the placards being in those different locations. (2) The occupier must ensure that the agreement of the emergency services authority is in writing and is readily available for inspection by the Authority. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 432 Revision The occupier must ensure that all placards required by this subdivision are revised as soon as possible after any change to the type or quantity of dangerous goods stored at the premises that requires different information to be displayed. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 433 Placards in place on commencement date (1) A placard that is in place immediately before the commencement day and that is in accordance with the 2000 Regulations is taken to be in compliance with this subdivision. (2) Subregulation (1) does not apply if the placard is illegible or is replaced on or after the commencement day. r. 431 -- 57 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 54 Authorised by the Chief Parliamentary Counsel Subdivision 3—Equipment and planning 434 Equipment for clean-up An occupier of premises where dangerous goods are stored and handled must ensure that equipment and materials appropriate for persons to use for the containment and clean-up of reasonably foreseeable escapes, spills or leaks of dangerous goods are— (a) kept on the premises; and (b) accessible at all times to persons on the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 435 Fire protection—general (1) An occupier of premises where dangerous goods are stored and handled must ensure that— (a) the premises are provided with a fire protection system that— (i) is designed and constructed for the types and quantities of dangerous goods and the conditions under which they are stored and handled; and (ii) uses fire fighting media that are compatible with the dangerous goods and are effective in the control of incidents involving the types and quantities of dangerous goods; and (b) the fire protection system is— (i) properly installed, tested and maintained; and r. 434 -- 58 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 55 Authorised by the Chief Parliamentary Counsel (ii) at all times accessible to persons on the premises and to the emergency services authority; and (iii) is capable of being used, without adaptation or modification, with the equipment used by the emergency services authority. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) The occupier must, if any of the components of the fire protection system are rendered inoperative, ensure that— (a) the implications of any of the components of the system being unserviceable or inoperative are assessed; and (b) alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when functioning fully; and (c) the fire protection system is returned to full operation as soon as possible. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subregulation (2)(a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the emergency services authority of the condition of the fire protection system. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 435 -- 59 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 56 Authorised by the Chief Parliamentary Counsel (4) In determining the alternative measures required under subregulation (2)(b) the occupier must have regard to the need for— (a) the provision of alternative fire protection measures; and (b) a reduction of the quantities of dangerous goods; and (c) stopping or limiting the processes used for the storage and handling of dangerous goods; and (d) modifications to systems of work. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 436 Fire protection—premises exceeding relevant Fire Protection Quantity (1) If an occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed "Fire Protection Quantity" in the table in Schedule 2 intends to establish a fire protection system for the premises, the occupier must— (a) request the written advice of the emergency services authority, in relation to the design of the fire protection system for the premises; and (b) in establishing the fire protection system for the premises, have regard to that written advice. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 436 -- 60 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 57 Authorised by the Chief Parliamentary Counsel (2) An occupier of premises to which subregulation (1) applies must request the written advice of the emergency services authority in relation to the design of the fire protection system for the premises and have regard to that written advice, before— (a) making modifications to— (i) any building or structure on the premises; or (ii) the types or quantities of dangerous goods stored or handled on the premises; or (iii) the plant or processes, including the introduction of new plant or processes, associated with the storage or handling of dangerous goods— that require a review of the risk assessment for the premises under regulation 405(3); or (b) altering the fire protection system on the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 437 Planning for emergencies (1) This regulation applies in relation to premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed "Manifest Quantity" in