Dangerous Goods Act 1975 Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998 (1998-199) [GG No 67 of 9.4.1998, p 2492] (NSW)
1998 No 199
New South Wales
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
under the
Dangerous Goods Act 1975
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Dangerous Goods Act 1975.
PAM ALLAN, M.P.,
Minister for the Environment
The object of this Regulation is to amend the Dangerous Goods Regulation 1978 as a consequence of the Dangerous Goods Act 1975 no longer applying to the transport of certain dangerous goods by road and rail and to other matters (including the packaging and labelling of goods transported by road and rail) on the commencement of the Road and Rail Transport (Dangerous Goods) Act 1997. The amendments:
(a)
make it clear that the Dangerous Goods Regulation 1978 does not apply to matters covered by the new Act, and
(b)
update references to the Australian Code for the Transport of Dangerous Goods by Road and Rail and also update terminology in keeping with that Code, and
(c)
insert references to the Australian Code for the Transport of Explosives by Road and Rail in provisions dealing with explosives, and
Published in Gazette No 67 of 9 April 1998, page 2492 Page 1
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Explanatory note
| (d) | confine the operation of certain provisions of the Regulation (now covered by the new Act) to explosives (which will not be covered under the new Act), and |
| (e) | omit other provisions that are no longer required because of the operation of the new Act. |
| This Regulation is made under the Dangerous Goods Act 1975, including | |
| section 41 (the general regulation making power). |
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998 Clause 1 Dangerous Goods (Road and Rail Transport)
Amendment Regulation 1998
1 Name of Regulation
This Regulation is the Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998.
2 Commencement
This Regulation commences on 20 April 1998.
3 Amendment of Dangerous Goods Regulation 1978
The Dangerous Goods Regulation 1978 is amended as set out in
Schedule l.
4 Notes
The explanatory note does not form past of this Regulation.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3 )
Clause 4 Definitions
Omit the definition of Australian Code from clause 4 ( l ) .
Insert instead:Australian Code means the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Ministerial Council for Road Transport and published by the Australian Government.
Australian Explosives Code means the first edition of the Australian Code for the Transport of Explosives by Road and Rail, as published by the Australian Government.
Clause 4 ( 1 ) , definition ob “combustible liquid” Omit the definition. Insert instead:
combustible liquid means goods (other than dangerous goods of Class 1—9, inclusive) referred to as combustible liquids in AS 1940, entitled The Storage and Handling of Flammable and Combustible Liquids.
Clause 4 (1), definition of “consignor”
Omit “Section 1”. Insert instead “clause 1.1.3”.
Clause 4 ( 1 ) , definition of ““prime contractor” Omit “Section 1”. Insert instead “clause 1.1.3”. Clause 4 (4) (g) Omit “within the meaning of Section 10 of the Australian Code”. Insert instead “as referred to in Column 3 of Table 9.1 to the Australian Explosives Code”.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Amendments Schedule 1 [6] Clause 4 (5)
Insert “(or the Australian Explosives Code” after “Code” wherever ocurring.
[7] Clause 4A
Insert after clause 4:
4A Regulation not to apply to transport of dangerous
goods cowered by other scheme
This Regulation does not apply to:
(a) the transport of dangerous goods by road or rail, or to the extent to which it is regulated by the Road and Rail Transport (Dangerous Goods) Act 1997 or any regulations made under that Act. (b) any associated activity or matter,
[ 8 ] Clause 12D Condition on licences for carriage of dangerous goods
Omit the clause.
[9] Clause 14 Examination and testing
Omit clause 14 ( l ) (c)–(e). [ 1 0 ]
Clause 15A Register of drivers of vehicles used to carry dangerous goods Omit “a particular class or kind” from clause 15A (3).
Insert instead “Class 1 or particular dangerous goods of Class 1”.[ 1 1 ] Clause 158 (4)
Omit “of the class or kind”. Insert instead “as”.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
Clause 15A (4) (b)
Omit “dangerous goods of that class or kind” wherever occurring.
Insert instead “those dangerous goods”.
Clause 15A (4) (c)
Omit “liquid or gaseous dangerous goods”. Insert instead “those dangerous goods”.
