Dangerous Goods (Road and Rail Transport) Amendment Regulations 2017

Dangerous Goods (Road and Rail Transport) Amendment Regulations 2017

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dangerous Goods (Road and Rail Transport) Act 2010 .

14 February 2017

C. WARNER

Governor

By Her Excellency's Command,

Guy Barnett

Minister for Building and Construction

1.   Short title

These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Amendment Regulations 2017 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Dangerous Goods (Road and Rail Transport) Regulations 2010 are referred to as the Principal Regulations.

4.    Regulation 7 amended (Further exemptions)

Regulation 7(2)(a) of the Principal Regulations is amended by omitting "for which an inner package is required by the ADG Code to be marked with a proper shipping name or the technical name of the substance (ADG Code 5.2.1.8)" and substituting "set out in section 1.1.1.2(3)(a) of the ADG Code".

5.    Regulation 8 amended (Special provisions for tools of trade)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (a) from subregulation (1) and substituting the following paragraph:

(a) for loads –

(i) not including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I – the load includes an aggregate quantity of dangerous goods of less than 500; or

(ii) including dangerous goods of UN Division 2.1 (other than aerosols), UN Division 2.3 or Packing Group I –

(A) the load includes an aggregate quantity of dangerous goods of less than 250; and

(B) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of that aggregate quantity; and

(b) by inserting in subregulation (5)(b) "unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes that is likely to cause risk" after "vehicle".

6.    Regulation 9 amended (Definitions)

Regulation 9(1) of the Principal Regulations is amended as follows:

(a) by omitting the definition of ADG Code and substituting the following definition:

ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Transport and Infrastructure Council, as in force or remade from time to time;

(b) by inserting the following definition after the definition of approved training course :

article means a manufactured item, other than a fluid or a particle, that –

(a) is formed into a particular shape or design during manufacture; and

(b) has hazard properties and a function that are wholly or partly dependent on that shape or design –

and includes batteries, aerosols, gas-filled lighters, seat belt pre-tensioners and refrigerating machines;

(c) by omitting "13 June 2008 and approved by the Australian Transport Council on 15 August 2008" from the definition of CAP and substituting "16 June 2008";

(d) by omitting the definition of licence label ;

(e) by omitting the definition of Standing Council on Transport and Infrastructure ;

(f) by inserting the following definition after the definition of tank vehicle :

Transport and Infrastructure Council means the Ministerial Council called the Transport and Infrastructure Council and established with the authority of the Council of Australian Governments;

(g) by omitting the definition of UN-approved and substituting the following definition:

UN-approved means approved in accordance with the Model Regulations on the Transport of Dangerous Goods annexed to the Recommendations on the Transport of Dangerous Goods published by the United Nations;

7.    Regulation 10 amended (References to codes, standards and rules)

Regulation 10 of the Principal Regulations is amended by inserting after subregulation (3) the following subregulation:

(4)  If an instrument is amended or remade, a reference in these regulations to a provision of that instrument extends to the corresponding provision (if any) of the amended or remade instrument.

8.    Regulation 77 amended (Meaning of appropriately marked)

Regulation 77 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (3) and substituting the following subregulation:

(3)  An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.

(b) by omitting subregulation (5) .

9.    Regulation 81 amended (When load must be placarded)

Regulation 81 of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (1)(a)(i) ", other than an article," after "receptacle";

(b) by inserting in subregulation (1)(a)(ii) ", other than an article" after "receptacle";

(c) by omitting subregulation (2) and substituting the following subregulation:

(2)  However, a load containing an aggregate quantity of dangerous goods of less than 2 000 that consists only of the following dangerous goods is not a load that must be placarded:

(a) dangerous goods that are packed in limited quantities;

(b) the following dangerous goods:

(i) fireworks that are bon bons, party poppers or sparklers;

(ii) domestic smoke detectors containing radioactive material;

(iii) lighters or lighter refills containing flammable gas;

(iv) fire extinguishers with compressed or liquefied gas, up to a net mass of 23kg;

(c) a combination of the dangerous goods referred to in paragraphs (a) and (b) .

10.    Regulation 157 amended (Emergency plans)

Regulation 157(1) of the Principal Regulations is amended by omitting "Standing Council on Transport and Infrastructure" from the definition of emergency plan and substituting "Transport and Infrastructure Council".

11.    Regulation 219 amended (Disposal and transfer of licensed vehicles)

Regulation 219 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) ;

(b) by omitting from subregulation (2) "the disposed vehicle" and substituting "a licensed vehicle (otherwise than by way of a business transfer) (the disposed vehicle)".

12.    Regulation 221 rescinded

Regulation 221 of the Principal Regulations is rescinded.

13.    Regulation 224 amended (Replacement licences)

Regulation 224(2) of the Principal Regulations is amended as follows:

(a) by omitting "or licence label";

(b) by omitting "or label".

14.    Regulation 239 amended (Application of Part)

Regulation 239(3)(c) of the Principal Regulations is amended by omitting "or licence label".

15.    Schedule 1 amended (Infringement Notice Offences)

Schedule 1 to the Principal Regulations is amended as follows:

(a) by omitting item 204 ;

(b) by omitting items 209 and 210 .

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 February 2017

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Dangerous Goods (Road and Rail Transport) Regulations 2010 to reflect changes made to the National Transport Commission's Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail.