Dangerous Goods Safety (Storage and Handling of Non-explosives) Amendment Regulations 2013 (WA)
2 December 2013 GOVERNMENT GAZETTE, WA 5517
Western Australia
Dangerous Goods Safety (Storage and Handling
of Non-explosives) Amendment
Regulations 2013
Contents
1. Citation
2. Commencement
3. Regulations amended
4. Regulation 3 deleted
5. Regulation 4 amended
6. Regulation 6 amended
7. Regulation 8 amended
8. Regulation 12A inserted
12A. Chief Officer may determine classification
of goods 4
9. Regulations 13A and 13B inserted
13A. Duties of manufacturer and importer as to
classification of goods 5
13B. Chief Officer may direct analysis of goods 5 10. Regulation 25 amended
11. Regulation 26 amended
12. Regulation 29 amended
13. Regulation 47 amended
14. Regulation 48 amended
15. Regulation 50 deleted
16. Regulation 73 replaced
73. Fire control equipment required on site 17. Regulation 74 amended
18. Regulation 75 replaced
75. Emergency plan required for some sites
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76A. Information for occupier of site adjacent to
dangerous goods site76B. FES emergency response guide required
for some sites19. Regulation 78 amended
20. Regulation 93 amended
21. Regulation 110 amended
22. Regulation 132 amended
23. Part 8A inserted
Part 8A — Dangerous goods in ports
Division 1 — Preliminary matters
134. Terms used 135A. Meaning of consignor 135B. Meaning of explosion risk goods Division 2 — Non-explosives in port areas
135C. Application of this Division 135D. Packaging and documentation
requirements for non-explosives135E. Master’s duties as to emergency plan for vessel
135F. Berth operator’s duties as to emergency plan for berth 135G. Berth operator’s duty to minimise time dangerous goods kept at berth Division 3 — Explosion risk goods in port areas
135H. When special berth (non-explosives)
required135I. Applying for declaration of special berth
(non-explosives)135J. Content of risk assessment and
implementation plan135K. Dealing with application under r. 135I 135L. Explosion risk goods not to be in loose
form135M. Ammonium nitrate (UN 1942 and 2067)
not to be imported, consigned or handled
without evidence of analysis and testing135N. Master’s duties 135O. Berth operator’s duties 135P. Berth operator to give Chief Officer report
after handling explosion risk goods24. Regulation 139 amended
25. Schedule 2 deleted
26. Schedule 5 Division 1 amended
27. Schedule 6 Divisions 3 and 4 inserted
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Contents
Division 3 — Provisions relating to Dangerous
Goods Safety (Storage and Handling of
Non-explosives) Amendment
Regulations 20136. Term used: commencement day
7. Emergency plans
8. Special risk plans deemed FES emergency response guides
9. Deferral of licensing requirement for area
Division 4 — Provisions relating to Dangerous
Goods Safety (Goods in Ports) Repeal
Regulations 201310. Term used: commencement day
11. Special berth declarations
12. Application of Part 8A to certain cargoes
2 December 2013 GOVERNMENT GAZETTE, WA 5521
Dangerous Goods Safety Act 2004
Dangerous Goods Safety (Storage and Handling
of Non-explosives) Amendment
Regulations 2013
Made by the Governor in Executive Council.
1. Citation
These regulations are the Dangerous Goods Safety (Storage and
Handling of Non-explosives) Amendment Regulations 2013.
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 2014.
3. Regulations amended
These regulations amend the Dangerous Goods Safety (Storage
and Handling of Non-explosives) Regulations 2007.
4. Regulation 3 deleted
Delete regulation 3.
5. Regulation 4 amended
(1) In regulation 4 delete the definition of UNTC. (2) In regulation 4 insert in alphabetical order:
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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);
UNTC means the Recommendations on the Transport
of Dangerous Goods, Manual of Tests and Criteria,
Fifth revised edition, published by the United Nations(ISBN 978-92-1-139135-0).
(3) In regulation 4 in the definition of petrol station before “vehicles” (each occurrence) insert: road (4) In regulation 4 in the definition of rural dangerous goods
location delete paragraphs (e) and (f) and insert:
(e) aquacultural, floricultural, horticultural or
at which dangerous goods used for agricultural, supplied to others;
(5) In regulation 4 in the definition of UN Number delete “under
the UNTC shown”.6. Regulation 6 amended
Delete regulation 6(a) and (b) and insert:
(a)
dangerous goods while they are being transported by a road vehicle on a road or other place over which vehicles move, whether on private property or not, that is open to, or used
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by, the public, whether on payment of
consideration or not; or
(b) dangerous goods while they are being transported by rail other than on —
(i) a slipway; or
(ii) a railway used exclusively by a crane;
or
7. Regulation 8 amended
(1) In regulation 8(2):
(a) delete “(5) and (6),” and insert: (5), (6) and (7),
(b) in paragraph (c) delete “liquid; or” and insert: liquid.
(c) delete paragraph (d).
(2) Delete regulation 8(6) and insert:
(6) Hay, straw and bhusa are not dangerous goods for the
purposes of these regulations.(7) Despite subregulation (4), sulphur in any form is
dangerous goods for the purposes of these regulations.
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8. Regulation 12A inserted
After regulation 11 insert:
12A. Chief Officer may determine classification of goods (1) In this regulation —
goods means any substance or article.
(2)
Subject to subregulation (4), the Chief Officer may, for the purposes of these regulations, determine that goods
are or are not — (a) dangerous goods; or
(b)
dangerous goods of a particular class or division; or
(c)
dangerous goods that have a particular subsidiary risk; or
(d)
dangerous goods of a particular packing group; or
(e) incompatible with particular dangerous goods.