Clause 15A (5), (e), (a ) and (10) Omit “a particular class or kind” wherever occurring. Insert instead “Class 1 or particular dangerous goods of Class 1 ” .
Clause 15A (5), (6) and (7) Omit “dangerous goods of that class or kind” wherever occurring.
Insert instead “those dangerous goods”.
Clause 15A (7)
Omit “that class or kind of dangerous goods or a class or kind of
dangerous goods forming part of that class or kind”. Insert instead “all or any of those dangerous goods”.
Clause 15A (9) Omit “class or” wherever occurring.
| Clause 15B Driver registration card | |
| Omit ‘‘a particular class or kind” from clause 15B (1). | |
|
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Amendments Schedule 1 Clause 16 Prescription of dangerous goods
Omit clause 16 (a), (a1) and (b). Insert instead:
(a) dangerous goods of Class l ,
(b)
the substances and articles that are dangerous goods within the meaning of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations,
(b1) combustible liquids,
Clause 17 Classification of dangerous goods
Omit “Section 10 of the Australian Code” from clause 17 (1) (a) (i). Insert instead “Table 9.1 to the Australian Explosives Code”.
Clause 17 (1) (a) (ii) Omit the subparagraph. Insert instead: (ii) if the class is Class 3.3 or Class 3.4—a reference to combustible liquids of Class 1 or Class 2, respectively, as set out in section 1 of AS 1940, and
Clause 17 (1) (a) (iii)
Omit “Section 9 of”. Insert instead “Appendix 2 to”.
Clause 17 (1) (b) Omit “Section 10 of the Australian Code”. Insert instead “Table 9.1 to the Australian Explosives Code”.
Clause 17 (1) (c) and ( c 1 )
Omit the paragraphs. Insert instead:
(c) a reference to a Packing Group, designated by a numeral, of dangerous goods is a reference to the group of dangerous goods assigned to that group under regulation 2.5 of the Road Transport Reform
(Dangerous Goods) (New South Wales) Regulations,
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
(cl) a reference to dangerous goods of a subsidiary risk, designated by a numeral, is a reference to the dangerous goods assigned that number under regulation 2.4 of the Road Transport Reform (Dangerous Goods) (New South Wales) Regulations,
Clause 1 7 (2)
Omit the subclause.
Clause 17 (3) (b) (v)
Omit “nitrate”. Insert instead “nitrite”.
Clause 17 (3) (d)
Omit “Section 9.6 of the Australian Code”.
Insert instead “Appendix 5 to the Australian Code or determined
under Regulation 1.18 (g) of the Road Transport Reform (DangerousGoods) (New South Wales) Regulations”.
Clause 17, Table 1A
Omit “Packaging” wherever occurring.
Insert instead “Packing”.
Clause 18 Instructions in handling of dangerous goods Insert “of Class 1 ” after “dangerous goods” in clause 18 (c).
Clause 90 Notices and labels to be exhibited at depots Omit “section 3.6.2, section 3.6.7 and section 3.6.8 of the Australian
Code” from clause 90 (4).
Insert instead “Table 3.1 to the Australian Explosives Code”.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Amendments Schedule 1
Clause 168 Goods not required to be kept in or on licensed premises Omit “Packaging” wherever occurring in clause 168 ( l ) .
Insert instead “Packing”.Clause 169 Goods required to be kept i n or o n licensed premises
Omit “Packaging” wherever occurring in clause 169 (l).
Insert instead “Packing”.Clause 170 Goods not required to be kept in or on licensed premises
Omit “Packaging” wherever occurring in clause 170 (1).
Insert instead “Packing”.Clause 171 Goods required to be kept in or on licensed premises
Omit “Packaging” wherever occurring in clause 171 (1).
Insert instead “Packing”.
Clause 175 Certain goods not to be carried except in or on
licensed vehicles or vessels
Omit clause 175 (a). Clause 196 Compliance with Australian Code
Omit the clause.
Clause 177 Stowage of dangerous goods of Class 7
Omit the clause.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
Clause 179 Emergency Procedure Guides
Omit “Section 8.2.7.5 of the Australian Code”.
Insert instead “paragraph 8.3.7 of the Australian Explosives Code”.[39] Clause 200 Fire precautions (general)
Omit clause 200 (2) and (3). Insert instead:
(2) A person must not smoke in or on a vehicle in or on which dangerous goods of Class l are being carried and on which signs are required by this Division to be exhibited or within 3 metres of any such vehicle.
