Dangerous Goods (Transport) (Amendment) Regulations 1998 (Vic)

Dangerous Goods (Transport) (Amendment)

Regulations 1998

S.R. No. 24/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Definitions	2
5.	Substitution of regulation 300 and insertion of regulations 301
and 302	5

300.  Dangerous goods to be transported in accordance with the

Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) and Transport Code including the Rail (Dangerous Goods) Rules 5

301.  Certain provisions and definitions to prevail over these

Regulations if conflict exists 7

302. Transitional arrangements for compliance 7

6.	Amendment of regulation 411	7
7.	Amendment of regulation 445	7

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NOTES 9

i

STATUTORY RULES 1998

S.R. No. 24/1998

Dangerous Goods Act 1985

Dangerous Goods (Transport) (Amendment)

Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 24 March 1998

Responsible Minister:

ROGER M. HALLAM

Minister for Finance

CON CHARA

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend certain definitions and to maintain nationally consistent requirements in relation to the transport of dangerous goods.

2. Authorising provision

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

3. Principal Regulations

In these Regulations, the Dangerous Goods
(Transport) Regulations 19871 are called the
Principal Regulations.

Dangerous Goods (Transport) (Amendment) Regulations 1998

r. 4 S.R. No. 24/1998

4. Definitions

In Regulation 104 of the Principal Regulations—

(a) for the definition of "Act" substitute— ' "Act" means, subject to sub-regulation (2),

the Dangerous Goods Act 1985;';

(b)	in the definition of "approved", for "Director-General" substitute "Authority";
(c)	for the definition of "approval" substitute— ' "approval" means, subject to sub-

regulation (2), a statement in writing
issued by the Authority setting out
details of any act, matter or thing which

is approved;';

(d) for the definition of "AS" substitute— ' "AS" or "AS/NZS" followed by a group of

numerals or a group of one or more
letters and one or more numerals means
the particular Australian Standard or
Australian/New Zealand Standard so
identified and which is published by the
Standards Association of Australia, as
amended from time to time;

"bulk" means any quantity for a given Class

of dangerous goods greater than the
quantities for that Class specified in the
definition of "packaged dangerous
goods";';

(e)

for the definition of "bulk container" ' "bulk container" means an intermediate

bulk container or another container
capable of transporting dangerous
goods in bulk, other than a tank that
forms part of a vehicle;';

Dangerous Goods (Transport) (Amendment) Regulations 1998

S.R. No. 24/1998 r. 4

(f)

for the definition of "freight container" ' "freight container" means a re-usable

container of the kind mentioned in AS/NZS 3711 that is designed for repeated use for the transport of goods

by 1 or more modes of transport;';

(g)

for the definition of "intermediate bulk ' "intermediate bulk container" means a

rigid or flexible portable packaging for the transport of dangerous goods that—

(a) has a capacity of not more than—

(i) packed in a composite,
fibreboard, flexible, wooden

for solids of Packing Group I 1500 litres; or

(ii)

for solids of Packing Group I 3000 litres; or

(iii)

for solids or liquids of 3000 litres; and

(b)	is designed for mechanical handling; and
(c)

is resistant to the stresses transport;';

(h) for the definition of "packaging" substitute—

Dangerous Goods (Transport) (Amendment) Regulations 1998

r. 4 S.R. No. 24/1998

' "packaging", in relation to dangerous

goods, means the container in which
the goods are received or held for
transport by road and includes anything
that enables the container to receive or

hold the goods or be closed;';

(i)

for the definition of "package dangerous ' "packaged dangerous goods" means—

(a)	in relation to dangerous goods of Class 2, dangerous goods in a container with a capacity of not more than 500 litres; or
(b)	in relation to dangerous goods of another class, dangerous goods in a container with a capacity of not more than 450 litres and a net
mass of not more than 400 kilograms;';

(j)

for the definition of "semi-trailer" ' "semi-trailer" means a trailer having 1

axle group, or a single axle, towards the
rear of the trailer and a means of
attachment to a prime mover that, once
attached, results in some of the load

being imposed on the prime mover;';

(k)

for the definition of "tank container" ' "tank container" means a container of the

kind mentioned in AS/NZS 3711 that is
designed for repeated use in the
transport of goods in bulk by one or
more modes of transport;';

Dangerous Goods (Transport) (Amendment) Regulations 1998

S.R. No. 24/1998 r. 5

(l)	the definition of "transport in bulk" is revoked;
(m)	at the end of the regulation insert— '(2) For the purposes of determining the

meaning of "Act" and "approval" in the
instruments referred to in regulation
300(1), the definition of those terms in
the instruments applies.'.

5.  Substitution of regulation 300 and insertion of regulations 301 and 302

For regulation 300 of the Principal Regulations
substitute—

'300. Dangerous goods to be transported in

accordance with the Road Transport
Reform (Dangerous Goods) Regulations
(Commonwealth) and Transport Code
including the Rail (Dangerous Goods)
Rules

(1) Subject to sub-regulations (3) and (4), the provisions of the—

(a)	Road Transport Reform (Dangerous Goods) Regulations (Commonwealth)2; and
(b)

Transport Code, including the Rail schedule to the 6th Edition of that Code—

must be complied with in relation to the transport of dangerous goods, other than dangerous goods of Class 1, Class 6.2 or Class 7.

