Dangerous Goods Safety Regulations Amendment Regulations 2018 (WA)

996 GOVERNMENT GAZETTE, WA 20 March 2018

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Dangerous Goods Safety Act 2004

Dangerous Goods Safety Regulations

Amendment Regulations 2018

Made by the Governor in Executive Council.

(b)	the rest of the regulations — on the day after that day.

Part 1 — Preliminary

1.     Citation

These regulations are the Dangerous Goods Safety Regulations Amendment Regulations 2018.
2.	Commencement These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

20 March 2018 GOVERNMENT GAZETTE, WA 997

Pa rt 2 — Dangerous Goods Safety (Explosives)

Regulations 2007 amended

3.      Regulations amended

This Part amends the Dangerous Goods Safety (Explosives)
Regulations 2007.

4.      Regulation 3 amended

In regulation 3 delete the definition of ADG Code and insert:

ADG Code has the meaning given in the Dangerous
Goods Safety (Road and Rail Transport of
Non-explosives) Regulations 2007 regulation 4;

5.      Regulation 20 amended

In regulation 20(5)(b) delete "personal details" and insert:

name

6.      Regulation 25A inserted

At the end of Part 3 insert:

25A.	Duty to correct information in relation to an application under regulation 17 or 21A
(1)	In this regulation —
security information means information given by a security card holder to the Chief Officer in, or in relation to, an application made under regulation 17

or 21A.

(2) A security card holder must, within 14 days after
becoming aware that security information has become
incorrect in a material respect, correct that information
by written notice to the Chief Officer.
Penalty for this subregulation: a level 3 fine.

7.      Regulation 34 amended

In regulation 34(1) delete the passage that begins with "there is —" and ends with "of 1.4," and insert:

there are —

(a) explosives with a classification code of 1.1, 1.2 or 1.5 and the gross weight of the explosives is more than 2.5 kg; or

998 GOVERNMENT GAZETTE, WA 20 March 2018

(b)	explosives with a classification code of 1.3 and
the gross weight of the explosives is more than 15 kg; or
(c)	explosives with a classification code of 1.4 and
the gross weight of the explosives is more than 30 kg,

8.       Part 7 Division 2 deleted

Delete Part 7 Division 2.

9.      Regulation 78 amended

Delete regulation 78(b), (c) and (d) and insert:

(b)	the gross weight of explosives with a
classification code of 1.1 or 1.2 at the place is not more than 2.5 kg; and
(c)	the gross weight of explosives with a
classification code of 1.3 at the place is not more than 15 kg; and
(d)	the gross weight of explosives with a
classification code of 1.4 at the place is not more than 30 kg.

10.     Regulation 79 amended

Delete regulation 79(b), (c) and (d) and insert:

(b)	the gross weight of explosives with a
classification code of 1.1 or 1.2 at the place is not more than 2.5 kg; and
(c)	the gross weight of explosives with a

classification code of 1.3 at the place is not

more than 15 kg; and

(d)	the gross weight of explosives with a
classification code of 1.4 at the place is not more than 30 kg.

11.     Regulation 82A amended

(1)	In regulation 82A(1) delete "more than 1 000 kg of sparklers" and insert:
sparklers with a gross weight of more than 1 000 kg

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(2)	In regulation 82A(1) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:

12.     Regulation 85 amended

(1)	At the end of regulation 85(1) insert:
Penalty for this subregulation: a level 3 fine.
(2)	In regulation 85(2) delete "more than 2 kg of black powder" and insert:
black powder the NEQ of which is more than 2 kg
(3)	In regulation 85(2) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:

13.     Regulation 91 amended

(1)	In regulation 91(2) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
(2)	In regulation 91(4) delete "more than 250 kg of explosive" and insert:
explosive the NEQ of which is more than 250 kg
(3)	In regulation 91(4) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:

14.     Regulation 98 amended

Delete regulation 98(b).

15.     Regulation 99 amended

Delete regulation 99(b).

16.     Regulation 100 amended

Delete regulation 100(b).

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17. Regulation 101 amended
Delete regulation 101(1)(b) and (2)(c).

18. Regulation 104 amended

(1) Delete regulation 104(2)(c) and insert:

(c) to the AE Code section 8.4.4(1) to the extent
that it requires —

(i)the owner of a vehicle that is

transporting explosives and the prime
contractor to take all practicable steps to
ensure a person who is driving the
vehicle complies with the requirements
of section 8.4.3; or

(ii) the owner of a vehicle that is

transporting explosives to ensure the person who is driving the vehicle is authorised to do so under the Act;

or

(2) After regulation 104(2) insert:

(2A) Also, subregulation (1) does not apply insofar as it

requires a person who is transporting an explosive to

comply with the AE Code section 3.2.7(1), if —

(a) the explosive being transported is identified in
the AE Code as having —

(i)the UN Number 0082, with the proper

shipping name of "Explosives, Blasting,
Type B" and with the classification

code 1.1D; or

(ii) the UN Number 0241, with the proper

shipping name of "Explosives, Blasting, code 1.1D; or

(iii) the UN Number 0331, with the proper

shipping name of "Explosives, Blasting, code 1.5D; or

(iv)the UN Number 0332, with the proper

shipping name "Explosives, Blasting, code 1.5D;

and

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(b) the explosive is transported in an Intermediate
Bulk Container that is labelled —

(i)in accordance with the requirements for

outer packaging stated in the AE Code
section 3.2.1; and

(ii)in accordance with the relevant

requirements for the explosive set out in
the GHS.

