Dangerous Goods (Road and Rail Transport) Regulation 2022 (NSW)
This Regulation is the Dangerous Goods (Road and Rail Transport) Regulation 2022.
This Regulation commences on the day on which it is published on the NSW legislation website.
This Regulation repeals and replaces the Dangerous Goods (Road and Rail Transport) Regulation 2014, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
The main objects of this Regulation are—
(a) to set out the obligations of persons involved in the transport of dangerous goods by road and rail, and
(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road and rail, and
(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road and rail, and
(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and rail and other modes of transport.
This Regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
This Regulation does not apply to the transport by a person of a load that contains dangerous goods if—
(a) the load contains—
(i) dangerous goods in a receptacle with a capacity of 500L or less, or
(ii) 500kg or less of dangerous goods in a receptacle, and
(b) the goods are not, and do not include, designated dangerous goods, and
(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load, and
(d) the goods are not being transported by the person in the course of a business of transporting goods by road, and
(e) in relation to transport by rail—the goods are not being transported by the person on a passenger train.
In this section—
(a) UN Class 1 (explosives), except—
(i) dangerous goods of UN Division 1.4S, and
(ii) detonators carried in a unit of rolling stock or a road vehicle for the safety of persons working in rail transport, or
(b) Category A of UN Division 6.2 (infectious substances), or
(c) UN Class 7 (radioactive material).
This Regulation does not apply to the transport by road or rail, or both road and rail, of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive material) except when being transported with other dangerous goods.
This Regulation does not apply to the transport by a vehicle by road or rail, or both road and rail, of dangerous goods—
(a) that are not UN Division 6.2 infectious substances and that are in a consignment where the aggregate quantity of dangerous goods is not more than the quantity set out in subsection (3)(a) of the note to section 1.1.1.2 of the ADG Code, or
(b) in the vehicle’s fuel tank, or
(c) in an appliance or plant that forms part of the vehicle and that is necessary for the operation of the vehicle, or
(d) that are personal protective equipment or personal safety equipment and that are part of the safety equipment of the vehicle.
This Regulation does not apply to the transport of dangerous goods by a mobile processing unit for the purpose of manufacturing explosives.
In subsection (3)—
This section applies to a load if the following conditions are met—
(a) for loads not including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—the load includes an aggregate quantity of dangerous goods of less than 500,
(b) for loads including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—
(i) the load includes an aggregate quantity of dangerous goods of less than 250, and
(ii) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of the aggregate quantity,
(c) the goods in the load are not being transported in the course of a business of transporting goods but are being transported—
(i) by a person who intends to use them, or
(ii) to be used for a commercial purpose.
A person transporting a load to which this section applies is exempt from all obligations imposed by this Regulation other than the obligations imposed by this section.
A person must not transport a load to which this section applies unless each package in the load—
(a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4, and
(b) is labelled and appropriately marked as specified in section 73, and
(c) is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—
(i) its packaging remains fit for purpose, and
(ii) the risks to a person or property, or the environment, are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent practicable.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 in the load of more than 250, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in an enclosed space that is not separated from the passenger compartment of a vehicle.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in another enclosed space in the vehicle, unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes likely to cause risk.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport the goods until—
(a) the goods have been classified in accordance with the ADG Code, or
(b) a determination has been made under section 22(1)(a) in relation to the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
The Dictionary in Schedule 3 defines words used in this Regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
In this Regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.
In this Regulation, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.
If the ADG Code is amended or remade, a reference in this Regulation to a provision of the ADG Code extends to a corresponding provision of the amended or remade ADG Code.
In this section—
If all or part of a code, standard or rule, made in or outside Australia, relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, this Regulation and the code, standard or rule is inconsistent with this Regulation, this Regulation prevails to the extent of the inconsistency.
Despite subsection (1), if a provision that is applied, adopted by or incorporated in this Regulation uses a term that is defined in both the relevant code, standard or rule and this Regulation, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.
In this Regulation, a reference to one of the following things includes a reference to the thing as varied—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
In this Regulation, a reference to the variation of one of the following things includes a reference to a variation by addition, omission or substitution—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
The addition of a new condition to an existing administrative determination.
A
(a) is designed for transporting solid substances, which are in direct contact with the system, and
(b) is of a permanent character suitable for repeated use, and
(c) is designed to facilitate the transport of solid substances by one or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another, and
(d) is fitted with devices that permit ready handling, and
(e) has a capacity of not less than 1m
3 .
Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers are bulk containers.
However, an IBC, large packaging or a portable tank is not a bulk container.
In this Regulation,
(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—1,500L, and
(ii) for solids of Packing Group I packed in a metal container—3,000L, and
(iii) for solids or liquids of Packing Groups II and III—3,000L, and
(iv) for any other dangerous goods—3,000L, and
(b) is designed for mechanical handling.
However, a rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not an IBC.
In this Regulation,
(a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework, and
(b) service and structural equipment necessary for the transport of gases in the cylinders or tubes.
In this Regulation, a person
(a) puts the goods in packaging, including packaging that is already on a vehicle, or
(b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package, including packaging that is already on a vehicle, or
(c) supervises an activity mentioned in paragraph (a) or (b), or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.
In this Regulation, dangerous goods are
(a) the goods are packed in accordance with Chapter 3.4 of the ADG Code, and
(b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for the goods.
Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas.
However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas, as defined in section 2.2.1.1 of the ADG Code, only if it has a capacity of not less than 450L.
In this Regulation, a person
(a) loads 1 or more packages of the goods in or on a vehicle, or
(b) places or secures 1 or more packages of the goods on a vehicle, or
(c) supervises an activity mentioned in paragraph (a) or (b), or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).
Subsection (1) does not apply to—
(a) the loading of goods into packaging that is already on a vehicle, or
(b) the placing or securing of packages in or on a further packaging that is already on a vehicle.
For this Regulation, the following goods are a single
(a) all the goods in or on a road vehicle, even if the vehicle is transporting more than 1 cargo transport unit, and
(b) all the goods in a cargo transport unit being transported on a rail vehicle.
This section applies to a task involved in the transport of dangerous goods, including the following—
(a) packing dangerous goods,
(b) consigning dangerous goods,
(c) loading dangerous goods,
(d) unloading dangerous goods,
(e) handling fumigated cargo transport units,
(f) marking packages,
(g) placarding placard loads,
(h) preparing transport documentation,
(i) maintaining vehicles and equipment used in the transport of dangerous goods,
(j) driving a vehicle transporting dangerous goods,
(k) being the consignee of dangerous goods,
(l) following the appropriate procedures in accordance with this Regulation in a dangerous situation.
A person who is responsible for management or control of a task must not employ, engage or permit another person to perform the task if the other person—
(a) has not received, or is not receiving, appropriate instruction and training to ensure the other person is able to perform the task safely and in accordance with this Regulation, or
(b) is not appropriately supervised in performing the task to ensure the other person is able to perform the task safely and in accordance with this Regulation.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not manage, control or supervise a task unless the person has received instruction and training to enable the person to manage, control or supervise another person to perform the task safely and in accordance with this Regulation.
Maximum penalty—40 penalty units.
The Competent Authority may, on its own initiative or in response to an application made in accordance with section 196, approve—
(a) a test of competence for drivers of road vehicles transporting dangerous goods, or
(b) a training course for drivers of road vehicles transporting dangerous goods.
The Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with this Regulation.
The Competent Authority may determine that goods are or are not—
(a) dangerous goods, or
(b) dangerous goods of a particular UN Class, UN Division or Category, or
(c) dangerous goods with a particular subsidiary hazard, or
(d) substances of a particular Packing Group, or
(e) incompatible with particular dangerous goods.
The Competent Authority may determine that—
(a) particular dangerous goods are or are not too dangerous to be transported, or
(b) particular dangerous goods must not be or may be transported in or on the same cargo transport unit or freight container as other goods, whether or not dangerous goods, or
(c) particular dangerous goods may or may not be transported in any packaging despite a prohibition or authorisation in the Dangerous Goods List.
The Competent Authority may determine that specified dangerous goods, or a specified load or type of load that contains dangerous goods, may, must or must not be transported—
(a) using a specified vehicle, or kind of vehicle, or
(b) on a specified route, or
(c) in or through a specified area, or
(d) at a specified time, or
(e) in quantities in excess of a specified amount, or
(f) in specified packaging.
In this Regulation, a determination is an
(a) is made on the application of a person, and
(b) applies only to the person, or to the person and to other people named in the application.
A determination is also an administrative determination if the determination—
(a) is made at the initiative of the Competent Authority, and
(b) applies to one or more people named in the determination, and
(c) does not impose an obligation on a person, other than conditions that apply if action is taken on the basis of the determination.
A determination made at the initiative of the Competent Authority may be varied at the initiative of the Competent Authority.
Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
In making a determination, the Competent Authority may impose in relation to the determination a condition necessary for the safe transport of dangerous goods.
A person to whom a determination applies must not contravene a condition of the determination.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
If this Regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to the obligation by a determination made under this Division, the obligation is to be read as if the determination stated that the person could fulfil the obligation by acting in accordance with the determination.
The Competent Authority must keep a register of determinations.
The register may have separate divisions for different kinds of determinations.
The Competent Authority must record in the register each determination made under this Regulation that is not an administrative determination.
The Competent Authority must note in the register the revocation of a determination made under this Regulation.
A register of corresponding determinations is kept on the website of the Competent Authorities Panel— depth="3" number="28">
The record of a determination in the register must include—
(a) the provisions of the determination, or
(b) if the determination was notified or published in the Gazette—the following information—
(i) the title of the Gazette and the date of notification or publication,
(ii) the provisions of this Regulation and the ADG Code to which the determination relates,
(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
If a determination under this Division prohibits or regulates the doing of a thing, a person to whom the determination applies must not do the thing contrary to the determination.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.
In this Regulation, goods are
(a) the goods are determined under section 22(1)(a) to be dangerous goods, or
(b) the goods satisfy the dangerous goods classification criteria set out or referred to in Part 2 of the ADG Code.
However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if—
(i) the goods are determined under section 22(1)(a) not to be dangerous goods, or
(ii) the goods are described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List, and any condition included in that description is met.
Dangerous goods are too dangerous to be transported if they are—
(a) goods set out or described in Appendix A to the ADG Code, or
(b) goods determined under section 22(2)(a) to be too dangerous to be transported, or
(c) goods, other than goods mentioned in paragraph (a) or (b), that are so sensitive or unstable that the goods cannot be safely transported even if the relevant requirements of this Regulation and the ADG Code are complied with.
The Act, section 8 provides that a person must not consign for transport goods that this Regulation identifies as being too dangerous to be transported.
The UN Class, Division or Category of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination, or
(b) otherwise—the Class, Division or Category determined for the goods in accordance with the ADG Code.
Under the UN classification system there are 9 classes of dangerous goods. Under that system some Classes are further divided into Divisions and some Divisions are divided into Categories.
(a) Category A—substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals, and
(b) Category B—others.
Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of the list opposite the name and description of the goods, unless Chapter 3.3 of the ADG Code provides for the goods to be assigned to a different Class or Division. If applicable, Chapter 2 of the ADG Code describes how the UN Category of dangerous goods is to be determined. Once again the Category may be changed under Chapter 3.3 of the ADG Code.
The subsidiary hazard, if any, of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(c) that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard specified in the determination, or
(b) otherwise—the subsidiary hazard determined for the goods in accordance with the ADG Code.
Dangerous goods that are able to be assigned to more than 1 UN Class or Division are assigned a subsidiary hazard. The subsidiary hazard is the other UN Class or Classes, or Division or Divisions, to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary hazard is that listed in column 4 of that list opposite the name and description of the goods, unless Chapter 3.3 of the ADG Code provides for the goods to be assigned a different subsidiary hazard.
The Packing Group, if any, of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(d) that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination, or
(b) otherwise—the Packing Group determined for the goods in accordance with the ADG Code.
The assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate, are—
(a) Packing Group I—substances presenting high danger, and
(b) Packing Group II—substances presenting medium danger, and
(c) Packing Group III—substances presenting low danger.
The Packing Group of a substance may be determined from the Dangerous Goods List, although the List may identify instances in which it is also necessary to refer to Chapter 3.3 of the ADG Code.
In this Regulation, dangerous or other goods are
(a) the goods are incompatible under Chapter 9.1 of the ADG Code, or
(b) the goods are determined under section 22(1)(e) to be incompatible with the dangerous goods, or
(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.
In this Regulation, packaging or equipment for use in the transport of dangerous goods is
(a) is likely to interact with the goods and increase risk because of the interaction, and
(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.
This Part applies if a special provision—
(a) applies to dangerous goods in the Dangerous Goods List, and
(b) prohibits the transport of the goods by road or rail or imposes a restriction on the way the goods are to be transported by road or rail.
In this Part, a special provision applies to dangerous goods if column 6 of the Dangerous Goods List specifies that a special provision applies to the goods.
Chapter 3.3 of the ADG Code lists the special provisions that apply.
A person must not consign dangerous goods for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not comply with the special provision.
Maximum penalty—10 penalty units.
This Part does not apply to dangerous goods that are—
(a) packed in limited quantities, as defined in section 17, or
(b) packed in excepted quantities, as defined in section 73(5).
To avoid doubt, this Part, including section 44 and the offences, applies to dangerous goods that are—
(a) purported to be packed in limited quantities but do not comply with the requirements of section 17, or
(b) purported to be packed in excepted quantities but do not comply with the requirements of section 73(5).
Sections 17 and 73(5) respectively require compliance with Chapter 3.4 and 3.5 of the ADG Code.
In this Part, a reference to dangerous goods being packed in accordance with a relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with a packing requirement specified in relation to the goods in the Dangerous Goods List.
Packaging is unsuitable for the transport of dangerous goods if—
(a) the packaging is required to undergo performance tests under Part 6 of the ADG Code and is not approved packaging, or
(b) the packaging does not meet relevant standards or requirements specified by Part 4 or 6 of the ADG Code, including requirements in relation to inspection, maintenance and repair, or
(c) the use, or re-use, of the packaging for the transport of the goods does not comply with Part 4 or 6 of the ADG Code, or
(d) the use of the packaging for the transport of the goods is prohibited by, or does not comply with, a determination, or
(e) the packaging is incompatible with the goods, or
(f) the packaging is damaged or defective to the extent that it is not safe to use to transport the goods, or
(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.
A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if a Safety Approval Plate is not affixed to the freight container as required under the International Convention for Safe Containers 1972.
A person must not apply a marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 48.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
This section applies to packaging that is required to undergo performance tests under Part 6 of the ADG Code.
A person may apply to the Competent Authority for the approval of a design of packaging to which this section applies for use in the transport of dangerous goods.
Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
An application for approval must—
(a) be made in accordance with section 196, and
(b) include the information required under Part 6 of the ADG Code.
This section applies to an application for approval made under section 46 in relation to the design of a tank.
A person making an application must not include in the application information the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not provide information the person knows, or reasonably ought to know—
(a) is false or misleading in a material particular, and
(b) will be included, or is likely to be included, in an application.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
The Competent Authority may, on application in accordance with section 46, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied a packaging of the design—
(a) will comply with, or is permitted by, Part 6 of the ADG Code, and
(b) satisfies all the relevant testing and inspection requirements set out in Part 6 of the ADG Code.
In determining whether packaging of a particular design satisfies a particular testing requirement, the Competent Authority may rely on a test certificate, issued by a recognised testing facility, that complies with section 50.
In giving its approval, the Competent Authority may impose, in relation to the approval, a condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.
A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or reasonably ought to know—
(a) a condition about the construction, packing, maintenance or use of the packaging was imposed in relation to the approval of the design for the packaging, and
(b) the construction, packing, failure to maintain or use is in contravention of the condition.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
In this Regulation, the following testing facilities are
(a) a testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type,
(b) if NATA has not registered a testing facility to conduct performance tests under Part 6 of the ADG Code for the packaging design type—a testing facility in Australia capable of conducting the tests,
(c) a facility in a foreign country approved by a public authority of the country to conduct performance tests under Part 6 of the ADG Code for the packaging design type.
A recognised testing facility may give a written certification that a packaging design type has passed particular performance tests for particular dangerous goods.
If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must—
(a) contain details required under the relevant Chapter of Part 6 of the ADG Code, and
(b) be in the appropriate form used by NATA registered testing facilities.
If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA—
(a) the test must be observed by or for the Competent Authority, and
(b) a test certificate, or report on the test, must contain details required under the relevant Chapter of Part 6 of the ADG Code.
The Competent Authority may, on application in accordance with section 196, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers the risk involved in using the method is not greater than the risk involved in using a method complying with the section.
In giving its approval, the Competent Authority may impose, in relation to the approval, a condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.
A person must not use an overpack to transport dangerous goods if the person knows, or reasonably ought to know—
(a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack, and
(b) the use is in contravention of the condition.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
The Competent Authority may authorise the following persons to issue approvals under sections 48 and 51—
(a) an engineer holding a university qualification in mechanical engineering,
(b) a laboratory accredited by NATA,
(c) a NSW government agency or statutory body representing the Crown.
In giving its authorisation, the Competent Authority may impose, in relation to the authorisation, a condition it considers appropriate in relation to the issuing of approvals by the person.
In issuing an approval, in addition to complying with a condition imposed under subsection (2), the person must also—
(a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval, and
(b) give the Competent Authority, in relation to the approval, all of the information listed in section 208.
If a person is authorised to issue approvals under this section—
(a) a reference in section 46, 48 or 51 to the Competent Authority applies as if it were a reference to the person, and
(b) a reference to the Competent Authority in Part 17, Division 1 or 4, to the extent the Division deal with approvals, applies as if it were a reference to the person, and
(c) a reference in this Regulation to an approval under section 48 or 51 includes a reference to an approval given by the person under section 48 or 51 as applied by paragraph (a), and
(d) section 260(c), (d) and (h) apply as if a reference in section 260 to the Competent Authority were a reference to the person.
The Competent Authority may withdraw an authorisation granted under this section at any time.
The withdrawal of an authorisation does not affect an approval issued by the person before the withdrawal took effect.
