Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021 (Vic)

Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021

S.R. No. 49/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Notification to Authority

7New regulations 66A, 66B, 66C and 66D inserted

8Authority to acknowledge notification

9Regulation 68 revoked

10New regulation 70 inserted

11Schedule 2—Quantities of dangerous goods

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Endnotes

STATUTORY RULES 2021

S.R. No. 49/2021

Dangerous Goods Act 1985

Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 25 May 2021

Responsible Minister:

INGRID STITT
Minister for Workplace Safety

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Dangerous Goods (Storage and Handling) Regulations 2012—

(a)to require additional information to be provided with a notification to the Authority under Part 5; and

(b)to increase the frequency of notifications to the Authority; and

(c)to require further notification to the Authority in specified circumstances.

2Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3Commencement

These Regulations come into operation on 1 July 2021.

4Principal Regulations

In these Regulations, the Dangerous Goods (Storage and Handling) Regulations 2012[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definitions—

'business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993;

notifiable goods means dangerous goods that are stored and handled in quantities that exceed the relevant quantities specified in the column headed "Manifest Quantity" in the table in Schedule 2;

UN Division, in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018[2];'.

6Notification to Authority

(1)For regulation 66(1) and (2) of the Principal Regulations substitute—

"(1)An occupier of premises where notifiable goods are present must ensure that the Authority is provided with a notification of the presence of those goods that complies with subregulation (2).

Note

Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act.

(2)A notification under subregulation (1) must—

(a)be given in a form and manner determined by the Authority in accordance with regulation 66D; and

(b)be given within 3 business days after the obligation under subregulation (1) arises; and

(c)include the following information—

(i)the name of the occupier;

(ii)the occupier's contact details;

(iii)the address of the premises;

(iv)the largest number of persons ordinarily present at the premises during operating hours;

(v)the periods of time during which the premises are ordinarily unattended (if any);

(vi)details of any licence issued to the occupier by the Environment Protection Authority, under the Environment Protection Act 1970 or the Environment Protection Act 2017, in relation to the premises;

(vii)the nature of the principal activities at the premises involving the notifiable goods;

(viii)for those notifiable goods that are stored and handled in bulk or as packaged dangerous goods—

(A)the maximum quantities for each of those goods that will be at the premises at any one time during the next 2 years; and

(B)any applicable UN Class, UN Division and Packing Group for those goods; and

(C)details of any C1 combustible liquids;

(ix)for those notifiable goods that are goods too dangerous to be transported—

(A)the product names of those goods; and

(B)the maximum quantities for each of those goods that will be at the premises at any one time during the next 2 years.".

(2)Regulation 66(3) of the Principal Regulations is revoked.

7New regulations 66A, 66B, 66C and 66D inserted

After regulation 66 of the Principal Regulations insert—

'66A   Further notification to Authority—periodic or following certain changes in circumstances

(1)An occupier of premises where notifiable goods are present must ensure that the Authority is provided with a further notification that complies with subregulation (2)—

(a)within 2 years of the most recent notification under regulation 66, 66C or this regulation; and

(b)within 3 business days after—

(i)the occupier's name or contact details have changed; or

(ii)a quantity of notifiable goods specified in the most recent notification under regulation 66, 66C or this regulation has increased by 20% or more; or

(iii)the nature of the principal activities involving the notifiable goods at the premises has changed; or

(iv)new plant has been introduced to the premises for use in connection with the storage and handling of the notifiable goods; or

(v)substantial modifications have been made to plant that is used for the storage and handling of the notifiable goods at the premises.

Notes

1Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act.

2For requirements relating to new notifiable goods at the premises—see regulation 66.

(2)A notification under subregulation (1) must—

(a)be given in a form and manner determined by the Authority in accordance with regulation 66D; and

(b)include the information set out in regulation 66(2)(c) that is current; and

(c)include the reason for notification under subregulation (1) and any further details (if applicable).

(3)This regulation does not apply in relation to a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017[3].

66BFurther notification to Authority—person ceases to be an occupier

(1)If a person ceases to be an occupier of premises where notifiable goods are present, the person must ensure that the Authority is notified of that change within 3 business days.

Note

Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act.

(2)A notification under subregulation (1) must be given in a form and manner determined by the Authority in accordance with regulation 66D.

66CFurther notification to Authority—decrease in quantity of dangerous goods

(1)An occupier of premises where notifiable goods are present must ensure that the Authority is notified within 3 business days after a quantity of notifiable goods specified in the most recent notification under regulation 66, 66A or this regulation—

(a)has decreased by 20% or more, but has not fallen below the relevant quantity specified in the column headed "Manifest Quantity" in the table in Schedule 2; or

(b)has fallen below the relevant quantity specified in the column headed "Manifest Quantity" in the table in Schedule 2.

Note

Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act.

(2)A notification under subregulation (1) must—

(a)be given in a form and manner determined by the Authority in accordance with regulation 66D; and

(b)include the information set out in regulation 66(2)(c) that is current; and

(c)include the reason for notification under subregulation (1) and any further details (if applicable).

(3)This regulation does not apply in relation to a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017.

66DAuthority to determine form and manner of notifications

(1)The Authority must determine the form and manner of a notification required under regulation 66, 66A, 66B or 66C.

(2)The Authority must publish the form for a notification under regulation 66, 66A, 66B or 66C on its website.'.

8Authority to acknowledge notification

(1)In regulation 67 of the Principal Regulations—

(a)after "66," insert "66A, 66B or 66C,";

(b)after "occupier" insert "of the premises or the person".

(2)At the end of regulation 67 of the Principal Regulations insert—

"(2)On receiving an acknowledgement under subregulation (1) that relates to a notification under regulation 66, 66A or 66C, an occupier must ensure that a copy of the acknowledgement is displayed at the premises until the occupier receives the next acknowledgement that relates to a notification under regulation 66, 66A or 66C.

Note

Contravention of this subregulation may constitute an offence for the purposes of sections 45 and 45A of the Act.".

9Regulation 68 revoked

Regulation 68 of the Principal Regulations is revoked.

10New regulation 70 inserted

After regulation 69 of the Principal Regulations insert—

"70   Continuing effect of notifications—Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021

(1)This regulation applies in relation to a notification under regulation 66 as in force immediately before 1 July 2021.

(2)The notification is taken to be a notification under regulation 66 for the period of 6 months from 1 July 2021 or until further notification is required under regulation 66A (whichever first occurs).".

11Schedule 2—Quantities of dangerous goods

In Schedule 2 to the Principal Regulations, for "45(1), 47, 48(1), 54(1), 55(1) and 66(1)" substitute "5, 45(1), 47, 48(1), 54(1), 55(1) and 66C(1)".

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Endnotes

[1] Reg. 4: S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015, 22/2017, 155/2018 and 140/2020.

[2] Reg. 5 def. of UN Division: S.R. No. 155/2018 as amended by S.R. No. 27/2021.

[3] Reg. 7: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020 and 8/2021.