(3)
Subject to subregulation (4), the Chief Officer may, for the purposes of these regulations, determine that goods meet the description, and criteria, that apply to goods
of a particular UN Number. (4) The Chief Officer may determine that goods are
dangerous goods for the purposes of these regulations
only if the goods are dangerous goods for the purposes
of the definition of dangerous goods in section 3(1) of
the Act.(5)
If goods cease to be dangerous goods for the purposes of the definition of dangerous goods in section 3(1) of the Act, a determination made under
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subregulation (2)(a) that the goods are dangerous goods
ceases to be in effect in respect of the goods.9. Regulations 13A and 13B inserted
At the beginning of Part 3 Division 1 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 any goods must not supply them to another person unless —
(a)
it has been determined whether they are dangerous goods; and
(b)
if they are dangerous goods, they have been classified in accordance with the ADG Code.
Penalty: a level 1 fine.
(3) A person who imports any goods into the State from
outside Australia must not supply them to anotherperson unless —
(a)
it has been determined whether they are dangerous goods; and
(b)
if they are dangerous goods, they have been classified in accordance with the IMDG Code.
Penalty: a level 1 fine.
13B. Chief Officer may direct analysis of goods (1) In this regulation —
goods means any substance or article.
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(2) If the Chief Officer has reasonable grounds to suspect any goods — (a) are dangerous goods; and
(b)
have not been classified in accordance with the ADG Code or the IMDG Code,
he or she may give the person who manufactured the
goods or imported them into the State a writtendirection that complies with subregulation (3).
(3) The direction must direct the recipient —
(a) to analyse and test the goods to do either or both of the following (as specified in the direction) —
(i) to determine whether they are dangerous goods;
(ii) if they are dangerous goods, to classify them in accordance with the ADG Code or the IMDG Code (as specified in the
direction);
and
(b)
to give the Chief Officer a written report of the results of the analysis and test on or before a date specified in the direction.
(4) The direction may include any or all of the following in relation to the goods —
(a) the method, procedure or test to be used to analyse and test the goods; (b) the person, or class of person, by whom the goods must be analysed or tested; (c) any other matter the Chief Officer considers is reasonably necessary to ensure —
(i) it is accurately determined whether the goods are dangerous goods; and
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(ii) if the goods are dangerous goods, they are accurately classified in accordance with the ADG Code or the IMDG Code;
(d) a direction that the recipient must not sell or supply the goods until the Chief Officer has been given the report of the results of the analysis and test.
(5) The Chief Officer, in writing, may amend or cancel the
direction.(6) A person given a direction under this regulation must
obey it.Penalty: a level 1 fine.
10. Regulation 25 amended
(1) In regulation 25(1A) delete the definition of handle. (2) After regulation 25(3)(a) insert:
(ba) the dangerous goods are not manufactured or
processed on the site; and
(3) In regulation 25(6):
(a) delete “that exceed the manifest quantity in an item of Schedule 1”;
(b) delete paragraph (a)(ii) and insert:
(ii) dangerous goods that cannot be
contain only residual amounts of the draining or decanting them;
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(4) After regulation 25(7) insert:
(8) Subregulations (2), (3), (5), (6) and (7) do not apply to a dangerous goods site within a port area as defined in regulation 134. 11. Regulation 26 amended
(1) In regulation 26(2):
(a) delete paragraphs (b) and (c) and insert:
(b)
the risk assessment that would be required by regulation 48 for the site if it were licensed; and
(c)
the manifest, and the dangerous goods site plan, that would be required by regulation 78 for the site if it were licensed; and
(b) delete paragraph (e) and insert:
(e) unless a fee would be payable under the Dangerous Goods Safety (Major Hazard
Facilities) Regulations 2007 regulation 34 in respect of the site if the licence were granted, the annual fee for the first year of the licence; and
(f)
if the application is not accompanied by a certificate issued under subregulation (3), a checking fee equal to the amount (if any) required to be paid under paragraph (e).
(2) Delete regulation 26(3) and insert:
(3) In addition to any document that is required to
accompany the application, it may be accompanied by
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a certificate that complies with subregulation (4) and is
signed by a person approved by the Chief Officer.
(4) A certificate given by a person under subregulation (3) must certify that the person —
(a) has read the application; and (b)
is satisfied the application complies with subregulation (2); and
(c) has read the risk assessment; and (d) is satisfied the risk assessment —
(i) identifies all the risks to people, to the dangerous goods that would be on the site to which the licence would relate; and
(ii) identifies all reasonably practicable
measures to minimise those risks;
and
(e) is satisfied the manifest complies with Schedule 3 Division 2; and (f) is satisfied the dangerous goods site plan complies with Schedule 3 Division 3.
12. Regulation 29 amended
(1) In regulation 29(3):
(a) in paragraph (a) delete the passage that begins with “a written” and ends with “site; and” and insert: the revised risk assessment that would be required by regulation 48 for the site if the licence were amended; and
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(b) in paragraph (c) delete “relates.” and insert: relates; and
(c) after paragraph (c) insert:
(d)
if the application is not accompanied by a certificate given under subregulation (4B), a checking fee equal to the amount (if any) required to be paid under paragraph (c).
(2) After regulation 29(4A) insert: (4B) In addition to any document that is required to
accompany the application, it may be accompanied by
a certificate that complies with subregulation (4C) and
is signed by a person approved by the Chief Officer.(4C) A certificate given by a person under subregulation (4B) must certify that the person —
(a) has read the application; and (b)
is satisfied the application complies with subregulation (3); and
(c) has read the revised risk assessment; and (d) is satisfied the revised risk assessment —
(i) property and the environment in relation
to the dangerous goods that would be onidentifies all the risks to people, and
(ii) identifies all reasonably practicable
measures to minimise those risks.
