Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005

Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005

An Act to provide for savings and transitional matters and to amend certain legislation consequent on the enactment of the Dangerous Substances (Safe Handling) Act 2005 and Dangerous Goods Amendment Act 2005

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Dangerous Goods and Substances (Transitional and Consequential Provisions) Act 2005 .

2.   Commencement

This Act commences on the day on which the Dangerous Substances (Safe Handling) Act 2005 commences.

PART 2 - Savings and Transitional

3.   Interpretation of Part

In this Part –

commencement day means the day on which the Dangerous Substances (Safe Handling) Act 2005 commences;

new legislative scheme means the scheme relating to dangerous goods and dangerous substances under the Dangerous Substances (Safe Handling) Act 2005 and Dangerous Goods (Safe Transport) Act 1998 ;

old legislative scheme means the legislative scheme relating to dangerous goods under the superseded Act;

relevant Act means –

(a) this Act; or

(b) the Dangerous Substances (Safe Handling) Act 2005 ; or

(c) the Dangerous Goods (Safe Transport) Act 1998 ;

superseded Act means the Dangerous Goods Act 1998 as in force immediately before the commencement day.

4.   Savings and transitional regulations

(1)  The Governor may make regulations of a savings and transitional nature consequent on the enactment of the Dangerous Substances (Safe Handling) Act 2005 and the Dangerous Goods Amendment Act 2005 to effect, and facilitate, the transition from the old legislative scheme to the new legislative scheme.

(2)  Without limiting the generality of subsection (1) , regulations made under that subsection may –

(a) be made so as to have effect in respect of either, or both, of the other relevant Acts; and

(b) provide for the preservation, continuation, variation or revocation of decisions or actions taken under the old legislative scheme; and

(c) provide for the preservation, continuation, variation or revocation of notices or other instruments given or issued under the old legislative scheme; and

(d) deal with any incidental or ancillary matters.

(3)  Regulations made under subsection (1) may –

(a) take effect on the commencement day or a later day as specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) authorise any matter to be from time to time determined, applied or regulated by –

(i) the Secretary; or

(ii) an authorised officer for a relevant Act; and

(d) if they so provide, prevail over an inconsistent provision of any regulations made under the superseded Act.

5.   Certain regulations under superseded Act continue as regulations under new Act

(1)  The Dangerous Goods (General) Regulations 1998 and Dangerous Goods (Fees) Regulations 1998 in force under the superseded Act immediately before the commencement day are taken, on that day, to be valid regulations made and in force under the Dangerous Substances (Safe Handling) Act 2005 and, consequently, may be amended or rescinded under that Act.

(2)  Nothing in subsection (1) is to be taken as restricting the operation of section 11 of the Subordinate Legislation Act 1992 in respect of the regulations referred to in that subsection.

6.   Continuation of other regulations

(1)  For the avoidance of doubt, the Dangerous Goods (Road and Rail Transport) Regulations 1998 in force under the superseded Act immediately before the commencement day continue as valid regulations under the Dangerous Goods (Safe Transport) Act 1998 and, consequently, may be amended or rescinded under that Act.

(2)  Nothing in subsection (1) is to be taken as restricting the operation of section 11 of the Subordinate Legislation Act 1992 in respect of the regulations referred to in that subsection.

7.   Preservation of relevant decisions, &c., of Competent Authorities

(1)  A decision, determination or delegation made by a Competent Authority under the superseded Act and having force and effect immediately before the commencement day continues in force and effect on and after that day, according to its terms, as a decision, determination or delegation of the Secretary under the Dangerous Goods (Safe Transport) Act 1998 .

(2)  However, subsection (1) only applies if the decision, determination or delegation is relevant and translatable to the Dangerous Goods (Safe Transport) Act 1998 .

(3)  For the purposes of subsection (2) , a decision, determination or delegation is relevant and translatable to the Dangerous Goods (Safe Transport) Act 1998 if a decision, determination or delegation in the same terms would be capable of being made, after the commencement day, under that Act.

(4)  Nothing in this section is to be taken as restricting the operation of section 16 of the Acts Interpretation Act 1931 in so far as that section is applicable to the transition from the old legislative scheme to the new legislative scheme.

8.   Extension of authorised officer appointments

A person who held an appointment under section 10(1) of the superseded Act immediately before the commencement day is taken, on that day, to have been appointed by the Secretary as an authorised officer under section 55(1) of the Dangerous Substances (Safe Handling) Act 2005 .

PART 3 - Administration and Consequential

9.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

10.   Consequential Amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

11.   Consequential amendments of regulations do not prevent their subsequent amendment

The amendment by this Act of a provision of any regulations does not prevent that or any other provision of those regulations from being amended or rescinded by a subsequent regulation.

SCHEDULE 1 - Consequential Amendments

Section 10

Admission to Courts Regulations 1995

1.    Regulation 3 is amended by omitting the definition of explosive .

Approvals (Deadlines) Act 1993

1.    Schedule 1 is amended by omitting

Dangerous Goods Act 1976
Licence to manufacture dangerous goods		21 days from the day on which an application under section 7 (2) of the Dangerous Goods Act 1976 is received by the Chief Inspector of Explosives.
Approval to alter premises for the manufacture of dangerous goods		21 days from the day on which an application under section 7 (5) of the Dangerous Goods Act 1976 is received by the Chief Inspector of Explosives.
Licence to import or export dangerous goods		21 days from the day on which an application under regulation 14 of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.
Licence to convey explosives		21 days from the day on which an application under regulation 29 of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.
Licence in respect of depot for keeping dangerous goods		21 days from the day on which an application under regulation 38 of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.
Licence to sell dangerous goods		21 days from the day on which an application under regulation 90 (3) of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.
Permit to import or export a shipment of explosives		21 days from the day on which an application under regulation 15 (1) of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.
Gas supplier's licence		21 days from the day on which an application under regulation 77 (1) of the Dangerous Goods Regulations 1992 is received by the Chief Inspector of Explosives.

