Dangerous Goods Amendment (Transport by Road or Rail) Regulations 2021 (Vic)
Dangerous Goods Amendment (Transport by Road or Rail) Regulations 2021
S.R. No. 27/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Regulation 50 substituted
7Suitability of packaging for transport
8Offence to sell or supply non-compliant packaging
9New note to regulation 79 inserted
10Meaning of placard load
11Regulation 94(2) revoked
12Regulations 95 to 98 amended—omission of references to Chapter 7.2 of the ADG Code
13New Division 3 of Part 7 inserted
14New Division 3 of Part 11 inserted
15Heading to Division 2 of Part 13 substituted
16New Division 3 of Part 13 inserted
═════════════
Endnotes
STATUTORY RULES 2021
S.R. No. 27/2021
Dangerous Goods Act 1985
Dangerous Goods Amendment (Transport by Road or Rail) Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 30 March 2021
Responsible Minister:
INGRID STITT
Minister for Workplace SafetyCLAIRE CHISHOLM
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2018 to align those Regulations with the Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail.
2Authorising provision
These Regulations are made under section 52 of the Dangerous Goods Act 1985.
3Commencement
These Regulations come into operation on 1 April 2021.
4Principal Regulations
In these Regulations, the Dangerous Goods (Transport by Road or Rail) Regulations 2018[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations, the definition of empty dangerous goods packaging is revoked.
6Regulation 50 substituted
For regulation 50 of the Principal Regulations substitute—
"50 Application of this Part
(1)This Part does not apply to dangerous goods that are—
(a)goods packed in limited quantities within the meaning of regulation 13(1); or
(b)goods packed in excepted quantities within the meaning of regulation 13(2).
(2)To avoid doubt, this Part (including regulation 52 and the offence provisions) applies to dangerous goods that are purported to be—
(a)packed in limited quantities but do not comply with the requirements of regulation 13(1); or
(b)packed in excepted quantities but do not comply with the requirements of regulation 13(2).
Note
Regulation 13(1) and (2) require compliance with Chapter 3.4 and 3.5 of the ADG Code respectively.".
7Suitability of packaging for transport
In regulation 52(1) of the Principal Regulations—
(a)in paragraph (f), for "goods." substitute "goods; or";
(b)after paragraph (f) insert—
"(g)for goods purported to be packed in limited quantities, the packaging of the goods fails to comply with Chapter 3.4 of the ADG Code; or
(h)for goods purported to be packed in excepted quantities, the packaging of the goods fails to comply with Chapter 3.5 of the ADG Code.".
8Offence to sell or supply non-compliant packaging
In regulation 59(a) and (b) of the Principal Regulations, after "3.4" insert "or 3.5".
9New note to regulation 79 inserted
At the foot of regulation 79 of the Principal Regulations insert the following note after note 2—
"3 Section 5.1.3.3 of the ADG Code provides for unused pre-labelled dangerous goods packaging to be identified in order to avoid inappropriate emergency response.".
10Meaning of placard load
(1)In regulation 83(1)(b) of the Principal Regulations, after "250 or more" insert
"(other than specified goods)".
(2)In regulation 83(1)(c) of the Principal Regulations, after "1000 or more" insert
"(other than specified goods)".
(3)For regulation 83(2) of the Principal Regulations substitute—
"(2) A load that contains dangerous goods is also a placard load if it contains specified goods and—
(a)the specified goods include an aggregate quantity of 2000 or more of any one UN Number from a single place of consignment; or
(b)the total gross mass of the specified goods is 8 tonnes or more.
Note
This subregulation applies separately and in addition to subregulation (1). See Table 5.3 of the ADG Code.
(3)A load that contains dangerous goods, and that is not otherwise a placard load under subregulation (1) or (2), is a placard load if it meets the following conditions—
(a)the load contains a mixture of specified goods and other dangerous goods;
(b)the following combined quantity calculation applies—
(i)if the load contains dangerous goods referred to in subregulation (1)(b)(i), (ii) or (iii)—the aggregate quantity of those goods, plus 10% of the total gross mass of the specified goods, is 250 or more;
(ii)otherwise—the aggregate quantity of dangerous goods that are not specified goods, plus 25% of the total gross mass of the specified goods, is 1000 or more.
(4)In this regulation—
specified goods means—
(a)dangerous goods that are packed in limited quantities; or
(b)any of the following—
(i)fireworks that are bon bons, party poppers or sparklers;
(ii)domestic smoke detectors containing radioactive material;
(iii)lighters or lighter refills containing flammable gas;
(iv)fire extinguishers containing compressed or liquefied gas, up to a net mass of 23 kg; or
(c)a combination of the dangerous goods referred to in paragraphs (a) and (b).