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13. Regulation 47 amended
(1) Delete regulation 47(2) and insert:
(2) The register must record, in relation to each licence, this information —
(a) the name of the holder of the licence; (b) the date on which the licence was issued; (c)
the date (if any) on which the licence was renewed;
(d)
the date (if any) on which the licence was suspended;
(e)
the date (if any) on which the licence was cancelled.
(3A)
The register may record any other information relevant to a licence holder or to the issue, amendment, renewal, suspension or cancellation of a licence that the Chief
Officer thinks fit. (2) After regulation 47(4) insert:
(5) The Chief Officer must ensure the information listed in
subregulation (2) and recorded in the register is
accessible to the public during normal office hours.14. Regulation 48 amended
(1) Delete regulation 48(1). (2) In regulation 48(2) after “The operator” insert: of a dangerous goods site
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15. Regulation 50 deleted
Delete regulation 50.
16. Regulation 73 replaced
Delete regulation 73 and insert:
73. Fire control equipment required on site
(1)
The operator of a dangerous goods site must ensure there is adequate fire control equipment on the site.
Penalty: a level 1 fine. (2)
For the purposes of subregulation (1), fire control equipment is not adequate fire control equipment
unless —
(a) it is designed and constructed either to automatically extinguish or to be capable, when used by a person, of extinguishing any fire that is reasonably foreseeable at the site having regard to —
(i) the types and quantities of dangerous goods on the site; and
(ii) the conditions under which they are handled on the site; and
(iii) any materials and other substances on the site;
and (b) it is designed and constructed to prevent dangerous goods on the site from being affected by any such fire; and (c) the equipment it uses to extinguish any such be used immediately without adaptation or
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modification, by any fire brigade under the
control of the FES Commissioner; and
(d)
each substance it uses to extinguish any such fire is compatible with the material that is on fire.
(3)
The operator of a dangerous goods site must ensure the fire control equipment on the site is in proper working order.
Penalty: a level 1 fine. (4) For the purposes of subregulation (3), fire control equipment is not in proper working order unless —
(a)
it is installed, maintained and tested in accordance with the instructions of its designer and manufacturer; and
(b) it is always in working order; and (c)
it is always available for immediate use to extinguish a fire; and
(d)
it is not obstructed or otherwise positioned in a manner that hinders its operation or access to it or use of it.
(5)
If any fire control equipment on a dangerous goods site stops working or becomes unusable, the operator of the
site must ensure that —
(a)
the implications of the equipment being inoperative or unusable are assessed; and
(b)
alternative measures are taken to control, to the same level of effectiveness, the risks that were controlled by the equipment when functioning fully; and
(c)
the equipment is replaced or returned to full operation as soon as practicable.
Penalty: a level 1 fine.
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(6) If the implications assessed by the operator under
subregulation (5)(a) include a significant reduction in
the effectiveness of the fire control equipment, the
operator must notify the FES Commissioner of the fact
as soon as practicable after the equipment stops
working or becomes unusable.Penalty: a level 2 fine. (7) In determining the alternative measures required under
subregulation (5)(b) the operator must have regard tothe need for —
(a) the provision of alternative fire control equipment; and (b) a reduction of the quantities of dangerous goods on the site; and (c) the storing or handling of dangerous goods to stop or be limited; and (d) modifications to systems of work.
17. Regulation 74 amended
In regulation 74 delete “protection system” and insert:
control equipment
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18. Regulation 75 replaced
Delete regulation 75 and insert:
75. Emergency plan required for some sites
(1) In this regulation —
emergency plan, for a dangerous goods site, means a
document that contains —
(a)
a plan of the actions to be taken and the procedures to be followed; and
(b) the information needed by people,
if a dangerous situation occurs on the site.
(2) This regulation applies to a dangerous goods site if
dangerous goods are stored or handled on the site in
quantities that exceed the manifest quantity in relation
to those goods.(3) The operator of the site must ensure there is an
emergency plan for the site.(4) The operator of the site may at any time revise the
emergency plan for the site.(5) The operator of the site must review the emergency plan for the site and, if necessary, revise it —
(a)
whenever there is a significant change in the risk in relation to dangerous goods on the site to people, property or the environment; and
(b)
whenever there is a significant change to the layout of or to any structure on the site; and
(c)
as soon as practicable after a dangerous situation occurs on the site; and
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(d) in any event, at intervals of not more than first prepared or last reviewed.
Penalty: a level 2 fine.
(6) The operator of the site must have a copy of the current
emergency plan for the site on the site.Penalty: a level 1 fine. (7)
The operator of the site, on request, must give a copy of the current emergency plan for the site to the Chief Officer, a DGO or the FES Commissioner.
Penalty: a level 3 fine. (8)
The Chief Officer, a DGO or the FES Commissioner, by a written notice, may direct the operator of the site to make such amendments to the current emergency
plan for the site as are specified in the notice before a
date specified in the notice.(9) An operator given a notice under subregulation (8)
must obey it.Penalty: a level 3 fine.
(10) A person who, under an emergency plan for a
dangerous goods site, has a function and who, without
a reasonable excuse, does not obey the emergency plan
commits an offence.Penalty: a level 2 fine. 76A. Information for occupier of site adjacent to
dangerous goods site
(1) This regulation applies to a dangerous goods site if
dangerous goods are stored or handled on the site in
quantities that exceed the manifest quantity in relation
to those goods.
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(2)
If the risk in relation to dangerous goods on the site to people, property or the environment were a dangerous situation to occur on the site would extend to a place
adjacent to the site, the operator of the site must ensure
the occupier of the place is given at least thefollowing —
(a)
information about the risk and what might happen if a dangerous situation occurs on the site;
(b)
information about what to do if a dangerous situation occurs on the site;
(c)
information about what the operator will do if a dangerous situation occurs on the site;
(d)
information to enable the occupier to contact the operator of the site.
