Dangerous Goods (Storage and Handling) Regulations 2022 (Vic)

Version No. 002

Dangerous Goods (Storage and Handling) Regulations 2022

S.R. No. 115/2022

Version incorporating amendments as at

1 October 2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

6Application

7Incorporated and adopted documents

Part 2—Provisions applying generally

8Duties on more than one person

9Exemptions

10Determinations—classification etc. of certain dangerous goods

11Determination of quantity of dangerous goods

12Compliance with Occupational Health and Safety Regulations

Part 3—Duties of manufacturers and suppliers

Division 1—Determination of dangerous goods

13Determination of dangerous goods

Division 2—Packing, marking and labelling

14Packing—manufacturer and first supplier

15Marking and labelling—manufacturer and first supplier

Division 3—Suppliers generally

16Prohibitions on supply

17Regulation 16(a) and (b) does not apply to retailers

Division 4—Safety data sheets

18Division does not apply to C1 combustible liquids

19Preparation of SDS

20SDS under corresponding legislation

21Review and revision of SDS

22Supply of SDS

23Information to registered medical practitioner

Part 4—Duties of occupier

Division 1—Consultation, information and training

24Consultation

25Induction, information, training and supervision

Division 2—Hazard identification

26Identification of hazards

Division 3—General duty to control risk

27General duty to control risk

Division 4—Design

28Design of new premises, plant, processes and systems of work

Division 5—Workers and visitors

29Risk to persons engaged by the occupier

30Visitors to premises

31Security at premises

Division 6—Stability and interaction of dangerous goods

32Stability

33Isolation

34Interaction with other substances

35Interaction with other plant and processes

Division 7—Structures, plant and containers

36Structures and plant—condition and repair

37Containers for bulk dangerous goods

38Clearing of decommissioned receptacles

39Protection from impact

Division 8—Spill control

40Spill containment

41Transfer of dangerous goods

Division 9—Dangerous atmospheres

42Ignition sources in hazardous areas

43Ventilation and atmospheric emissions

Part 5—Preparedness for incidents and emergencies

Division 1—Manifests

44Manifest to be maintained

45Revision of manifest

Division 2—Placards

46Outer warning placards

47Placarding requirements

48Different location permitted

49Revision

Division 3—Equipment and planning

50Equipment for clean-up

51Fire protection—general

52Fire protection—premises exceeding relevant Fire Protection Quantity

53Planning for emergencies

Division 4—Safety data sheets

54Currency and accessibility

Division 5—Marking

55Packages received

56Transfer

57Pipework

Division 6—Register of dangerous goods

58Register of dangerous goods

Division 7—Incidents

59Dangerous goods for the purposes of section 32 of the Act

60Response to emergencies

61Investigation of incidents

62Risk control following incidents

63Authority may request information

Part 6—Notification

64Notification to Authority

65Further notification to Authority—periodic or following certain changes in circumstances

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

67Further notification to Authority—decrease in quantity of dangerous goods

68Authority to determine form and manner of notifications

69Authority to acknowledge notification

Part 7—Savings and transitional provisions

70GHS—transition period

Schedule 1—Series of Standards—AS/NZS 2106

Schedule 2—Quantities of dangerous goods

Schedule 3—Information to be contained in a manifest under section 30 of the Act

Schedule 4—Placarding requirements

Schedule 5—List of dangerous goods of UN Class 2.2 not prescribed dangerous goods for the purposes of section 32 of the Act

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Dangerous Goods (Storage and Handling) Regulations 2022

S.R. No. 115/2022

Version incorporating amendments as at

1 October 2023

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to provide for the health and safety of people, property and the environment in the manufacture, storage, transfer, use, handling, sale and disposal of dangerous goods.

2Authorising provision

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

3Commencement

These Regulations come into operation on 26 November 2022.

4Revocations

The following Regulations are revoked—

(a)the Dangerous Goods (Storage and Handling) Regulations 2012[1];

(b)the Dangerous Goods (Storage and Handling) Amendment Regulations 2014[2];

(c)the Dangerous Goods (Storage and Handling) Amendment Regulations 2020[3];

(d)the Dangerous Goods (Storage and Handling) Amendment (Notification) Regulations 2021[4].

5Definitions

In these Regulations—

administrative controls means controls that use systems of work to eliminate or reduce risk and that do not involve engineering controls or the use of personal protective equipment;

article means a manufactured item, other than a fluid or particle, that—

(a)is formed into a particular shape or design during manufacture; and

(b)has hazardous properties and a function that are wholly or partly dependent on that shape or design—

and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;

AS 1940:2017 means Australian Standard AS 1940:2017, "The storage and handling of flammable and combustible liquids", published by Standards Australia in 2017, as amended from time to time;

AS 2700S:2011 (R13) means Australian Standard AS 2700S:2011 (R13), "Colour standards for general purposes—Signal Red", published by Standards Australia in 2011, as amended from time to time;

AS 2700S:2011 (Y11) means Australian Standard AS 2700S:2011 (Y11), "Colour standards for general purposes—Canary", published by Standards Australia in 2011, as amended from time to time;

AS/NZS 2106 means the series of Australian Standards and Australian and New Zealand Standards referred to in Schedule 1, published by Standards Australia in 2005 and jointly by Standards Australia and Standards New Zealand in 1999, as amended from time to time;

AS/NZS 60079.10.1:2009 means Australian and New Zealand Standard AS/NZS 60079.10.1:2009, "Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres", published jointly by Standards Australia and Standards New Zealand in 2009, as amended from time to time;

bulk, in relation to dangerous goods, means any quantity of dangerous goods that is—

(a)in a container with a capacity exceeding 500 L or a net mass of more than 500 kg; or

(b)if the dangerous goods are a solid, an undivided quantity exceeding 500 kg;

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

C1 combustible liquid means—

(a)liquid dangerous goods that have—

(i)a flash point that is higher than 60°C, but not higher than 93°C; and

(ii)a fire point that is lower than the boiling point; or

(b)a combustible liquid that is determined under regulation 10 to be a C1 combustible liquid for the purposes of these Regulations;

capacity, in relation to a container, means the internal volume of the container expressed in litres at 15^oC;

Class label means a label of a type specified in the ADG Code for a UN Class of dangerous goods;

combustible liquid means any liquid dangerous goods with a flash point higher than 60°C;

compatible, in relation to 2 or more substances or items, means that the substances or items will not react together to cause a fire, explosion or harmful reaction or the evolution of flammable, corrosive or toxic vapours;

consumer package means a package that is intended for retail display and sale;

control temperature means the maximum temperature at which dangerous goods can be safely stored and handled as specified or determined by, or in accordance with—

(a)Manual of Tests and Criteria, seventh revised edition, published by the United Nations in 2019, as amended from time to time; and

(b)Part 2 of the ADG Code;

current SDS means the most recent SDS of a manufacturer or first supplier that has been—

(a)prepared in accordance with regulation 19 or 20; and

(b)if applicable, reviewed and revised in accordance with regulation 21;

dangerous goods in transit means dangerous goods that are—

(a)supplied to premises in containers that are not opened at the premises; and

(b)not used at the premises; and

(c)kept at the premises for a period of not more than 5 consecutive days;

emergency means an event that exposes a person or property in the vicinity of the event to an immediate risk through—

(a)an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(b)the escape, spillage or leakage of any dangerous goods;

emergency services authority, in relation to any premises where dangerous goods are stored and handled, means—

(a)Fire Rescue Victoria; or

(b)the Country Fire Authority—

whichever is appropriate to the location of the premises;

employer has the same meaning as in the Occupational Health and Safety Act 2004;

fire pointhas the same meaning as in AS 1940:2017;

fire protection system, in relation to premises, means the fire protection equipment and firefighting equipment used to combat or mitigate any emergency occurring at the premises;

fire risk dangerous goods means dangerous goods of—

(a)UN Class 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2; or

(b)Subsidiary Hazard 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2;

first supplier, in relation to goods referred to in regulation 13 or dangerous goods, means a person who—

(a)has not manufactured the goods in Victoria; and

(b)is, or intends to be, the first person to supply the goods in Victoria to another person;

Example

A person who imports the goods into Victoria from overseas or interstate.

flash point means the temperature at which a liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with—

(a)AS/NZS 2106; or

(b)a technical standard that specifies a test that is equivalent to that specified in AS/NZS 2106;

GHS has the same meaning as in regulation 5 of the Occupational Health and Safety Regulations 2017[5];

goods too dangerous to be transported has the same meaning as in regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018[6];

handling, in relation to any type of goods, includes—

(a)conveying the goods within premises, including within pipework; and

(b)manufacturing, processing, using, treating, dispensing, packing, supplying, transferring, rendering harmless, disposing of or destroying the goods;

hazard means any thing, activity, occurrence or circumstance of any kind that has the potential to cause injury to persons or damage to property by—

(a)an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(b)the escape, spillage or leakage of any dangerous goods;

hazard class means the nature of a physical, health or environmental hazard under the GHS;

hazardous area has the same meaning as in AS/NZS 60079.10.1:2009;

hazardous substance has the same meaning as in regulation 5 of the Occupational Health and Safety Regulations 2017;

health and safety representative has the same meaning as in the Occupational Health and Safety Act 2004;

IBC or intermediate bulk container has the same meaning as in regulation 11 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

ignition source means a source of energy sufficient to ignite a flammable atmosphere and includes—

(a)a naked flame, exposed incandescent material, an electrical welding arc or a mechanical or static spark; and

(b)any electrical or mechanical equipment that is not specifically designed to be used in a hazardous area;

incident means—

(a)an emergency; or

(b)an unintended event that, but for the intervention of a risk control measure or a human intervention, is likely to result in an emergency;

inner packaging has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

isolation, of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing by distance or a physical barrier;

notifiable goods means dangerous goods that are stored and handled in quantities that exceed the relevant quantities specified in column 5 in the table in Schedule 2;

package has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

packaged dangerous goods means dangerous goods or C1 combustible liquids that are in a container with a net capacity of not more than 500 L or a net mass of not more than 500 kg;

packaging has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

Examples

Inner, outer or composite packaging, overpacks, large packaging, IBCs, tanks, bulk and freight containers, drums, barrels, jerry cans, boxes and bags.