A person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless the packaging—
(a) is of a design that has been approved under section 48 and it is marked in accordance with Part 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code and, according to the marking, the use of the packaging is appropriate for the goods, or
(b) complies with the relevant requirements of Parts 4 and 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code, including relevant marking requirements, and the use of the packaging is appropriate for the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
In this Division—
A person must not consign dangerous goods for transport in general packaging if the person knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not pack dangerous goods for transport in general packaging if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not pack dangerous goods for transport in general packaging in a way the person knows, or reasonably ought to know, does not comply with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not load dangerous goods that are in general packaging on to a vehicle for transport if the person knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not transport dangerous goods in general packaging if the prime contractor or rail operator knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not drive a road vehicle transporting dangerous goods in general packaging if the person knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.
Maximum penalty—20 penalty units.
In this Division—
A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with—
(a) if the tank is not made of fibre reinforced plastic—Chapter 6.7 of the ADG Code, or
(b) if the tank is made of fibre reinforced plastic—Chapter 6.7 and section 6.9.2.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with Chapter 6.7 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Subsection (1) does not apply to a person in relation to a portable tank if—
(a) Chapter 6.7 and section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate, and
(b) the tank is marked as required by Chapter 6.7 of the ADG Code.
A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
The owner of a portable tank, a demountable tank or an MEGC must not use the tank or MEGC, or permit the tank or MEGC to be used, to transport dangerous goods if the tank or MEGC is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign dangerous goods for transport in other packaging provided by the person if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign dangerous goods for transport in other packaging that was provided by another person if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not pack dangerous goods for transport in other packaging if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not pack dangerous goods for transport in other packaging in a way the person knows, or reasonably ought to know, does not comply with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not load dangerous goods in other packaging on to a vehicle for transport if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or rail operator if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not drive a road vehicle transporting dangerous goods in other packaging if the person knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—40 penalty units.
A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—15 penalty units.
Section 5.1.3.3 of the ADG Code provides for unused pre-labelled dangerous goods packagings to be identified in order to avoid inappropriate emergency response.
A receptacle that has a capacity of more than 500kg or 500L, other than an overpack, is
An overpack is
Any other package of dangerous goods is
The following alternatives to subsections (1)–(3) apply—
(a) a package of dangerous goods packed in limited quantities is
appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code,(b) a package of dangerous goods packed in excepted quantities is
appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code.
In subsection (4)(b), dangerous goods are
(a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List, and
(b) the goods are packed in accordance with Chapter 3.5 of the ADG Code, and
(c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
To avoid doubt, subsections (1) and (3) do not apply to cargo transport units.
A person must not consign dangerous goods for transport in a package if the package is not appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A person must not consign goods for transport in a package that does not contain dangerous goods but that is marked or labelled as if it contained dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
A reference to a label in this section includes a reference to a placard.
A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, the package is not, or will not be once the package is ready to be transported, appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, it does not contain dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
A reference to a label in this section includes a reference to a placard.
A prime contractor or rail operator must not transport goods in a package if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the goods are dangerous goods, and
(b) the package is not appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, a marking or label on the package about its contents is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, the package does not contain dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
A reference to a label in this section includes a reference to a placard.
A load that contains dangerous goods must be placarded if—
(a) it contains—
(i) dangerous goods in a receptacle, other than an article, with a capacity of more than 500L, or
(ii) more than 500kg of dangerous goods in a receptacle, other than an article, or
(b) it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the dangerous goods include—
(i) dangerous goods of UN Division 2.1 that are not aerosols, or
(ii) dangerous goods of UN Division 2.3, or
(iii) dangerous goods of Packing Group I, or
(c) it contains dangerous goods of UN Division 6.2, Category A, or
(d) it contains an aggregate quantity of dangerous goods of UN Division 6.2, other than Category A, of 10 or more, or
(e) it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.
A load that contains dangerous goods must be placarded if the load contains specified goods and—
(a) the specified goods include an aggregate quantity of 2,000 or more of any 1 UN number from a single place of consignment, or
(b) the total gross mass of the specified goods is 8t or more.
This subsection applies separately and in addition to subsection (1). See Table 5.3 of the ADG Code.
A load that contains dangerous goods, and that is not otherwise required to be placarded under this section, must be placarded if the load 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 subsection (1)(b)(i)–(iii)—the aggregate quantity of those dangerous 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 1,000 or more.
In this section,
(a) dangerous goods packed in limited quantities,
(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 23kg,
(c) a combination of the dangerous goods referred to in paragraphs (a) and (b).
See Note 5 to Table 5.3 of the ADG Code.
In this Regulation, a person
In this Division, a placard load is
In this section—
A person must not consign a placard load for transport if the load is not appropriately placarded.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but is placarded as if it were a placard load.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the cargo transport unit.
A person must not consign a load of dangerous goods, other than a placard load, for transport in or on a cargo transport unit if—
(a) the load is placarded, and
(b) the placarding is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person who loads dangerous goods on to a vehicle for transport must ensure that the load is appropriately placarded if the person knows, or reasonably ought to know, the goods are a placard load.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person who loads a placard load on to a vehicle for transport must not placard the load with placarding the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or reasonably ought to know, the load does not contain dangerous goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Subsection (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the load.
A person who loads dangerous goods, other than a placard load, into or on to a cargo transport unit for transport in or on the unit must not placard the load with placarding the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the goods are a placard load, and
(b) the load is not appropriately placarded.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, the placarding of the load is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the person knows, or reasonably ought to know, the cargo transport unit does not contain dangerous goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the cargo transport unit.
A prime contractor or rail operator must not transport a load of dangerous goods, other than a placard load, in or on a cargo transport unit if—
(a) the load is placarded, and
(b) the person knows, or reasonably ought to know, the placarding is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) the goods are a placard load, and
(b) the load is not appropriately placarded.
Maximum penalty—20 penalty units.
A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, the placarding of the load is false or misleading in a material particular.
Maximum penalty—20 penalty units.
A person must not drive a road vehicle that is, or incorporates, a cargo transport unit that is placarded as if it were a placard load if the person knows, or reasonably ought to know, the vehicle does not contain dangerous goods.
Maximum penalty—20 penalty units.