Penalty: a level 2 fine.
76B. FES emergency response guide required for some
sites(1) In this regulation —
agreed FES emergency response guide, for a
dangerous goods site, means an FES emergency
response guide that has been prepared or revised by the
operator of the site in consultation with the officer in
charge of the fire station or of the office of the FESDepartment nearest the site;
FES emergency response guide, for a dangerous
goods site, means a document, in a form approved by
the FES Commissioner, that contains information
relevant to any fire brigade or other person under the
control of the FES Commissioner when dealing withany fire or dangerous situation that might occur on the
site, including information about the following —
(a) the operator of the site;
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(b) the layout of the site; (c) the construction of any structure on the site; (d) the dangerous goods on the site; (e)
the equipment and resources on the site to detect or deal with any such fire or dangerous situation.
(2) This regulation applies to a dangerous goods site if —
(a) the quantity of dangerous goods stored or handled on the site exceeds 10 times the manifest quantity in relation to those goods; and (b) the site is not — (i) a petrol station; or
(ii) a mine as defined in the Mines Safety and Inspection Act 1994 section 4(1).
(3) The operator of the site must ensure there is an agreed
FES emergency response guide for the site.(4)
The operator of the site may at any time revise the agreed FES emergency response guide for the site.
(5) The operator of the site must review the agreed FES
emergency response guide for the site and, ifnecessary, revise it —
(a)
whenever there is a significant change to the type or quantity of dangerous goods on the site; and
(b)
whenever there is a significant change to the layout of or to any structure on the site; and
(c)
as soon as practicable after a fire or dangerous situation occurs on the site; and
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(d) in any event, at intervals of not more than first prepared or last reviewed.
Penalty: a level 2 fine.
(6) The operator of the site must ensure the current agreed
FES emergency response guide for the site is on the
site.Penalty: a level 1 fine. (7) The operator of the site must ensure that — (a) the Chief Officer; and
(b)
the fire station or the office of the FES Department nearest the site,
have a copy of the current agreed FES emergency
response guide for the site.
Penalty: a level 1 fine.
19. Regulation 78 amended
In regulation 78(4)(a) delete “DGO,” and insert:
DGO and
20. Regulation 93 amended
Delete regulation 93(2) and insert:
(2) An applicant who does not obey such a request within
21 days after the date on which it is made, or any
longer period permitted by the Chief Officer, is taken
to have withdrawn the application.
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21. Regulation 110 amended
(1) Delete regulation 110(2) and insert:
(2) The register must record, in relation to each registration, this information —
(a) the name of the holder of the registration; (b) the date on which the registration was granted; (c)
the date (if any) on which the registration was renewed;
(d)
the date (if any) on which the registration was suspended;
(e)
the date (if any) on which the registration was cancelled.
(3A) The register may record any other information relevant
to a registration holder or to the issue, amendment,
renewal, suspension or cancellation of a registration
that the Chief Officer thinks fit.(2) After regulation 110(4) insert:
(5) The Chief Officer must ensure the information listed in
subregulation (2) and recorded in the register is
accessible to the public during normal office hours.22. Regulation 132 amended
Delete regulation 132(3)(d) and (e) and insert:
(d)
the location and proper use, fitting and maintenance of any personal protective
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equipment or safety equipment kept at the
location in accordance with regulation 129.23. Part 8A inserted
After regulation 133 insert:
Part 8A — Dangerous goods in ports
Division 1 — Preliminary matters
134. Terms used
In this Part, unless the contrary intention appears —
berth means a berth in a port area but does not include
any vessel moored at the berth;consignor, of dangerous goods, has the meaning given
in regulation 135A;explosion risk goods has the meaning given in
regulation 135B;handle, dangerous goods, means (despite section 3(1) of the Act) —
(a) to load them on to a vehicle or into a container; (b) to unload them from a vehicle or container; (c) to carry, move or transport them by any means; (d)
to store them while they await being so loaded, unloaded, carried, moved or transported;
harbour master —
(a) Port Authorities of a port subject to the of that Act;
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(b)
of a port subject to the Shipping and Pilotage Act 1967, has the meaning given in section 3 of that Act;
operator, of a berth, means the person who controls
and manages the operations at the berth;
port means —
(a)
a port as defined in the Port Authorities Act 1999 section 3(1); or
(b)
a port as defined in the Shipping and Pilotage Act 1967 section 3;
port area means the area associated with a port
being —
(a) if the port is subject to the Port Authorities Act 1999 — the area or areas described in
relation to the port under section 24 of that Act;
and(b) if the port is subject to the Shipping and Pilotage Act 1967 — the area bounded by the
limits specified in relation to the port under
section 10 of that Act;
special berth (non-explosives) means a berth that,
under regulation 135K, is declared to be a special berth(non-explosives);
vessel means anything, including a hovercraft, capable
of transporting people or things by water.
135A. Meaning of consignor For the purposes of these regulations, a person is the consignor of dangerous goods in a port area —
(a) if the person, with the person’s authority, is named or otherwise identified as the consignor of the goods in documentation associated with
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transporting the goods into or from the port
area; or
(b) if paragraph (a) does not apply to the person or anyone else — if the person —
(i) engages another person, either directly intermediary, to transport the goods into or from the port area; or
(ii) has possession of, or control over, the goods immediately before the goods are transported into or from the port area;
or
(c) if neither paragraph (a) nor (b) applies to the person or anyone else and the goods are being imported into Australia — if the person is the
importer.
