Dangerous Substances (Dangerous Goods Transport) Variation Regulations 2019 (SA)
South Australia
Dangerous Substances (Dangerous Goods Transport) Variation Regulations 2019
under the Dangerous Substances Act 1979
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Dangerous Substances (Dangerous Goods Transport) Regulations 2008
4 Variation of regulation 3—Scope of Act and regulations
5 Variation of regulation 4—Interpretation
6 Variation of regulation 14—Subsidiary Hazard
7 Variation of regulation 54—Seller's and supplier's duties
8 Variation of regulation 69—Consignor's duties
9 Variation of regulation 70—Packer's duties
10 Variation of regulation 74—Appropriately marked and labelled
11 Variation of regulation 91—Interpretation
12 Variation of regulation 92—Owner's duties
13 Variation of regulation 93—Consignor's duties
14 Variation of regulation 94—Loader's duties
15 Variation of regulation 95—Prime contractor's and rail operator's duties
16 Variation of regulation 96—Driver's duties
17 Variation of regulation 101—Application of Part
18 Variation of regulation 102—Exceptions
19 Variation of regulation 132—Control of ignition sources
20 Variation of regulation 155—Determinations
Part 1—Preliminary
1—Short title
These regulations may be cited as the Dangerous Substances (Dangerous Goods Transport) Variation Regulations 2019.
2—Commencement
These regulations come into operation on 1 July 2019.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Dangerous Substances (Dangerous Goods Transport) Regulations 2008
4—Variation of regulation 3—Scope of Act and regulations
Regulation 3(4)—delete "less" and substitute:
no more
Regulation 3(5)(g)—after "Chapter 3.4" insert:
or 3.5
5—Variation of regulation 4—Interpretation
Regulation 4(1), definition of Subsidiary Risk—delete the definition and substitute:
Subsidiary Hazard—see regulation 14;
6—Variation of regulation 14—Subsidiary Hazard
Regulation 14—delete "Subsidiary Risk" wherever occurring and substitute in each case:
Subsidiary Hazard
7—Variation of regulation 54—Seller's and supplier's duties
Regulation 54(a)—after "Chapter 3.4" insert:
or 3.5
Regulation 54(b)—after "Chapter 3.4" insert:
or 3.5
8—Variation of regulation 69—Consignor's duties
Regulation 69(b)—delete "Chapter 3.4 of the ADG Code (which applies only if the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods)." and substitute:
—
(i)Chapter 3.4 of the ADG Code (which applies only if the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods); or
(ii)Chapter 3.5 of the ADG Code (which applies only if the quantity of dangerous goods in each inner and outer packaging does not exceed the quantity specified, or referred to, in column 7b of the Dangerous Goods List for those goods).
9—Variation of regulation 70—Packer's duties
Regulation 70(2)(a)—delete "each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods—Chapter 3.4 of the ADG Code; or" and substitute:
—
(i)each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods—Chapter 3.4 of the ADG Code; or
(ii)each inner and outer packaging does not exceed the quantity specified, or referred to, in column 7b of the Dangerous Goods List for those goods—Chapter 3.5 of the ADG Code; or
10—Variation of regulation 74—Appropriately marked and labelled
Regulation 74—after subregulation (3) insert:
(4)A package of dangerous goods that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code.
(5)For the purposes of subregulation (4), dangerous goods are packed in excepted quantities if—
(a)the goods are assigned to code EI, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and
(b)the goods are packed in accordance with Chapter 3.5 of the ADG Code; and
(c)the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
11—Variation of regulation 91—Interpretation
Regulation 91—delete "In this Division" and substitute:
In this Part
Regulation 91(e)—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
Regulation 91—after its present contents (now to be designated as subregulation (1)) insert:
(2)This Part also applies to the transport of empty dangerous goods packaging, and a reference in this Part to dangerous goods to which this Part applies includes a reference to empty dangerous goods packaging.
(3)In this regulation—
empty dangerous goods packaging means—
(a)unused pre‑labelled packaging intended for use with dangerous goods; and
(b)packaging that has been used for dangerous goods and is nominally empty.
12—Variation of regulation 92—Owner's duties
Regulation 92—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
13—Variation of regulation 93—Consignor's duties
Regulation 93—after "Chapter 7.1" insert:
or 7.2
14—Variation of regulation 94—Loader's duties
Regulation 94—after "Chapter 7.1" insert:
or 7.2
15—Variation of regulation 95—Prime contractor's and rail operator's duties
Regulation 95(1)—after "Chapter 7.1" insert:
or 7.2
Regulation 95(2)—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
16—Variation of regulation 96—Driver's duties
Regulation 96—delete "dangerous" second occurring
Regulation 96—after "Chapter 7.1" insert:
or 7.2
17—Variation of regulation 101—Application of Part
Regulation 101(b)—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
18—Variation of regulation 102—Exceptions
Regulation 102(1)(b) and (c)—delete paragraphs (b) and (c) and substitute:
(b)the quantity of dangerous goods in—
(i)each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods; or
(ii)each inner and outer packaging does not exceed the quantity specified, or referred to, in column 7b of the Dangerous Goods List for those goods; and
(c)the goods—
(i)in the case of goods referred to in paragraph (b)(i)—are packed in accordance with Chapter 3.4 of the ADG Code; or
(ii)in the case of goods referred to in paragraph (b)(ii)—are packed in accordance with Chapter 3.5 of the ADG Code.
19—Variation of regulation 132—Control of ignition sources
Regulation 132(1)(b)—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
20—Variation of regulation 155—Determinations
Regulation 155(1)(a)(iii)—delete "Subsidiary Risk" and substitute:
Subsidiary Hazard
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 23 May 2019
No 48 of 2019
T&F19/044CS
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