Packing Group has the same meaning as in regulation 42 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

pipework, in relation to dangerous goods, means—

(a)a pipe or an assembly of pipes; and

(b)associated pipe fittings, valves and pipe accessories—

used to convey dangerous goods;

plantincludes—

(a)any machinery, equipment, appliance, implement and tool; and

(b)any component of any of those things; and

(c)anything fitted, connected or related to any of those things;

pool chlorine means—

(a)calcium hypochlorite; or

(b)dichloroisocyanuric acid and its salts; or

(c)trichloroisocyanuric acid;

product name, in relation to dangerous goods, means the brand name or trade name given to the dangerous goods by the manufacturer or any supplier of the dangerous goods;

proper shipping name has the same meaning as in the ADG Code;

reasonably practicable means reasonably practicable having regard to—

(a)the likelihood of any hazard or risk concerned eventuating; and

(b)the degree of harm to persons or property that would result if any hazard or risk eventuated; and

(c)what the person concerned knows, or ought reasonably to know, about any hazard or risk and any ways of eliminating or reducing the hazard or risk; and

(d)the availability and suitability of ways to eliminate or reduce any hazard or risk; and

(e)the cost of eliminating or reducing any hazard or risk;

receptacle, in relation to dangerous goods, means a container, plant, pipework or any other thing that can contain dangerous goods;

road vehicle means a vehicle that does not consist of a unit or units of rolling stock;

Safe Work Australia means Safe Work Australia as established by section 5 of the Safe Work Australia Act 2008 of the Commonwealth;

SDS means a safety data sheet required to be prepared under regulation 19;

stabiliser, in relation to dangerous goods, means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) that—  

(a)is added to or present in dangerous goods; and

(b)overcomes the chemical instability inherent in the dangerous goods;

Subsidiary Hazard has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

Subsidiary Hazard label, in relation to dangerous goods, means a label of a type specified in the ADG Code for the Subsidiary Hazard of the dangerous goods;

tank, in relation to dangerous goods, means a container, other than an IBC, that is used or designed to be used to transport, store or handle dangerous goods in the form of a gas or a liquid in bulk and includes fittings, closures and any other equipment forming part of the container;

the Act means the Dangerous Goods Act 1985;

UN Class, in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

underground tank means a permanent tank that is wholly or partially located beneath the ground;

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;

UN Number or UN No. has the same meaning as in the ADG Code;

workplace has the same meaning as in the Occupational Health and Safety Act 2004.

6Application

These Regulations do not apply to—

(a)dangerous goods that are explosives; or

(b)dangerous goods that are used in the manufacture of explosives in accordance with Part 4 of the Dangerous Goods (Explosives) Regulations 2022[7]; or

(c)dangerous goods that are batteries while they are in use; or

(d)dangerous goods in a fuel container that is fitted to a vehicle or boat; or

(e)dangerous goods in the form of plant that is part of a vehicle or boat and is necessary for its operation; or

(f)dangerous goods in the fuel container of a domestic or portable fuel burning appliance; or

(g)dangerous goods that are combustible liquids other than C1 combustible liquids; or

(h)dangerous goods in portable firefighting equipment, portable safety equipment or portable medical equipment for use at any premises; or

(i)asbestos designated in the ADG Code by UN 2212 or UN 2590; or

(j)the following dangerous goods at premises that are not a workplace—

(i)compressed gas of UN Class 2.1 or UN Class 2.2 and compressed oxygen that—

(A)are in one or more containers with an aggregate capacity of not more than 50 L; and

(B)as a whole form part of a welding set or are used or intended to be used with a portable flame torch;

(ii)compressed oxygen or air that is used or intended to be used for medical purposes;

(iii)dangerous goods of UN Class 3 in an aggregate quantity of not more than 250 L;

(iv)pool chlorine and spa sanitising agents in an aggregate quantity of not more than 100 kg or L;

(v)sodium hypochlorite designated in the ADG Code by UN 1791 in an aggregate quantity of not more than 100 kg or L;

(vi)dangerous goods of UN Class 9 in an aggregate quantity of not more than 100 kg or L;

(vii)dangerous goods of Packing Group I in an aggregate quantity of not more than 5 kg or L;

(viii)C1 combustible liquids in an aggregate quantity of not more than 1000 L;

(ix)any other dangerous goods (not including dangerous goods of UN Class 2.3) in an aggregate quantity of not more than 100 kg or L; or

(k)dangerous goods that are declared to be HCDG and have no UN Number; or

(l)dangerous goods specified in a determination by the Authority under regulation 10(1)(c); or

(m)the storage and handling of dangerous goods in or on a vehicle or boat.

7Incorporated and adopted documents

(1)If any provision of any document is incorporated or adopted by these Regulations, the incorporation or adoption does not—

(a)include any requirement for approval from the Authority in relation to the storage and handling of dangerous goods; or

(b)permit any departure from the requirements of the document incorporated or adopted at the sole discretion of a person to whom those requirements apply.

(2)If the effect of an amendment to any document incorporated or adopted by these Regulations is—

(a)to prohibit an activity, process or thing, the amendment takes effect on the day after it is published, or on any later date specified in the document by which the amendment was made; or

(b)to impose a new obligation or to alter an existing obligation under these Regulations, a person may comply with these Regulations as if the amendment had not been made until the expiry of 12 months after the date on which the amendment takes effect.

(3)If a provision of any document incorporated or adopted by these Regulations is inconsistent with any provision of these Regulations, the provision of these Regulations prevails to the extent of the inconsistency.

PART 2—PROVISIONS APPLYING GENERALLY

8Duties on more than one person

If, under these Regulations, a duty is placed on more than one person or class of person, the duty must be undertaken by each person or each person in that class only in relation to those matters in respect of which the person has management or control, whether or not any other person is also responsible for undertaking the duty.

9Exemptions

(1)The Authority may exempt, in accordance with this regulation, any person, premises, activity or other thing, or any class of person, premises, activity or other thing, from any or all of the provisions of these Regulations.

(2)The Authority may exempt a person from any or all of the provisions of these Regulations if—

(a)the person operates a major hazard facility that is licensed under the Occupational Health and Safety Regulations 2017; and

(b)the Authority is satisfied that the person is capable of achieving, in the operation of the facility, a level of health and safety of persons and safety of property that is at least equivalent to the level that would be achieved if these Regulations were complied with.

(3)The Authority must not grant an exemption in relation to a person or class of person unless the Authority is satisfied that—

(a)the person or the class of person is capable of achieving a level of health and safety of persons and safety of property that is at least equivalent to the level that would be achieved if these Regulations were complied with; or

(b)the provisions that are to be the subject of the exemption are requirements under these Regulations that are—

(i)not directly associated with a risk control measure; and

(ii)inappropriate or unnecessary in the circumstances.

(4)The Authority must not grant an exemption in relation to any premises, activity or other thing, or any class of premises, activity or other thing, unless the Authority is satisfied that a level of health and safety of persons and safety of property can be achieved that is at least equivalent to the level that would be achieved if these Regulations were complied with.

(5)An exemption granted by the Authority under this regulation—

(a)must be in writing; and

(b)may be subject to any conditions specified by the Authority; and

(c)must specify, as the case requires—

(i)the person or class of person to whom the exemption is granted; and

(ii)the premises or class of premises for which the exemption is granted; and

(iii)the activity or other thing or the class of activity or other thing for which the exemption is granted; and

(iv)the provision or provisions of these Regulations in relation to which the exemption is granted; and

(v)the conditions (if any) to which the exemption is subject.

(6)A person with a duty in relation to which an exemption is granted under this regulation must comply with each condition to which the exemption is subject.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

10Determinations—classification etc. of certain dangerous goods

(1)The Authority may make any of the following determinations—

(a)that dangerous goods of a particular UN Class must be classified, marked or packed in accordance with these Regulations and the Dangerous Goods (Transport by Road or Rail) Regulations 2018;

(b)that a combustible liquid with a flash point that is higher than 93°C is a C1 combustible liquid for the purposes of these Regulations;

(c)that these Regulations do not apply to specified dangerous goods or a specified class of dangerous goods, if satisfied that the storage and handling of those dangerous goods does not create a significant danger to persons or property.

(2)A determination under subregulation (1)(c) may be subject to any conditions specified by the Authority.

(3)If the Authority makes a determination under this regulation, it must publish a notice in the Government Gazette that—

(a)states the determination and any conditions to which it is subject; and

(b)identifies to whom and to what the determination applies; and

(c)identifies the provision of this regulation under which the determination is made; and

(d)includes any other details that the Authority considers to be appropriate.

(4)A determination takes effect on the day on which the notice of the determination is published in the Government Gazette in accordance with subregulation (3), or on any later day specified in the notice.

(5)The Authority must ensure that a similar notice is published in a newspaper circulating generally throughout Victoria as soon as possible after complying with subregulation (3).

11Determination of quantity of dangerous goods

(1)If these Regulations require a person to determine a quantity of dangerous goods, the person must determine the quantity in accordance with this regulation.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In relation to packaged dangerous goods that are—

(a)non-liquid dangerous goods (other than UN Class 2 dangerous goods)—the quantity is to be determined by the net mass in kilograms of the goods in the container;

(b)liquid dangerous goods (other than UN Class 2 dangerous goods)—the quantity is to be determined by the net capacity of the container;

(c)UN Class 2 dangerous goods—the quantity is to be determined by the total capacity of the container.