135B. Meaning of explosion risk goods For the purposes of this Part, the dangerous goods
listed in the Table are explosion risk goods.Table
Dangerous goods UN No. Class Ammonium nitrate, with not more 1942 5.1 than 0.2% total combustible
material, including any organic
substance, calculated as carbon to
the exclusion of any other addedsubstance Ammonium nitrate based fertiliser 2067 5.1 Ammonium nitrate, liquid (hot 2426 5.1 concentrated solution)
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Dangerous goods UN No. Class Ammonium nitrate emulsion or 3375 5.1 suspension or gel, immediate for blasting explosives Calcium hypochlorite, dry or 1748 5.1 calcium hypochlorite mixture, dry,
with more than 39% availablechlorine (8.8% available oxygen) Calcium hypochlorite, dry with 2208 5.1 more than 10% but not more than 39% available chlorine Calcium hypochlorite, hydrated or 2880 5.1 calcium hypochlorite, hydrated
mixture, with not less than 5.5% butnot more than 16% water Calcium hypochlorite, dry, 3485 5.1 corrosive or calcium hypochlorite mixture, dry, corrosive with more than 39% available chlorine (8.8%
available oxygen) Calcium hypochlorite mixture, dry, 3486 5.1 corrosive with more than 10% but
not more than 39% availablechlorine Calcium hypochlorite, hydrated, 3487 5.1 corrosive or calcium hypochlorite,
hydrated mixture, corrosive with not
less than 5.5% but not more than16% water
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Division 2 — Non-explosives in port areas
135C. Application of this Division This Division applies to dangerous goods in a port
area, whether or not at a special berth (non-explosives).135D. Packaging and documentation requirements for
non-explosives(1) In this regulation —
ADG compliant has the meaning given in
subregulation (2);
designated ADG document, for dangerous goods,
means the dangerous goods transport document for thegoods that complies with the ADG Code Chapter 11.1;
designated IMDG documents, for dangerous goods,
means these documents —
(a)
the dangerous goods transport document that, under the IMDG Code, has to be signed by the consignor of the goods and to accompany the goods;
(b)
the container/vehicle packing certificate that, under the IMDG Code, has to be provided for the goods;
IMDG compliant has the meaning given in
subregulation (3).
(2) In this regulation, dangerous goods are ADG compliant if —
(a)
they are packed, marked, labelled and placarded in accordance with; and
(b) their packaging complies with,
the ADG Code.
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(3) In this regulation, dangerous goods are IMDG compliant if —
(a)
they are packed, marked, labelled and placarded in accordance with; and
(b) their packaging complies with,
those provisions of the IMDG Code that that Code says
are mandatory.
(4)
A person must not import dangerous goods into a port area by sea from within Australia unless the goods are ADG compliant or IMDG compliant.
Penalty: a level 1 fine. (5)
A person must not import dangerous goods into a port area by sea from within Australia unless the goods are accompanied by the designated ADG document, or the designated IMDG documents, for the goods.
Penalty: a level 1 fine. (6)
A person must not import dangerous goods into a port area by sea from outside Australia unless the goods are IMDG compliant.
Penalty: a level 1 fine. (7)
A person must not import dangerous goods into a port area by sea from outside Australia unless the goods are accompanied by the designated IMDG documents for
the goods. Penalty: a level 1 fine. (8) The consignor of dangerous goods in a port area for the
purposes of being transported by sea to a place within
Australia commits an offence if the goods are neither
ADG compliant nor IMDG compliant.Penalty: a level 1 fine.
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(9) The consignor of dangerous goods in a port area for the
purposes of being transported by sea to a place within
Australia commits an offence if the goods are not
accompanied by the designated ADG document, or the
designated IMDG documents, for the goods.Penalty: a level 1 fine.
(10)
The consignor of dangerous goods in a port area for the purposes of being transported by sea to a place outside Australia commits an offence if the goods are not
IMDG compliant. Penalty: a level 1 fine. (11)
The consignor of dangerous goods in a port area for the purposes of being transported by sea to a place outside Australia commits an offence if the goods are not
accompanied by the designated IMDG documents. Penalty: a level 1 fine. 135E. Master’s duties as to emergency plan for vessel The master of a vessel transporting more than the
manifest quantity of dangerous goods must not take thevessel into a port area unless —
(a) there is on board a written emergency plan for dealing with any dangerous situation involving the goods that arises on the vessel while the vessel is in the port area; and
(b)
the vessel has adequate crew and equipment to carry out the plan should the need to do so arise; and
(c)
the master has consulted the harbour master of the port about the management of any emergency that might arise from handling or transporting the goods in the port area.
Penalty: a level 1 fine and imprisonment for
10 months.
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135F. Berth operator’s duties as to emergency plan for berth
(1) This regulation applies to a berth for which
regulation 75 requires that the berth operator have an
emergency plan.(2)
The berth operator of a berth to which this regulation applies must not handle dangerous goods at the berth
unless —
(a) the berth operator has given the harbour master of the port a copy of the emergency plan for the berth required by regulation 75; and (b)
the harbour master has agreed to the plan. Penalty: a level 1 fine and imprisonment for
10 months.
135G. Berth operator’s duty to minimise time dangerous goods kept at berth
(1)
This regulation applies when dangerous goods are unloaded from or loaded on to a vessel at a berth.
(2) The operator of the berth must ensure that any handling
of the dangerous goods at the berth is completed as
soon as practicable after the vessel berths at the berth
or the dangerous goods arrive on the berth.Penalty: a level 1 fine and imprisonment for
10 months.
(3) The operator of the berth must ensure that the vessel
does not remain at the berth for any longer than is
reasonably necessary to complete any handling of the
dangerous goods.Penalty: a level 1 fine and imprisonment for 10 months.