Clause 223 Carriage of poisonous gases
Omit clause 223 (2).
| [41] |
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Omit the clause.
| [42] |
| |
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[43] Clause 229 (b) (i)
Omit “Class 3.1”. both”.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Amendments Schedule 1
Clause 230 Engine-driven pumping equipment Omit “Class 3.1” from clause 230 (1). Insert instead “Class 3 Packing Group I or Packing Group II”.
Clause 230 (2) (a)
Omit “Class 3.2”. Insert instead “Class 3 Packing Group III”.
Clause 231 Power take-off pumps
Omit “Class 3.1, not being carbon disulphide, or dangerous goods of
Class 3.2,”. Insert instead “Class 3”.
Clause 232 Pumping from vehicles to above-ground tanks
Omit “Class 3.1”.
Insert instead “Class 3 Packing Group I or Packing Group II”.
Part 6, Division 5
Omit the Division.
Clause 237 Conveyance of ammonium nitrate Omit clause 237 (2). Part 7 , heading
Omit “Labelling’*. Insert instead “Marking and placarding”.
Clause 239 Packagings and containers to be marked and placarded as prescribed
Omit “labelled” from clause 239 (2) (c). Insert instead “marked’*.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
Clause 239 (2) (d)
Omit “marked”. Insert instead “placarded”.
Clause 239 (2) (e)
Omit “label”. Insert instead “mark”.
Clause 240
Omit the clause. Insert instead:
240 Marking of Class 1 goods
Every package (whether outer, sole or inner) containing dangerous goods of Class l must be marked in accordance with Section 3 of the Australian Explosives Code.
Clause 242 Markings
Omit “Schedule 1” from clause 242 (3) (a). Insert instead “Table 9.1 to the Australian Explosives Code”,
Clause 242 (4A)
Omit the subclause. Clause 242, table 25 Omit the matter in Columns 1 and 2 relating to dangerous goods of
Classes 2, 3.1, 5.2 and 8.
Clause 244 Markings on freight containers
Insert “of Class 1” after “dangerous goods”.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
Amendments
Schedule 1 Clause 244 Omit “section 3.3 of the Australian Code”.
Insert instead “Section 3 of the Australian Explosives Code”.
Clause 246 Requirements to be cumulative Omit “labelling or marking”.
Insert instead “marking or placarding”.Clause 246
Omit “labelling and marking”. Insert instead “marking and placarding”. Clause 246 Omit “labelled or marked” wherever occurring.
Insert instead “marked or placarded”.Omit the clause. Insert instead: Clause 247
247 Certain markings and writings prohibited Except as required or permitted by this Regulation or by or under any Act, a packaging or freight container containing any dangerous goods or combustible liquids must not have on it any marking or writing:
(a)
indicating, or that could reasonably be taken as indicating, the classification of goods under this Regulation, or
(b)
that contradicts any marking required by this Regulation to be on the packaging.
Dangerous Goods (Road and Rail Transport) Amendment Regulation 1998
| Schedule 1 | Amendments |
Clause 249 Packaging requirements Omit the clause. Insert instead:
A packaging for dangerous goods of Class 1 must conform to the specifications set out in Section 5 of the Australian Explosives Code.
Subclause (1) applies to and in respect of an outer or
immediate packaging for dangerous goods of Class 1 as if it were a packaging for dangerous goods of Packing Group II.
A packaging for combustible liquids is to be soundly constructed so as to prevent any escape of the liquids by leakage or otherwise.
Clause 253 Special packaging requirements
Omit “Section 10 of the Australian Code” from clause 253 (4).
Insert instead “Section 5 of the Australian Explosives Code”.
Clause 254 Approvals
Omit “Packaging” from clause 254 (1) (a).
Insert instead “Packing”,Clause 255 Marking of packaging Omit “section 5.5 of the Australian Code”.
Insert instead “paragraph 5.2 of the Australian Explosives Code”.
3.4 Clause 289 Certain goods treated as dangerous goods of Class Omit the clause. Schedule 1 Classification of dangerous goods Omit the Schedule.
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