the table in Schedule 2. (2) An occupier of premises to which this regulation applies must ensure that a written plan for dealing with any emergency associated with the storage and handling of dangerous goods on those premises is— r. 437 -- 61 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 58 Authorised by the Chief Parliamentary Counsel (a) developed, implemented and maintained; and (b) communicated to— (i) persons who are engaged by the occupier to work at the premises and who may be exposed to risk as a result of an emergency; and (ii) persons in management and control of adjacent premises, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) In developing or reviewing the emergency plan, the occupier must— (a) request the written advice of the emergency services authority; and (b) have regard to that written advice. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) The occupier must ensure that the emergency plan required under this regulation reduces the risk, so far as is practicable, associated with an emergency. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 437 -- 62 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 59 Authorised by the Chief Parliamentary Counsel (5) Without limiting the generality of this regulation, the occupier must ensure that the plan clearly describes the location of the manifest maintained under Subdivision 1 of this Division. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (6) The occupier must review the emergency plan— (a) if there is a change in circumstances at the premises and the plan no longer complies with subregulation (4); and (b) at intervals of not more than 5 years from the date on which the plan was developed or last reviewed. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Division 6—Material Safety Data Sheets 438 Currency and accessibility (1) An occupier of premises where dangerous goods are stored and handled must— (a) obtain the current MSDS for those dangerous goods on or before the first occasion that they are supplied to the premises; and (b) ensure that the current MSDS is available for all dangerous goods stored and handled at the premises and is readily accessible to persons engaged by the occupier to work at the premises, to the emergency services authority and to any other person on the premises; and r. 438 -- 63 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 60 Authorised by the Chief Parliamentary Counsel (c) ensure that the information in the MSDS is only altered where permitted or required by these Regulations. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Paragraphs (a) and (b) of subregulation (1) do not apply in relation to dangerous goods that are— (a) dangerous goods in transit; or (b) stored and handled at a retail outlet in consumer packages that are intended for retail sale and that remain sealed and unopened until sold. (3) If subregulation (2) applies, and the occupier does not possess a current MSDS for dangerous goods on the premises, the occupier must ensure that alternative information in relation to the safe storage and handling of the dangerous goods is readily accessible to persons engaged by the occupier to work at the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) If an occupier makes available, in addition to the MSDS, information in relation to the safe storage and handling of the dangerous goods to which the MSDS relates, the occupier must ensure that the additional information is— (a) consistent with the information contained in the MSDS; and (b) clearly identified as being provided by the occupier. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. r. 438 -- 64 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 61 Authorised by the Chief Parliamentary Counsel Division 7—Marking 439 Packages received (1) If an occupier of premises receives a package of dangerous goods that is marked in accordance with regulation 302, the occupier must ensure, during the period the dangerous goods remain in the package, that— (a) the package remains so marked; and (b) the marking remains legible and is not removed, defaced or altered. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) If— (a) the dangerous goods are removed from the package; and (b) the package remains marked as it was when it was received— the container forming part of the package must not be used to contain dangerous goods other than dangerous goods of the type that was in the package when it was first received. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 440 Transfer (1) If dangerous goods are transferred into a portable container for use at the premises, the occupier must ensure that— (a) the container into which the dangerous goods are transferred is clearly labelled with the Class label, subsidiary risk label and product name of the dangerous goods; or r. 439 -- 65 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 62 Authorised by the Chief Parliamentary Counsel (b) if it is not possible to label the container with the Class label, subsidiary risk label and product name of the dangerous goods, another means of clearly identifying the dangerous goods is used. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Subregulation (1) does not apply if the dangerous goods transferred are to be used immediately and the portable container is cleared in accordance with regulation 420. 441 Pipework An occupier of premises where dangerous goods are stored and handled must ensure that any pipework containing dangerous goods is marked so as to ensure, so far as is practicable, that the dangerous goods are clearly identified to persons engaged by the occupier to work at the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. Division 8—Register 442 Register of dangerous goods (1) An occupier of premises where dangerous goods are stored and handled must ensure that— (a) a register is kept and maintained for the dangerous goods stored and handled; and (b) the register contains a list of all dangerous goods stored and handled at the premises and, if required, a MSDS for each of the dangerous goods; and r. 441 -- 66 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 63 Authorised by the Chief Parliamentary Counsel (c) the register is readily accessible to any person engaged by the occupier to work at the premises and any other person who is likely to be affected by the dangerous goods on the premises. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) Subregulation (1) does not apply to dangerous goods received in packages of such a size that they do not have to be marked under the ADG Code. (3) Subregulation (1) does not apply to dangerous goods in transit. Division 9—Incidents 443 Prescription of persons and dangerous goods under section 32 of the Act (1) The occupier of premises where dangerous goods are stored and handled is a prescribed person for the purposes of section 32(1) of the Act. (2) Dangerous goods of Class 2.2, other than those listed in Schedule 5, are prescribed dangerous goods for the purposes of section 32(2)(a) of the Act. (3) A quantity of packaged dangerous goods (other than Class 2.3 or Packing Group I) less than 250 kg or 250 L, that is involved in a fire, explosion, spillage, leakage or escape that does not result in injury to any person or damage to any property, is a prescribed quantity of dangerous goods for the purposes of section 32(2)(b) of the Act. r. 443 -- 67 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 64 Authorised by the Chief Parliamentary Counsel 444 Response to emergencies (1) An occupier of premises where dangerous goods are stored and handled must respond to an emergency at the premises by ensuring that— (a) immediate action is taken to assess and control any risk associated with the emergency, including making any plant or equipment associated with the emergency and the surrounding area safe so far as is practicable; and (b) only persons essential to carrying out the action referred to in paragraph (a) remain in the vicinity of the emergency; and (c) the risk to each person engaged by the occupier at the premises to carry out the action referred to in paragraph (a) is reduced so far as is practicable. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) The duties of the occupier under subregulations (1)(b) and (1)(c) do not extend to members of the emergency services authority responding to the emergency. 445 Investigation of incidents An occupier of premises where dangerous goods are stored and handled must ensure that— (a) any incident occurring at the premises is investigated and that the investigation, so far as possible, determines the cause or likely cause of the incident; and (b) a record of the investigation of the incident is— r. 444 -- 68 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 65 Authorised by the Chief Parliamentary Counsel (i) made; and (ii) kept for at least 5 years; and (iii) readily available, on request, to the Authority. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 446 Risk assessment and control following incidents The occupier of premises where an incident has occurred must— (a) review the risk assessment carried out in accordance with regulation 405, taking into account the results of the investigation into the incident; and (b) if the review identifies deficiencies in any risk control measures, alter those measures or implement new measures in accordance with this Part. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 447 Authority may request information (1) The Authority may request any information from an occupier of premises where dangerous goods are stored and handled in relation to— (a) the cause or effect of an incident that has occurred on the premises; and (b) any action taken by the occupier as a result of the incident. (2) A request for information must— (a) be in writing; and (b) specify a reasonable period within which the occupier must respond. r. 446 -- 69 of 92 -- Part 4—Duties of Occupier Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 66 Authorised by the Chief Parliamentary Counsel (3) The occupier must provide the requested information— (a) in writing; and (b) within the period specified by the Authority. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (4) This regulation does not apply to an incident at premises that are not a workplace. __________________ r. 447 -- 70 of 92 -- Part 5—Notification Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 67 Authorised by the Chief Parliamentary Counsel PART 5—NOTIFICATION [There is no regulation 501, 502, 503, 504 or 505.] 