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Division 3 — Explosion risk goods in port areas
135H. When special berth (non-explosives) required
(1) If a vessel carrying more than 1 030 tonnes of
explosion risk goods is moored at a berth that is not a
special berth (non-explosives), the operator of the berth
commits an offence.Penalty: a level 1 fine. (2) If 30 tonnes or more of explosion risk goods are
unloaded from or loaded on to a vessel at a berth that is
not a special berth (non-explosives), the operator of the
berth commits an offence.Penalty: a level 1 fine. (3)
If 30 tonnes or more of explosion risk goods are on a berth that is not a special berth (non-explosives), the operator of the berth commits an offence.
Penalty: a level 1 fine.
135I. Applying for declaration of special berth
(non-explosives)
(1) Only these persons may apply for a berth to be declared a special berth (non-explosives) —
(a) the harbour master of the port; (b) the operator of the berth.
(2) An application for a berth to be declared a special berth (non-explosives) must —
(a) be made to the Chief Officer; and (b) be in an approved form; and (c) specify the following —
(i) the name of the berth operator;
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(ii) the location and dimensions of the berth;
(iii) the UN Number and proper shipping name of the explosion risk goods that will be handled at the berth;
(iv) the maximum quantity of the explosion risk goods that will be at the berth and on any vessel at the berth, including any such goods on board that are not handled while the vessel is at the berth;
(v) the maximum quantity of the explosion risk goods that will be handled at the berth in respect of any one vessel;
(vi) any other matter required by the approved form;
and (d) be signed by the applicant; and (e) be accompanied by the following — (i) an aerial photo of the berth and its surroundings on which are marked concentric circles with radii of 500 m,
1 000 m and 2 000 m from the centre of
the berth;(ii) a risk assessment for the berth that complies with regulation 135J(1);
(iii) an implementation plan that complies with regulation 135J(2);
(iv) an emergency plan that complies with regulation 75;
(v) a fee of $3 900.
(3) One application may specify more than one kind of
explosion risk goods.
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135J. Content of risk assessment and implementation
plan
(1) For the purposes of regulation 135I(2)(e)(ii), a risk assessment for a berth is a document that —
(a) is in a form acceptable to the Chief Officer; and (b) identifies all hazards relating to the explosion risk goods specified in the application and to handling them at the berth; and (c) for each hazard, assesses — (i) the probability of the hazard causing a fire or explosion; and
(ii) the nature and extent of the harm to people, property and the environment that is likely to result from any such fire or explosion;
and
(d) for each hazard, identifies the measures that will eliminate or, if it is not reasonably practicable to eliminate, that will reduce so far as is reasonably practicable —
(i) the probability of the hazard causing a fire or explosion; and
(ii) the harm to people, property and the environment that is likely to result from any such fire or explosion;
and
(e)
records the method of reasoning used to determine the matters referred to in paragraphs (b) to (d); and
(f)
contains the information listed in, and addresses, the items listed in AS 3846 clause 6.5.2.
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(2) For the purposes of regulation 135I(2)(e)(iii), an implementation plan must —
(a)
state which measures in the risk assessment have been taken at the time the application is made; and
(b)
state which such measures have not been taken and when they will be taken; and
(c)
state the procedures that will be followed by people when handling the explosion risk goods at the berth.
135K. Dealing with application under r. 135I
(1) Any decision made by the Chief Officer under this
regulation must be in writing.(2) The Chief Officer may ask a person who has made an
application under regulation 135I for more information
to enable the Chief Officer to decide it and may delay
deciding it until the information is supplied.(3) A person who does not obey such a request within
21 days after the date on which it is made, or any
longer period permitted by the Chief Officer, is taken
to have withdrawn the application and is entitled to a
refund of the fee.(4)
On an application made under regulation 135I, the Chief Officer may declare the berth to be a special berth (non-explosives) for a period, not over 5 years,
specified in the declaration. (5) Without limiting the matters the Chief Officer may
consider before making a declaration under
subregulation (4), he or she must not make adeclaration unless he or she has considered —
(a)
the adequacy of the risk assessment accompanying the application; and
(b) the items listed in AS 3846 clause 6.5.2.
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(6) A declaration made under subregulation (4) must specify the following —
(a) the name of the berth operator; (b) the berth to which it applies; (c)
the UN Number and proper shipping name of the explosion risk goods that can be handled at the berth.
(7) A declaration made under subregulation (4) may
specify more than one kind of explosion risk goods.(8) A declaration made under subregulation (4) may
specify any of these requirements that the Chief Officer
considers necessary to ensure the explosion risk goods
are handled safely at the special berth(non-explosives) —
(a)
the maximum quantity of the explosion risk goods that are permitted to be on any vessel at the berth, including any such goods on board that are not handled while the vessel is at the berth;
(b)
the maximum quantity of the explosion risk goods that are permitted to be handled at the berth in respect of any one vessel;
(c)
any requirements that must be obeyed when the explosion risk goods are handled at the berth.
(9) The Chief Officer at any time may amend or cancel a
declaration made under subregulation (4).
(10) If the Chief Officer — (a) refuses an application; or
(b)
makes a declaration that includes a requirement,
he or she must give reasons for the decision.
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135L. Explosion risk goods not to be in loose form
(1)
For the purposes of this regulation, explosion risk goods are in a loose form if they are to be handled while they are not in a container that itself can be loaded on to or unloaded from a vehicle.
(2) The consignor of explosion risk goods in a port area for
transport by sea commits an offence if the goods are
consigned in a loose form.Penalty: a level 1 fine. (3) A person who imports explosion risk goods into a port
area by sea commits an offence if the goods are
imported in a loose form.Penalty: a level 1 fine. (4) The operator of a berth commits an offence if
explosion risk goods in a loose form are handled at the
berth.Penalty: a level 1 fine. (5) It is a defence to a charge of an offence under
subregulation (4) to prove the explosion risk goods
were in a loose form because they had spilled as a
result of a broken container.
