Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Amendment Regulations 2014 (WA)

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WESTERN	1929
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X	PRINT POST APPROVED PP665002/00041

PERTH, FRIDAY, 13 JUNE 2014 No. 86 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Road and Rail

Transport of Non-explosives) Amendment

Regulations 2014

Made by the Governor in Executive Council.
1. Citation

These regulations are the Dangerous Goods Safety (Road and
Rail Transport of Non-explosives) Amendment
Regulations 2014.

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 1 July 2014.

3. Regulations amended

These regulations amend the Dangerous Goods Safety (Road
and Rail Transport of Non-explosives) Regulations 2007.

4. Regulation 4 amended

(1) In regulation 4 delete the definitions of:
ADG Code
Australian Transport Council
ICAO approved
IMO approved

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Amendment Regulations 2014
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model subordinate law
placard load
transport unit

(2) In regulation 4 insert in alphabetical order:
ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail,
Seventh edition, 2007, published by the National
Transport Commission (ISBN 1 921168 57 9) (also
called the Australian Dangerous Goods Code)
including (for the avoidance of doubt) its appendices,
and incorporating the amendments set out in the
Transport of Dangerous Goods Laws Amendment
Package No. 2 Schedules 3 and 4 approved by the
Standing Council on Transport and Infrastructure on
15 November 2013;
cargo transport unit means —

(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;

ICAO approved means approved in accordance with
the ICAO Technical Instructions;
ICAO Technical Instructions means the Technical
Instructions for the Safe Transport of Dangerous
Goods by Air published by the International Civil
Aviation Organisation;

13 June 2014 GOVERNMENT GAZETTE, WA 1931
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IMDG Code means the IMDG Code, International
Maritime Dangerous Goods Code, 2012 Edition,
incorporating Amendment 36-12
(ISBN 978-92-801-1561-1);
IMO approved means approved in accordance with the
IMDG Code;
model subordinate law means the Model Subordinate Law on the Transport of Dangerous Goods by Road or Rail set out in Schedule 2 to the National Transport
Commission (Model Legislation — Transport of
Dangerous Goods by Road or Rail) Regulations 2007
(Commonwealth), as that Schedule is in force from
time to time;
placard load means a load that contains dangerous
goods and that must be placarded under regulation 110;
Standing Council on Transport and Infrastructure means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern
Territory Ministers, established on 11 June 1993 as the restructured as the Standing Council on Transport and Infrastructure, but constituted so that it consists of only one Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory;

(3) In regulation 4 in the definition of Competent Authorities Panel
delete paragraph (b) and insert:

(b)

is appointed by the Standing Council on Transport and Infrastructure;

1932 GOVERNMENT GAZETTE, WA 13 June 2014
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5. Regulation 12 amended

In regulation 12(2) delete “of dangerous goods” (1st occurrence)
and insert:
that contains dangerous goods

6. Regulation 13 amended
Delete regulation 13(a) and insert:

(a) that are in a consignment where the aggregate quantity of dangerous goods is less than the quantity for which an inner package is required by the ADG Code to be marked with a proper shipping name or the technical name of the substance (ADG Code 5.2.1.8); or

7. Regulation 14 amended
After regulation 14(1)(d) insert:

(da) handling fumigated cargo transport units;

8. Regulation 18 amended
In regulation 18(a) after “same” insert:
cargo

9. Regulation 37 deleted
Delete regulation 37.

13 June 2014 GOVERNMENT GAZETTE, WA 1933
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

r. 10

10. Regulation 38 amended
In regulation 38(a) and (b) before “transport unit” insert:
cargo

11. Regulation 106 amended

(1) In regulation 106(1) before “transport unit” insert:
cargo
(2) Delete regulation 106(3) and insert:

(3) An overpack is appropriately marked if it is marked
and labelled in accordance with —

(a) the ADG Code section 5.1.2; or
(b)
if the overpack is transported only as part of a section 7.3.3.

12. Regulation 107 amended

(1) In regulation 107 delete the penalty.
(2) After regulation 107(3) insert:

(3A) Subregulation (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 with respect to the contents of the
package.

