Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Amendment Regulations (No. 2) 2015 (WA)

17 November 2015 GOVERNMENT GAZETTE, WA 4695

MINERALS AND PETROLEUM

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

(No. 2) 2015.

Al 13301*

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Road and Rail

Transport of Non-explosives) Amendment

Regulations (No. 2) 2015

Made by the Governor in Executive Council.

1.            Citation

4696 GOVERNMENT GAZETTE, WA 17 November 2015

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 January 2016.

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 definition ofADG Code.
(2)	In regulation 4 insert in alphabetical order:

ADG Code means the Australian Code for the
Transport of Dangerous Goods by Road and Rail (also
called the Australian Dangerous Goods Code)
published by the National Transport Commission,
Edition 7.4 (ISBN 978-1-921604-69-0), as in effect on
1 January 2016, including (for the avoidance of doubt)
its appendices;
driver licensing authority means an Australian driver
licensing authority as defined in the Road Traffic
(Authorisation to Drive) Act 2008 section 3(1);
driving licences register means a register kept by the
driver licensing authority of a State or Territory that
records information about driver licences granted under
a law of that State or Territory;
provisional licence has the meaning given in the Road

Traffic (Authorisation to Drive) Act 2008 section 3(1);

5. Regulation 35 amended
In regulation 35:

(a) in paragraph (a) delete "tubes and bundles" and insert:

tubes or bundles

(b) in paragraph (b) delete "cylinders and tubes." and insert:

cylinders or tubes.

6.           Regulation 112 amended

(1) At the end of regulation 112(1) insert:

Penalty for this subregulation: a fine of$10 000.

17 November 2() 15 GOVERNMENT GAZETTE, WA 4697

(2) At the end of regulation 112(2) insert:

Penalty for this subregulation: a fine of$10 000.

(3) At the end of regulation 112(3) insert:

Penalty for this subregulation: a fine of S 10 000.

(4)	In regulation 112(4) delete the Penalty.
(5)	After regulation 112(4) insert:
(5) 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.

Penalty for this subregulation: a fine of$10 000.

7.            Regulation 113 amended

(1) At the end of regulation 113(1) insert:

Penalty for this subregulation: a fine of $10 000.

(2) At the end of regulation 113 (2) insert:

Penalty for this subregulation: a fine of$10 000.

(3) At the end of regulation 113 (3) insert:

Penalty for this subregulation: a fine of $10 000.

(4)	In regulation 113(4) delete the Penalty.
(5)	After regulation 113(4) insert:
(5) 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 that the person knows, or ought

reasonably to know, is false or misleading in a material
particular.
Penalty for this subregulation: a fine of$10 000.

4698 GOVERNMENT GAZETTE, WA 17 November 2015

8.            Regulation 114 amended

(1) At the end of regulation 114(1) insert:

Penalty for this subregulation: a fine of S 10 000.

(2) At the end of regulation 114(2) insert:

Penalty for this subregulation: a fine of$10 000.

(3) At the end of regulation 114(3) insert:

Penalty for this subregulation: a fine of$10 000.

(4)	In regulation 114(4) delete the Penalty.
(5)	After regulation 114(4) insert:
(5) 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 ought reasonably to know, that the placarding is false or misleading in a material particular.

Penalty for this subregulation: a fine of S 10 000.

9.            Regulation 115 amended

(1) At the end of regulation 115 (1) insert:

Penalty for this subregulation: a fine of$10 000.

(2) At the end of regulation 115(2) insert:

Penalty for this subregulation: a fine of S 10 000.

(3) In regulation 115 (3) delete the Penalty and insert:

Penalty for this subregulation: a fine of$10 000.

17 November 2() 15 GOVERNMENT GAZETTE, WA 4699

(4) After regulation 115(3) insert:

(4) A person must not drive a road vehicle that is, or that

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 ought reasonably to know, that the placarding is false or misleading in a material particular.

Penalty for this subregulation: a fine of$10 000.

10.          Regulation 166 amended

(1) In regulation 166(2) delete "with the ADG Code Part 13." and
insert:

with -

(a)	the ADG Code Part 13; or
(b)	subregulations (3) and (4).

(2) In regulation 166(2) delete the Penalty and insert:

Penalty for this subregulation: a fine of S 1 500.

(3) After regulation 166(2) insert:

(3) For the purposes of subregulation (2)(b), the driver

may alert other road users of the hazard by

immediately placing and leaving on the road, in

accordance with subregulation (4), 3 portable warning
signs that comply with AS 3790-1992 (Portable
Warning Triangles for Motor Vehicles) published by
Standards Australia and that are in good order.

(4) The portable warning signs must be placed as

follows -

(a)	one sign must be placed in advance of the vehicle, one to the rear of the vehicle and one beside the vehicle on the side nearer to the centre of the road;
(b)	wherever practicable, the signs must be placed so that at least one sign is visible to an approaching driver at a distance of not less than 200m;

4700 GOVERNMENT GAZETTE, WA 17 November 2015

(c)

if the speed limit on the road is lower than rear of the vehicle must be placed at a distance of between 50 in and 150 in from the vehicle and the third sign must be placed at the side of the vehicle in such a position as to give reasonable warning to drivers approaching from either direction;

(d) if the speed limit on the road is 80 km/h or higher, the signs placed in advance and to the rear of the vehicle must be placed at a distance of between 200 in and 250 in from the vehicle and the third sign must be placed at the side of the vehicle in such a position as to give reasonable warning to drivers approaching from either direction.

11.          Regulation 218 amended

In regulation 218(l) delete "may apply to a licensing authority for a dangerous goods driver licence." and insert:

may apply to a licensing authority for a dangerous goods driver
licence if the person holds a driver licence (other than a
provisional licence).

12.          Regulation 219 amended

(1)	In regulation 219(1 )(a) delete "driver licences register" and insert:
driving licences register

(2)	In regulation 219(3)(a) delete "driver licences register" and insert:
driving licences register kept by the driver licensing authority

13.          Regulation 267A inserted

At the end of Part 19 Division 2 insert:

267A. Reference of determination, exemption or approval

to CAP for the purposes of mutual recognition

The Chief Officer may refer to CAP any determination, exemption or approval that has been made by a corresponding authority that the Chief Officer

17 November 2() 15 GOVERNMENT GAZETTE, WA 4701

considers to be a determination, exemption or approval
that should be given effect in all participating
jurisdictions, or participating jurisdictions including
this State, for the purposes of regulation 263, 264 or
265.

14.           Part 23 Division 4 inserted

At the end of Part 23 insert:

Division 4— Provision for Dangerous Goods Safety

(Road and Rail Transport of Non-explosives) Amendment

Regulations (No. 2)2015

285. Transitional provision for offence involving
compliance with ADG Code
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 31 December 2016; and

(c) with the ADG Code as it was defined in
regulation 4 immediately before the Dangerous
Goods Safety (Road and Rail Transport of the person transports the goods in accordance (No. 2)2015 regulation 4 came into operation.

15.           Schedule 1 amended

In Schedule 1 in the Table: 

(a) in item 22 delete "112" and insert:

112(1)

(b) after item 22 insert:

23A.	Regulation 112(2)	600	3 000
23B.	Regulation 112(3)	600	3000
23C.	Regulation 112(5)	600	3 000

N. HAGLEY, Clerk of the Executive Council.