Dangerous Goods Safety Regulations Amendment Regulations 2020 (WA)
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MINERALS AND PETROLEUM
MP301
Dangerous Goods Safety Act 2004
Dangerous Goods Safety Regulations
Amendment Regulations 2020
SL 2020/193
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Dangerous Goods Safety Regulations
Amendment Regulations 2020.
Regulations 2007. 2. Commencement
These regulations come into operation as follows —
(a)
Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation 10(2) — on 1 January 2021; (c)
the rest of the regulations — on the day after gazettal day.
Part 2 — Dangerous Goods Safety (General)
Regulations 2007 amended
3. Regulations amended This Part amends the Dangerous Goods Safety (General)
9 October 2020 GOVERNMENT GAZETTE, WA 3657 4. Regulation 3 amended
In regulation 3 in the definition of ADG Code delete
"Edition 7.4 (ISBN 978-1-921604-69-0), as in effect on
1 January 2016,".
Part 3 - Dangerous Goods Safety (Major Hazard
Facilities) Regulations 2007 amended
5. Regulations amended
This Part amends the Dangerous Goods Safety (Major Hazard
Facilities) Regulations 2007.6. Regulation 4 amended
In regulation 4 in the definition of ADG Code delete
"Edition 7.4 (ISBN 978-1-921604-69-0), as in effect on
1 January2016,".7. Regulation 10 amended
In regulation 1 0(5) delete "subsidiary risk" and insert:
subsidiaiy hazard
8. Schedule 1 amended
(1) In Schedule 1 clause 2 delete the definition of subsidiary risk. (2) In Schedule 1 clause 2 insert in alphabetical order:
subsidiary hazard for a substance means -
(a)
the subsidiary hazard assigned to the substance in the Dangerous Goods List column 4; or
(b) if the subsidiary hazard is not assigned as described using the relevant procedure referred to in the ADG Code.
(3)
In Schedule 1 Table 2 in the item relating to Compressed or liquefied gases delete "subsidiary risk" (each occurrence) and insert:
subsidiary hazard
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Part 4— Dangerous Goods Safety (Road and Rail
Transport of Non-explosives,) Regulations 2007
amended
9. Regulations amended
This Part amends the Dangerous Goods Safety (Road and Rail
Transport of Non-explosives) Regulations 2007.10. Regulation 4 amended
(1) In regulation 4 in the definition of ADG Code delete
"Edition 7.6 (ISBN 978-1-921604-69-0), as in effect on
1 July 2018,".(2) In regulation 4 in the definition of ADR approved delete
"European".(3) In regulation 4 in the definition of cargo transport unit
paragraphs (a) and (b) delete "tank, or freight," and insert:tank or freight 11. Regulation 50 replaced
Delete regulation 50 and insert:
50. Application of Part
This Part does not apply to dangerous goods that are -
(a) packed in limited quantities; or (b)
packed in excepted quantities within the meaning of regulation 106(6).
12. Regulation 53 amended
In regulation 53(1):
(a) in paragraph (f) delete "goods." and insert: goods; or
(b) after paragraph (1) insert:
(g) for goods purported to be packed in limited quantities - the packaging of the goods does not comply with the ADG Code Chapter 3.4; or (h) for goods purported to be packed in excepted regulation 106(6) - the packaging of the goods
9 October 2020 GOVERNMENT GAZETTE, WA 3659 does not comply with the ADG Code
Chapter 3.5.13. Regulation 61 amended
In regulation 61 (1) delete "Chapter 3.4." and insert:
Chapter 3.4 or 3.5.
14. Regulation 110 replaced
Delete regulation 110 and insert:
110. When loads must be placarded
(1) In this regulation - classification code has the meaning given in the Dangerous Goods Safety (Explosives)
Regulations 2007 regulation 3;specified goods means dangerous goods that are -
(a) packed in limited quantities; or (b) any of the following - fireworks that are bonbons, party
poppers or sparklers with a
classification code of 1 .4S;
domestic smoke detectors containing
radioactive material;
lighters or lighter refills containing
flammable gas;fire extinguishers containing
compressed or liquefied gas, up to a net mass of 23 kg; or
(c)
a combination of the dangerous goods referred to in paragraphs (a) and (b).