1934 GOVERNMENT GAZETTE, WA 13 June 2014
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Amendment Regulations 2014
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(3B) A reference to a label in this regulation includes a
reference to a placard.
Penalty for an offence under this regulation:

(a) for large packaging or overpack — a fine of $5 000;
(b) in any other case — a fine of $1 500.

13. Regulation 108 amended

(1) In regulation 108 delete the penalty.
(2) After regulation 108(3) insert:

(4) Subregulation (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 with respect to the contents of the
package.
(5) A reference to a label in this regulation includes a
reference to a placard.

Penalty for an offence under this regulation:

(a) for large packaging or overpack — a fine of $5 000;
(b) in any other case — a fine of $1 500.
14. Regulation 109 amended

(1) In regulation 109 delete the penalty.
(2) After regulation 109(3) insert:

(4) Subregulation (3) does not apply if the marking or
labelling of the package complies with the

13 June 2014 GOVERNMENT GAZETTE, WA 1935
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Amendment Regulations 2014

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requirements of the ICAO Technical Instructions or the package.

(5) A reference to a label in this regulation includes a
reference to a placard.
Penalty for an offence under this regulation:

(a) for large packaging or overpack — a fine of $5 000;
(b) in any other case — a fine of $1 500.
15. Regulation 110 amended

In regulation 110(1) delete “of dangerous goods”
(1st occurrence) and insert:
that contains dangerous goods

16. Regulation 111 amended
In regulation 111(1) delete “of dangerous goods” and insert:
that contains dangerous goods

17. Regulation 112 amended

(1) In regulation 112(3) before “transport unit” insert:
cargo
(2) In regulation 112 delete the penalty.

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(3) After regulation 112(3) insert:

(4) Subregulation (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
with respect to the contents of the cargo transport unit.
Penalty for an offence under this regulation: a fine of
$10 000.

18. Regulation 113 amended

(1) In regulation 113 delete the penalty.
(2) After regulation 113(3) insert:

(4)

Subregulation (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code with respect
to the contents of the load.
Penalty for an offence under this regulation: a fine of
$10 000.

19. Regulation 114 amended

(1) In regulation 114(3) before “transport unit” (each occurrence)
insert:
cargo
(2) In regulation 114 delete the penalty.

13 June 2014 GOVERNMENT GAZETTE, WA 1937
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

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(3) After regulation 114(3) insert:

(4) Subregulation (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
with respect to the contents of the cargo transport unit.
Penalty for an offence under this regulation: a fine of
$10 000.

20. Regulation 115 amended
In regulation 115(3) before “transport unit” insert:
cargo

21. Regulation 126 amended

(1) In regulation 126(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2) In regulation 126(2):

(a) delete “of dangerous goods” and insert:
that contains dangerous goods

(b) before “transport unit” (each occurrence) insert:
cargo

1938 GOVERNMENT GAZETTE, WA 13 June 2014
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Amendment Regulations 2014
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22.           Regulation 127 amended

(1) In regulation 127(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2) In regulation 127(2) before “transport unit” (each occurrence)
insert:
cargo
23.           Regulation 128 amended

(1) In regulation 128(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2) In regulation 128(2) before “transport unit” insert:
cargo
24.           Regulation 129 amended

(1) In regulation 129(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2) In regulation 129(2) before “transport unit” insert:
cargo

13 June 2014 GOVERNMENT GAZETTE, WA 1939
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

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25. Regulation 130 amended
In regulation 130(1)(b) delete “of dangerous goods” and insert:
that contains dangerous goods but

26. Regulations 146 to 148 replaced
Delete regulations 146 to 148 and insert:
146. Duty on transferors

(1) A person who transfers dangerous goods by bulk
transfer must ensure that —

(a)

for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid, the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum
permitted filling ratio set out in the ADG Code
section 10.3.2;

(b)

in any other case, the ullage in the tank complies with the ADG Code section 10.3.1.

(1A) If —

(a)

a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A); and
(b) tank A is on, or part of, a vehicle; and

(c)

the person knows, or reasonably ought to know, that the vehicle —

(i)
is carrying dangerous goods in another tank A; or
(ii) is likely to carry dangerous goods in another tank, or in another compartment

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of tank A, before tank A is emptied of
the non-dangerous goods —
the person must ensure that the ullage in tank A in
respect of the non-dangerous goods complies with the
ADG Code section 10.3.1 as if the goods were
dangerous goods.
Penalty for an offence under this regulation: a fine of
$5 000.

