Dangerous Goods Safety Regulations Amendment Regulations 2017 (WA)
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MINERALS AND PETROLEUM
AI P301
Dangerous Goods Safety Act 2004
Dangerous Goods Safety Regulations
Amendment Regulations 2017
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Dangerous Goods Safety Regulations
Amendment Regulations 2017.2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Part 2 — Dangerous Goods Safety (Explosives)
Regulations 2007 amended
3. Regulations amended
This Part amends the Dangerous Goods Safety (Explosives)
Regulations 2007.
(ISBN-1-920763-10-4); or
4. Regulation 3 amended
(1) In regulation 3 delete the definitions of: Material Safety Data Sheet
MSDS(2) In regulation 3 insert in alphabetical order:
safety data sheet (SDS), for an explosive, means a
document in English that contains the information inrelation to the explosive that is required by —
(a) the National Code of Practice for the
Preparation of Material Safety Data Sheets
2" Edition [NOHSC: 2011(2003)]
3 March 2017 GOVERNMENT GAZETTE, WA 1475 (b) the Preparation of Safety Data Sheets for Hazardous Chemicals - Code of Practice published by Safe Work Australia in
February 2016 (ISBN 978-0-642-33311-7);
Safe Work Australia means Safe Work Australia
established by the Safe Work Act 2008(Commonwealth) section 5;
5. Various references to "MSDS" amended
In the provisions listed in the Table delete "MSDS" and insert:SDS
Table
r. 30(2)(c)(vii) r. 42(2)(b) r. 58(c) r. 69(2) r. 93(3) r. 1 18(5)(a)
Part 3 - Dangerous Goods Safttr (General) Regulations 2007 amended
6. Regulations amended
This Part amends the Dangerous Goods Safety (General)
Regulations 2007.7. Regulation 3 amended
In regulation 3 delete the definition of combustible liquid and
insert: combustible liquid has the meaning given in the
Dangerous Goods Safety (Storage and Handling of
Non-explosives) Regulations 2007 regulation 4;Part 4— Dangerous Goods Safety (Security Sensitive
Ammonium Nitrate) Regulations 2007 amended
8. Regulations amended
This Part amends the Dangerous Goods Safety (Security
Sensitive Ammonium Nitrate) Regulations 2007.
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9. Regulation 3 amended
(1) In regulation 3 delete the definitions of Material Safety Data Sheet
MSDS(2) In regulation 3 insert in alphabetic order:
safety data sheet (SDS), for an S SAN, means a
document in English that contains the information inrelation to the SSAN that is required by -
(a) the National Code of Practice for the Preparation of Material Safety Data Sheets rd Edition [NOHSC: 2011 (2003)] (ISBN-1-920763-10-4); or
(b) the Preparation of Safety Data Sheets for Hazardous Chemicals - Code of Practice published by Safe Work Australia in February 2016 (ISBN 978-0-642-33311-7);
Safe Work Australia means Safe Work Australia
established by the Safe Work Act 2008(Commonwealth) section 5;
10. Regulation 17 amended
In regulation 17(c) delete "MSDS" and insert:SDS
Part 5— Dangerous Goods Safety (Storage and
Handling of Non-explosives) Regulations 2007 amended 11. Regulations amended
This Part amends the Dangerous Goods Safety (Storage and
Handling of Non-explosives) Regulations 2007.12. Regulation 4 amended
(1) In regulation 4 delete the definitions of:
Cl combustible liquid
combustible liquid
current MSDS
Material Safety Data Sheet
MSDS
3 March 2017 GOVERNMENT GAZETTE, WA 1477 (2) In regulation 4 insert in alphabetical order:
combustible liquid means a liquid that is not a Class 3
dangerous good that has -
(a) a flashpoint that is no higher than 93°C; and (b)
a fire point, as defined in AS 1940-2004, that is less than the boiling point;
current SOS means the most recent SDS that, if
applicable, has been reviewed and revised in
accordance with regulation 19;
GHS means any of the following editions of the
Globally Harmonised System of Classification and
Labelling of Chemicals published by the UnitedNations -
(a)
3rd revised edition (2009) (ISBN 978-92-1-1170067-1);
(b)
4th revised edition (2011) (ISBN 978-92-1-117042-9);
(c)
5th revised edition (2013) (ISBN 978-92-1-117067-2);
(d)
6th revised edition (2015) (ISBN 978-92-1-117087-0);
importer, in relation to goods, means a person who
imports the goods into the State from outside Australia;
Safe Work Australia means Safe Work Australia
established by the Safe Work Act 2008
(Commonwealth) section 5;
safety data sheet (SDS), for particular dangerous
goods, means a document in English that contains the
information in relation to the dangerous goods that isrequired by -
(a) the National Code of Practice for the Preparation of Material Safety Data Sheets rd Edition [NOHSC: 2011 (2003)] (ISBN-1-920763-10-4); or (b) the Preparation of Safety Data Sheets for Hazardous Chemicals - Code of Practice published by Safe Work Australia in February 2016 (ISBN 978-0-642-33311-7);
(3) In regulation 4 in the definition of packaged dangerous goods
paragraph (a) delete "or Cl combustible liquids".