A person must not drive a road vehicle that is, or incorporates, a cargo transport unit if—
(a) the unit is transporting a load of dangerous goods, other than a placard load, and
(b) the load is placarded, and
(c) the person knows, or reasonably ought to know, the placarding is false or misleading in a material particular.
Maximum penalty—20 penalty units.
The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—20 penalty units.
A person undertaking maintenance, testing or inspection of a licensed vehicle must ensure the maintenance, testing or inspection is carried out in accordance with any applicable requirements of Chapter 4.4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person undertaking maintenance, testing or inspection of a licensed vehicle must notify the owner of the vehicle if the person knows, or reasonably ought to know, the vehicle or its equipment failed to comply with Chapter 4.4 of the ADG Code immediately before the commencement of the maintenance, testing or inspection.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person undertaking maintenance, testing or inspection of a licensed vehicle must not provide the owner of the vehicle with information about the maintenance, testing or inspection that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
In this section—
In this Division—
(a) a heavy vehicle within the meaning of the Road Transport Act 2013, and
(b) a tank vehicle, and
(c) a trailer.
(a) is designed to stabilise the vehicle if the vehicle is at risk of rolling over, and
(b) complies with the requirements of Australian Design Rule 38/05—Trailer Brake Systems, made under the Road Vehicle Standards Act 2018 of the Commonwealth, as in force from time to time.
A heavy tank trailer is unsuitable for the transport of dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
The owner of a heavy tank trailer must not use the trailer, or permit it to be used, to transport dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not consign dangerous goods for transport in or on a heavy tank trailer if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not load dangerous goods on to a heavy tank trailer for transport if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not use a heavy tank trailer to transport dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A person must not drive a heavy tank trailer transporting dangerous goods if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—20 penalty units.
This Division applies to the transport of the following types of dangerous goods—
(a) gases of UN Class 2,
(b) self-reactive substances of UN Division 4.1,
(c) organic peroxides of UN Division 5.2,
(d) other substances for which—
(i) the proper shipping name contains the word “STABILIZED”, and
(ii) the self-accelerating decomposition temperature, as determined in accordance with Part 2 of the ADG Code, when presented for transport in a packaging is 50 degrees Celsius or lower,
(e) toxic substances of UN Division or Subsidiary Hazard 6.1,
(f) infectious substances of UN Division 6.2,
(g) dangerous when wet substances of UN Division 4.3.
A person must not consign dangerous goods to which this Division applies for transport in a cargo transport unit if the person knows, or reasonably ought to know, the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not load dangerous goods to which this Division applies for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, the transport does not comply with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator responsible for the transport of 1 or more packages of infectious substances of UN Division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows, or reasonably ought to know, the dangerous goods are not being transported in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—15 penalty units.
The Act, section 8 provides for the duties of persons who consign or arrange for the transport of goods too dangerous to be transported and provides for the relevant offence and penalty for consigning them for transport or arranging their transport.
This Division applies to goods too dangerous to be transported.
A person must not load goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport goods if the contractor or operator knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—15 penalty units.
This Division applies to tanks or hoppers specified in section 7.2.7.1 of the ADG Code (
A person must not consign nominally empty storage vessels for transport in a cargo transport unit if the person knows, or reasonably ought to know, the storage vessels are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not load nominally empty storage vessels for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport nominally empty storage vessels if the contractor or rail operator knows, or reasonably ought to know, the transport does not comply with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a road vehicle transporting nominally empty storage vessels if the person knows, or reasonably ought to know, the storage vessels are not being transported in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—15 penalty units.
This Division applies to the transport of placard loads.
In this Division—
A prime contractor must not cause, permit or allow the use of a road vehicle transporting a placard load in a prohibited area—
(a) on a day or during a period specified for the area, or
(b) if a day or period is not specified for the area—at any time.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
A driver of a road vehicle transporting a placard load must not use the vehicle in a prohibited area—
(a) on a day or during a period specified for the area, or
(b) if a day or period is not specified for the area—at any time.
Maximum penalty—40 penalty units.
A prime contractor or driver does not contravene section 112 or 113 if the vehicle transporting the placard load—
(a) displays a permit issued by the Commissioner of Police under the Road Transport (General) Regulation 2021, section 11(3) authorising it to be used in a prohibited area, and
(b) is used in accordance with the conditions of the permit.
A prime contractor or driver does not contravene section 112 or 113 in an M1 prohibited area unless—
(a) the placard load includes UN Class 1 or UN Division 2.1 goods, or
(b) the placard load requires more than 1 placard, or the use of a mixed class placard, to comply with this Regulation.
In this section—
A person must not consign for transport in or on a vehicle a load that contains dangerous goods and is a placard load if the person knows, or reasonably ought to know, the goods or their packaging are not, or will not be, stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not consign a load that contains dangerous goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, the cargo transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person who loads for transport in or on a vehicle a load that contains dangerous goods and is a placard load must ensure the goods and their packaging are stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person who loads for transport in or on a vehicle dangerous goods that are in a cargo transport unit must ensure the cargo transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport in or on a vehicle a load that contains dangerous goods and is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or rail operator knows, or reasonably ought to know, the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
A person must not drive a road vehicle transporting a load that contains dangerous goods and is a placard load if the person knows, or reasonably ought to know, the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.
(j) a decision under section 228 or 238 to renew or refuse to renew a licence,
(k) a decision under section 245 to issue or refuse to issue a replacement licence,
(l) a decision under section 254, 256 or 257 to cancel, suspend, vary or refuse to vary a licence,
(m) a decision under section 268 to approve or not approve the use of a vehicle that is not covered by a policy of insurance or other form of indemnity.
A person whose interests are affected by a decision may make a written application to the Competent Authority for reconsideration of the decision.
An application must be made within—
(a) 28 days after the day on which the person was informed of the decision by the Competent Authority, or
(b) a longer period allowed by the Authority, either before or after the end of the 28 days.
The application must set out the grounds on which reconsideration of the decision is sought.
Within 28 days after receiving the application, the Competent Authority must reconsider the decision and confirm, revoke or vary the decision.
The Competent Authority must give the applicant written notice of the result of the reconsideration and of the reasons for the result.