147. Duty on prime contractors and rail operators

(1) A prime contractor or rail operator must not transport
dangerous goods in a tank if —

(a)

for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid, the quantity of the goods in the tank exceeds the maximum permitted filling ratio set out in the ADG Code section 10.3.2;

(b)

in any other case, the ullage in the tank does not comply with the ADG Code section 10.3.1.

(1A) If —

(a)

a prime contractor or rail operator uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods; and

(b)

at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A —

the prime contractor or rail operator must ensure that
the ullage in tank A in respect of the non-dangerous
goods complies with the ADG Code section 10.3.1 as if
the goods were dangerous goods.
Penalty for an offence under this regulation: a fine of
$5 000.

13 June 2014 GOVERNMENT GAZETTE, WA 1941
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

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148. Duty on drivers

(1) A person must not drive a road tank vehicle
transporting dangerous goods if the person knows, or
ought reasonably to know, that —

(a)

for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid, the quantity of the goods in the tank exceeds the maximum permitted filling ratio set out in the ADG Code section 10.3.2;

(b)

in any other case, the ullage in the tank does not comply with the ADG Code section 10.3.1.

(2) If —

(a)

a road vehicle contains in a tank (tank A) goods that are not dangerous goods; and

(b)

at the same time the vehicle contains dangerous goods in another tank or in another compartment of tank A —

a person must not drive the vehicle if the person
knows, or reasonably ought to know, that the ullage in
tank A in respect of the non-dangerous goods would
not comply with the ADG Code section 10.3.1 if the
goods in it were dangerous goods.
Penalty for an offence under this regulation: a fine of
$5 000.

1942 GOVERNMENT GAZETTE, WA 13 June 2014
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014
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27. Regulation 152 replaced
Delete regulation 152 and insert:
152. Duty on prime contractors

A prime contractor must ensure that a person does not
drive a road vehicle used by the prime contractor to
transport dangerous goods if —

(a)

the person has not been given transport documentation that complies with the ADG Code Chapter 1.1 for the goods; and

(b)

the documentation is not readily able to be located in the vehicle in accordance with the ADG Code Chapter 11.1.

Penalty: a fine of $5 000.

28. Regulation 154 amended
Delete regulation 154(1) and insert:

(1) The driver of a road vehicle transporting dangerous
goods —

(a)

must carry transport documentation for the goods; and

(b)

must ensure that the documentation is located in the vehicle in accordance with the ADG Code Chapter 11.1.

13 June 2014 GOVERNMENT GAZETTE, WA 1943
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

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29. Regulation 156A inserted
After regulation 155 insert:

156A. Prime contactor’s duties: retention of documents

(1) This regulation applies if these regulations or the ADG
Code require a prime contractor to create or use a
document in relation to the transport of dangerous
goods.

(2)

The prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime
contractor finishes.
Penalty: a fine of $5 000.
(3) It is not a failure to comply with subregulation (2) if —

(a) a document, or a copy of a document, is retained in a form other than paper; and
(b) a readily legible paper copy of the document or copy can be readily created at any time during the 3 months at the request of a DGO.

30. Regulation 159 amended
In regulation 159(1) before “transport unit” insert:
cargo

31. Regulation 167 amended

(1) In regulation 167 delete the penalty.

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(2) After regulation 167(2) insert:

(3) If the road vehicle is towed while still carrying
dangerous goods that would require the driver of the
vehicle to hold a dangerous goods driver licence, the
prime contractor must ensure that the driver of the tow
truck towing the vehicle —

(a)

holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods; or

(b)

is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods.

Penalty for an offence under this regulation: a fine of
$5 000.

32. Regulation 180 amended

In regulation 180(2)(c) delete “Australian Transport Council.”
and insert:
Standing Council on Transport and Infrastructure.

