Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023 (Vic)

Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023

S.R. No. 103/2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Amendment of Dangerous Goods (Transport by Road or Rail) Regulations 2018

5Definitions

6Regulation 10 substituted

7Regulation 15 substituted

8New regulation 22A inserted

9Regulation 38 revoked

10Loaders

11Manufacturers—compliance plates on portable tanks, MEGCs and tank vehicles

12Regulations 89 to 93 amended—substitution of references to Chapter 6.9 of the ADG Code

13Prime contractors duties—retention of documents

14Emergency plans

15Issue of dangerous goods vehicle licence

Part 3—Amendment of Dangerous Goods (Storage and Handling) Regulations 2022

16Determination of dangerous goods

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Endnotes

STATUTORY RULES 2023

S.R. No. 103/2023

Dangerous Goods Act 1985

Dangerous Goods (Transport by Road or Rail) and (Storage and Handling) Amendment Regulations 2023

The Governor in Council makes the following Regulations:

Dated: 26 September 2023

Responsible Minister:

DANNY PEARSON
Minister for WorkSafe and the TAC

SAMUAL WALLACE

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to amend the Dangerous Goods (Transport by Road or Rail) Regulations 2018 to align those Regulations with the Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail; and

(b)to amend the Dangerous Goods (Storage and Handling) Regulations 2022 in relation to determining whether goods are dangerous goods.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2023.

4Principal Regulations

In these Regulations, the Dangerous Goods (Transport by Road or Rail) Regulations 2018[1] are called the Principal Regulations.

PART 2—AMENDMENT OF DANGEROUS GOODS (TRANSPORT BY ROAD OR RAIL) REGULATIONS 2018

5Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

"intermediate packaging has the same meaning as in section 1.2.1 of the ADG Code;

Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to infrastructure and transport;

rail tank wagon means a rail wagon of which a tank forms an integral part;

rail wagonmeans a unit of rolling stock that—

(a)is designed to carry freight by rail; and

(b)bears a unique identifying number or alphanumeric identifier;".

(2)In regulation 5 of the Principal Regulations—

(a)for the definition of freight container substitute—

"freight container means a container that—

(a)is of a permanent character suitable for repeated use; and

(b)is designed to facilitate the transport of goods by one or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and

(c)is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and

(d)is designed in a way that facilitates the ease of loading and unloading of goods from the container; and

(e)if used to transport goods other than radioactive material, has an internal volume of not less than 1 m³;";

(b)for the definition of inner packaging substitute—

"inner packaging has the same meaning as in section 1.2.1 of the ADG Code;";

(c)for the definition of large packaging substitute—

"large packaging means packaging that—

(a)consists of outer packaging that contains articles or inner packaging; and

(b)is designed for mechanical handling; and

(c)has—

(i)a net mass of more than 400 kg or a capacity of more than 450 litres; and

(ii)a volume of not more than 3 m³;";

(d)for the definition of outer packaging substitute—

"outer packaging has the same meaning as in section 1.2.1 of the ADG Code;";

(e)for the definition of overpack substitute—

"overpack means an enclosure, other than large packaging, used to contain one or more packages in a way that forms one unit for convenience of stowage and handling during transport;

Examples

·an enclosure comprised of packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way;

·an enclosure comprised of packages placed in protective outer packaging like a box or crate.";

(f)for the definition of packaging substitute—

"packaging includes—

(a)inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container, a freight container, a drum, a barrel, a jerry can, a box and a bag; and

(b)any other components or materials used for containing the contents of the packaging or to perform another safety function in relation to the transport of the packaging and its contents;";

(g)for the definition of portable tank substitute—

"portable tank means a tank, used for the transport of a solid, liquid or gas, that—

(a)includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and

(b)is capable of being loaded and unloaded without removing its structural equipment; and

(c)has stabilising components external to its shell and is capable of being lifted when full; and

(d)is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and

(e)if used for transporting a substance of UN Class 1 and UN Class 3 to 9, is a multimodal tank; and

(f)if used for transporting non‑refrigerated, liquefied gases of UN Class 2, is a multimodal tank having a capacity of more than 450 litres; and

(g)if used for transporting refrigerated, liquefied gases of UN Class 2, is a thermally insulated tank having a capacity of more than 450 litres—

but does not include a tank, container or other item specified in section 1.2.1 of the ADG Code as an item not considered to be a portable tank;";

(h)for the definition of tube substitute—

"tube means a pressure receptacle of seamless or composite construction having a water capacity of more than 150 litres but not more than 3000 litres;".

(3)In regulation 5 of the Principal Regulations, in the definition of food packaging—

(a)in paragraph (b), for "food;" substitute "food; or";

(b)after paragraph (b) insert—

"(c)plastic wrapping intended for the packaging of food;".

(4)In regulation 5 of the Principal Regulations, the definitions of dangerous goods and Transport and Infrastructure Council are revoked.

6Regulation 10 substituted

For regulation 10 of the Principal Regulations substitute—

"10   Meaning of bulk container

(1)A bulk container is a system for containing solid substances, including any liner or coating of the system, that—

(a)is designed for transporting solid substances that are in direct contact with the system; and

(b)is of a permanent character suitable for repeated use; and

(c)is designed to facilitate the transport of solid substances by one or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another; and

(d)is fitted with devices that permit ready handling; and

(e)has a capacity of not less than 1 m³.

Examples

Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers.