(2) A reference in this regulation to a provision

in the Road Transport Reform (Dangerous
Goods) Regulations (Commonwealth) is also

Dangerous Goods (Transport) (Amendment) Regulations 1998

r. 5 S.R. No. 24/1998

a reference to the provision (if any) with the same number in the Rail (Dangerous Goods) Rules.

(3) The following provisions in the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) are not incorporated by this regulation—

(a) regulations 1.1, 1.2, 1.3, 1.12, 1.13, 1.14, 1.15, 1.28 and 1.32; and

(b) regulations 14.1, 14.2 and 14.3; and

(c) regulation 17.3; and

(d) all of Parts 18, 19, 20, 21, 22 and 23; and

(e) regulation 24.1; and
(f) Schedules 1 and 2.

(4) Regulations 14.6 and 14.7 of the Road Transport Reform (Dangerous Goods) Regulations (Commonwealth) have effect as

if they did not include any reference to an
authorised officer.

(5) Any references in the instruments referred to in sub-regulation (1) to—

(a)	"Competent Authority" is a reference to the Authority; or
(b)	"authorised officer" is a reference to an inspector or a delegate under section 14(3) of the Dangerous Goods Act 1985.

(6) In addition to the provisions of regulation

24.8 and 24.9 of the Road Transport Reform
(Dangerous Goods) Regulations
(Commonwealth), any licence issued under
these Regulations and in force immediately

Dangerous Goods (Transport) (Amendment) Regulations 1998

S.R. No. 24/1998 r. 6

before the commencement of the Dangerous period of that licence or until it is revoked by the Authority.
Goods (Transport) (Amendment)

301.  Certain provisions and definitions to prevail over these Regulations if conflict exists

If there is an inconsistency between any provision or definition in these Regulations and any provision or definition in the instruments referred to in regulation 300(1), and incorporated by these Regulations, the provision or definition in the instruments prevails to the extent of the inconsistency.

302.  Transitional arrangements for compliance A person does not contravene a provision of these Regulations in relation to the transport of dangerous goods before 1 October 1998 if the person complies with the requirements of these Regulations as in force on

31 December 1997 3.".

6. Amendment of regulation 411

For regulation 411(2)(b) of the Principal
Regulations substitute—

"(b) to the transport of LP Gas in or on a public

passenger-carrying vehicle when the total
capacity of all containers of LP Gas on that
vehicle is less than 250 litres and no LP Gas
cylinder has a capacity of more than 2.5

litres; or".

7. Amendment of regulation 445

For regulation 445(1) of the Principal Regulations substitute—

Dangerous Goods (Transport) (Amendment) Regulations 1998
S.R. No. 24/1998

"(1) A person must not transfer dangerous goods

of Class 3 or Subsidiary Risk Category 3
from a road tank vehicle or a bulk container
into any container if, by so doing, those
dangerous goods would become packaged
dangerous goods.".

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Dangerous Goods (Transport) (Amendment) Regulations 1998

S.R. No. 24/1998 Notes

NOTES

1 Reg. 3: S.R. No. 369/1987. Reprint (No. 3) as at 5 December 1997.

2 Reg. 5: S.R. 1997 No. 241.

3 Reg. 5: This provision allows a transition period where a person may chose

to comply with these Regulations as in force on 31 December 1997 (when
the Regulations incorporated version 5 of the Transport Code) or to comply
with the Regulations as amended by the Dangerous Goods (Transport)

(Amendment) Regulations 1998 which incorporate version 6 of that Code.

———————
Table of Applied, Adopted or Incorporated Matter Required by

Subordinate Legislation Regulations 1994

Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate

Legislation Regulations 1994.

Statutory Rule	Title of applied, adopted or	Matter in applied,
Provision	incorporated document	adopted or incorporated document
Regulations 4(f)	AS/NZS 3711—Freight	Whole of document
and 4(k)	Containers
Regulation 5	Road Transport Reform	Whole of document
(Dangerous Goods)	except regulations 1.1,
Regulations	1.2, 1.3, 1.12, 1.13,
(Commonwealth) S.R. 1997	1.14, 1.15, 1.28, 1.32,
No. 241	14.1, 14.2, 14.3, 17.3 and 24.1, Parts 18, 19, 20, 21, 22 and 23 and Schedules 1 and 2
Regulation 5	Transport Code within the	Whole of document
meaning of the Dangerous Goods Act 1985

Dangerous Goods (Transport) (Amendment) Regulations 1998

S.R. No. 24/1998

NOTES—continued

Regulation 5	Rail (Dangerous Goods)	Whole of document
Rules forming a schedule to	except rules 1.1, 1.2,
the 6th Edition of the	1.3, 1.32, 14.1, 14.2,
Transport Code within the	14.3, 17.3 and 24.1
meaning of the Dangerous	and Parts 19, 20 and
Goods Act 1985	22