(2) 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 500 L; or
(ii) more than 500 kg of dangerous goods in a receptacle, other than an article;
or
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(b) it contains an aggregate quantity of dangerous
goods (other than specified goods) of 250 or
more and those goods include -(i) dangerous goods of UN Division 2.1 (other than aerosols); or
(ii) dangerous goods of UN Division 2.3; or
(iii) dangerous goods of Packing Group I;
or
(c)
it contains an aggregate quantity of dangerous goods (other than specified goods) of 1 000 or more; or
(d) it contains specified goods and either -
(i) the specified goods include an aggregate UN number from a single place of consignment; or
(ii) the total gross mass of the specified goods is 8 tonnes or more.
(3) A load that contains dangerous goods, but is not
required to be placarded under subregulation (2), must
be placarded if the load meets the following
conditions -
(a) the load contains a mixture of specified goods and other dangerous goods; (b) either of the following applies - (i) if the load contains dangerous goods referred to in subregulation (2)(b)(i) to (iii) - the aggregate quantity of those goods, plus 10% of the total gross
mass of the specified goods, is 250 or
more; (ii) otherwise - the aggregate quantity of dangerous goods that are not specified goods, plus 25% of the total gross mass
of the specified goods, is 1 000 or more.
Note for this regulation:
See the ADG Code Table 5.3.
15. Part 7 heading amended
In the heading to Part 7 delete "empty packaging" and insert:
nominally empty storage vessels
9 October 2020 GOVERNMENT GAZETTE, WA 3661 16. Regulation 120A replaced
Delete regulation 120A and insert:
120A. Term used: nominally emptN1 storage vessels
In this Part -
nominally empty storage vessels means nominally
empty tanks or hoppers described in the ADG Code
section 7.2.7.1.17. Regulation 121 amended
In regulation 121(2) delete "empty dangerous goods containers." and insert:
nominally empty storage vessels.
18. Regulation 122 amended
In regulation 122(2) delete "empty dangerous goods packaging for transport if the person knows, or ought reasonably to know, that the goods" and insert:
nominally empty storage vessels for transport if the person
knows, or ought reasonably to know, that the storage vessels19. Regulation 123 amended
In regulation 123(2) delete "empty dangerous goods packaging" and insert:
nominally empty storage vessels
20. Regulation 124 amended
In regulation 124(2) delete "empty dangerous goods packaging" and insert:
nominally empty storage vessels
21. Regulation 125 amended
In regulation 125(2) delete "empty dangerous goods packaging if the person knows, or ought reasonably to know, that the dangerous goods" and insert:
nominally empty storage vessels if the person knows, or ought
reasonably to know, that the storage vessels
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22. Part 11 Division 3 inserted
At the end of Part 11 insert:
Division 3— Dangerous goods packed in limited
quantities
162A. Duty on consignors A person must not consign dangerous goods that are
packed in limited quantities for transport unless the
person has provided the prime contractor with the
information required by the ADG Code
section 3.4.12.1 in the form required by that section.
Penalty: a fine of $3 000.162B. Duty on prime contractors A prime contractor who receives information under the
ADG Code section 3.4.12.1 must ensure that the
information is readily ascertainable during transport of
the dangerous goods.
Penalty: a fine of $5 000.162C. False or misleading information In providing information under the ADG Code
section 3.4.12.1, a person must not include information
that the person knows, or ought reasonably to know, is
false or misleading in a material particular.
Penalty: a fine of $10 000.23. Part 13 Division 2 heading replaced
Delete the heading to Part 13 Division 2 and insert:
Division 2 General precautions: duties on drivers 24. Part 13 Division 3 inserted
At the end of Part 13 insert:
Division 3— General precautions: duties on prime
contractors
174A. Parking
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a
9 October 2020 GOVERNMENT GAZETTE, WA 3663 public or private place except in accordance with the
ADG Code Part 13.Penalty: a fine of $3 000.