33. Regulation 190 amended

In regulation 190(1) delete “exemption” (1st occurrence) and
insert:
exemption, or an exemption that the Chief Officer has granted,

13 June 2014 GOVERNMENT GAZETTE, WA 1945
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

r. 34

34. Regulation 191 amended
In regulation 191(1)(a) delete “exemption” and insert:
exemption, or an exemption,

Note: The heading to amended regulation 191 is to read:

Effect of CAP decisions about exemptions

35. Regulation 204 amended

In regulation 204(1) delete “ approval” (1st occurrence) and
insert:
approval, or an approval that the Chief Officer has given,

36. Regulation 205 amended
In regulation 205(1)(a) delete “approval” and insert:
approval, or an approval,

Note: The heading to amended regulation 205 is to read:

Effect of CAP decisions about approvals

37. Part 17A inserted
After regulation 212 insert:
Part 17A — Determinations

213A. Reference of determinations to CAP

(1) The Chief Officer must refer an application for a
determination, or a determination that the Chief Officer

1946 GOVERNMENT GAZETTE, WA 13 June 2014
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Amendment Regulations 2014
r. 37
has made, to CAP if the Chief Officer considers that
the determination should have effect in all participating
jurisdictions or participating jurisdictions including this
State.

(2) The Chief Officer must refer to CAP a determination
having effect in this jurisdiction and one or more other
participating jurisdictions, if —

(a)

the Chief Officer considers that the determination should be revoked or varied; or

(b)

a corresponding authority recommends to the Chief Officer in writing that the determination should be revoked or varied.

213B. Effect of CAP decisions about determinations

(1) This regulation applies if —

(a)

an application for a determination, or a determination, is referred to CAP under regulation 213A(1); and
(b) CAP decides —

(i)
what the terms of the determination
should be, and that the determination
should have effect in all participating
that the determination should be made, jurisdictions including this State; or
(ii) that the determination should not have effect in this State.

(2) The Chief Officer must have regard to CAP’s decision.

13 June 2014 GOVERNMENT GAZETTE, WA 1947
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

r. 38

213C. Effect of CAP decisions about revoking or varying
determinations

(1) This regulation applies if —

(a) a determination is referred to CAP under regulation 213A(2); and
(b) CAP decides that the determination —
(i) should, or should not, be revoked; or

(ii)
decision is the same as the variation
proposed by the Chief Officer), and
should have effect as varied in all
participating jurisdictions or
should be varied (whether or not CAP’s State; or
(iii) should not be varied.

(2) The Chief Officer must have regard to CAP’s decision.
38. Regulation 215 amended

(1) In regulation 215(2) delete “subregulation (4),” and insert:
subregulations (4) and (5),
(2) After regulation 215(4) insert:

(5)

A road vehicle used to transport dangerous goods need not be licensed under this Part if a determination made under regulation 19 permits a road vehicle that is not
licensed under this Part to be used to transport the
particular dangerous goods.

1948 GOVERNMENT GAZETTE, WA 13 June 2014
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Amendment Regulations 2014
r. 39
39. Regulation 257 amended
Delete regulation 257(2) and insert:

(2) 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 subregulation (1).
Note: Under regulation 4, vehicle is defined as including a combination. It is
not the purpose of subregulation (2) to require insurance in respect of
each individual component of a combination being used in a
combination. In the case of a combination, subregulation (1) only
requires that there be insurance for the combination as a whole.

40. Regulation 258 amended
Delete regulation 258(2) and insert:

(2) 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 subregulation (1).
Note: Under regulation 4, vehicle is defined as including a combination. It is
not the purpose of subregulation (2) to require insurance in respect of
each individual component of a combination being used in a
combination. In the case of a combination, subregulation (1) only
requires that there be insurance for the combination as a whole.

13 June 2014 GOVERNMENT GAZETTE, WA 1949
Dangerous Goods Safety (Road and Rail Transport of Non-explosives)
Amendment Regulations 2014

r. 41

41. Part 23 Division 3 inserted
At the end of Part 23 insert:
Division 3 — Provision for Dangerous Goods Safety

(Road and Rail Transport of Non-explosives) Amendment
Regulations 2014

284. Transitional provision for offence involving compliance with ADG Code

A person does not commit an offence against the Act
or 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 before 1 July 2015; and
(c) the person transports the goods in accordance with the ADG Code as it was defined in regulation 4 immediately before the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Amendment Regulations 2014 regulation 4 came into operation.