A person who is not satisfied with the result of a reconsideration of a decision by the Competent Authority under section 263 may appeal against the decision—
(a) for a reconsideration by the EPA—to the Land and Environment Court, or
(b) for a reconsideration by SafeWork NSW—to the Local Court constituted by an Industrial Magistrate sitting alone.
An appeal under this section must be made within 21 days after the day on which the person was informed of the result of the reconsideration of the decision.
An appeal under this section does not operate to stay the decision the subject of the appeal except as otherwise ordered by the court.
The court to which an appeal under this section is made may confirm, vary or revoke the decision.
The owner of a road vehicle must not use the vehicle, or permit it to be used, to transport a placard load unless—
(a) the use of the vehicle is covered by a policy of insurance, or other form of indemnity, for a sum that is not less than $5 million, in relation to—
(i) personal injury, death, property damage and other damage, except consequential economic loss, arising out of a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle, and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from a fire, explosion, leakage or spillage mentioned in subparagraph (i), or
(b) the owner has an approval under section 268 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) for a body corporate—250 penalty units.
Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of subsection (1).
For the purposes of subsection (1), if a load bearing vehicle is being used in combination with another vehicle, only one policy of insurance is required.
A prime contractor must not use a road vehicle to transport a placard load unless—
(a) the use of the vehicle is covered by a policy of insurance or other form of indemnity, for a sum that is not less than $5 million, in relation to—
(i) personal injury, death, property damage and other damage, except consequential economic loss, arising out of a fire, explosion, leakage or spillage of dangerous goods in, on or from the vehicle or any packaging transported in or on the vehicle, and
(ii) costs incurred by or on behalf of a Commonwealth, State or Territory government authority in a clean-up resulting from a fire, explosion, leakage or spillage mentioned in subparagraph (i), or
(b) the prime contractor has an approval under section 268 in relation to the use of the vehicle and is complying with all relevant conditions to which the approval is subject.
Maximum penalty—
(a) for an individual—50 penalty units, or
(b) for a body corporate—250 penalty units.
Each load bearing vehicle, whether or not a motor vehicle and whether or not it is being used in combination with another vehicle, is a vehicle for the purposes of subsection (1).
For the purposes of subsection (1), if a load bearing vehicle is being used in combination with another vehicle, only one policy of insurance is required.
The Competent Authority may, by written notice, require the owner of a road vehicle used to transport a placard load, or a prime contractor responsible for the condition of the vehicle, to produce—
(a) written evidence that the vehicle is covered by a policy of insurance or other form of indemnity in accordance with section 265(1)(a) or 266(1)(a), or
(b) an approval under section 268 in relation to the vehicle.
The owner or prime contractor must produce the evidence or approval to the Competent Authority within 14 days after the day on which the notice is given to the person.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
The owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application in accordance with section 196 to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity mentioned in section 265(1)(a) or 266(1)(a).
If the Competent Authority is satisfied the owner or prime contractor is adequately capable of self-insurance for the purposes of section 265(1)(a) or 266(1)(a), the Competent Authority may give written approval for the use of the vehicle.
An approval under subsection (2) may be given by the Competent Authority—
(a) for a single use or for a period not longer than 5 years, and
(b) subject to any other condition.
The fees to be paid for applications made under the Act are listed in Schedule 1.
An appeal to a court under the Act, section 35 must be made within 21 days after the day on which the person was given notice of the result of the review.
An appeal to a court under the Act, section 45 must be made within 21 days after the day on which the person was given notice of the result of the internal review.
The Dangerous Goods (Road and Rail Transport) Regulation 2014 is repealed.
An act, matter or thing that, immediately before the repeal of the Dangerous Goods (Road and Rail Transport) Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.
This section applies if—
(a) the ADG Code is amended or remade or a code, standard or rule applied or adopted by, or incorporated in, the ADG Code is amended or remade, and
(b) the amendment or remake has the effect of imposing a new requirement on a person, or modifying an existing requirement applying to a person, under this regulation.
The new requirement or modified existing requirement does not apply in relation to the person until the relevant period for the amendment or remake ends.
For subsection (2), this regulation applies in relation to the person during the relevant period as if the amendment or remake had not taken effect.
This section is subject to any other section of this regulation that provides for when or how the new requirement or modified existing requirement applies in relation to the person.
In this section—
section 269
Item | Type of fee | Fee in fee units |
1 | Application for exemption—section 190(1)(l) | 1.71 |
2 | Application for administrative determination or approval or for variation of administrative determination or approval—section 196 | |
| 3.41 | |
| 3.41 | |
| 1.71 | |
| 1.71 | |
| 1.14 | |
| 1.14 | |
| 1.14 | |
3 | Application for dangerous goods driver licence—section 222(2)(e) | 0.57 |
4 | Application for renewal of dangerous goods driver licence—section 227(2)(e) | 0.57 |
5 | Application for dangerous goods vehicle licence—section 234(3) | 0.87 for each road vehicle |
6 | Application for renewal of dangerous goods vehicle licence—section 237(3) | 0.87 for each road vehicle |
6A | Application to amend a licence—section 238A(2)— | |
| 0.87 for each road vehicle | |
| 0.23 for each road vehicle | |
7 | Application for transfer of dangerous goods vehicle licence—section 241(5) | 0.11 for each road vehicle |
For the purposes of this Schedule, a
(a) in the financial year 2022–23—$100, and
(b) in each subsequent financial year—the amount calculated as follows—
where—
A is the CPI number for the September quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2022.
The amount of a fee unit must be rounded to the nearest cent and an amount of 0.5 must be rounded down.
If the amount of a fee unit calculated for a financial year is less than the amount that applied for the previous financial year, the amount for the previous financial year applies instead.
The amount of a fee calculated by reference to a fee unit must be rounded to the nearest dollar and an amount of 50 cents must be rounded down.
As soon as practicable after the CPI number for the September quarter is first published by the Australian Bureau of Statistics, the Competent Authority is required to—
(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of the amount can be published on the NSW legislation website, and
(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Schedule.
This section operates to change an amount of a fee that is calculated by reference to a fee unit and that change is not dependent on the notification or other notice required by this section.