174B. Unloading
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with the ADG Code Part 13. Penalty: a fine of $10 000.
174C. Detaching trailer A prime contractor must not direct or induce the driver
of a road vehicle that has attached to it a trailer
transporting a placard load to detach the trailer or
permit it to be detached from the vehicle except in
accordance with the ADG Code Part 13.
Penalty: a fine of $10 000.1741). Road tank vehicle equipped with burner A prime contractor must not direct or induce the driver
of a road vehicle that is transporting a placard load, and
that is equipped with a burner to heat the load, to
operate the burner or permit it to be operated except in
accordance with the ADG Code Part 13.
Penalty: a fine of $10 000.
25. Part 22A inserted
After Part 22 insert:
Part 22A - Miscellaneous
272A. Exception for offence involving compliance with
ADG CodeA person does not commit an offence against these regulations in relation to the transport of dangerous goods by road or rail if—
(a)
the offence relates to non-compliance with the ADG Code; and
(b)
the transport takes place during the period of 12 months beginning on the day on which an amendment to the ADG Code takes effect; and
(c)
the person transports the goods in accordance with the ADG Code as in force immediately before that day.
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26. Part 23 Division 7 inserted
At the end of Part 23 insert:
Division 7— Provision for Dangerous Goods Safety
Regulations Amendment Regulations 2020
291. Transitional provision for offence involving
compliance with ADG Code(1) In this regulation -
commencement day means the day on which the
Dangerous Goods Safety Regulations Amendment
Regulations 2020 regulation 26 comes into operation.(2)
A person does not commit an offence against these regulations in relation to the transport of dangerous goods by road or rail if—
(a) the offence relates to non-compliance with the ADG Code; and (b) the transport takes place during the period that 30 September 2021; and
(c)
the person transports the goods in accordance with the ADG Code as it was defined in regulation 4 immediately before commencement day.
27. Schedule 1 amended
In Schedule 1:
(a) after item 49 insert:
49A. Regulation 162A 200 1 000 49B. Regulation 162B 300 1 500
(b) after item 59 insert:
59A. Regulation 174A 200 1 000 59B. Regulation 174B 600 3 000 59C. Regulation 174C 600 3 000 59D. Regulation 174D 600 3 000
9 October 2020 GOVERNMENT GAZETTE, WA 3665
Part 5 Dangerous Goods Safety (Security Sensitive A,n,,,oni,i,n Nitrate) Regulations 2007 amended
28. Regulations amended
This Part amends the Dangerous Goods Safety (Security
Sensitive Ammonium Nitrate) Regulations 2007.29. Regulation 3 amended
In regulation 3 in the definition of ADG Code delete
"Edition 7.4 (ISBN 978-1-921604-69-0), as in effect on
1 January 2016,".Part 6 - Dangerous Goods Safety (Storage and
Handling of Non-explosives) Regulations 2007 amended
30. Regulations amended
This Part amends the Dangerous Goods Safety (Storage and
Handling of Non-explosives) Regulations 2007.31. Regulation 4 amended
(1) In regulation 4 delete the definitions of: subsidiary risk
subsidiary risk label(2) In regulation 4 insert in alphabetical order: subsidiary hazard has the meaning given in
regulation 9;
subsidiary hazard label, in relation to dangerous
goods, means a label of a type specified in theADG Code for the subsidiary hazard of the dangerous
goods;
32. Various references to "subsidiary risk" amended
In the provisions listed in the Table:
(a) delete "subsidiary risk" (each occurrence) and insert: subsidiary hazard
(b) delete "subsidiary risk" and insert: subsidiary hazard
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Table
r. 4 def. of fire risk dangerous r. 4 def. of free from dangerous goods par. (b)(i) to (iv) goods par. (b)(i) r. 4 def. of lower explosive limit r. 9(1) and (2) r. 12A(2)(c) r. 21(1)(a) r. 57(1) def. of hazardous Sch. 4 cl. 3(2)(d) and (3)(a) and atmosphere par. (c) (b) Note: The heading to amended regulation 9 is to read:
Term used: subsidiary hazard
R. NEILSON, Clerk of the Executive Council.
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