Note
See Note 5 to Table 5.3 of the ADG Code.".
11Regulation 94(2) revoked
Regulation 94(2) of the Principal Regulations is revoked.
12Regulations 95 to 98 amended—omission of references to Chapter 7.2 of the ADG Code
In regulations 95, 96, 97 and 98 of the Principal Regulations omit "or 7.2".
13New Division 3 of Part 7 inserted
After Division 2 of Part 7 of the Principal Regulations insert—
"Division 3—Nominally empty storage vessels
102ADefinition
In this Division—
nominally empty storage vessel means a tank or hopper specified in section 7.2.7.1 of the ADG Code.
102BConsignors
A person must not consign a nominally empty storage vessel for transport in a cargo transport unit if the person knows, or reasonably ought to know, that the nominally empty storage vessel is not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code.
Penalty:In the case of a natural person, 18 penalty units;
In the case of a body corporate, 90 penalty units.
102CLoaders
A person must not load a nominally empty storage vessel for transport in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code.
Penalty:In the case of a natural person, 18 penalty units;
In the case of a body corporate, 90 penalty units.
102DPrime contractors and rail operators
A prime contractor or rail operator must not transport a nominally empty storage vessel if the contractor or rail operator knows, or reasonably ought to know, that the transport of the nominally empty storage vessel does not comply with Chapter 7.2 of the ADG Code.
Penalty:In the case of a natural person, 18 penalty units;
In the case of a body corporate, 90 penalty units.
102EDrivers
A person must not drive a road vehicle transporting a nominally empty storage vessel if the person knows, or reasonably ought to know, that the nominally empty storage vessel is not being transported in accordance with Chapter 7.2 of the ADG Code.
Penalty:11 penalty units.".
14New Division 3 of Part 11 inserted
After Division 2 of Part 11 of the Principal Regulations insert—
"Division 3—Dangerous goods packed in limited quantities
140AConsignors
A person must not consign dangerous goods that are packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by that section.
Penalty:In the case of a natural person, 11 penalty units;
In the case of a body corporate, 55 penalty units.
140BPrime contractors
A prime contractor who receives information under section 3.4.12.1 of the ADG Code must ensure that the information is readily ascertainable during transport of the dangerous goods.
Penalty:In the case of a natural person, 11 penalty units;
In the case of a body corporate, 55 penalty units.
140CFalse or misleading information
In providing information under section 3.4.12.1 of the ADG Code, a person must not include information that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Penalty:In the case of a natural person, 35 penalty units;
In the case of a body corporate, 175 penalty units.".
15Heading to Division 2 of Part 13 substituted
For the heading to Division 2 of Part 13 of the Principal Regulations substitute—
"Division 2—General precautions—driver's duties".
16New Division 3 of Part 13 inserted
After Division 2 of Part 13 of the Principal Regulations insert—
"Division 3—General precautions—prime contractor's duties
152AParking
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.
Penalty:11 penalty units.
152BUnloading
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.
Penalty:35 penalty units.
152CDetaching trailer
A prime contractor must not direct or induce the driver of a road vehicle that has attached to it a trailer transporting a placard load to detach the trailer, or permit it to be detached, from the vehicle except in accordance with Part 13 of the ADG Code.
Penalty:35 penalty units.
152DRoad tank vehicle equipped with burner
A prime contractor must not direct or induce the driver of a road vehicle that is transporting a placard load and that is equipped with a burner to operate the burner to heat the load, or permit it to be operated,
except in accordance with Part 13 of the ADG Code.
Penalty:35 penalty units.".
═════════════
Endnotes
[1] Reg. 4: S.R. No. 155/2018.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2020 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
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 2014.
In this table—
ADG Code Edition 7.7 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.7, 2020 published in June 2020;
Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 6 which substitutes regulation 50 in the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| Regulation 7 which amends regulation 52(1) of the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| Regulation 8 which amends regulation 59(a) and (b) of the Principal Regulations | ADG Code Edition 7.7 | Chapters 3.4 and 3.5 |
| Regulation 13 which inserts regulation 102A and the definition of nominally empty storage vessel, in the Principal Regulations | ADG Code Edition 7.7 | Section 7.2.7.1 |
| Regulation 13 which inserts regulations 102B, 102C, 102D and 102E in the Principal Regulations | ADG Code Edition 7.7 | Chapter 7.2 |
| Regulation 14 which inserts regulations 140A, 140B and 140C in the Principal Regulations | ADG Code Edition 7.7 | Section 3.4.12.1 |
| Regulation 16 which inserts regulations 152A, 152B, 152C and 152D in the Principal Regulations | ADG Code Edition 7.7 | Part 13 |
0
0
0