Dangerous Goods (Transport by Rail) Regulations 1998
i
Dangerous Goods (Transport by Rail) Regulations
1998
S.R. No. 153/1998
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 2
3. Revocation of Regulations 2
4. Application of Regulations 2
5. Definitions 2
PART 2—THE TRANSPORT OF DANGEROUS GOODS 3
6. Dangerous Goods transported by rail to be transported in
accordance with the Transport Code 3
7. Matters prescribed for the purposes of section 31(4) of the Act 3
8. Prescribed person for the purposes of section 32(1) of the Act 4
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NOTES 5
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1
STATUTORY RULES 1998
S.R. No. 153/1998
Dangerous Goods Act 1985
Dangerous Goods (Transport by Rail) Regulations
1998
The Governor in Council makes the following Regulations:
Dated: 1 December 1998
Responsible Minister:
ROGER M. HALLAM
Minister for Finance
SHARNE BRYAN
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to
(a) adopt the Transport Code for the purposes of
regulating the transport of dangerous goods
by rail and to ensure consistency with the
provisions for the transport of dangerous
goods by rail in other jurisdictions
throughout Australia; and
(b) prescribe matters for the purposes of the Act;
and
(c) ensure the safety of persons and property in
relation to the transport of dangerous goods
by rail; and
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(d) ensure consistency with the provisions for
the transport of dangerous goods by road.
2. Authorising provisions
These Regulations are made under section 52 of
the Dangerous Goods Act 1985.
3. Revocation of Regulations
The Dangerous Goods (Transport) Regulations
1987 1 are revoked.
4. Application of Regulations
(1) These Regulations apply to the transport of
dangerous goods by rail.
(2) These Regulations do not apply to
(a) the transport of explosives; or
(b) the transport of prescribed waste for which a
permit under Part IXA of the Environment
Protection Act 1970 may be issued.
5. Definitions
(1) Except for the terms defined in these Regulations,
the terms and expressions defined in clause 1.1.3
of the Transport Code2 and Annex 1 of the Rail
(Dangerous Goods) Rules in Schedule 1 of that
Code apply for the purposes of these Regulations.
(2) In these Regulations
"the Act" means the Dangerous Goods Act
1985.
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PART 2—THE TRANSPORT OF DANGEROUS GOODS
6. Dangerous Goods transported by rail to be
transported in accordance with the Transport Code
(1) Subject to sub-regulation (2), the provisions of the
Transport Code, including the Rail (Dangerous
Goods) Rules in Schedule 1 of that Code, must be
complied with in relation to the transport of
dangerous goods by rail.
(2) The provisions of the Transport Code relating to
rail apply as if they did not include any
provision
(a) relating to an approval by the Authority,
except in relation to determining a maximum
permitted filling ratio; or
(b) for licensing.
(3) Any reference in the Transport Code to
"authorised officer" is a reference to an inspector
or a delegate under section 14(3) of the Act.
7. Matters prescribed for the purposes of section 31(4) of
the Act
In relation to the transport of dangerous goods by
rail, all equipment, piping, and fittings are
prescribed as exempt for the purposes of section
31(4) of the Act except
(a) equipment, piping and fittings on or
connected to tanks or bulk containers used to
transport dangerous goods in bulk; and
(b) equipment, piping and fittings on vehicles
used for or in connection with the transfer of
dangerous goods into or from a tank or bulk
container.
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8. Prescribed person for the purposes of section 32(1) of
the Act
In relation to the transport of dangerous goods by
rail, the rail operator is a prescribed person for the
purposes of section 32(1) of the Act.
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NOTES
1 Reg. 3: S.R. No. 369/1987 as amended by S.R. Nos 289/1989, 91/1990,
378/1990, 33/1993, 38/1994, 36/1995, 183/1995, 29/1996 and 24/1998.
2 Reg. 5(1): The Transport Code is defined in the Dangerous Goods Act
1985 as "the document known as the Australian Code for the Transport of
Dangerous Goods by Road and Rail adopted by the body of
Commonwealth and State Ministers known as the Australian Transport
Advisory Council as amended from time to time by resolution of the
Australian Transport Advisory Council".
