Dangerous Goods (Transport) (Amendment) Regulations 1998

i Dangerous Goods (Transport) (Amendment) Regulations 1998 S.R. No. 24/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Principal Regulations 1 4. Definitions 2 5. Substitution of regulation 300 and insertion of regulations 301 and 302 5 300. Dangerous goods to be transported in accordance with the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) and Transport Code including the Rail (Dangerous Goods) Rules 5 301. Certain provisions and definitions to prevail over these Regulations if conflict exists 7 302. Transitional arrangements for compliance 7 6. Amendment of regulation 411 7 7. Amendment of regulation 445 7 ═══════════════ NOTES 9 -- 1 of 11 -- 1 STATUTORY RULES 1998 S.R. No. 24/1998 Dangerous Goods Act 1985 Dangerous Goods (Transport) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 March 1998 Responsible Minister: ROGER M. HALLAM Minister for Finance CON CHARA Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to amend certain definitions and to maintain nationally consistent requirements in relation to the transport of dangerous goods. 2. Authorising provision These Regulations are made under section 52 of the Dangerous Goods Act 1985. 3. Principal Regulations In these Regulations, the Dangerous Goods (Transport) Regulations 1987 1 are called the Principal Regulations. -- 2 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 2 4. Definitions In Regulation 104 of the Principal Regulations— (a) for the definition of "Act" substitute— ' "Act" means, subject to sub-regulation (2), the Dangerous Goods Act 1985;'; (b) in the definition of "approved", for "Director-General" substitute "Authority"; (c) for the definition of "approval" substitute— ' "approval" means, subject to sub- regulation (2), a statement in writing issued by the Authority setting out details of any act, matter or thing which is approved;'; (d) for the definition of "AS" substitute— ' "AS" or "AS/NZS" followed by a group of numerals or a group of one or more letters and one or more numerals means the particular Australian Standard or Australian/New Zealand Standard so identified and which is published by the Standards Association of Australia, as amended from time to time; "bulk" means any quantity for a given Class of dangerous goods greater than the quantities for that Class specified in the definition of "packaged dangerous goods";'; (e) for the definition of "bulk container" substitute— ' "bulk container" means an intermediate bulk container or another container capable of transporting dangerous goods in bulk, other than a tank that forms part of a vehicle;'; r. 4 -- 3 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 3 (f) for the definition of "freight container" substitute— ' "freight container" means a re-usable container of the kind mentioned in AS/NZS 3711 that is designed for repeated use for the transport of goods by 1 or more modes of transport;'; (g) for the definition of "intermediate bulk container" substitute— ' "intermediate bulk container" means a rigid or flexible portable packaging for the transport of dangerous goods that— (a) has a capacity of not more than— (i) for solids of Packing Group I packed in a composite, fibreboard, flexible, wooden or rigid plastics container, 1500 litres; or (ii) for solids of Packing Group I packed in a metal container, 3000 litres; or (iii) for solids or liquids of Packing Groups II and III, 3000 litres; and (b) is designed for mechanical handling; and (c) is resistant to the stresses produced in usual handling and transport;'; (h) for the definition of "packaging" substitute— r. 4 -- 4 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 4 ' "packaging", in relation to dangerous goods, means the container in which the goods are received or held for transport by road and includes anything that enables the container to receive or hold the goods or be closed;'; (i) for the definition of "package dangerous goods" substitute— ' "packaged dangerous goods" means— (a) in relation to dangerous goods of Class 2, dangerous goods in a container with a capacity of not more than 500 litres; or (b) in relation to dangerous goods of another class, dangerous goods in a container with a capacity of not more than 450 litres and a net mass of not more than 400 kilograms;'; (j) for the definition of "semi-trailer" substitute— ' "semi-trailer" means a trailer having 1 axle group, or a single axle, towards the rear of the trailer and a means of attachment to a prime mover that, once attached, results in some of the load being imposed on the prime mover;'; (k) for the definition of "tank container" substitute— ' "tank container" means a container of the kind mentioned in AS/NZS 3711 that is designed for repeated use in the transport of goods in bulk by one or more modes of transport;'; r. 4 -- 5 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 5 (l) the definition of "transport in bulk" is revoked; (m) at the end of the regulation insert— '(2) For the purposes of determining the meaning of "Act" and "approval" in the instruments referred to in regulation 300(1), the definition of those terms in the instruments applies.'