506 Notification to Authority (1) An occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in the column headed "Manifest Quantity" in the table in Schedule 2, must ensure that the Authority is notified of the presence of those dangerous goods. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (2) A notification to the Authority under subregulation (1) must— (a) be given within 14 days after the obligation to notify arises; and (b) include the following information— (i) the name of the occupier; and (ii) the address of the premises where the dangerous goods are stored and handled; and (iii) the occupier's contact details; and (iv) the nature of the principal activities involving the dangerous goods; and r. 506 -- 71 of 92 -- Part 5—Notification Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 68 Authorised by the Chief Parliamentary Counsel (v) the Class and the maximum quantity of the dangerous goods stored and handled in bulk or as packaged dangerous goods; and (vi) descriptions and details and the maximum quantity of any C1 combustible liquids stored and handled in bulk or as packaged dangerous goods; and (vii) the product name and the maximum quantity of goods too dangerous to be transported. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. (3) The occupier must ensure that the Authority is provided with further notification, containing the information required under subregulation (2), every 2 years, or at such longer intervals as are specified by the Authority. Note Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act. 507 Authority to acknowledge notification On receiving a notification under regulation 506, the Authority must send the occupier a written acknowledgment of the notification. __________________ r. 507 -- 72 of 92 -- Part 6—General Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 69 Authorised by the Chief Parliamentary Counsel PART 6—GENERAL 601 Expiry of these Regulations These Regulations expire on 1 December 2012. __________________ r. 601 -- 73 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 70 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 105 SERIES OF STANDARDS AS 2106.0:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 0: General AS/NZS 2106.1:1999 Methods for the determination of the flash point of flammable liquids (closed cup), Part 1: Abel closed cup method AS 2106.2:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 2: Determination of flash point—Pensky-Martens closed cup method AS 2106.3:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 3: Determination of flash/no flash—Rapid equilibrium closed cup method AS 2106.4:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 4: Determination of flash point—Rapid equilibrium closed cup method AS 2106.5:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 5: Determination of flash/no flash—Closed cup equilibrium method AS 2106.6:2005 Methods for the determination of the flash point of flammable liquids (closed cup), Part 6: Determination of flash point—Closed cup equilibrium method __________________ Sch. 1 -- 74 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 71 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulations 427(1), 429, 430(1), 436(1) and 437(1) QUANTITIES OF DANGEROUS GOODS 1 For the purposes of the table below, the Placarding Quantity, Manifest Quantity or Fire Protection Quantity is equal to the total of the quantities determined in accordance with regulation 204. 2 In the table below, kg or L means, where this combination of letters immediately follows numbers, the combined total of— (a) the number of kilograms of non-liquid dangerous goods; and (b) the number of litres of liquid dangerous goods; and (c) the capacity of containers of Class 2 dangerous goods— determined in accordance with regulation 204. Item Description of Dangerous Goods Packing Group Placarding Quantity Manifest Quantity Fire Protection Quantity 1. Class 2 Class 2.1 N/A 500 L 5000 L 5000 L Class 2.2 subsidiary risk 5.1 N/A 2000 L 10 000 L 20 000 L Other Class 2.2 N/A 5000 L 10 000 L 20 000 L Class 2.3 N/A 50 L 500 L 2000 L Aerosols N/A 5000 L 10 000 L 20 000 L Cryogenic Fluids N/A 1000 L 10 000 L 20 000 L Sch. 2 -- 75 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 72 Authorised by the Chief Parliamentary Counsel Item Description of Dangerous Goods Packing Group Placarding Quantity Manifest Quantity Fire Protection Quantity 2. Class 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1 or 8 I 50 kg or L 500 kg or L 2000 kg or L II 250 kg or L 2500 kg or L 10 000 kg or L III 1000 kg or L 10 000 kg or L 20 000 kg or L Mixed Packing Groups in a single Class with the quantity of each Packing Group below the specified quantity for the Packing Group. 1000 kg or L 10 000 kg or L 20 000 kg or L 3. Class 9 II 1000 kg or L 10 000 kg or L 20 000 kg or L III 5000 kg or L 10 000 kg or L 20 000 kg or L Mixed Packing Groups in Class 9 with the quantity of each Packing Group below the specified quantity for the Packing Group. 