(3)In relation to dangerous goods in bulk that are—

(a)non-liquid dangerous goods (other than UN Class 2 dangerous goods)—the quantity is to be determined by the mass in kilograms that the container is designed to hold;

(b)liquid dangerous goods (other than UN Class 2 dangerous goods)—the quantity is to be determined by the capacity in litres that the container is designed to hold;

(c)UN Class 2 dangerous goods—the quantity is to be determined by the total capacity of the container;

(d)solid dangerous goods not in a container—the quantity is to be determined by the undivided mass in kilograms.

(4)In relation to dangerous goods that are not referred to in subregulation (2) or (3), the quantity is to be determined by the net quantity of the part of an article or thing that is in itself dangerous goods.

12Compliance with Occupational Health and Safety Regulations

(1)If any provision in Divisions 3 to 9 of Part 4 requires an occupier to control risk associated with dangerous goods that are also hazardous substances, it is sufficient for the purposes of compliance with that provision for the occupier, if the occupier is also an employer, to comply with the corresponding requirements of Part 4.1 (Hazardous substances) of the Occupational Health and Safety Regulations 2017.

(2)Subregulation (1)—

(a)applies only to the extent that the provision in Divisions 3 to 9 of Part 4 requires the occupier to control risk arising from exposure to dangerous goods that are hazardous substances; and

(b)does not limit the occupier's duties under that provision to control the risk associated with—

(i)an explosion, fire or harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(ii)the escape, spillage or leakage of dangerous goods.

PART 3—DUTIES OF MANUFACTURERS AND SUPPLIERS

Division 1—Determination of dangerous goods

13Determination of dangerous goods

(1)A manufacturer or first supplier of goods, who suspects or has reasonable grounds for suspecting that the goods are dangerous goods, must determine whether or not the goods are dangerous goods as soon as possible or, in any event—

(a)in the case of a manufacturer, before handling the goods; or

Note

As defined in regulation 5, handling goods includes manufacturing the goods.

(b)in the case of a first supplier, before supplying the goods to any person.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In determining whether goods are dangerous goods, if a manufacturer or first supplier suspects, or has reasonable grounds for suspecting, that the goods may be—

(a)dangerous goods of a particular UN Class, the manufacturer or first supplier must have regard to whether the Dangerous Goods (Transport by Road or Rail) Regulations 2018 apply in relation to the goods; or

Note

See regulation 22A of the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

(b)C1 combustible liquids, the manufacturer or first supplier must act in accordance with AS 1940:2017; or

Note

See regulation 5 for the definition of C1 combustible liquid.

(c)goods too dangerous to be transported, the manufacturer or first supplier must have regard to regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

(3)If a manufacturer or first supplier has determined that goods are dangerous goods, the manufacturer or first supplier must ensure that the dangerous goods are—

(a)assigned the appropriate UN Class, Subsidiary Hazard and Packing Group in accordance with the Dangerous Goods (Transport by Road or Rail) Regulations 2018 or corresponding legislation; or

(b)classified into a hazard class in accordance with the GHS.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)For the purposes of subregulation (3)(a), corresponding legislation means the legislative provisions of another Australian jurisdiction that provide for the classification, assignment of Subsidiary Hazards and Packing Groups and the marking of dangerous goods for the purposes of transport by road, rail, air or sea.

Example

The work health and safety laws of other States, the Territories and the Commonwealth.

(5)Parts 4 and 5 do not apply to the handling of dangerous goods directly associated with determining whether goods are dangerous goods under this regulation.

Division 2—Packing, marking and labelling

14Packing—manufacturer and first supplier

(1)A manufacturer or first supplier who has assigned or classified dangerous goods under regulation 13(3), before supplying the dangerous goods to any person, must ensure that the Dangerous Goods (Transport by Road or Rail) Regulations 2018 are complied with in relation to—

(a)the condition of the dangerous goods; and

(b)the packages for the dangerous goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)A manufacturer or first supplier of C1 combustible liquids or goods too dangerous to be transported, before supplying the dangerous goods to any person, must ensure that the liquids or goods are packed in packaging that is of a type and in a condition that will—

(a)retain the liquids or goods that it holds; and

(b)not react adversely with the liquids or goods that it holds.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)A manufacturer or first supplier of dangerous goods complies with subregulation (1) or (2) if the dangerous goods are packed in accordance with corresponding legislation.

(4)In subregulation (3), corresponding legislation means the legislative provisions of another Australian jurisdiction that provide for the classification, assignment of Subsidiary Hazards and Packing Groups and the marking of dangerous goods for the purposes of transport by road, rail, air or sea.

15Marking and labelling—manufacturer and first supplier

(1)Subject to subregulation (2), a manufacturer or first supplier of dangerous goods who has assigned or classified dangerous goods under regulation 13(3) must ensure, before supplying the dangerous goods to any person, that—

(a)any inner packaging for the dangerous goods is labelled in accordance with—

(i)the Dangerous Goods (Transport by Road or Rail) Regulations 2018; or

(ii)the GHS; and

(b)any other packaging for the dangerous goods is marked in accordance with the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

Notes

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

2     The definition of packaging in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018 includes inner packaging.

(2)In the case of C1 combustible liquids or goods too dangerous to be transported, a manufacturer or first supplier, before supplying the dangerous goods to any person, must ensure that the liquids or goods are packed in packaging that is clearly marked with the name of the liquids or goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 3—Suppliers generally

16Prohibitions on supply

A person must not supply dangerous goods if the person suspects, or has reasonable grounds for suspecting, that—

(a)regulation 14 or 15 has not been complied with in relation to the condition or packages of the dangerous goods or the marking or labelling of packaging for the dangerous goods; or

(b)the container into which the dangerous goods are to be supplied is leaking or will leak.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

17Regulation 16(a) and (b) does not apply to retailers

(1)Regulation 16(a) and (b) does not apply to a supplier who is a retailer—

(a)who supplies packaged dangerous goods by placing them in a container that is provided by the purchaser; and

(b)who complies with subregulation (2).

(2)If a supplier who is a retailer supplies packaged dangerous goods into a container provided by the purchaser, the supplier must—

(a)in the case of UN Class 2 dangerous goods, ensure that the container meets the requirements of the Dangerous Goods (Transport by Road or Rail) Regulations 2018 that relate to packages for dangerous goods; and

(b)in the case of any other dangerous goods, take all reasonable steps to ensure that the container—

(i)is of a type and in a condition that will retain the dangerous goods and will not react adversely with the dangerous goods; and

(ii)has the name of the dangerous goods clearly marked on the container; and

(iii)is not ordinarily used to contain foodstuffs.

Division 4—Safety data sheets

18Division does not apply to C1 combustible liquids

This Division does not apply to C1 combustible liquids.

Note

Part 4.1 of the Occupational Health and Safety Regulations 2017 applies to C1 combustible liquids that are also hazardous substances.

19Preparation of SDS

(1)A manufacturer or first supplier of dangerous goods must ensure that a safety data sheet is prepared for dangerous goods before the goods are first supplied for use.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)The manufacturer or first supplier must ensure that the SDS is in English, is legible and contains—

(a)the date on which it was last reviewed or, if it has not been reviewed, the date of its preparation; and

(b)the name, business address, email address and telephone number of—

(i)the Australian manufacturer of the dangerous goods; or

(ii)the person who imported the dangerous goods into Australia; and

(c)an Australian telephone number to be used to obtain information in an emergency; and

(d)the product name of the dangerous goods; and

(e)if applicable, one or both of the following—

(i)the proper shipping name, UN Number, UN Class, Subsidiary Hazard and Packing Group of the dangerous goods;

(ii)in the case of dangerous goods classified under regulation 13(3)(b), the hazard class; and

(f)in the case of goods too dangerous to be transported, the name of the goods as specified in Appendix A to the ADG Code; and

(g)the chemical and physical properties of the dangerous goods; and

(h)to the extent required by subregulation (3), the names of the ingredients of the dangerous goods; and

(i)for each ingredient of the dangerous goods that is required to be identified with a chemical or generic name under paragraph (h), the proportion (or proportion ranges) of that ingredient in the dangerous goods; and

(j)any relevant health hazard information, including first aid information; and

(k)information relating to the precautions to be followed in relation to the safe use of the dangerous goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)For the purposes of subregulation (2)(h), the manufacturer or first supplier must disclose, in relation to the ingredients of the dangerous goods—

(a)the chemical name of each ingredient; or

(b)if the identity of an ingredient is commercially confidential, the generic name for the ingredient.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)If—

(a)a manufacturer or first supplier considers that disclosing the generic name for an ingredient in accordance with subregulation (3)(b) would breach commercial confidentiality; and

(b)the ingredient is not dangerous goods; and

(c)the ingredient does not have a known synergistic effect—

it is sufficient compliance with subregulation (3)(b) if the manufacturer or first supplier states on the SDS in relation to that ingredient "other ingredients determined not to be dangerous goods".

20SDS under corresponding legislation

(1)It is sufficient compliance with regulation 19 if a manufacturer or first supplier of dangerous goods has prepared an SDS for the dangerous goods in accordance with corresponding legislation.

(2)In subregulation (1), corresponding legislation means provisions in other legislation in Victoria or legislation in another Australian jurisdiction that provide for the form and content of an SDS as defined under that legislation.