(2)Despite subregulation (1), the following are not bulk containers—

(a)an IBC;

(b)large packaging;

(c)a portable tank.".

7Regulation 15 substituted

For regulation 15 of the Principal Regulations substitute—

"15   References to tank

(1)Unless the context otherwise requires, a reference in these Regulations to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon or a receptacle used to contain a solid, liquid or gas.

(2)Despite subregulation (1), a reference in these Regulations to a tank does not include an item mentioned in subregulation (1) that—

(a)is used to transport a gas (as defined in section 2.2.1.1 of the ADG Code); and

(b)has a capacity of less than 450 litres.".

8New regulation 22A inserted

Before regulation 23 of the Principal Regulations insert—

"22A   Regulations apply in relation to certain goods

(1)These Regulations apply in relation to goods, dangerous or otherwise, that—

(a)are determined by the Authority to be dangerous goods for the purposes of regulation 30(2); or

(b)satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code.

(2)Despite subregulation (1)(b), goods that satisfy the dangerous goods classification criteria set out, or referred to, in Part 2 of the ADG Code are not goods in relation to which these Regulations apply if—

(a)the goods are determined by the Authority not to be dangerous goods for the purposes of regulation 30(2); or

(b)the goods are described as not subject to the ADG Code, in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List in Chapter 3.2 of the ADG Code, and any condition included in that description is met.".

9Regulation 38 revoked

Regulation 38 of the Principal Regulations is revoked.

10Loaders

In regulation 63 of the Principal Regulations, after "defective" insert "to the extent that it is not safe to use to transport the goods".

11Manufacturers—compliance plates on portable tanks, MEGCs and tank vehicles

(1)For regulation 67(1) and (2) of the Principal Regulations substitute—

"(1)A person who manufactures a portable tank made of fibre reinforced plastic for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with Chapter 6.7 and section 6.9.2.10 of the ADG Code.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(1A)A person who manufactures a portable tank that is not made of fibre reinforced plastic for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with Chapter 6.7 of the ADG Code.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(1B)A person who manufacturers an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with Chapter 6.7 of the ADG Code.

Penalty:In the case of a natural person, 35 penalty units;

In the case of a body corporate, 175 penalty units.

(2)A person who manufactures a portable tank made of fibre reinforced plastic for use in the transport of dangerous goods is not required to comply with subregulation (1) if—

(a)Chapter 6.7 and section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate; and

(b)the tank is marked as required by that Chapter and section.

(2A)A person who manufactures a portable tank that is not made of fibre reinforced plastic for use in the transport of dangerous goods is not required to comply with subregulation (1A) if—

(a)Chapter 6.7 of the ADG Code permits the marking of the tank instead of the attachment of a compliance plate; and

(b)the tank is marked as required by that Chapter.".

(2)In regulation 67(3) of the Principal Regulations, for "6.9.2.2" substitute "6.10.2.2".

12Regulations 89 to 93 amended—substitution of references to Chapter 6.9 of the ADG Code

In regulations 89, 90, 91, 92 and 93 of the Principal Regulations, for "6.9" substitute "6.10".

13Prime contractors duties—retention of documents

(1)In regulation 133(1) and (2) of the Principal Regulations, after "paper" insert "or electronic".

(2)In regulation 133(2) of the Principal Regulations, after "emergency service" insert "at any time".

14Emergency plans

In regulation 156(1) of the Principal Regulations, in the definition of emergency plan, for "Transport and Infrastructure" substitute "Ministerial".

15Issue of dangerous goods vehicle licence

In regulation 213(2)(b) of the Principal Regulations, for "6.9" substitute "6.10".

PART 3—AMENDMENT OF DANGEROUS GOODS (STORAGE AND HANDLING) REGULATIONS 2022

16Determination of dangerous goods

(1)In regulation 13(2)(a) of the Dangerous Goods (Storage and Handling) Regulations 2022[2], for "regulation 38 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018" substitute "whether the Dangerous Goods (Transport by Road or Rail) Regulations 2018 apply in relation to the goods".

(2)At the foot of regulation 13(2)(a) of the Dangerous Goods (Storage and Handling) Regulations 2022 insert—

"Note

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

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ENDNOTES

[1] Reg. 4: S.R. No. 155/2018 as amended by S.R. No. 27/2021.

[2] Reg. 16(1): S.R. No. 115/2022.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

ADG Code Edition 7.8 means the Australian Code for the Transport of Dangerous Goods by Road & Rail, published by the National Transport Commission, Edition 7.8, 2022 published in March 2023;

Principal Regulations means the Dangerous Goods (Transport by Road or Rail) Regulations 2018.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 which amends regulation 5 of the Principal Regulations	ADG Code Edition 7.8	Section 1.2.1
Regulation 7 which substitutes regulation 15 of the Principal Regulations	ADG Code Edition 7.8	Section 2.2.1.1
Regulation 8 which inserts regulation 22A in the Principal Regulations	ADG Code Edition 7.8	Part 2 and Chapters 3.2 and 3.3
Regulation 11 which amends regulation 67 of the Principal Regulations	ADG Code Edition 7.8	Chapter 6.7 and sections 6.9.2.10 and 6.10.2.2
Regulation 12 which amends regulations 89, 90, 91, 92 and 93 of the Principal Regulations	ADG Code Edition 7.8	Chapter 6.10

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 15 which amends regulation 213(2)(b) of the Principal Regulations	ADG Code Edition 7.8	Chapter 6.10