5000 kg or L 10 000 kg or L 20 000 kg or L Sch. 2 -- 76 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 73 Authorised by the Chief Parliamentary Counsel Item Description of Dangerous Goods Packing Group Placarding Quantity Manifest Quantity Fire Protection Quantity 4. Mixed Classes of dangerous goods where none of the Classes, types or Packing Groups (if any) present exceeds the quantities specified for the relevant quantity in Items 1, 2 and 3 of this Table. N/A 5000 kg or L— The quantity only applies where the Placarding Quantity for an individual Class that is present is 5000 kg or L. 10 000 kg or L 20 000 kg or L 2000 kg or L— The quantity only applies where the Placarding Quantity for all of the Classes present is 2000 kg or L or less. 5. C1 combustible liquids stored and handled with fire risk dangerous goods where none of the Classes, types or Packing Groups (if any) present exceeds the relevant quantities in Items 1, 2 or 3 of this Table. N/A 1000 kg or L 10 000 kg or L 20 000 kg or L Sch. 2 -- 77 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 74 Authorised by the Chief Parliamentary Counsel Item Description of Dangerous Goods Packing Group Placarding Quantity Manifest Quantity Fire Protection Quantity 6. Goods too dangerous to be transported that are not kept in a laboratory. N/A 0 kg or L 0 kg or L 0 kg or L 7. C1 combustible liquids in bulk stored and handled in isolation from other dangerous goods. N/A 10 000 L 100 000 L 100 000 L C1 combustible liquids stored and handled in packages in isolation from other dangerous goods. N/A 50 000 L 100 000 L 100 000 L C1 combustible liquids in bulk and in packages stored and handled in isolation from other dangerous goods provided the quantity in bulk is 10 000 L or less. N/A 50 000 L 100 000 L 100 000 L Note For the purposes of item 3 in the Table, where Class 9 dangerous goods do not have a Packing Group assigned to them, they are taken to be assigned to Packing Group III. __________________ Sch. 2 -- 78 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 75 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulations 427(2) and 428 INFORMATION TO BE CONTAINED IN A MANIFEST Information to be contained in a manifest maintained under section 30 of the Act— 1 General information (a) The name of the occupier of the premises. (b) The address of the premises. (c) The date when the manifest was prepared or last revised. 2 Emergency contacts Contact information for at least 2 persons who may be contacted in the event of an incident. 3 Summary information about Classes of dangerous goods A summary list that specifies the maximum quantity of— (a) each Packing Group of each Class of dangerous goods that has Packing Groups; and (b) each Class of dangerous goods that does not have Packing Groups; and (c) C1 combustible liquids; and (d) each type of goods too dangerous to be transported— at the premises. Sch. 3 -- 79 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 76 Authorised by the Chief Parliamentary Counsel 4 Dangerous goods stored in bulk other than in IBCs (1) In relation to each container (other than an IBC) and each other storage of dangerous goods in bulk at the premises— (a) the identification number or code; and (b) the type and capacity. (2) In relation to dangerous goods that are— (a) dangerous goods other than C1 combustible liquids or goods too dangerous to be transported—the proper shipping name, the UN Number and Class of the dangerous goods; and (b) C1 combustible liquids—the product name and the statement "Combustible Liquid"; and (c) goods too dangerous to be transported—the name of the goods specified in Appendix A of the ADG Code and the statement "Goods too dangerous to be transported". 5 Packaged dangerous goods In relation to each storage area that contains packaged dangerous goods or dangerous goods in IBCs, and that is required to be placarded in accordance with Subdivision 2 of Division 5 of Part 4— (a) the identification number or code for the storage area; and (b) for dangerous goods of Packing Group I or Class 2.3 that are likely to be kept in the area— (i) the proper shipping name of the dangerous goods that are assigned to a Class; and (ii) the Class; and Sch. 3 -- 80 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 77 Authorised by the Chief Parliamentary Counsel (iii) the maximum quantity of each of the dangerous goods likely to be kept; and (c) for goods too dangerous to be transported that are likely to be kept in the area— (i) the name of the dangerous goods specified in Appendix A of the ADG Code; and (ii) the statement "Goods too dangerous to be transported"; and (iii) the maximum quantity of each of the dangerous goods likely to be kept; and (d) for other dangerous goods that are likely to be kept in the area— (i) for dangerous goods with an assigned Class—the Class for the dangerous goods; and (ii) for C1 combustible liquids—the statement "Combustible Liquid"; and (iii) in any case, the maximum quantity of each Class and the maximum quantity of C1 combustible liquids. 