42. Schedule 1 amended
In Schedule 1:

(a) delete item 35 and insert:

35. Regulation 146(1) 300 —

1950 GOVERNMENT GAZETTE, WA 13 June 2014
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Amendment Regulations 2014
r. 42

(b) after item 42 insert:

43A Regulation 156A(2) 300 1 500
N. HAGLEY, Clerk of the Executive Council.

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(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 July 2014.

(1)	In regulation 4 delete the definitions of:
*ADG Code* *Australian Transport Council* *ICAO approved* *IMO approved*

(a)	a road transport tank, or freight, vehicle; or
(b)	a railway transport tank, or freight, wagon; or

(1)	In regulation 107 delete the penalty.
(2)	After regulation 107(3) insert:
(3A)	Subregulation (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 with respect to the contents of the package.

(3B)	A reference to a label in this regulation includes a reference to a placard.
Penalty for an offence under this regulation:

(a)	for large packaging or overpack — a fine of $5 000;
(b)	in any other case — a fine of $1 500.

(1)	In regulation 112(3) before “transport unit” insert:
cargo
(2)	In regulation 112 delete the penalty.

(1)	In regulation 114(3) before “transport unit” (each occurrence) insert:
cargo
(2)	In regulation 114 delete the penalty.

(1)	In regulation 126(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2)	In regulation 126(2):

(1)	In regulation 127(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2)	In regulation 127(2) before “transport unit” (each occurrence) insert:
cargo

(1)	In regulation 128(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2)	In regulation 128(2) before “transport unit” insert:
cargo

(1)	In regulation 129(1) delete “of dangerous goods” and insert:
that contains dangerous goods and
(2)	In regulation 129(2) before “transport unit” insert:
cargo

(a)	for dangerous goods of UN Class 2 that are not in the form of a refrigerated liquid, the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum
permitted filling ratio set out in the ADG Code section 10.3.2;
(b)	in any other case, the ullage in the tank complies with the ADG Code section 10.3.1.

(a)	a person is engaged in the bulk transfer of goods that are not dangerous goods to a tank (*tank A*); and
(b)	tank A is on, or part of, a vehicle; and
(c)	the person knows, or reasonably ought to know, that the vehicle —

(a)	a prime contractor or rail operator uses a vehicle to transport a tank (*tank* A) containing goods that are not dangerous goods; and
(b)	at the same time uses the vehicle to also transport dangerous goods in another tank or in another compartment of tank A —

(a)	a road vehicle contains in a tank (*tank A*) goods that are not dangerous goods; and
(b)	at the same time the vehicle contains dangerous goods in another tank or in another compartment of tank A —

(a)	the person has not been given transport documentation that complies with the ADG Code Chapter 1.1 for the goods; and
(b)	the documentation is not readily able to be located in the vehicle in accordance with the ADG Code Chapter 11.1.

(a)	must carry transport documentation for the goods; and
(b)	must ensure that the documentation is located in the vehicle in accordance with the ADG Code Chapter 11.1.

(1)	This regulation applies if these regulations or the ADG Code require a prime contractor to create or use a document in relation to the transport of dangerous goods.
(2)	The prime contractor must retain the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime
contractor finishes.
Penalty: a fine of $5 000.
(3)	It is not a failure to comply with subregulation (2) if —

(a)	a document, or a copy of a document, is retained in a form other than paper; and
(b)	a readily legible paper copy of the document or copy can be readily created at any time during the 3 months at the request of a DGO.

(a)	holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods; or
(b)	is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise him or her to drive a vehicle with those dangerous goods.

(a)	the Chief Officer considers that the determination should be revoked or varied; or
(b)	a corresponding authority recommends to the Chief Officer in writing that the determination should be revoked or varied.

(a)	a determination is referred to CAP under regulation 213A(2); and
(b)	CAP decides that the determination —

(a)	the offence relates to non-compliance with the ADG Code; and
(b)	the transport takes place before 1 July 2015; and
(c)	the person transports the goods in accordance with the ADG Code as it was defined in regulation 4 immediately before the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Amendment Regulations 2014 regulation 4 came into operation.