In this section—
For the Act, section 48(2)—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
Column 1 | Column 2 | Column 3 |
Provision | Penalty—individuals | Penalty—body corporates |
Section 6(1) | $2,000 | $10,000 |
Section 6(2) | $800 | $4,000 |
Section 6(3) | $2,000 | — |
Section 7(1) | $2,000 | $10,000 |
Section 7(2) | $800 | — |
Section 8 | $2,000 | $10,000 |
Section 9(1) and (2) | $2,000 | $10,000 |
Section 19(2) | $400 | — |
Section 24 | $2,000 | — |
Section 27 | $2,000 | $10,000 |
Section 29 | $2,000 | $10,000 |
Section 31 | $2,000 | $10,000 |
Section 39(3) | $2,000 | $10,000 |
Section 40(2) | $400 | $2,000 |
Section 42(6) | $2,000 | $10,000 |
Section 53(9) | $2,000 | $10,000 |
Section 66(2) and (3) | $110 | — |
Section 7(3)–(5) | $800 | $4,000 |
Section 8 | $800 | $4,000 |
Section 20(2) | $800 | $4,000 |
Section 20(3) | $800 | — |
Section 25(2) | $800 | $4,000 |
Section 29(1) | $800 | $4,000 |
Section 37 | $400 | $2,000 |
Section 38 | $400 | $2,000 |
Section 39 | $400 | $2,000 |
Section 40 | $400 | $2,000 |
Section 41 | $200 | — |
Section 45(1) and (2) | $800 | $4,000 |
Section 47(2) and (3) | $800 | $4,000 |
Section 48(4) | $800 | $4,000 |
Section 51(3) | $800 | $4,000 |
Section 53 | $800 | $4,000 |
Section 55 | $800 | $4,000 |
Section 56(1) and (2) | $800 | $4,000 |
Section 57 | $800 | $4,000 |
Section 58 | $800 | $4,000 |
Section 59 | $800 | — |
Section 61(1), (1A) and (3) | $800 | $4,000 |
Section 62 | $800 | $4,000 |
Section 63(1) and (2) | $800 | $4,000 |
Section 64(1) and (2) | $800 | $4,000 |
Section 65 | $800 | $4,000 |
Section 66(1) and (2) | $800 | $4,000 |
Section 67 | $800 | — |
Section 68 | $400 | $2,000 |
Section 69 | $400 | $2,000 |
Section 70 | $400 | $2,000 |
Section 71 | $400 | $2,000 |
Section 72 | $260 | — |
Section 74(1)–(3)— | ||
| $400 | $2,000 |
| $130 | $650 |
Section 75(1)–(3)— | ||
| $400 | $2,000 |
| $130 | $650 |
Section 76(1)–(3)— | ||
| $400 | $2,000 |
| $130 | $650 |
Section 79(1)–(3) and (5) | $800 | $4,000 |
Section 80(1)–(3) and (5) | $800 | $4,000 |
Section 81(1)–(3) and (5) | $800 | $4,000 |
Section 82(1)–(4) | $400 | — |
Section 83 | $800 | $4,000 |
Section 84 | $800 | $4,000 |
Section 85 | $400 | $2,000 |
Section 86 | $800 | $4,000 |
Section 87 | $400 | — |
Section 88(1)–(3) | $800 | $4,000 |
Section 91 | $800 | $4,000 |
Section 92 | $800 | $4,000 |
Section 93 | $400 | $2,000 |
Section 94 | $800 | $4,000 |
Section 95 | $400 | — |
Section 97 | $400 | $2,000 |
Section 98 | $400 | $2,000 |
Section 99(1) and (2) | $400 | $2,000 |
Section 100 | $260 | — |
Section 102 | $400 | $2,000 |
Section 103 | $400 | $2,000 |
Section 104 | $260 | — |
Section 106 | $400 | $2,000 |
Section 107 | $400 | $2,000 |
Section 108 | $400 | $2,000 |
Section 109 | $260 | — |
Section 112 | $800 | $4,000 |
Section 113 | $800 | — |
Section 115(1) and (2) | $400 | $2,000 |
Section 116(1) and (2) | $400 | $2,000 |
Section 117(1) and (2) | $400 | $2,000 |
Section 118(1) and (2) | $260 | — |
Section 121 | $800 | $4,000 |
Section 122 | $800 | $4,000 |
Section 123 | $800 | $4,000 |
Section 124 | $800 | $4,000 |
Section 125 | $260 | — |
Section 127(3) | $800 | $4,000 |
Section 129(1) | $400 | $2,000 |
Section 129(2) | $800 | $4,000 |
Section 130(1)–(3) | $400 | $2,000 |
Section 131(1) | $400 | $2,000 |
Section 131(3) | $800 | $4,000 |
Section 131(4) | $130 | $650 |
Section 132(1) | $400 | $2,000 |
Section 132(3) | $800 | $4,000 |
Section 132(4) | $130 | $650 |
Section 133(1) | $400 | $2,000 |
Section 135(1) and (2) | $400 | $2,000 |
Section 136(1) and (2) | $400 | $2,000 |
Section 137(1) and (2) | $400 | — |
Section 138 | $800 | $4,000 |
Section 139(1) and (2) | $260 | $1,300 |
Section 140(1) | $260 | $1,300 |
Section 141 | $400 | $2,000 |
Section 142(1) | $400 | $2,000 |
Section 143(1) and (2) | $260 | — |
Section 144(2) and (3) | $260 | — |
Section 145(2) | $400 | $2,000 |
Section 147 | $260 | $1,300 |
Section 148 | $400 | $2,000 |
Section 149(1) | $400 | $2,000 |
Section 150(1) and (3) | $260 | — |
Section 150(2) | $130 | — |
Section 151(1) and (2) | $260 | — |
Section 153 | $260 | $1,300 |
Section 154 | $260 | $1,300 |
Section 155 | $800 | $4,000 |
Section 156 | $800 | $4,000 |
Section 157(1) and (2) | $800 | $4,000 |
Section 158(1) and (2) | $260 | — |
Section 159(2) | $130 | — |
Section 160(1)–(3) | $400 | $2,000 |
Section 161 | $400 | $2,000 |
Section 162 | $130 | — |
Section 163 | $260 | — |
Section 164(2) and (3) | $800 | — |
Section 165 | $800 | — |
Section 166 | $800 | — |
Section 167 | $800 | — |
Section 168 | $260 | $1,300 |
Section 169 | $800 | $4,000 |
Section 170 | $800 | $4,000 |
Section 171 | $800 | $4,000 |
Section 172(2) | $260 | — |
Section 173(2) and (3) | $260 | — |
Section 174(2) and (3) | $800 | $4,000 |
Section 175(2) and (3) | $400 | $2,000 |
Section 176(1) and (2) | $800 | $4,000 |
Section 177(1)–(4) | $800 | $4,000 |
Section 178(2) | $400 | $2,000 |
Section 179(2) | $400 | $2,000 |
Section 241(1)–(3) and (5) | $130 | $650 |
Section 243(1) and (2) | $130 | — |
Section 246 | $800 | — |
Section 250(2) | $130 | $650 |
Section 251(2) | $130 | $650 |
Section 265(1) | $1,200 | $6,000 |
Section 266(1) | $1,200 | $6,000 |
Section 267(2) | $260 | $1,300 |
section 9
(a) the number of kilograms of the following in the load—
(i) solid dangerous goods,
(ii) articles, including aerosols, and
(b) the number of litres or kilograms, being whichever is used in the transport documentation for the load to describe the goods, of liquid dangerous goods in the load, and
(c) the total capacity in litres of receptacles in the load containing dangerous goods of UN Class 2, other than aerosols.