.

Building Regulations 2004

1.    Regulation 4 is amended by omitting paragraph (k) and substituting the following paragraph:

(k) an explosives magazine, a tank containing dangerous substances or a gas installation if the use of that magazine, tank or installation is controlled under the Dangerous Substances (Safe Handling) Act 2005 ;

Environmental Management and Pollution Control (Waste Management) Regulations 2000

1.    Regulation 4(5) is amended by omitting " Dangerous Goods Act 1998 or any regulations made under that Act" and substituting " Dangerous Substances (Safe Handling) Act 2005 or Dangerous Goods (Safe Transport) Act 1998 or any regulations made under either of those Acts".

2.    Regulation 5 is amended by omitting paragraph (b) and substituting the following paragraphs:

(b) a dangerous good within the meaning of the Dangerous Substances (Safe Handling) Act 2005 ;

(ba) dangerous goods within the meaning of the Dangerous Goods (Safe Transport) Act 1998 ;

Fire Service Act 1979

1.    Section 29 is amended as follows:

(a) by omitting from subsection (12) "hazardous substance" and substituting "dangerous substance";

(b) by omitting subsection (13) and substituting the following subsection:

(13)  In this section –

dangerous substance means a dangerous substance within the meaning of the Dangerous Substances (Safe Handling) Act 2005 .

2.    Section 51(3) is amended by omitting " Dangerous Goods Act 1998 " and substituting " Dangerous Substances (Safe Handling) Act 2005 or Dangerous Goods (Safe Transport) Act 1998 ".

3.    Section 133(3) is amended by omitting paragraphs (a) , (b) , (d) , (e) and (f) and substituting the following paragraphs:

(a) the Dangerous Goods (Safe Transport) Act 1998 ; or

(b) the Dangerous Substances (Safe Handling) Act 2005 ; or

(c) the Public Health Act 1997 ; or

(d) the Traffic Act 1925 ; or

(e) the Vehicle and Traffic Act 1999 ; or

(f) the Workplace Health and Safety Act 1995 ; or

(g) any Act relating to building –

Gas Act 2000

1.    Section 6 is amended by omitting "or the Dangerous Goods Act 1998 " and substituting ", Dangerous Substances (Safe Handling) Act 2005 or Dangerous Goods (Safe Transport) Act 1998 ".

Gas Pipelines Act 2000

1.    Section 6 is amended by omitting "or the Dangerous Goods Act 1998 " and substituting ", Dangerous Substances (Safe Handling) Act 2005 or Dangerous Goods (Safe Transport) Act 1998 ".

Plumbers and Gas-fitters Registration Act 1951

1.    Section 9 is amended as follows:

(a) by omitting subsection (2A) ;

(b) by omitting from subsection (3A) "or, in the case of gas-fitting, who is the holder of a subsisting prescribed exemption";

(c) by omitting from subsection (3B) "or, in the case of gas-fitting, who is the holder of a subsisting prescribed exemption";

(d) by omitting subsection (5) .

Poisons Regulations 2002

1.    Regulation 73 is amended by omitting paragraph (c) and substituting the following paragraph:

(c) as authorised under the Dangerous Substances (Safe Handling) Act 2005 or any other relevant Act.

Security-sensitive Dangerous Substances Act 2005

1.    Section 7 is amended by omitting " Dangerous Goods Act 1998 ," and substituting " Dangerous Goods (Safe Transport) Act 1998 , Dangerous Substances (Safe Handling) Act 2005 ,".

Traffic (Road Rules) Regulations 1999

1.    Schedule 6 is amended by omitting clause 12 from Division 2 of Part 2 and substituting:

12.   Rule 216: Dangerous goods and placard load

For rule 216 , dangerous goods for the Road Rules are dangerous goods within the meaning of the Dangerous Goods (Safe Transport) Act 1998 .

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000

1.    Regulation 6(12) is amended by omitting " Dangerous Goods Act 1998 " and substituting " Dangerous Goods (Safe Transport) Act 1998 ".

Vehicle and Traffic (Vehicle Standards) Regulations 2001

1.    Regulation 172 is amended by omitting " Dangerous Goods Act 1998 " from the definition of dangerous goods and substituting " Dangerous Goods (Safe Transport) Act 1998 ".

Vehicle and Traffic Act 1999

1.    Section 49(7) is amended by omitting paragraph (d) from the definition of related Act and substituting:

(d) the Dangerous Goods (Safe Transport) Act 1998 .

Workplace Health and Safety Regulations 1998

1.    Regulation 7(1) is amended by omitting paragraphs (f) and (g) and substituting the following paragraphs:

(f) the Dangerous Goods (Safe Transport) Act 1998 ;

(g) the Dangerous Substances (Safe Handling) Act 2005 ;

[Second reading presentation speech made in:

House of Assembly on 9 NOVEMBER 2005

Legislative Council on 22 NOVEMBER 2005]