Untitled document

Dangerous Goods (Explosives) and (Transport by Road or Rail) Amendment Regulations 2013

S.R. No. 125/2013

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4General exemptions

5Maximum vehicle load

6Definitions

7Emergency plans

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 125/2013

Dangerous Goods Act 1985

Dangerous Goods (Explosives) and (Transport by Road or Rail) Amendment Regulations 2013

The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 15 October 2013

Responsible Minister:

GORDON RICH-PHILLIPS
Assistant Treasurer

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are—

(a)to amend the Dangerous Goods (Explosives) Regulations 2011 to exclude certain safety-related items; and

(b)to amend the Dangerous Goods (Explosives) Regulations 2011 and the Dangerous Goods (Transport by Road or Rail) Regulations 2008 as a consequence of the application of the Heavy Vehicle National Law as a law of Victoria.

2Authorising provision

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

3Commencement

(1)These Regulations (except regulations 5, 6 and 7) come into operation on the day on which they are made.

(2)Regulations 5, 6 and 7 come into operation on the commencement of section 4 of the Heavy Vehicle National Law Application Act 2013.

4General exemptions

For regulation 6(1) of the Dangerous Goods (Explosives) Regulations 2011[1] substitute—

"(1)Nothing in these Regulations is intended to apply to safety and emergency systems, equipment and devices (other than distress signals) that are activated by explosives.

Examples

Explosives-activated air bag inflators, air bag modules, seat belt pretensioners, fire sprinkler systems and other fire suppression systems, fire extinguishers, life rafts, parachutes for aircraft or vehicles, and passenger evacuation slides for vessels or aircraft.".

5Maximum vehicle load

For regulation 122(b) of the Dangerous Goods (Explosives) Regulations 2011 substitute—

"(b)the quantity which would cause the vehicle to be operated at a mass limit for the vehicle under the Road Safety (Vehicles) Regulations 2009 or the Heavy Vehicle National Law (Victoria) (as applicable).".

6Definitions

In regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008[2]—

(a)the definition of Australian Transport Council is revoked; and

(b)in the definition of Competent Authorities Panel or CAP, for "and approved by the Australian Transport Council, as amended from time to time" substitute ", as amended from time to time by the Standing Council on Transport and Infrastructure"; and

(c)insert the following definition—

"Standing Council on Transport and Infrastructure or SCOTI means the Standing Council of the Council of Australian Governments (COAG) of that name constituted by Commonwealth, State, Territory and New Zealand Ministers with responsibility for transport and infrastructure issues, and the Australian Local Government Association;".

7Emergency plans

In regulation 156(1) of the Dangerous Goods (Transport by Road or Rail) Regulations 2008, in the definition of emergency plan, for "Australian Transport Council" substitute "SCOTI".

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ENDNOTES

[1] Reg. 4: S.R. No. 37/2011 as amended by S.R. Nos 37/2011 and 72/2013.

[2] Reg. 6: S.R. No. 166/2008 as amended by S.R. No. 37/2011.