(a) packaging of a design that is approved under section 48, or
(b) foreign approved packaging.
(a) a tank of a design that is approved under section 48, or
(b) a foreign approved tank.
(a) is formed into a particular shape or design during manufacture, and
(b) has hazard properties and a function that are wholly or partly dependent on that shape or design.
(a) a road transport tank or freight vehicle, or
(b) a railway transport tank or freight wagon, or
(c) a portable tank, or
(d) a bulk container, or
(e) a freight container, or
(f) an MEGC.
(a) an ambulance, fire, police or other emergency service of a participating jurisdiction, or
(b) a unit of the Defence Force corresponding to a service mentioned in paragraph (a).
(a) a substance prepared or intended for human or animal consumption, and
(b) a substance, other than dangerous goods, intended to be an ingredient of food.
(a) a receptacle that contains, or is designed or intended to contain, food, or
(b) material designed or intended to be used in a receptacle that is designed or intended to contain food, or
(c) plastic wrapping intended for the packaging of food.
Types of foreign approved packaging include, but are not limited to, bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.
(a) is of a permanent character suitable for repeated use, and
(b) is designed to facilitate the transport of goods by one or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another, and
(c) is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another, and
(d) is designed in a way that facilitates the ease of loading and unloading of goods from the container, and
(e) for a container used to transport goods other than radioactive material—has an internal volume of not less than 1m
3 .
(a) if 2 or more hoses are connected—the connections between the hoses, and
(b) the attachment connecting the hose or hoses to the tank, and
(c) anything else attached to the hose or hoses, except the vehicle, portable tank or storage receptacle.
(a) consists of outer packaging that contains articles or inner packagings, and
(b) is designed for mechanical handling, and
(c) has—
(i) a net mass of more than 400kg or a capacity of more than 450L, and
(ii) a volume of not more than 3m
3 .
• packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way
• packages placed in protective outer packaging such as in a box or crate
(a) inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag, and
(b) any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents.
(a) New South Wales, and
(b) any other State or Territory that has a corresponding law.
(a) includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas, and
(b) is capable of being loaded and unloaded without removing its structural equipment, and
(c) has stabilising components external to its shell, and is capable of being lifted when full, and
(d) is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling, and
(e) for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9—is a multimodal tank, and
(f) for a tank used for transporting non-refrigerated, liquefied gases of UN Class 2—is a multimodal tank having capacity of more than 450L, and
(g) for a tank used for transporting refrigerated, liquefied gases of UN Class 2—is a thermally insulated tank having a capacity of more than 450L, and
(h) is not an item that is not considered to be a portable tank for the purposes of the ADG Code.
Note— See the definition of
portable tank in section 1.2.1 of the ADG Code for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.
A cylindrical receptacle equipped with rolling hoops or spheres on skids.
(a) is designed to carry freight by rail, and
(b) bears a unique identifying number or alphanumeric identifier.
(a) for receiving and holding the substance or article, including anything that enables the container to be closed, and
(b) in contact with the substance or article.
(a) a motor vehicle, or
(b) a trailer.
(a) of which a tank forms part, or
(b) to which a tank, other than a portable tank, is attached.
Dangerous Goods (Road and Rail Transport) Regulation 2022 (464). LW 19.8.2022. Date of commencement, on publication on LW, sec 2. This Regulation has been amended as follows—
(293) | Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2023. LW 16.6.2023. Date of commencement, on publication on LW, sec 2. |
Sec 13 | Subst 2023 (293), Sch 1[1]. |
Sec 18 | Subst 2023 (293), Sch 1[2]. |
Sec 30 | Am 2023 (293), Sch 1[3]. |
Sec 61 | Am 2023 (293), Sch 1[4]–[6]. |
Sec 83 | Am 2023 (293), Sch 1[7]. |
Sec 84 | Am 2023 (293), Sch 1[7]. |
Sec 85 | Am 2023 (293), Sch 1[7]. |
Sec 86 | Am 2023 (293), Sch 1[7]. |
Sec 87 | Am 2023 (293), Sch 1[7]. |
Sec 145 | Am 2023 (293), Sch 1[8]. |
Sec 177 | Am 2023 (293), Sch 1[9]. |
Sec 236 | Am 2023 (293), Sch 1[7]. |
Sec 238 | Am 2023 (293), Sch 1[7]. |
Sec 238A | Ins 2023 (293), Sch 1[10]. |
Sec 238B | Ins 2023 (293), Sch 1[10]. |
Sec 272 | Ins 2023 (293), Sch 1[11]. |
Sch 1 | Am 2023 (293), Sch 1[12]. |
Sch 2 | Am 2023 (293), Sch 1[13]–[15]. |
Sch 3 | Am 2023 (293), Sch 1[16]–[20]. |
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