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 5 Transport Code within the
meaning of the Dangerous
Goods Act 1985
Clause 1.1.3 and
Annex 1 of Rail
(Dangerous
Goods) Rules
Regulation 6 Transport Code within the
meaning of the Dangerous
Goods Act 1985
Whole
document
Regulation 6 AS 1180.13(B) and (C)—
Determination of Electrical
Continuity of a Hose
Assembly with Reinforcing
Wires
Whole
document
Regulation 6 AS 1210—SAA Unfired
Pressure Vessels Code
Whole
document
Notes
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NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 6 AS 1216–1996—Class Labels
for Dangerous Goods
Whole
document
Regulation 6 AS 1301.411s-1989—Water
Asborptiveness of Paper and
Paperboard (Cobb Test)
Whole
document
Regulation 6 AS 1596—LP Gas—Storage
and Handling
Whole
document
Regulation 6 AS /NZS 1841—Portable Fire
Extinguishers—General
Requirements
Whole
document
Regulation 6 AS/NZS 1850—Portable Fire
Extinguishers—Classification,
Rating and Performance
Testing
Whole
document
Regulation 6 AS 1851—Maintenance of
Fire Protection Equipment
Whole
document
Regulation 6 AS 1869—Hose and Hose
Assemblies for Liquefied
Petroleum Gas, Natural Gas
and Town Gas
Whole
document
Regulation 6 AS 1894—Code of Practice
for the Safe Handling of
Cryogenic Liquids
Whole
document
Regulation 6 AS 1940—The Storage and
Handling of Flammable and
Combustible Liquids
Whole
document
Regulation 6 AS 2022—SAA Anhydrous
Ammonia Code
Whole
document
Regulation 6 AS 2030—SAA Gas
Cylinders Code
Whole
document
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NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 6 AS 2278—Metal Aerosol
Containers
Whole
document
Regulation 6 AS 2381—Electrical
Equipment for Explosive
Atmospheres—Selection,
Installation and Maintenance
Whole
document
Regulation 6 AS 2430—Classification of
Hazardous Areas
Whole
document
Regulation 6 AS 2594—Hose and Hose
Assemblies for Liquid
Chemicals
Whole
document
Regulation 6 AS 2683—Hose and Hose
Assemblies for Distribution of
Petroleum and Petroleum
Products (excepting LP Gas)
Whole
document
Regulation 6 AS 2854—Tinplate Cans for
General Use
Whole
document
Regulation 6 AS 2927—The Storage and
Handling of Liquefied
Chlorine Gas
Whole
document
Regulation 6 AS/NZS 3711—Freight
Containers
Those
provisions
which define
"freight
container"
Regulation 6 AS 3788—Pressure
Equipment—In-service
inspection
Whole
document
Regulation 6 AS 3790—Portable Warning
Triangles for Motor Vehicles
Whole
document
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NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 6 "Code of Practice relating to
the design construction and
operations of rolling stock"
published by the Australasian
Railway Association Inc.
Whole
document
Regulation 6 "Dangerous Goods—Initial
Emergency Response Guide"
published by Standards
Australia as SAA/SNZ HB 76
Whole
document
Regulation 6 "Code of Practice for the
Reprocessing of Closed Head
Steel Drums in the Nominal
Capacity Range of 200–220
Litres", which is Supplement
1 to the ADG Code
Whole
document
Regulation 6 "Exposure Standards for
Atmospheric Contaminants in
the Occupational
Environment" published by
the National Occupational
Health and Safety
Commission
Whole
document
Regulation 6 "International Maritime
Dangerous Goods Code"
published by the International
Maritime Organisation
Whole
document
Regulation 6 "Recommendations on the
Transport of Dangerous
Goods, Manual of Tests and
Criteria" published by the
United Nations
Whole
document
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NOTES—continued
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 6 "Specifications for
Intermediate Bulk Containers
for the Transport of
Dangerous Goods" which is
Supplement 2 to the ADG
Code
Whole
document
Regulation 6 "Specification for Segregation
Devices" which is Supplement
3 to the ADG Code
Whole
document
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