6 Dangerous goods in manufacture In relation to each area where dangerous goods are manufactured— (a) the identification number or code of the manufacturing area; and (b) for dangerous goods with an assigned Class—the Class of each type of dangerous goods and the maximum quantity of each Class; and Sch. 3 -- 81 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 78 Authorised by the Chief Parliamentary Counsel (c) for goods too dangerous to be transported— the statement "Goods too dangerous to be transported" and the maximum quantity of those goods; and (d) for C1 combustible liquids—the statement "C1 combustible liquid" and the maximum quantity of C1 combustible liquids. 7 Dangerous goods in transit If, in relation to any dangerous goods in transit at the premises, there are dangerous goods shipping documents that comply with the ADG Code available for the goods, the information required by clauses 3, 4 and 5 may be provided in the form of a compilation of those shipping documents. 8 Plan of premises A plan of the premises that— (a) shows the location of— (i) the containers and other storages of dangerous goods in bulk referred to in clause 4; and (ii) the storage areas for packaged dangerous goods and dangerous goods in IBCs referred to in clause 5; and (iii) the areas referred to in clause 6 where dangerous goods are manufactured; and (b) includes a description in words of the location of— (i) the items referred to in paragraph (a); and (ii) areas where dangerous goods in transit may be located; and (c) provides the identification number or code for the items referred to in paragraph (b); and Sch. 3 -- 82 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 79 Authorised by the Chief Parliamentary Counsel (d) provides a legend for the identification numbers and codes referred to in paragraph (c); and (e) shows the location of— (i) the main entrance and the other points of entry to the premises; and (ii) essential site services, including fire services and isolation points for fuel and power; and (iii) the manifest; and (iv) the location of all drains on the site; and (f) describes the nature of the occupancy of adjoining sites or premises. __________________ Sch. 3 -- 83 of 92 -- Sch. 4 Dangerous Go 1 Outer (1) T (2) T in st b (3) F c A F w 2 Placar 2.2, 2.3 (1) T d 4 c oods (Storage S.R Authorised by S PLACARD warning p The placard (a) the form (b) dimens Figure The placard n red letters tyle shown background. For the purp olour Signa AS 2700S:20 Figure 1—For warning placa rd for dang 3, 3, 4.1, 4.2 The placard dangerous go 4.1, 4.2, 4.3, lause 3(4), (a) the form (b) dimens Figure e and Handling R. No. 134/20 80 the Chief Parliam SCHEDULE DING REQUI placard must have— m shown in sions not les 1. must displa s not less tha in Figure 1 poses of sub al Red in ac 011 (R13). rm and dimen ard gerous good 2, 4.3, 5.1, required by oods in bulk , 5.1, 5.2, 6. have— m shown in sions not les 2. g) Interim Reg 011 mentary Counsel E 4 Regulati IREMENTS — n Figure 1; a ss than thos ay the word an 100 mm , on a white clause (2), r cordance w nsions of an o ds in bulk o 5.2, 6.1, 8 o y regulation k of Class 2 .1, 8 or 9 mu n Figure 2; a ss than thos gulations 201 ons 429 and 4 and e shown in "HAZCHE high and of e or silver red means t with outer of Class 2.1 or 9 n 430 for 2.1, 2.2, 2.3 ust, subject and e shown in 1 430(3) EM" f the the 1, , 3, t to -- 84 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 81 Authorised by the Chief Parliamentary Counsel (2) The placard must contain the following information— (a) in space (p) in Figure 2, the proper shipping name; and (b) in space (q) in Figure 2, the UN Number; and (c) in space (r) in Figure 2, the Hazchem Code for the dangerous goods specified in the ADG Code; and (d) in space (s) in Figure 2, the Class label and subsidiary risk label, if any. (3) For the purposes of subclause (2)(d)— (a) the Class label and the subsidiary risk label, if any, must have the form and colouring specified in the ADG Code; and (b) if there is more than one subsidiary risk label, the width of the right hand portion of the placard may be extended. 3 Placard for dangerous goods in bulk that are goods too dangerous to be transported (1) The placard required by regulation 430 for dangerous goods in bulk that are goods too dangerous to be transported must, subject to subclause (4), have— (a) the form shown in Figure 2; and (b) dimensions not less than those shown in Figure 2. (2) The placard must contain the following information— (a) in space (p) in Figure 2, the name for the goods specified in Appendix A of the ADG Code; and (b) space (q) in Figure 2 must be left blank; and Sch. 4 -- 85 of 92 -- Sch. 4 Dangerous Go (3) In u n C (4) A la d re fo th oods (Storage S.R Authorised by (c) space ( (d) in spac Figure Figure 2 goods (o n relation to used for show name of the Code must b (a) black o letter o black b (b) at least proper used, in least 50 An Emergen ayout in acc dangerous go equired by c for a storage he placards e and Handling R. No. 134/20 82 the Chief Parliam (r) in Figure e (s) in Figu 4. 2—Template f other than C1 o Figure 2, t wing the pr goods, UN be— on a white b f the Hazch background; t 100 mm hi shipping na n which cas 0 mm high. ncy Informa cordance wi oods that co clause 2 or e of dangero referred to g) Interim Reg 011 mentary Counsel e 2 must be ure 2, the la for a placard f combustible the numeral roper shippi Number an background, hem Code is ; and igh, except ame require se the letteri ation Panel o ith the ADG ontains the i 3 may be us ous goods in in clause 2( gulations 201 left blank; a abel specifie for dangerou liquids) in bu ls and letter ing name or nd Hazchem except whe s white on a where the es 2 lines to ing must be of a size and G Code for t information sed as a pla n bulk instea (1) or 3(1). 