21Review and revision of SDS

(1)A manufacturer or first supplier of dangerous goods must ensure that the SDS for the dangerous goods is reviewed—

(a)as often as is necessary to ensure that the SDS contains accurate and current information; and

(b)at least every 5 years after the SDS is first prepared or last reviewed, whichever is later.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)A manufacturer or first supplier of dangerous goods must ensure that an SDS is revised if a review reveals that the SDS contains any information that is not accurate or current.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)Subregulation (1) does not apply if the manufacturer or first supplier has not supplied the dangerous goods to any person or any premises for a period of 5 years.

22Supply of SDS

(1)A manufacturer or supplier of dangerous goods must ensure that a copy of the current SDS for the dangerous goods is provided—

(a)to any person to whom the dangerous goods are supplied for use, on or before the first occasion that the dangerous goods are supplied to that person; and

(b)if the SDS is revised, to any person to whom the dangerous goods are supplied for use, on or before the first occasion that the dangerous goods are supplied to that person after the revision; and

(c)on request, to an occupier of any premises where those dangerous goods are stored and handled.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Subregulation (1) does not apply to a supplier if the supplier is—

(a)a retailer or a retail warehouse operator who supplies the dangerous goods in consumer packages; or

(b)a retailer supplying fuel to a vehicle; or

(c)a retailer referred to in regulation 17.

23Information to registered medical practitioner

(1)Despite anything in this Part, a manufacturer or first supplier of dangerous goods must disclose the chemical name of an ingredient of the dangerous goods to a registered medical practitioner if—

(a)the SDS for the dangerous goods, or the marking on the container in which the dangerous goods are supplied, does not disclose the chemical name of the ingredient; and

(b)the registered medical practitioner requests the chemical name of the ingredient to assist with the management of the practitioner's patient.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)The manufacturer or first supplier must immediately comply with a request from a registered medical practitioner for the chemical name of an ingredient of dangerous goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

PART 4—DUTIES OF OCCUPIER

Division 1—Consultation, information and training

24Consultation

An occupier of premises where dangerous goods are stored and handled, so far as is reasonably practicable, must consult with persons engaged by the occupier to work at the premises whose health or safety is likely to be affected by the dangerous goods, and any health and safety representative of those persons, regarding—

(a)induction, training, information provision, hazard identification and risk control; and

(b)any proposed alteration to structures, plant, processes or systems of work that are likely to increase the risk to those persons.

Notes

1An occupier who is an employer must also observe the consultation requirements of the Occupational Health and Safety Act 2004.

2Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

25Induction, information, training and supervision

(1)An occupier of premises where dangerous goods are stored and handled must ensure that a person involved with the storage and handling of dangerous goods at the premises, and any health and safety representative of that person, is provided with induction, information, training and supervision that is—

(a)in a language or manner appropriate to the person; and

(b)relevant to the tasks undertaken by the person and the risks associated with those tasks.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)An occupier of premises where dangerous goods are stored and handled must ensure that the induction, information and training provided under subregulation (1) includes instruction in relation to—

(a)the nature of the hazards and properties of the dangerous goods; and

(b)the processes used for the identification and control of the risks associated with the person's tasks; and

(c)the purpose, use and maintenance of the measures for the control of those risks; and

(d)the systems of work and the conduct of persons at the premises, in so far as the systems of work and conduct of persons may affect safe storage and handling of dangerous goods; and

(e)the operation of the emergency plan for the premises and any procedures and equipment that may be required for use in the event of an emergency; and

(f)the proper use and fitting of personal protective equipment.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 2—Hazard identification

26Identification of hazards

(1)An occupier of premises where dangerous goods are stored and handled must ensure that any hazard associated with the storage and handling of dangerous goods at the premises is identified, having regard to what the occupier knows or ought reasonably to know about the hazard.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Without limiting subregulation (1), in identifying hazards, the occupier must have regard to—

(a)any information about the hazardous properties inherent to the dangerous goods, including information in an SDS for the dangerous goods available to the occupier; and

(b)the chemical and physical properties of the dangerous goods, including physical state, viscosity, vapour pressure, chemical energy, particle size, solubility, electrical conductivity, reactivity, combustion products and concentration; and

(c)any manufacturing and transport processes at the premises involving the dangerous goods, including—

(i)physical processes such as separation, mixing, absorption and changes of state; and

(ii)processes involving chemical reaction; and

(d)the temperatures and pressures to which the dangerous goods are subjected during the processes referred to in paragraph (c); and

(e)the structures, plant (including the characteristics of the materials used in the plant), systems of work and practices that are used in the storage and handling of the dangerous goods at the premises; and

(f)the physical location and arrangement of areas, structures and plant used for the storage and handling of the dangerous goods at the premises; and

(g)the structures, plant (including the characteristics of the materials used in the plant), systems of work and practices that are not used to store or handle the dangerous goods at the premises but that could interact with the dangerous goods at the premises; and

(h)the chemical and physical reactions between the dangerous goods and other substances and articles with which the dangerous goods may come into contact at the premises; and

(i)the type and characteristics of incidents associated with the dangerous goods, including incidents affecting the structures or plant used to store or handle the dangerous goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 3—General duty to control risk

27General duty to control risk

(1)An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with the storage and handling of dangerous goods at the premises—

(a)is eliminated; or

(b)if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In complying with subregulation (1), the occupier must consider eliminating or reducing risk associated with the storage and handling of dangerous goods by—

(a)substituting other goods, or other dangerous goods, that have a lower risk associated with their storage and handling; and

(b)reducing the quantity of dangerous goods stored or handled.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)The occupier must ensure that any measures implemented to control risks are reviewed and, if necessary, revised—

(a)before any alteration is made to a process or system of work that is likely to result in changes to risks associated with the storage and handling of dangerous goods; and

(b)if, for any other reason, the risk control measures do not adequately control the risks.

Notes

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

2     For further review and revision requirements affecting an occupier of premises, see regulation 62.

Division 4—Design

28Design of new premises, plant, processes and systems of work

(1)An occupier must not use new premises or use new plant, processes or systems of work in any premises for the storage and handling of dangerous goods, unless the occupier has first ensured that the new premises or the new plant, processes or systems of work have been designed—

(a)to eliminate the risk associated with the storage and handling of dangerous goods; or

(b)if it is not reasonably practicable to eliminate the risk, to reduce the risk so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In complying with subregulation (1), the occupier must ensure that any hazard associated with the design of the premises, plant, processes or systems of work is identified and controlled having regard to the matters specified in regulation 26(2).

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)In this regulation, new, in relation to premises, plant, processes or systems of work, means that the premises, plant, processes or systems of work—

(a)have not been previously used for the storage and handling of dangerous goods; or

(b)have been altered in a way that is likely to create a new or different hazard or risk associated with that use.

Division 5—Workers and visitors

29Risk to persons engaged by the occupier

(1)An occupier of premises where dangerous goods are stored and handled must not rely solely on administrative controls or personal protective equipment to eliminate or reduce risk to persons engaged by the occupier to work at the premises, unless it is not reasonably practicable—

(a)to eliminate the use of dangerous goods or the risk associated with the use of dangerous goods; or

(b)to reduce the risk associated with the use of dangerous goods by—

(i)the substitution of other dangerous goods that have a lower risk associated with their storage and handling; or

(ii)the use of engineering controls; or

(iii)isolation of the dangerous goods from persons.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)If an occupier of premises where dangerous goods are stored and handled uses personal protective equipment to eliminate or reduce risk to persons engaged by the occupier to work at the premises, the occupier must—

(a)provide personal protective equipment that is suitable for use with the dangerous goods; and

(b)ensure that the personal protective equipment is maintained in a clean and serviceable condition.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)A person must not wilfully damage or render ineffective any personal protective equipment provided under subregulation (2).

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

30Visitors to premises

An occupier of premises where dangerous goods are stored and handled must ensure that a visitor to the premises is provided with information, safety instructions and supervision that are sufficient to ensure that any risk to the visitor or any other person on the premises that is associated with the storage and handling of dangerous goods is reduced so far as is reasonably practicable.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

31Security at premises

An occupier of premises where dangerous goods are stored and handled, so far as is reasonably practicable, must prevent access to the premises by unauthorised persons.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 6—Stability and interaction of dangerous goods

32Stability

(1)An occupier of premises where dangerous goods are stored and handled must ensure, so far as is reasonably practicable, that the dangerous goods do not inadvertently become unstable, decompose or change so as to—

(a)create a hazard that is different from the hazard originally created by the dangerous goods; or

(b)increase the risk associated with the dangerous goods.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Without limiting subregulation (1), the occupier must ensure that—

(a)if the stability of the dangerous goods is dependent on the maintenance of levels of stabilisers—those levels are maintained, having regard to the stabiliser levels specified by the manufacturer of the dangerous goods (if any); and

(b)if the dangerous goods are required to be stored or handled at or below a particular control temperature—they are stored or handled at or below that temperature, having regard to the relevant control temperature specified by the manufacturer (if any).

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)Subregulation (2) does not apply in respect of dangerous goods that are about to be used in a manufacturing process.