13. Regulation 6 amended
In regulation 6:
(a) delete paragraph (0;
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(b) in paragraph (1)(viii) delete "Cl"; (c) in paragraph (q) delete "C 1". 14. Regulation 13A replaced
Delete regulation 13A and insert:
13A. Duties of manufacturer and importer as to
classification of goods(1) In this regulation -
goods means any substance or article.(2) A person who manufactures or imports any goods
must -
(a) determine whether the goods are dangerous goods; and (b) if they are dangerous goods - (i) classify them in accordance with the ADG Code; and
(ii) assign them a UN number, proper shipping name and, if applicable, a packing group in accordance with the ADG Code.
Penalty for this subregulation: a level 1 fine.
15. Regulation 138 amended
(1) Delete regulation 13B(2)(b) and insert: (b) have not been classified in accordance with the
ADG Code,
(2) Delete regulation 13B(3)(a)(ii) and insert: (ii) if they are dangerous goods, to classify
them in accordance with the
ADG Code;
(3) Delete regulation 13B(4)(c)(ii) and insert: (ii) if the goods are dangerous goods, they are accurately classified in accordance with the ADG Code;
3 March 2017 GOVERNMENT GAZETTE, WA 1479 16. Regulation 13 replaced
Delete regulation 13 and insert:
13C. Duties of manufacturer or importer as to packaging
and container labelling(1) A manufacturer or importer of dangerous goods must
ensure that if the goods are stored by the manufacturer
or importer, or supplied by the manufacturer or
importer to another person, the provisions of theADG Code are complied with -
(a)
in relation to the condition and packaging of the goods; and
(b)
in relation to the container labelling for the goods.
Penalty for this subregulation: a level 2 fine.
(2) A manufacturer or importer who stores dangerous
goods is not in breach of subregulation (1)(b) if the
labelling of the stored goods complies with the GHS.
(3) A manufacturer or importer who supplies dangerous
goods to another person is not in breach of
subregulation (1)(b) in respect of the inner labelling ofthe goods if the inner labelling complies with the GHS.
(4) A person who is the manufacturer or importer of
combustible liquids must ensure that if the liquids are
supplied to another person they are packed inpackaging that is -
(a)
of a type and in a condition that will retain the liquids and will not react adversely with the liquids; and
(b) clearly labelled with the product name of the liquids. Penalty for this subregulation: a level 2 fine.
13. Prohibitions on supply
(1) In this regulation -
labelling requirements means -
(a) in the case of labelling of packaging that is
contained or protected by outer packaging -
(i) the provisions of the ADG Code in relation to container labelling; or
(ii) the provisions of the GHS in relation to labelling;
and
(b) in all other cases - the provisions of the
ADG Code in relation to container labelling.
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(2) A person must not supply dangerous goods if the
person has reasonable grounds to suspect that -
(a)
the condition and packaging of the dangerous goods does not comply with the provisions of the ADG Code; or
(b)
the labelling of the dangerous goods does not comply with the labelling requirements; or
(c)
the container into which the dangerous goods are to be supplied is leaking, or will leak.
Penalty for this subregulation: a level 2 fine.
17. Regulation 14 amended
In regulation 14 delete "Regulation 13" and insert:
Regulation 13(2)
18. Regulation 17 replaced
Delete regulation 17 and insert:
17. Application of Division to combustible liquids
F1iis Division does not apply to combustible liquids.
19. Regulation 21 amended
After regulation 21(1 )(a) insert:
(aa) is clearly labelled in accordance with the
set Out in an edition of the GHS; or labelling requirements for the dangerous goods
20. Regulation 59 amended
In regulation 59:
(a) after "ADG Code" (Vt occurrence) insert: or the GHS (b) in paragraph (a) delete "ADG Code; and" and insert: ADG Code or the GHS; and
3 March 2017 GOVERNMENT GAZETTE, WA 1481 21. Various references to "Cl combustible liquids" amended
In the provisions listed in the Table delete "C 1" (each occurrence).
Table
r. 4 def of petroleum product r. 8(2)(c) r. 69(1) def. of relevant sign r. 69(3)(b) r. 70(1) def. of relevant sign r. 138 Sch. 1 cl. 2 Table it. 7 and 8 Sch. 3 cl. 4(c) Sch. 3 cl. 5(2) Sch. 3 cl. 6(d) Sch. 3 cl. 7(d) Sch. 4 cl 1 heading to Figure 2
and Figure 6Sch. 4 cl. 5(3)(a)(iii) Sch. 4 cl. 6 Note: The heading to the amended provisions listed in the Table are to read
as set out in the Table.
Table
Amended provision Provision heading Storage of Class 3 or combustible liquids in vehicles
Sch. 4 cl. 3 Placard for dangerous goods in bulk
that are not goods too dangerous to
transport or combustible liquids (r. 69)Sch. 4 cl. 6 Placard for combustible liquids (in bulk
or in containers) (r. 69 and 70)22. Various references to "MSDS" amended
In the provisions listed in the Table delete "MSDS" (each
occurrence) and insert: SDS
Ia ble
r. 18 r. 19(1) and (2) r.20(1) r.22 r. 23(1)(a) r. 77(2)(b) r. 79(1), (3) and (4) r. 114 r. 131(1), (3) and (4) Note: The heading to the amended regulations listed in the Table are to read
as set out in the Table.
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Table
Amended regulation Regulation heading
r. 18 SDS to be prepared before goods supplied r. 19 When revised SDS required r. 20 Provision of current SDS r. 22 Safe storage and handling information not in SDS to be provided r. 79 Requirements as to SDS for dangerous goods r. 114 Requirements as to SDS for goods in pipeline r. 131 Requirements as to SDS for dangerous goods R. KENNEDY, Clerk of the Executive Council.
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