(2B) In subregulation (2A) —

GHS has the meaning given in the Dangerous Goods

Safety (Storage and Handling of Non-explosives)
Regulations 2007 regulation 4;
Intermediate Bulk Container means an Intermediate

Bulk Container within the meaning of the AE Code;

UN Number, in relation to an explosive, means the UN

Number shown in relation to the explosive in
Appendix 2 of the AE Code.

19.     Regulation 136 amended

(1)	In regulation 136(1) delete the definition of theatrical firework.
(2)	In regulation 136(1) insert in alphabetical order:

close proximity firework means a firework, whether
designed and labelled to be used indoors or outdoors,

that is —

(a)	designed to be ignited by using electricity only; and
(b)	either —

(i)manufactured commercially and is

designed and labelled as suitable to be

used in close proximity to a person; or

(ii)manufactured from commercially

available constituents that are designed and labelled as suitable to manufacture fireworks to be used in close proximity to a person;

(3) In regulation 136(1) in the definition of fireworks event:

(a) in paragraph (d) delete "theatrical firework" and insert:

close proximity firework

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(b) in paragraph (e) delete "ceremony;" and insert:

ceremony.

20. Regulation 139 amended
In regulation 139(1)(f) delete "theatrical firework" and insert:

close proximity firework

21. Regulation 148 amended
In regulation 148(2):

(a) in paragraph (c) delete "occur;" and insert:

occur.

(b) delete paragraph (d).

22. Schedule 6 clause 4 amended
Delete Schedule 6 clause 4(a), (b) and (c) and insert:

(a)	the gross weight of emergency devices with a
classification code of 1.1 or 1.2 at the place is not more than 2.5 kg; and
(b)	the gross weight of emergency devices with a
classification code of 1.3 at the place is not more than 15 kg; and
(c)	the gross weight of emergency devices with a
classification code of 1.4 at the place is not more than 30 kg.

23. Schedule 6 clause 5 amended
Delete Schedule 6 clause 5(2)(b) and insert:

(b) the NEQ of black powder at the place is not more
than 4 kg.

24.     Schedule 6 clause 7 amended

Delete Schedule 6 clause 7(b) and insert:

(b) the gross weight of such articles at the place is not
more than 250 kg.

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25.     Schedule 7 clause 4 amended

Delete Schedule 7 clause 4(a) and (b) and insert:

(a)	the gross weight of emergency devices with a
classification code of 1.3G in the vehicle is not more than 50 kg; and
(b)	the gross weight of emergency devices with a
classification code of 1.4 in the vehicle is not more than 250 kg.

26. Schedule 7 clause 5 amended
Delete Schedule 7 clause 5(2)(b) and insert:

(b) the NEQ of black powder in the vehicle is not more
than 4 kg.

27.     Schedule 7 clause 7 amended

Delete Schedule 7 clause 7(b) and insert:

(b) the gross weight of such articles in the vehicle is not
more than 250 kg.

Part 3— Dangerous Goods Safety (Storage and

Handling of Non-explosives) Regulations 2007 amended

28.     Regulations amended

This Part amends the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007.
29.	Regulation 4 amended
(1)	In regulation 4 delete the definition of ADG Code and insert:

ADG Code has the meaning given in the Dangerous
Goods Safety (Road and Rail Transport of

Non-explosives) Regulations 2007 regulation 4;

(2)	In regulation 4 in the definition of combustible liquid paragraph (b) delete "AS 1940-2004," and insert:
AS 1940:2017,

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30.     Regulation 51 amended

In regulation 51(2) delete "from an above ground container or plant at a dangerous goods site," and insert:

from an area of the site where the goods are stored or handled,

31.     Regulation 76B amended

(1)	In regulation 76B(5) in the Penalty delete "Penalty" and insert:
Penalty for this subregulation:
(2)	In regulation 76B(6) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
(3)	Delete regulation 76B(7) and insert:
(7) The operator of the site must ensure that the fire station or the office of the FES Department nearest the site has a copy of the current agreed FES emergency response

guide for the site.

Penalty for this subregulation: a level 1 fine.

32. Regulation 77 deleted
Delete regulation 77.

33.     Regulation 79 amended

(1)	Delete regulation 79(1)(b).
(2)	In regulation 79(1) in the Penalty delete "Penalty:- and insert:
Penalty for this subregulation:
(3)	Delete regulation 79(2) and insert:
(2) Subregulation (1) does not apply in relation to

dangerous goods that are —

(a)	dangerous goods in transit; or
(b)	dangerous goods in containers that are not

required to be labelled under the ADG Code; or

(c) dangerous goods supplied to a retailer or retail

warehouse operator in unopened consumer

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containers holding less than 30 kg or L of the

dangerous goods.

(4)	In regulation 79(3) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
(5)	In regulation 79(4) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
34.	Regulation 136 deleted Delete regulation 136.
35.	Regulation 140 amended In regulation 140(2) in the Table delete "r. 89(3)".

N. HAGLEY, Clerk of the Executive Council.