33Isolation

Without limiting regulations 27 and 28, an occupier of premises where dangerous goods are stored and handled must ensure that the risk to persons and property not located at the premises that arises from an incident—

(a)is eliminated; or

(b)if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable by isolation.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

34Interaction with other substances

An occupier of premises where dangerous goods are stored and handled must ensure that the risk associated with chemical and physical reactions between the dangerous goods and other substances or articles at the premises—

(a)is eliminated; or

(b)if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

35Interaction with other plant and processes

An occupier of premises where dangerous goods are stored and handled, so far as is reasonably practicable, must ensure that the risk associated with the storage and handling of the dangerous goods is not increased by any structure, plant (including the materials used in the plant), system of work or activity that—

(a)is not used to store or handle dangerous goods at the premises; and

(b)is capable of interacting with the dangerous goods at the premises.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 7—Structures, plant and containers

36Structures and plant—condition and repair

(1)An occupier of premises where dangerous goods are stored and handled must ensure that structures and plant used for the storage and handling of dangerous goods are manufactured, installed, commissioned, operated, tested, maintained, repaired and decommissioned—

(a)so as to eliminate the risk associated with the storage and handling of the dangerous goods; or

(b)if it is not reasonably practicable to eliminate the risk, so as to reduce the risk so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)If the maintenance or repair of any structure or plant referred to in subregulation (1) involves the use of welding, cutting or other processes that generate heat or introduce ignition sources, the occupier must ensure that the risk of a fire or explosion involving the dangerous goods—

(a)is eliminated; or

(b)if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

37Containers for bulk dangerous goods

(1)An occupier of premises where bulk dangerous goods are stored in a container must ensure that—

(a)the container and its associated pipework are provided with stable foundations and supports; and

(b)any pipework or equipment connected to the container is installed so as to prevent excessive stress on the container, pipework or equipment; and

(c)the container and its associated pipework are protected from corrosion; and

(d)the container is inspected at intervals that are sufficient to ensure the integrity and serviceability of the container; and

(e)the results of an inspection under paragraph (d) are recorded and retained for as long as the container remains in service on the premises managed and controlled by the occupier; and

(f)in the event of the occupier ceasing to manage and control the premises, the recorded results of an inspection are delivered to the person who subsequently manages and controls the premises.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)A person who becomes an occupier of premises and takes delivery of recorded inspection results under subregulation (1)(f) must retain the record in accordance with subregulation (1)(e).

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

38Clearing of decommissioned receptacles

(1)An occupier of premises where a receptacle was used in connection with dangerous goods must ensure that the receptacle is cleared of dangerous goods in accordance with subregulation (2) if the receptacle—

(a)is no longer intended to be used in connection with dangerous goods; or

(b)is to be disposed of.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)For the purposes of subregulation (1), the occupier must ensure that—

(a)the receptacle is—

(i)thoroughly cleaned so that there is no discernible trace of the dangerous goods; or

(ii)subjected to a process in which its contents are neutralised, cured or chemically deactivated; and

(b)the atmosphere within the receptacle is cleared—

(i)if the gas or vapour in the atmosphere is listed in the Workplace Exposure Standards for Airborne Contaminants, published by Safe Work Australia on its Internet site, as amended from time to time—to ensure that the concentration (calculated as the time‑weighted average over 8 hours) of the gas or vapour in the atmosphere is less than the listed concentration for the gas or vapour; or

(ii)if the gas or vapour in the atmosphere is dangerous goods of UN Class 2.1, UN Class 3 or Subsidiary Hazard 3—to ensure that the concentration of those goods in the atmosphere is less than 5% of the lower explosive limit for the goods when sampled at ambient temperature; or

(iii)if the gas or vapour in the atmosphere is a gas or vapour to which both subparagraphs (i) and (ii) apply—to ensure that the requirements of subparagraphs (i) and (ii) are complied with.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)An occupier of premises is not subject to any further requirements under these Regulations with respect to a receptacle that has been cleared by the occupier in accordance with subregulation (2).

39Protection from impact

An occupier of premises where dangerous goods are stored and handled must ensure that the dangerous goods and any structure, plant, container or pipework associated with the storage and handling of the dangerous goods, so far as is reasonably practicable, is protected against damage from impact with vehicles, mobile plant, ships or boats.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 8—Spill control

40Spill containment

(1)An occupier of premises where dangerous goods are stored and handled must ensure that, in each area at the premises where dangerous goods are stored or handled, provision is made for spill containment that will—

(a)eliminate the risk from any spill or leak of solid or liquid dangerous goods or, if it is not reasonably practicable to eliminate the risk, reduce it so far as is reasonably practicable; and

(b)so far as is reasonably practicable, contain within the premises dangerous goods that have been spilled or leaked and any solid or liquid effluent arising from an incident.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In the case of dangerous goods contained in a tank, the occupier must ensure that the spill containment for that tank is not shared with any other dangerous goods or other substances that are not compatible with the dangerous goods in the tank.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)In the event of a spill or leak of dangerous goods, the occupier must ensure that—

(a)immediate action is taken to reduce any risk associated with the spill or leak so far as is reasonably practicable; and

(b)as soon as is reasonably possible, the dangerous goods and any resulting effluent are cleaned up and disposed of or otherwise made safe.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

41Transfer of dangerous goods

(1)An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with the transfer of dangerous goods—

(a)from one area to another area within the premises; or

(b)from or into a container on the premises—

is eliminated or, if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)In eliminating or reducing risk in accordance with subregulation (1), the occupier must have regard to, as relevant—

(a)the need for measures to—

(i)control spills and leaks; and

(ii)minimise static electricity; and

(iii)control vapour generation; and

(b)the compatibility of the pipework at the premises with the dangerous goods being transferred.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)In relation to the transfer of dangerous goods into a container used for the storage of dangerous goods in bulk, the occupier must ensure, so far as is reasonably practicable, that engineering controls are used to control the risk associated with overfilling the container.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 9—Dangerous atmospheres

42Ignition sources in hazardous areas

An occupier of premises where dangerous goods are stored and handled must ensure that, so far as is reasonably practicable, ignition sources are not present in any hazardous area within the premises.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

43Ventilation and atmospheric emissions

An occupier of premises where dangerous goods are stored and handled must ensure that any risk associated with any atmospheric conditions that are flammable, explosive or asphyxiant—

(a)is eliminated; or

(b)if it is not reasonably practicable to eliminate the risk, is reduced so far as is reasonably practicable.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

PART 5—PREPAREDNESS FOR INCIDENTS AND EMERGENCIES

Division 1—Manifests

44Manifest to be maintained

(1)For the purposes of section 30(1) of the Act, premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in column 5 in the table in Schedule 2 are premises of a prescribed class.

(2)For the purposes of section 30(1) of the Act, a manifest is in the prescribed form if it contains the information specified in Schedule 3.

(3)An occupier of premises referred to in subregulation (1) must ensure that the manifest is kept on the premises in a location or place where it is readily accessible to the emergency services authority.

Note

Contravention of this subregulation may constitute an offence—see sections 30(2), 45 and 45A of the Act.

45Revision of manifest

An occupier of premises referred to in regulation 44(1) must ensure that the manifest is revised as soon as possible after a change in any of the information specified in Schedule 3.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 2—Placards

46Outer warning placards

(1)If the quantities of dangerous goods stored and handled at premises exceed the relevant quantities specified in column 4 in the table in Schedule 2, the occupier of those premises must ensure that a "HAZCHEM" outer warning placard as specified in Schedule 4 is displayed—

(a)in the case of a farm, or a school, university or other educational institution—at the main road entrance to the premises; and

(b)in the case of any other premises—at every entrance for road vehicles and every rail entrance.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)This regulation does not apply in respect of premises if—

(a)the premises are a retail outlet; and

(b)the relevant dangerous goods specified in column 2 in the table in Schedule 2 are used to refuel a vehicle and are—

(i)a flammable gas; or

(ii)a flammable liquid; or

(iii)a combination of a flammable gas and a flammable liquid.

47Placarding requirements

(1)An occupier of premises where dangerous goods are stored and handled must ensure that the following are placarded in accordance with this regulation—

(a)any container or other storage of dangerous goods in bulk;

(b)any storage of packaged dangerous goods that exceeds the relevant quantity specified in column 4 in the table in Schedule 2.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Subregulation (1) does not apply in respect of—

(a)dangerous goods in bulk in any container, including an IBC, that is intended for transport and marked in accordance with the ADG Code; or

(b)C1 combustible liquids in bulk in a quantity not exceeding 10 000 L that are isolated from other dangerous goods; or

(c)dangerous goods of UN Class 2.1 or 3 or C1 combustible liquids that are stored in an underground tank at a retail outlet where the goods are used to refuel vehicles.

(3)The dimensions, design, layout and content of a placard must be in accordance with Schedule 4.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)A placard must be kept clean, in good order and unobstructed.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(5)A placard required by subregulation (1) or by regulation 46 must be located so that it is—

(a)clearly legible by persons approaching the placard; and

(b)separate from any other sign or writing that contradicts, qualifies or distracts attention from the placard.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(6)A placard required by subregulation (1)(a) must be located on or adjacent to each container or storage.

(7)A placard required by subregulation (1)(b) must be located—

(a)at the entrance to any building in which the dangerous goods are stored; and

(b)within a building referred to in paragraph (a), at the entrance to each room or other closed or walled section of the building in which the dangerous goods are stored; and

(c)adjacent to any external storage area where the dangerous goods are stored.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(8)If the dangerous goods to which placards apply are removed from the premises, the occupier must remove the placards.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

48Different location permitted

(1)An occupier of premises that are required to be placarded under this Division may place placards in locations different from those specified in this Division if the emergency services authority agrees to the placards being in those different locations.

