Dangerous Goods (Road and Rail Transport) Amendment Regulations 2019
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 .
29 April 2019C. WARNER
Governor
By Her Excellency's Command,
S COURTNEY
Minister for Building and Construction
These regulations may be cited as the Dangerous Goods (Road and Rail Transport) Amendment Regulations 2019 .
These regulations take effect on the day on which their making is notified in the Gazette.
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 "less" and substituting "not more".
5. Regulation 9 amended (Definitions)
Regulation 9(1) of the Principal Regulations is amended by omitting the definition of subsidiary risk and substituting the following definition:subsidiary hazard has the meaning given by regulation 37 ;
6. Regulation 17 amended (Dangerous goods packed in limited quantities)
Regulation 17(b) of the Principal Regulations is amended by omitting "7" and substituting "7a".
7. Regulation 25 amended (Determinations – dangerous goods and packaging)
Regulation 25(1)(c) of the Principal Regulations is amended by omitting "risk" and substituting "hazard".
8. Regulation 37 amended (Subsidiary hazard)
Regulation 37 of the Principal Regulations is amended as follows:(a) by omitting "risk" first occurring and substituting "hazard";(b) by omitting from paragraph (a) "risk" twice occurring and substituting "hazard";(c) by omitting from paragraph (b) "risk" and substituting "hazard".
9. Regulation 77 amended (Meaning of appropriately marked)
Regulation 77 of the Principal Regulations is amended by inserting after subregulation (4) the following subregulations:(5) 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.(6) In subregulation (5), dangerous goods are packed in excepted quantities if –(a) the goods are assigned to code E1, 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.
10. Regulation 92 amended
Regulation 92 of the Principal Regulations is amended as follows:(a) by renumbering the text of the section as subsection (1);(b) by omitting from paragraph (e) "Risk" and substituting "Hazard";(c) by inserting the following subregulations after subregulation (1) :(2) This Division also applies to the transport of empty dangerous goods packaging, and a reference in this Division to “dangerous goods to which this Division applies” includes a reference to empty dangerous goods packaging.(3) In subregulation (2) –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.
11. Regulation 93 amended (Consignor's duties)
Regulation 93 of the Principal Regulations is amended by inserting "or 7.2" after "1".
12. Regulation 94 amended (Loader's duties)
Regulation 94 of the Principal Regulations is amended by inserting "or 7.2" after "1".
13. Regulation 95 amended (Prime contractor's and rail operator's duties)
Regulation 95(1) of the Principal Regulations is amended by inserting "or 7.2" after "1".
14. Regulation 96 amended (Driver's duties)
Regulation 96 of the Principal Regulations is amended as follows:(a) by omitting "dangerous" second occurring;(b) by inserting "or 7.2" after "1".
15. Regulation 105 amended (Application of Part)
Regulation 105(1)(b) of the Principal Regulations is amended by omitting "risk" and substituting "hazard".
16. Regulation 147 amended (Control of ignition sources)
Regulation 147(1)(b) of the Principal Regulations is amended by omitting "risk" and substituting "hazard".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 May 2019
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.