135M. Ammonium nitrate (UN 1942 and 2067) not to be
imported, consigned or handled without evidence of
analysis and testing(1) In this regulation —
alleged, in relation to goods, means alleged in the
documents accompanying the goods;
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designated AN means these dangerous goods of
Division 5.1 —
(a)
ammonium nitrate, with not more than 0.2% total combustible material, including any organic substance, calculated as carbon to the exclusion of any other added substance;
(b) ammonium nitrate based fertiliser;
sufficient evidence has the meaning given in
subregulation (2).
(2) For the purposes of this regulation, evidence is not
sufficient evidence that goods are designated ANunless it includes these documents —
(a) written evidence that the goods have been chemically analysed; (b) written evidence of the analysis stating, as percentages, each constituent, including organic carbon, of the goods; (c) written evidence that the goods have undergone —
(i) the UN gap test, being test Type 2(a) in Test Series 2 described in section 12 of the UNTC, in accordance with that
section 12; or
(ii) a test, approved by the Chief Officer, as to whether the goods have explosive properties;
(d) written evidence of the result of the test; (e)
written evidence that the classification code of the goods has been assigned to them in accordance with the IMDG Code,
and the documents confirm the goods are
designated AN.
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(3)
A person must not import into a port area by sea 30 tonnes or more of goods that are alleged to be designated AN unless the goods are accompanied by
sufficient evidence that the goods are designated AN. Penalty: a level 1 fine and imprisonment for 10 months.
(4) If 30 tonnes or more of goods alleged to be designated
AN are unloaded from or loaded on to a vessel at a
berth, the operator of the berth commits an offence if
the goods are not accompanied by sufficient evidence
that the goods are designated AN.Penalty: a level 1 fine and imprisonment for 10 months.
(5)
If 30 tonnes or more of goods alleged to be designated AN are on a berth, the consignor of the goods commits an offence if the goods are not accompanied by
sufficient evidence that the goods are designated AN. Penalty: a level 1 fine and imprisonment for 10 months.
135N. Master’s duties
(1) This regulation applies when 30 tonnes or more of
explosion risk goods are unloaded from or loaded on to
a vessel at a berth.(2) The master of the vessel commits an offence if any of
the following occurs in relation to the unloading orloading —
(a) any of the requirements of AS 3846 clause 6.6.1(i) is contravened; (b) any of the requirements of AS 3846 contravened on board the vessel;
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(c)
any of the requirements of AS 3846 clause 6.6.2 is contravened.
Penalty: a level 1 fine and imprisonment for
10 months.
(3) The master of the vessel commits an offence if any of
the following occurs in relation to the unloading orloading —
(a)
any of the requirements of the IMDG Code clause 5.4.3 is contravened;
(b)
any of the requirements of the IMDG Code Chapter 7.1 is contravened;
(c)
any of the requirements of the IMDG Code Chapter 7.2 is contravened.
Penalty: a level 1 fine and imprisonment for
10 months.
135O. Berth operator’s duties
(1) In this regulation — damaged, in relation to a container, means damaged or
defective to the extent that the container is not safe to
use to transport explosion risk goods;hot work means any use of a welding device, or of a
tool or device that causes or might cause heat, sparks or
a flame.(2) This regulation applies when —
(a)
30 tonnes or more of explosion risk goods are unloaded from or loaded on to a vessel at a berth; or
(b)
30 tonnes or more of explosion risk goods are on a berth.
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(3) Subregulations (4), (5), (6), (10) and (11)(a) apply if a
vessel carrying more than 1 030 tonnes of explosion
risk goods is moored at a berth.(4) The operator of the berth commits an offence if any
requirement specified in a declaration made under
regulation 135K is contravened at the berth.Penalty: a level 1 fine and imprisonment for 10 months.
(5) The operator of the berth must ensure any handling of
the explosion risk goods at the berth is completed as
soon as practicable after the vessel berths at the berth
or the goods arrive on the berth.Penalty: a level 1 fine and imprisonment for 10 months.
(6) The operator of the berth must ensure the vessel does
not remain at the berth for any longer than is
reasonably necessary to complete any handling of the
explosion risk goods.Penalty: a level 1 fine and imprisonment for 10 months.
(7) The operator of the berth must not handle the explosion
risk goods at the berth unless the operator has written
procedures for controlling and managing the movement
of road and rail vehicles on the berth.Penalty: a level 1 fine and imprisonment for 10 months.
(8) The operator of the berth must not handle the explosion
risk goods at the berth unless the operator has written
procedures that state the maximum quantity of the
goods that can be on the berth at any one time.Penalty: a level 1 fine and imprisonment for 10 months.
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(9) The operator of the berth must ensure all people and
vehicles are excluded from the berth and from a
reasonable area surrounding the vessel other thanthese —
(a) any member of the vessel’s crew; (b) any person who has a statutory duty to fulfil in respect of the berth, the vessel, its cargo or the explosion risk goods; (c) any person whose presence is essential to the berth;
(d)
any person who is a member of an emergency service,
and any vehicle carrying such a person.
Penalty: a level 1 fine and imprisonment for
10 months.
(10) The operator of the berth must ensure signs prohibiting
hot work, smoking and the lighting of a flame or fire
are displayed prominently on the vessel and the berth.Penalty: a level 1 fine and imprisonment for 10 months.
(11) The operator of the berth commits an offence if any of the following occurs at the berth —
(a)
if a person on the berth does any hot work, smokes or lights a flame or fire;
(b)
if there are any other dangerous goods or any explosives on the berth;
(c)
if any substance that could contaminate the explosion risk goods, and any combustible dust or debris, is not cleaned from the berth before the explosion risk goods are handled;
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(d) if any damaged container containing the explosion risk goods is not removed from the berth as soon as practicable after the damage is discovered; (e) if any damaged container containing the explosion risk goods is removed from the berth for any purpose other than to enable the explosion risk goods to be —
(i) repackaged; or
(ii) dealt with in some other way so that the explosion risk goods can be safely handled;
(f)
if any spillage of the explosion risk goods is not cleaned up immediately;
(g)
if any of the explosion risk goods are on the berth after the handling of them is completed.
Penalty: a level 1 fine and imprisonment for
10 months.
(12) For the purposes of subregulation (11), the berth
includes the reasonable area surrounding the vessel
from which subregulation (9) requires that all people
(other than those specified in subregulation (9)(a) to
(d)) be excluded.135P. Berth operator to give Chief Officer report after
handling explosion risk goods
(1) This regulation applies if —
(a) explosion risk goods are handled at a special berth (non-explosives); and (b) before, during or after the explosion risk goods are handled, any of the following occurs —
(i) a failure to comply with this Part;
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(ii) a failure to comply with the procedures required by regulation 135O(7) and (8);
(iii) a failure to take a measure specified in the risk assessment required by regulation 135I(2)(e)(ii) for the berth.
(2) If this regulation applies then, within 14 days after the
explosion risk goods are handled at the special berth
(non-explosives), the operator of the berth must give
the Chief Officer a written report that complies with
subregulation (3).Penalty: a level 2 fine. (3) The report required by subregulation (2) must include the following —
(a) a description of the failure referred to in subregulation (1)(b) that gave rise to the report; (b) a statement of whether or not the failure resulted in any adverse consequences, and (if it did) a description of those consequences and what measures were, are being or will be taken to remedy them; (c) a description of what measures have been, are being or will be taken to ensure that the failure does not happen again; (d) if any measures of the kind referred to in paragraph (c) have not been taken, when those measures will be taken.
24. Regulation 139 amended
In regulation 139:
(a) in paragraph (c) delete “regulations.” and insert: regulations; or
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(b) after paragraph (c) insert:
(d) any certificate that may be given under these regulations.
25. Schedule 2 deleted
Delete Schedule 2.
26. Schedule 5 Division 1 amended
(1) In Schedule 5 Division 1 clause 1(1) delete “Tables to clauses 2 and 3,” and insert: Table to clause 2, (2) In Schedule 5 Division 1 delete clause 3.
27. Schedule 6 Divisions 3 and 4 inserted
After Schedule 6 Division 2 insert:
Division 3 — Provisions relating to Dangerous Goods Safety
(Storage and Handling of Non-explosives) Amendment
Regulations 2013
6. Term used: commencement day
In this Division —
commencement day means the day on which the Dangerous
Goods Safety (Storage and Handling of Non-explosives)
Amendment Regulations 2013, other than regulations 1 and 2, come into operation.
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7. Emergency plans
If, immediately before commencement day, the operator of a dangerous goods site has an emergency plan for the site that
complies with the Dangerous Goods Sites — Emergency
Planning code ISBN 978-1-921163-09-7 published by the Department, then on and after commencement day the plan is taken to be an emergency plan for the purposes of
regulation 75.
8. Special risk plans deemed FES emergency response guides
If, immediately before commencement day, the operator of a
dangerous goods site has a special risk plan prepared inaccordance with the Dangerous Goods Sites — Emergency
Planning code ISBN 978-1-921163-09-7 published by the Department, then on and after commencement day the plan is taken to be an agreed FES emergency response guide for the purposes of regulation 76B.
9. Deferral of licensing requirement for unlicensed dangerous goods site in port area
(1) If a dangerous goods site in a port area (as defined in
regulation 134) is not licensed under Part 4 immediately
before commencement day, regulation 25 does not apply to
the site until the day after the period of 6 months beginning
on commencement day.(2) Subclause (1) does not prevent the application for or grant
of a licence under Part 4 for such a dangerous goods site on
and after commencement day.
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Division 4 — Provisions relating to Dangerous Goods Safety
(Goods in Ports) Repeal Regulations 2013
10. Term used: commencement day
In this Division —
commencement day means the day on which the Dangerous
Goods Safety (Goods in Ports) Repeal Regulations 2013
regulation 3 comes into operation.
11. Special berth declarations
If, immediately before commencement day, a declaration
made under the Dangerous Goods Safety (Goods in Ports)
Regulations 2007 regulation 33 is in force in relation to aberth, then on and after commencement day —
(a) the declaration is taken to be a declaration made under regulation 135K(4) for the same period and with the same terms and requirements; and (b) the berth is taken to be a special berth (non-explosives) for the purposes of Part 8A.
12. Application of Part 8A to certain cargoes
(1) If a term is given a meaning in Part 8A, it has the same
meaning in this clause.(2) In this clause — threshold amount, of explosion risk goods, means —
(a) if the goods are in — (i) a freight container (as defined in the
Dangerous Goods Safety (Road and Rail
Transport of Non-explosives)Regulations 2007 regulation 4); or
(ii) a portable tank (as defined in that regulation); or
(iii) a combination of those,
400 tonnes; or
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(b)
if the goods are in an IBC (as defined in regulation 34 of those regulations), 150 tonnes.
(3) Regulations 135H(2) and (3), 135O(4), (7) and (8) and 135P
do not apply in the 6 months after commencement day if
30 tonnes or more of explosion risk goods but less than thethreshold amount of the goods are —
(a)
unloaded from or loaded on to a vessel at a berth that is not a special berth (non-explosives); or
(b)
at a berth that is not a special berth (non-explosives).
R. KENNEDY, Clerk of the Executive Council.
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