(2)The occupier must ensure that the agreement of the emergency services authority is—

(a)in writing; and

(b)readily available for inspection by the Authority.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

49Revision

An occupier of premises must ensure that all placards required by this Division are revised as soon as possible after any change to the type or quantity of dangerous goods stored or handled at the premises that requires different information to be displayed.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 3—Equipment and planning

50Equipment for clean-up

An occupier of premises where dangerous goods are stored and handled must ensure that equipment and materials appropriate for persons to use for the containment and clean-up of reasonably foreseeable escapes, spills or leaks of dangerous goods are—

(a)kept on the premises; and

(b)accessible at all times to persons on the premises.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

51Fire protection—general

(1)An occupier of premises where dangerous goods are stored and handled must ensure that—

(a)the premises are provided with a fire protection system that—

(i)is designed and constructed for the types and quantities of the dangerous goods and the conditions under which they are stored and handled; and

(ii)uses firefighting media that are compatible with the dangerous goods and are effective in the control of incidents involving those types and quantities of dangerous goods; and

(b)the fire protection system is—

(i)properly installed, tested and maintained; and

(ii)at all times accessible to persons on the premises and the emergency services authority; and

(iii)capable of being used, without adaptation or modification, with the equipment used by the emergency services authority.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)If any of the components of the fire protection system are rendered unserviceable or inoperative, the occupier must ensure that—

(a)the implications of any of the components of the system being unserviceable or inoperative are assessed; and

(b)alternative measures are taken to control, to the same level of effectiveness, those risks that were controlled by the system when fully functioning; and

(c)the fire protection system is returned to full operation as soon as possible.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)If the implications of the system becoming unserviceable or inoperative, as assessed by the occupier under subregulation (2)(a), include a significant reduction in the effectiveness of the fire protection system, the occupier must notify the emergency services authority of the condition of the fire protection system.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)In determining the alternative measures required under subregulation (2)(b), the occupier must have regard to the need for—

(a)the provision of alternative fire protection measures; and

(b)a reduction of the quantities of dangerous goods; and

(c)stopping or limiting the processes used for the storage and handling of dangerous goods; and

(d)modifications to systems of work.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

52Fire protection—premises exceeding relevant Fire Protection Quantity

(1)If an occupier of premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in column 6 in the table in Schedule 2 intends to establish a fire protection system for the premises, the occupier must—      

(a)request the written advice of the emergency services authority, in relation to the design of the fire protection system for the premises; and

(b)in establishing the fire protection system for the premises, have regard to that written advice.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)An occupier of premises who has established a fire protection system for the premises must request the written advice of the emergency services authority and have regard to that written advice before—

(a)making modifications that require a review of risk control measures under regulation 27(3) or 62 in relation to—

(i)any building or structure on the premises; or

(ii)the types or quantities of dangerous goods stored or handled on the premises; or

(iii)the plant or processes, including the introduction of new plant or processes, associated with the storage or handling of dangerous goods; or

(b)altering the fire protection system on the premises.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

53Planning for emergencies

(1)This regulation applies in relation to premises where dangerous goods are stored and handled in quantities that exceed the relevant quantities specified in column 5 in the table in Schedule 2.

(2)An occupier of premises to which this regulation applies must ensure that a written plan for dealing with any emergency associated with the storage and handling of dangerous goods on those premises is—

(a)developed, implemented and maintained; and

(b)communicated to—

(i)persons who are engaged by the occupier to work at the premises and who may be exposed to risk as a result of an emergency; and

(ii)persons in management and control of adjacent premises, if persons or property on the adjacent premises may be exposed to risk as a result of an emergency.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(3)In developing or reviewing the emergency plan, the occupier must—

(a)request the written advice of the emergency services authority; and

(b)have regard to that written advice.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)The occupier must ensure that the emergency plan required under this regulation reduces the risk associated with an emergency, so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(5)Without limiting this regulation, the occupier must ensure that the plan clearly describes the location of the manifest maintained under Division 1 of this Part.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(6)The occupier must review the emergency plan—

(a)if there is a change in circumstances at the premises and the plan no longer complies with subregulation (4); and

(b)at intervals of not more than 5 years from the date on which the plan was developed or last reviewed.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 4—Safety data sheets

54Currency and accessibility

(1)Subject to subregulations (2) and (3), an occupier of premises where dangerous goods are stored and handled must—

(a)obtain the current SDS for those dangerous goods on or before the first occasion that they are supplied to the premises; and

(b)ensure that the current SDS is—

(i)available for all dangerous goods stored and handled at the premises; and

(ii)readily accessible to persons engaged by the occupier to work at the premises, the emergency services authority and any other person on the premises; and

(c)ensure that the information in the SDS is only altered if permitted or required by these Regulations.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)If an occupier of premises where dangerous goods are stored and handled possesses a current SDS for those dangerous goods, the occupier is not required to comply with subregulation (1)(a) in respect of dangerous goods that are—

(a)dangerous goods in transit; or

(b)dangerous goods stored and handled at a retail outlet in consumer packages that remain sealed and unopened until sold.

(3)If an occupier of premises does not possess a current SDS for dangerous goods on the premises, it is sufficient compliance with subregulation (1), in respect of dangerous goods referred to in subregulation (2)(a) or (b), if the occupier ensures that information in relation to the safe storage and handling of dangerous goods, being information that is required in an SDS for dangerous goods, is set out in a document that is readily accessible to persons engaged by the occupier to work at the premises.

(4)If an occupier of premises makes available, in addition to the SDS, information in relation to the safe storage and handling of the dangerous goods to which the SDS relates, the occupier must ensure that the additional information is—

(a)consistent with the information contained in the SDS; and

(b)clearly identified as being provided by the occupier.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

Division 5—Marking

55Packages received

(1)If an occupier of premises receives a package of dangerous goods and the packaging is marked or labelled in accordance with regulation 15, the occupier must ensure that, during the period in which the dangerous goods remain in the packaging—

(a)the packaging remains so marked; and

(b)the marking remains legible and is not removed, defaced or altered.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)If—

(a)the dangerous goods are removed from the packaging; and

(b)the packaging remains marked as it was when it was received—

the occupier referred to in subregulation (1) must ensure that the container forming part of the package is not used to contain dangerous goods other than dangerous goods of the type in the package when it was first received.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

56Transfer

(1)If dangerous goods are transferred into a portable container for use at premises, the occupier of those premises must ensure that—

(a)the container into which the dangerous goods are transferred is clearly labelled with—

(i)the Class label, Subsidiary Hazard label and product name of the dangerous goods; or

(ii)the product identifier and a hazard pictogram and hazard statement consistent with the correct classification of the dangerous goods; or

(b)if it is not possible to label the container with the Class label, Subsidiary Hazard label and product name of the dangerous goods—another means of clearly identifying the dangerous goods is used.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Subregulation (1) does not apply if—

(a)the dangerous goods transferred are to be used immediately; and

(b)the portable container is cleared in accordance with regulation 38.

57Pipework

An occupier of premises where dangerous goods are stored and handled must ensure that any pipework containing dangerous goods is marked so as to ensure, so far as is reasonably practicable, that the dangerous goods are clearly identified to persons engaged by the occupier to work at the premises.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

Division 6—Register of dangerous goods

58Register of dangerous goods

(1)An occupier of premises where dangerous goods are stored and handled must ensure that—

(a)a register is kept and maintained for the dangerous goods stored and handled; and

(b)the register contains a list of all dangerous goods stored and handled at the premises and, if required, an SDS for each of the dangerous goods; and

(c)the register is readily accessible to any person engaged by the occupier to work at the premises and any other person who is likely to be affected by the dangerous goods on the premises.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)Subregulation (1) does not apply in respect of dangerous goods received in packages of such a size that they do not have to be marked under the ADG Code.

(3)Subregulation (1) does not apply in respect of dangerous goods in transit.

(4)In relation to dangerous goods that are also hazardous substances, it is sufficient for the purposes of compliance with subregulation (1)(a) and (b) for an occupier who is an employer to comply with regulation 162(1) and (2) of the Occupational Health and Safety Regulations 2017.

Division 7—Incidents

59Dangerous goods for the purposes of section 32 of the Act

(1)For the purposes of section 32(2)(a) of the Act, dangerous goods of UN Class 2.2, other than those listed in Schedule 5, are prescribed dangerous goods.

(2)For the purposes of section 32(2)(b) of the Act, a quantity of packaged dangerous goods (other than dangerous goods of UN Class 2.3 or Packing Group I) that is less than 250 kg or 250 L and is involved in a fire, explosion, spillage, leakage or escape, without resulting in physical injury to any person or damage to any property, is a prescribed quantity of dangerous goods.

60Response to emergencies

(1)An occupier of premises where dangerous goods are stored and handled must respond to an emergency at the premises by ensuring that—

(a)immediate action is taken to assess and control any risk associated with the emergency, including making any plant or equipment associated with the emergency and the surrounding area safe so far as is reasonably practicable; and

(b)only persons essential to carrying out the action referred to in paragraph (a) remain in the vicinity of the emergency; and

(c)the risk to each person engaged by the occupier at the premises to carry out the action referred to in paragraph (a) is reduced so far as is reasonably practicable.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(2)The duties of the occupier under subregulation (1)(b) and (c) do not extend to members of the emergency services authority responding to the emergency.

61Investigation of incidents

An occupier of premises where dangerous goods are stored and handled must ensure that—

(a)any incident occurring at the premises is investigated and that the investigation, so far as possible, determines the cause or likely cause of the incident; and

(b)a record of the investigation of the incident is—

(i)made; and

(ii)kept for at least 5 years; and

(iii)readily available to the Authority on request.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

62Risk control following incidents

The occupier of premises where an incident has occurred must—

(a)review any relevant risk control measures, taking into account the results of the investigation into the incident; and

(b)if the review identifies deficiencies in any risk control measures, alter those measures or implement new measures in accordance with this Part.

Note

Contravention of this regulation may constitute an offence—see sections 45 and 45A of the Act.

63Authority may request information

(1)The Authority may request any information from an occupier of premises where dangerous goods are stored and handled in relation to—

(a)the cause or effect of an incident that has occurred on the premises; and

(b)any action taken by the occupier as a result of the incident.

(2)A request for information must—

(a)be in writing; and

(b)specify a reasonable period within which the occupier must respond.

(3)The occupier must provide the requested information—

(a)in writing; and

(b)within the period specified by the Authority.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

(4)This regulation does not apply in respect of an incident at premises that are not a workplace.