1 and ed in us ulk rs r m ere a a be at d the n acard ad of -- 86 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 83 Authorised by the Chief Parliamentary Counsel 4 Placard for packaged dangerous goods other than C1 combustible liquids (1) The placard required by regulation 430 for packaged goods other than C1 combustible liquids must have the form shown in Figure 3 and be of sufficient size to accommodate the labels to be displayed on it. (2) The placard must have a white or silver background. (3) The placard must display— (a) for dangerous goods present in the storage area, other than goods too dangerous to be transported— (i) the corresponding Class label for each Class of dangerous goods present in a quantity that exceeds the quantity specified in the column headed "Placarding Quantity" in the table in Schedule 2; and (ii) if the total quantity of mixed Classes of dangerous goods exceeds the mixed Classes quantity specified in Item 4 of the table in Schedule 2— (A) a Class label for each Class of dangerous goods present that exceeds 50% of the quantity specified for the Class in Items 1, 2 or 3 of the table; or (B) if no other Class label is required, a mixed Class label; and (iii) for C1 combustible liquids and fire risk dangerous goods in an aggregate quantity exceeding 1000 L—a Class 3 Class label; and Sch. 4 -- 87 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 84 Authorised by the Chief Parliamentary Counsel (b) for goods too dangerous to be transported present in the storage area, the label specified in Figure 4. Figure 3—Form and dimensions of a placard for storages of packaged dangerous goods Note The Class label, mixed Class label and the label required by clause 4(3) must have sides at least 100 mm long. Figure 4—Form of a label for goods too dangerous to be transported Sch. 4 Colour Top half—Canary to A5 2700S: 2011(Y11) Bottom half—Canary to A5 2700S: 2011(R13) -- 88 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 85 Authorised by the Chief Parliamentary Counsel 5 Placard for C1 combustible liquids (in bulk and in packages) A placard for C1 combustible liquids in bulk and in packages must display the words "COMBUSTIBLE LIQUID" as shown in Figure 5—in black letters in the style shown, not less than 100 mm high and on a white or silver background. Figure 5—Placard for C1 combustible liquids __________________ Sch. 4 -- 89 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 86 Authorised by the Chief Parliamentary Counsel SCHEDULE 5 Regulation 443(2) LIST OF DANGEROUS GOODS OF CLASS 2.2 NOT EXEMPTED FROM SECTION 32 OF THE ACT Dangerous goods from Class 2.2 that are not prescribed for the purposes of section 32(2)(a) of the Act— UN No. Description 1003 AIR, REFRIGERATED LIQUID 1015 CARBON DIOXIDE AND NITROUS OXIDE MIXTURES 1014 CARBON DIOXIDE AND OXYGEN MIXTURES 1070 NITROUS OXIDE, COMPRESSED 2201 NITROUS OXIDE, REFRIGERATED LIQUID 1072 OXYGEN, COMPRESSED 1073 OXYGEN, REFRIGERATED LIQUID 1080 SULPHUR HEXAFLUORIDE ═══════════════ Sch. 5 -- 90 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 87 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 104: S.R. No. 127/2000 as amended by S.R. Nos 96/2005, 54/2007, 166/2008 and 112/2010. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 105— definition of Class label ADG Code Part 5 Regulation 105— definition of control temperature "Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria", 5 th Revised Edition, published by the United Nations in 2009, as amended from time to time ADG Code The whole Parts 2 and 4 Regulation 105— definition of firepoint AS 1940:2004 Clause 1.4.23 Regulation 105— definition of flashpoint AS/NZS 2106 The whole Regulation 105— definition of hazardous area AS/NZS 60079.10.1: 2009 The whole Regulation 105— definition of proper shipping name ADG Code Parts 2 and 3 Endnotes -- 91 of 92 -- Dangerous Goods (Storage and Handling) Interim Regulations 2011 S.R. No. 134/2011 88 Authorised by the Chief Parliamentary Counsel NOTES—continued Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 105— definition of subsidiary risk label ADG Code Chapter 5.2 of Part 5 Regulation 105— definition of UN Number, or UN No. ADG Code Clause 2.0.2 and Part 3 Regulation 301(2)(a)(ii) AS 1940:2004 Clause 1.4.9 Regulation 306(2)(f) ADG Code Appendix A Regulation 420(2)(b)(i) Hazardous Substances Information System (HSIS) published by Safe Work Australia on its Internet site, as amended from time to time The whole Regulation 430(2)(a) ADG Code Part 5 Regulation 442(2) ADG Code Part 5 Schedule 3, clause 4(2)(c) ADG Code Appendix A Schedule 3, clause 5(c)(i) ADG Code Appendix A Schedule 3, clause 7 ADG Code Part 11 Schedule 4 , clause 1(3) AS 2700S:2011 (R13) The whole Schedule 4, clause 3(4) ADG Code Chapter 5.3 of Part 5 Schedule 4 —text attached to Figure 4 AS 2700S:2011 (R13) AS 2700S:2011 (Y11) The whole The whole -- 92 of 92 --