Dangerous Goods Amendment Regulations 1996 (WA)

28 June 1996] GOVERNMENT GAZETTE, WA 3089

MINERALS AND ENERGY

IsT301

EXPLOSIVES AND DANGEROUS GOODS ACT 1961

DANGEROUS GOODS AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.
Citation

1.    These regulations may be cited as the Dangerous Goods Amendment

Regulations 1996.

Commencement

2.     (1) Regulations 1, 2, 3, 9 and 16 come into operation on 1 July 1996.

(2) Regulations 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 come into

operation on 1 October 1996.

Principal regulations

3.    In these regulations the Dangerous Goods Regulations 1992* are referred

to as the principal regulations.

[* Published in Gazette of 3 July 1992, pp. 2997-3075.

For amendments to 7 June 1996 see 1995 Index to Legislation of

A".

Western Australia, Table 4, p. 80.]

Regulation 2.8 amended

4.    Regulation 2.8 of the principal regulations is amended by repealing

subregulation (3).

Regulation 2.9 repealed

5.     Regulation 2.9 of the principal regulations is repealed.

Regulation 2.13 amended

6.    Regulation 2.13 of the principal regulations is amended by repealing

subregulations (2) and (3).

Regulation 3.13 amended

7.    Regulation 3.13 of the principal regulations is amended by deleting

"Subject to regulation 3.14 (2), a" and substituting the following —

3090 GOVERNMENT GAZETTE, WA [28 June 1996

Regulation 3.14 amended

8. Regulation 3.14 of the principal regulations is amended by repealing

subregulations (2) and (3).

Regulation 4.3 amended

9.     Regulation 4.3 of the principal regulations is amended in

following -	subreu1ation (2) by inserting after "prescribed in" in paragraph (a) the
69 item 3 of ".
Regulation 4.3 further amended
10. Regulation 4.3 of the principal regulations is further amended in
subregulation (2) -

(a)	by deleting "and" at the end of paragraph (b); and
(b)	by deleting the full stop at the end of paragraph (c) and substituting the following -

"

and;

(d)

either -

(i)	the fee prescribed in item 3A of Schedule 1; or
(ii)	a certificate signed by a person approved in writing by the Chief Inspector for the purpose,

stating that the person has examined the application and considers that it complies with the regulations.

Regulation 6.1 amended

11.    Regulation 6.1 of the principal regulations is amended by deleting

"rail,

Regulation 6.2 amended

12. Regulation 6.2 of the principal regulations is amended by repealing

subregulation (2) and substituting the following -

"

(2)	Subregulation (1) does not apply -
(a) where the vehicle on which dangerous goods are carried is

not required by Division 3 of Part 3 of these regulations to

be marked; or

where none of the dangerous goods carried on the vehicle

(b) are in a bulk container.

Regulation 6.15 amended

13.     Regulation 6.15 of the principal regulations is amended by deleting

"road train within the meaning of the Road Traffic (Vehicle Standards)	Regulations 1977, as amended" and substituting the following -
"
Standards) Regulations 1977,	combination of vehicles within the meaning of the Road Traffic (Vehicle
28 June 19961 GOVERNMENT GAZETTE, WA 3091

Regulation 6.22 repealed and a regulation substituted

14.     Regulation 6.22 of the principal regulations is repealed and the

following regulation is substituted -

"

Renewal of licence

6.22 (1) Where, upon an application made to the Chief Inspector by	the holder of a licence under this Division, the Chief Inspector is
satisfied -

(a)	that the applicant holds a driver's licence under the Road Traffic Act 1974 that -
(i) is appropriate to the type of vehicle on which

dangerous goods are to be carried; and

(ii)     is, or is deemed to be, an unrestricted licence within

the meaning of section 45 of that Act;

(b) that the applicant has undergone, within the relevant	period, an approved course of retraining and attained a
certificate or other evidence of proficiency recognized by the Chief Inspector within; and
(c)	as to the matters referred to in regulation 6,19,

he may issue to the applicant a licence upon payment of the renewal fee

prescribed in item 5 of Schedule 1.

by - (2) An application under subregulation (1) shall be accompanied

(a)	a medical certificate satisfying regulation 6.19; and
(b)	a copy of the certificate or other evidence of proficiency

referred to in subregulation (1) (b).

(3) In this regulation -

"relevant period", in relation to an applicant, means the period

that -

(a) begins 3 years and 6 months before the licence

applied for is due to expire in accordance with

regulation 6.21; and

(b) ends at the time of the application.

Regulations 6.24 and 6.25 inserted

15. After regulation 6.23 of the principal regulations the following

regulations are inserted -

"

Suspension of licence

6.24. Where the Chief Inspector is satisfied that -

(a)

the holder of a licence under this part is likely to be
charged with an offence relating to -

(i)	an offence under the Act or these regulations;
(ii)	an offence under the Road Traffic Act 1974; or
(iii)	an offence relating to the possession, use, or

trafficking in a drug;

and

3092 GOVERNMENT GAZETTE, WA [28 June 1996

(b) there is a risk to public safety in permitting the holder of
the licence to continue to operate,

the Chief Inspector may suspend the licence immediately until the	charges have been dealt with or, if a decision is made not to charge the
person, until the making of that decision.
Recognition of interstate licences
6.25. For the purposes of regulations 6,18 (1), 6.22 (1) and 6.23, a licence issued by another State, or by a Territory of Australia, to drive
a vehicle on which dangerous goods are carried in bulk is deemed to have been issued under this Division.

Schedule 1 repealed and a schedule substituted

16.    Schedule 1 to the principal regulations is repealed and the following

schedule is substituted -

"

SCHEDULE 1

6.3, 6.7, 6.20 and 6.221 {regs 2.4, 2.8, 4.3, 4.4

Where these regulations require fees to be paid, the fees payable are as follows -

$

1.	For approval of packaging	210
2.	For approval of a bulk container	210
3.	For the issue or renewal of a licence when the )	see

store dangerous goods, according to the amount ) premises are used or proposed to be used to ) Table 1

below

stored or proposed to be stored )

3A. For the examination of an application for a ) see

licence referred to in item 3 according to the ) Table 2

amount stored or proposed to be stored ) below

4.

For the issue or renewal of a licence for a 105

vehicle to transport dangerous goods

5. For the issue or renewal of a driver's licence 10

TABLE 1

Column 1
(Amount x 10) Column 2

$

Not exceeding 2,3	14
Exceeding 2.3 but not exceeding 23	28
Exceeding 23 but not exceeding 46	70
Exceeding 46 but not exceeding 230	175
Exceeding 230 but not exceeding 2 300	350
Exceeding 2 300 but not exceeding 4 600	1 120
Exceeding 4 600 but not exceeding 9 200	1 700
Exceeding 9 200 but not exceeding 13 800	2 100
Exceeding 13 800 but not exceeding 18 400	2 500
Exceeding 18 400 but not exceeding 23 000	3 000
Exceeding 23 000	3 500

28 June 1996] GOVERNMENT GAZETTE, WA 3093

TABLE 2

Column 1	Column 2
(Amount x 104)	$

Not exceeding 50	180
Exceeding 50 but not exceeding 250	360
Exceeding 250	600

ff .

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.