. 5. Substitution of regulation 300 and insertion of regulations 301 and 302 For regulation 300 of the Principal Regulations substitute— '300. Dangerous goods to be transported in accordance with the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) and Transport Code including the Rail (Dangerous Goods) Rules (1) Subject to sub-regulations (3) and (4), the provisions of the— (a) Road Transport Reform (Dangerous Goods) Regulations (Commonwealth)2 ; and (b) Transport Code, including the Rail (Dangerous Goods) Rules forming a schedule to the 6th Edition of that Code— must be complied with in relation to the transport of dangerous goods, other than dangerous goods of Class 1, Class 6.2 or Class 7. (2) A reference in this regulation to a provision in the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) is also r. 5 -- 6 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 6 a reference to the provision (if any) with the same number in the Rail (Dangerous Goods) Rules. (3) The following provisions in the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) are not incorporated by this regulation— (a) regulations 1.1, 1.2, 1.3, 1.12, 1.13, 1.14, 1.15, 1.28 and 1.32; and (b) regulations 14.1, 14.2 and 14.3; and (c) regulation 17.3; and (d) all of Parts 18, 19, 20, 21, 22 and 23; and (e) regulation 24.1; and (f) Schedules 1 and 2. (4) Regulations 14.6 and 14.7 of the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) have effect as if they did not include any reference to an authorised officer. (5) Any references in the instruments referred to in sub-regulation (1) to— (a) "Competent Authority" is a reference to the Authority; or (b) "authorised officer" is a reference to an inspector or a delegate under section 14(3) of the Dangerous Goods Act 1985. (6) In addition to the provisions of regulation 24.8 and 24.9 of the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth), any licence issued under these Regulations and in force immediately r. 5 -- 7 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 7 before the commencement of the Dangerous Goods (Transport) (Amendment) Regulations 1998 continues in force for the period of that licence or until it is revoked by the Authority. 301. Certain provisions and definitions to prevail over these Regulations if conflict exists If there is an inconsistency between any provision or definition in these Regulations and any provision or definition in the instruments referred to in regulation 300(1), and incorporated by these Regulations, the provision or definition in the instruments prevails to the extent of the inconsistency. 302. Transitional arrangements for compliance A person does not contravene a provision of these Regulations in relation to the transport of dangerous goods before 1 October 1998 if the person complies with the requirements of these Regulations as in force on 31 December 1997 3 .". 6. Amendment of regulation 411 For regulation 411(2)(b) of the Principal Regulations substitute— "(b) to the transport of LP Gas in or on a public passenger-carrying vehicle when the total capacity of all containers of LP Gas on that vehicle is less than 250 litres and no LP Gas cylinder has a capacity of more than 2.5 litres; or". 7. Amendment of regulation 445 For regulation 445(1) of the Principal Regulations substitute— r. 6 -- 8 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 8 "(1) A person must not transfer dangerous goods of Class 3 or Subsidiary Risk Category 3 from a road tank vehicle or a bulk container into any container if, by so doing, those dangerous goods would become packaged dangerous goods.". ═══════════════ -- 9 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 9 NOTES 1 Reg. 3: S.R. No. 369/1987. Reprint (No. 3) as at 5 December 1997. 2 Reg. 5: S.R. 1997 No. 241. 3 Reg. 5: This provision allows a transition period where a person may chose to comply with these Regulations as in force on 31 December 1997 (when the Regulations incorporated version 5 of the Transport Code) or to comply with the Regulations as amended by the Dangerous Goods (Transport) (Amendment) Regulations 1998 which incorporate version 6 of that Code. ——————— 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 Regulations 4(f) and 4(k) AS/NZS 3711—Freight Containers Whole of document Regulation 5 Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) S.R. 1997 No. 241 Whole of document except regulations 1.1, 1.2, 1.3, 1.12, 1.13, 1.14, 1.15, 1.28, 1.32, 14.1, 14.2, 14.3, 17.3 and 24.1, Parts 18, 19, 20, 21, 22 and 23 and Schedules 1 and 2 Regulation 5 Transport Code within the meaning of the Dangerous Goods Act 1985 Whole of document Notes -- 10 of 11 -- S.R. No. 24/1998 Dangerous Goods (Transport) (Amendment) Regulations 1998 10 NOTES—continued Regulation 5 Rail (Dangerous Goods) Rules forming a schedule to the 6th Edition of the Transport Code within the meaning of the Dangerous Goods Act 1985 Whole of document except rules 1.1, 1.2, 1.3, 1.32, 14.1, 14.2, 14.3, 17.3 and 24.1 and Parts 19, 20 and 22 -- 11 of 11 --