PART 6—NOTIFICATION

64Notification to Authority

(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—see 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 68; 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 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.

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

65Further 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 64, 67 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 64, 67 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

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

2     For requirements relating to new notifiable goods at the premises—see regulation 64.

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

(a)be given in a form and manner determined by the Authority in accordance with regulation 68; and

(b)include the information set out in regulation 64(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 respect of a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017.

66Further 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—see 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 68.

67Further 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 64, 65 or this regulation—

(a)has decreased by 20% or more, but has not fallen below the relevant quantity specified in column 5 in the table in Schedule 2; or

(b)has fallen below the relevant quantity specified in column 5 in the table in Schedule 2.

Note

Contravention of this subregulation may constitute an offence—see 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 68; and

(b)include the information set out in regulation 64(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 respect of a major hazard facility that is licensed or registered under the Occupational Health and Safety Regulations 2017.

68Authority to determine form and manner of notifications

(1)The Authority must determine the form and manner of a notification required under regulation 64, 65, 66 or 67.

(2)The Authority must publish the form for a notification under regulation 64, 65, 66 or 67 on its website.

69Authority to acknowledge notification

(1)On receiving a notification under regulation 64, 65, 66 or 67, the Authority must send the occupier of the premises or the person an acknowledgment of the notification.

(2)On receiving an acknowledgement under subregulation (1) that relates to a notification under regulation 64, 65 or 67, 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 64, 65 or 67.

Note

Contravention of this subregulation may constitute an offence—see sections 45 and 45A of the Act.

PART 7—SAVINGS AND TRANSITIONAL PROVISIONS

70GHS—transition period

Until 31 December 2022, a manufacturer or first supplier does not contravene a provision of these Regulations that requires compliance with the GHS if—

(a)the manufacturer or first supplier would not have contravened the provision had it required compliance with one of (but not a combination of) the third revised edition, fourth revised edition or fifth revised edition of the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations and as modified by Schedule 7 to the Occupational Health and Safety Regulations 2017 prior to the commencement of the Occupational Health and Safety Amendment Regulations 2020[8]; or

(b)for the purposes of that provision of these Regulations, the GHS contains an obligation to be complied with and there is no equivalent to that obligation in the third revised edition, fourth revised edition or fifth revised edition of the Globally Harmonized System of Classification and Labelling of Chemicals, published by the United Nations and as modified by Schedule 7 to the Occupational Health and Safety Regulations 2017 prior to the commencement of the Occupational Health and Safety Amendment Regulations 2020.

SCHEDULE 1—SERIES OF STANDARDS—AS/NZS 2106

Regulation 5

AS 2106.0-2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 0: General
AS/NZS 2106.1:1999	Methods for the determination of the flash point of flammable liquids (closed cup), Part 1: Abel closed cup method
AS 2106.2:2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 2: Determination of flash point—Pensky-Martens closed cup method
AS 2106.3:2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 3: Determination of flash/no flash—Rapid equilibrium closed cup method
AS 2106.4:2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 4: Determination of flash point—Rapid equilibrium closed cup method
AS 2106.5:2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 5: Determination of flash/no flash—Closed cup equilibrium method
AS 2106.6:2005	Methods for the determination of the flash point of flammable liquids (closed cup), Part 6: Determination of flash point—Closed cup equilibrium method

SCHEDULE 2—QUANTITIES OF DANGEROUS GOODS

Regulations 5, 44(1), 46, 47(1), 52(1), 53(1) and 67(1)

1For the purposes of the table in this Schedule, the Placarding Quantity, Manifest Quantity or Fire Protection Quantity is equal to the total of the quantities determined in accordance with regulation 11.

2In the table in this Schedule, kg or L, where it immediately follows numbers, means the combined total, determined in accordance with regulation 11, of—

(a)the number of kilograms of non-liquid dangerous goods; and

(b)the number of litres of liquid dangerous goods; and

(c)the capacity of containers of UN Class 2 dangerous goods.

3For the purposes of item 3 in the table in this Schedule, where UN Class 9 dangerous goods do not have a Packing Group assigned to them, they are taken to be assigned to Packing Group III.

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Item	Description of Dangerous Goods	Packing Group	Placarding Quantity	Manifest Quantity	Fire Protection Quantity
1	UN Class 2.1	N/A	500 L	5000 L	5000 L
UN Class 2.2 Subsidiary Hazard 5.1	N/A	2000 L	10 000 L	20 000 L
Other UN Class 2.2	N/A	5000 L	10 000 L	20 000 L
UN Class 2.3	N/A	50 L	500 L	2000 L
Aerosols	N/A	5000 L	10 000 L	20 000 L
Cryogenic Fluids	N/A	1000 L	10 000 L	20 000 L
2	UN Class 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1 or 8	I	50 kg or L	500 kg or L	2000 kg or L
II	250 kg or L	2500 kg or L	10 000 kg or L
III	1000 kg or L	10 000 kg or L	20 000 kg or L
Mixed Packing Groups in a single UN Class with the quantity of each Packing Group below the specified quantity for the Packing Group.	1000 kg or L	10 000 kg or L	20 000 kg or L
3	UN Class 9	II	1000 kg or L	10 000 kg or L	20 000 kg or L
III	5000 kg or L	10 000 kg or L	20 000 kg or L
Mixed Packing Groups in UN Class 9 with the quantity of each Packing Group below the specified quantity for the Packing Group.	5000 kg or L	10 000 kg or L	20 000 kg or L
4	Mixed UN Classes of dangerous goods where none of the UN Classes, types or Packing Groups (if any) present exceeds the quantities specified for the relevant quantity in items 1, 2 and 3 of this table.	N/A	5000 kg or L— the quantity only applies where the Placarding Quantity for an individual UN Class that is present is 5000 kg or L.	10 000 kg or L	20 000 kg or L
2000 kg or L— the quantity only applies where the Placarding Quantity for all of the Classes present is 2000 kg or L or less.
5	C1 combustible liquids stored and handled with fire risk dangerous goods where none of the UN Classes, types or Packing Groups (if any) present exceeds the relevant quantities in items 1, 2 or 3 of this table.	N/A	1000 L	10 000 L	20 000 L
6	Goods too dangerous to be transported that are not kept in a laboratory.	N/A	0 kg or L	0 kg or L	0 kg or L
7	C1 combustible liquids in bulk stored and handled in isolation from other dangerous goods.	N/A	10 000 L	100 000 L	100 000 L
C1 combustible liquids stored and handled in packages in isolation from other dangerous goods.	N/A	50 000 L	100 000 L	100 000 L
C1 combustible liquids in bulk and in packages stored and handled in isolation from other dangerous goods provided the quantity in bulk is 10 000 L or less.	N/A	50 000 L	100 000 L	100 000 L

SCHEDULE 3—INFORMATION TO BE CONTAINED IN A MANIFEST UNDER SECTION 30 OF THE ACT

Regulations 44(2) and 45

1General information

(1)The name of the occupier of the premises.

(2)The address of the premises.

(3)The date on which the manifest was prepared or last revised.

2Emergency contacts

Contact information for at least 2 persons who may be contacted in the event of an incident.

3Summary information about UN Classes of dangerous goods

A summary list that specifies the maximum quantity at the premises of—

(a)each Packing Group of each UN Class of dangerous goods that has Packing Groups; and

(b)each UN Class of dangerous goods that does not have Packing Groups; and

(c)C1 combustible liquids; and

(d)each type of goods too dangerous to be transported.

4Dangerous goods stored in bulk other than in IBCs

(1)In relation to each container (other than an IBC) and each other storage of dangerous goods in bulk at the premises—

(a)the identification number or code; and

(b)the type and capacity.

(2)In relation to dangerous goods that are—

(a)dangerous goods other than C1 combustible liquids or goods too dangerous to be transported—the proper shipping name, the UN Number and the UN Class of the dangerous goods; and

(b)C1 combustible liquids—the product name and the statement "Combustible Liquid"; and

(c)goods too dangerous to be transported—the name of the goods specified in Appendix A of the ADG Code and the statement "Goods too dangerous to be transported".

5Packaged dangerous goods and dangerous goods in IBCs

In relation to each storage area that contains packaged dangerous goods or dangerous goods in IBCs, and that is required to be placarded in accordance with Division 2 of Part 5—

(a)the identification number or code for the storage area; and

(b)for dangerous goods of Packing Group I or UN Class 2.3 that are likely to be kept in the area—

(i)the proper shipping name of the dangerous goods that are assigned to a UN Class; and

(ii)the UN Class; and

(iii)the maximum quantity of each of the dangerous goods likely to be kept; and

(c)for goods too dangerous to be transported that are likely to be kept in the area—

(i)the name of the dangerous goods specified in Appendix A of the ADG Code; and

(ii)the statement "Goods too dangerous to be transported"; and

(iii)the maximum quantity of each of the dangerous goods likely to be kept; and

(d)for other dangerous goods that are likely to be kept in the area—

(i)for dangerous goods with an assigned UN Class—the UN Class for the dangerous goods; and

(ii)for C1 combustible liquids—the statement "Combustible Liquid"; and

(iii)in any case, the maximum quantity of each UN Class and the maximum quantity of C1 combustible liquids.

6Dangerous goods in manufacture

In relation to each area where dangerous goods are manufactured—

(a)the identification number or code of the manufacturing area; and

(b)for dangerous goods with an assigned UN Class—

(i)the UN Class of each type of dangerous goods; and

(ii)the maximum quantity of each UN Class; and

(c)for goods too dangerous to be transported—

(i)the statement "Goods too dangerous to be transported"; and

(ii)the maximum quantity of those goods; and

(d)for C1 combustible liquids—

(i)the statement "C1 combustible liquid"; and

(ii)the maximum quantity of C1 combustible liquids.

7Dangerous goods in transit

If, in relation to any dangerous goods in transit at the premises, there are dangerous goods transportation documents that comply with the ADG Code available for the goods, the information required by clauses 3, 4 and 5 may be provided in the form of a compilation of those transportation documents.

8Plan of premises

A plan of the premises that—

(a)shows the location of—

(i)the containers and other storages of dangerous goods in bulk referred to in clause 4; and

(ii)the storage areas for packaged dangerous goods and dangerous goods in IBCs referred to in clause 5; and

(iii)the areas referred to in clause 6 where dangerous goods are manufactured; and

(b)includes a description in words of the location of—

(i)the items referred to in paragraph (a); and

(ii)areas where dangerous goods in transit may be located; and

(c)provides the identification number or code for the items referred to in paragraph (b); and

(d)provides a legend for the identification numbers and codes referred to in paragraph (c); and

(e)shows the location of—

(i)the main entrance and the other points of entry to the premises; and

(ii)essential site services, including fire services and isolation points for fuel and power; and

(iii)the manifest; and

(iv)all drains on the site; and

(f)describes the nature of the occupancy of adjoining sites or premises.

SCHEDULE 4—PLACARDING REQUIREMENTS

Regulations 46 and 47(3)

1Outer warning placard

(1)The outer warning placard required by regulation 46 must have—

(a)the form shown in Figure 1; and

(b)dimensions not less than those shown in Figure 1.

(2)The placard must display the word "HAZCHEM" in red letters not less than 100 mm high and of the style shown in Figure 1, on a white or silver background.

(3)For the purposes of subclause (2), red means the colour Signal Red in accordance with AS 2700S:2011 (R13).

Figure 1—Form and dimensions of an outer warning placard

2Placard for dangerous goods in bulk of UN Class 2.1, 2.2, 2.3, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 or 9

(1)Subject to clause 3(5), the placard required by regulation 47 for dangerous goods in bulk of UN Class 2.1, 2.2, 2.3, 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 or 9 must have—

(a)the form shown in Figure 2; and

(b)dimensions not less than those shown in Figure 2.

(2)The placard must contain the following information—

(a)in space (p) in Figure 2, the proper shipping name;

(b)in space (q) in Figure 2, the UN Number;

(c)in space (r) in Figure 2, the Hazchem Code for the dangerous goods specified in the ADG Code;

(d)in space (s) in Figure 2, the Class label and Subsidiary Hazard label, if any.

(3)For the purposes of subclause (2)(d)—

(a)the Class label and the Subsidiary Hazard label, if any, must have the form and colouring specified in the ADG Code; and

(b)if there is more than one Subsidiary Hazard label, the width of the right hand portion of the placard may be extended.

3Placard for dangerous goods in bulk that are goods too dangerous to be transported

(1)The placard required by regulation 47 for dangerous goods in bulk that are goods too dangerous to be transported must have—

(a)the form shown in Figure 2; and

(b)dimensions not less than those shown in Figure 2.

(2)The placard must contain the following information—

(a)in space (p) in Figure 2, the name for the goods specified in Appendix A of the ADG Code;

(b)in space (s) in Figure 2, the label specified in Figure 4.

(3)The placard must be left blank in space (q) and in space (r) in Figure 2.

Figure 2—Template for a placard for dangerous goods (other than C1 combustible liquids) in bulk

(4)In relation to Figure 2, the numerals and letters used for showing the proper shipping name or the name of the goods, the UN Number and the Hazchem Code must be—

(a)black on a white background, other than where a letter of the Hazchem Code is white on a black background; and

(b)at least 100 mm high or, if the proper shipping name requires 2 lines to be used, at least 50 mm high.

(5)An Emergency Information Panel of a size and layout that accords with the ADG Code for the dangerous goods and that contains the information required by this clause or clause 2 may be used as a placard for the storage of dangerous goods in bulk instead of the placards referred to in subclause (1) or clause 2(1).

4Placard for packaged dangerous goods other than C1 combustible liquids

(1)The placard required by regulation 47 for packaged goods other than C1 combustible liquids must—

(a)have the form shown in Figure 3; and

(b)be of sufficient size to accommodate the labels to be displayed on it.

(2)The placard must have a white or silver background.

(3)The placard must display—

(a)for dangerous goods present in the storage area (other than goods too dangerous to be transported)—

(i)the corresponding Class label for each UN Class of dangerous goods present in a quantity that exceeds the quantity specified in column 4 in the table in Schedule 2; and

(ii)if the total quantity of mixed UN Classes of dangerous goods exceeds the mixed UN Classes quantity specified in column 4 in item 4 of the table in Schedule 2—

(A)a Class label for each UN Class of dangerous goods present that exceeds 50% of the quantity specified for the UN Class in item 1, 2 or 3 of the table; or

(B)if no other Class label is required, a mixed Class label; and

(iii)for C1 combustible liquids and fire risk dangerous goods in an aggregate quantity exceeding 1000 kg or L—a UN Class 3 Class label; and

(b)for goods too dangerous to be transported present in the storage area—the label specified in Figure 4.

Figure 3—Form and dimensions of a placard for storages of packaged dangerous goods

Note

The Class label, mixed Class label and the label required by clause 4(3) must have sides at least 100 mm long.

Figure 4—Form of a label for goods too dangerous to be transported

5Placard for C1 combustible liquids (in bulk and in packages)

A placard for C1 combustible liquids in bulk and in packages must display the words "COMBUSTIBLE LIQUID"— 

(a)as shown in Figure 5; and

(b)in black letters that are not less than 100 mm high; and

(c)in the style shown in Figure 5; and

(d)on a white or silver background.

Figure 5—Placard for C1 combustible liquids

SCHEDULE 5—LIST OF DANGEROUS GOODS OF UN CLASS 2.2 NOT PRESCRIBED DANGEROUS GOODS FOR THE PURPOSES OF SECTION 32 OF THE ACT

Regulation 59(1)

Dangerous goods of UN Class 2.2 that are not prescribed for the purposes of section 32(2)(a) of the Act—

UN No.	Description
1003	AIR, REFRIGERATED LIQUID
1015	CARBON DIOXIDE AND NITROUS OXIDE MIXTURES
1014	CARBON DIOXIDE AND OXYGEN MIXTURES
1070	NITROUS OXIDE, COMPRESSED
2201	NITROUS OXIDE, REFRIGERATED LIQUID
1072	OXYGEN, COMPRESSED
1073	OXYGEN, REFRIGERATED LIQUID
1080	SULPHUR HEXAFLUORIDE

═════════════

ENDNOTES

1   General information

The Dangerous Goods (Storage and Handling) Regulations 2022, S.R. No. 115/2022 were made on 11 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation on 26 November 2022: regulation 3.

The Dangerous Goods (Storage and Handling) Regulations 2022 will sunset 10 years after the day of making on 11 October 2032 (see section 5 of the Subordinate Legislation Act 1994).

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Dangerous Goods (Storage and Handling) Regulations 2022 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023, S.R. No. 103/2023

Date of Making:	26.9.23
Date of Commencement:	Reg. 16 on 1.10.23: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 4(a): S.R. No. 132/2012 as amended by S.R. Nos 56/2014, 91/2015, 22/2017, 155/2018, 140/2020 and 49/2021.

[2] Reg. 4(b): S.R. No. 56/2014.

[3] Reg. 4(c): S.R. No. 140/2020.

[4] Reg. 4(d): S.R. No. 49/2021.

[5] Reg. 5 def. of GHS: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020, 8/2021, 88/2021, 112/2021, 137/2021 and 53/2022.

[6] Reg. 5 def. of goods too dangerous to be transported: S.R. No. 155/2018 as amended by S.R. No. 27/2021.

[7] Reg. 6(b): S.R. No. 41/2022.

[8] Reg. 70(a): S.R. No. 141/2020.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of Class label	ADG Code	Part 5
Regulation 5—definition of control temperature	Manual of Tests and Criteria, seventh revised edition, published by the United Nations in 2019, as amended from time to time ADG Code	The whole Part 2

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5—definition of fire point	AS 1940:2017	Clause 1.4.23
Regulation 5—definition of flash point	AS/NZS 2106	The whole
Regulation 5—definition of GHS	Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017	The whole
Regulation 5—definition of hazardous area	AS/NZS 60079.10.1:2009	The whole
Regulation 5—definition of proper shipping name	ADG Code	Parts 2 and 3
Regulation 5—definition of Subsidiary Hazard label	ADG Code	Chapter 5.2 of Part 5
Regulation 5—definition of UN Number or UN No.	ADG Code	Clause 2.0.2 and Part 3
Regulation 6(i)	ADG Code	Part 3
Regulation 6(j)(v)	ADG Code	Part 3
Regulation 13(2)(b)	AS 1940:2017	Clause 1.4.9
Regulation 19(2)(f)	ADG Code	Appendix A

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 38(2)(b)(i)	Workplace Exposure Standards for Airborne Contaminants, published by Safe Work Australia on its Internet site, as amended from time to time	The whole
Regulation 47(2)(a)	ADG Code	Part 5
Regulation 58(2)	ADG Code	Part 5
Schedule 3, clause 4(2)(c)	ADG Code	Appendix A
Schedule 3, clause 5(c)(i)	ADG Code	Appendix A
Schedule 3, clause 7	ADG Code	Part 11
Schedule 4, clause 1(3)	AS 2700S:2011 (R13)	The whole
Schedule 4, clauses 2(2)(c), 2(3)(a), 3(2)(a) and 3(5)	ADG Code	Chapter 5.3 of Part 5
Schedule 4—text attached to Figure 4	AS 2700S:2011 (R13) AS 2700S:2011 (Y11)	The whole The whole