DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - NOTES
DANGEROUS GOODS (ROAD TRANSPORT) REGULATION 2010 (NO 12 OF 2010) - NOTES
- made under the Dangerous Goods (Road Transport) Act 2009(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• entity
• State.
Note 3 Terms used in this regulation have the same meaning that they have in the Dangerous Goods (Road Transport) Act 2009 (see Legislation Act, s 148). For example, the following terms are defined in the Dangerous Goods (Road Transport) Act 2009
, dict:• another jurisdiction
• authorised person
• consignor
• consigns
• corresponding authority
• corresponding law
• dangerous situation
• driver licence
• exemption
• in, a vehicle
• involvement in the transport of dangerous goods
• jurisidiction
• loader
• loads
• owner, of a vehicle
• package
• packaging
• packer
• packs
• placard load
• premises
• prime contractor
• tank vehicle
• trailer
• transport
• vehicle.
ADG code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council as in force from time to time.
Note 1 The Legislation Act, s 47 (6) is disapplied in relation to the ADG code by s 23.
Note 2 The ADG code is accessible at www.ntc.gov.au.
"administrative determination"—see section 31.
"ADR approved "means approved in accordance with the European Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe.
"aggregate quantity", for a load containing dangerous goods, means the total of—
(a) the number of kilograms of the following in the load—
(i) solid dangerous goods; and
(ii) articles (including aerosols); and
(b) the number of litres or kilograms (as used in the transport documentation for the load to describe the goods) of liquid dangerous goods in the load; and
(c) the total capacity in litres of receptacles in the load containing dangerous goods of UN class 2 (except aerosols).
"appropriately marked", for part 7.1 (Marking and labelling)—see section 77.
"appropriately placarded", for part 7.2 (Placarding)—see section 84.
"approval" means an approval by the competent authority or an authorised body that is in effect.
"approved packaging" means—
(a) packaging of a design that is approved under section 50; or
(b) foreign approved packaging.
"approved tank" means—
(a) a tank of a design that is approved under section 50; or
(b) a foreign approved tank.
"approved test" means a test that is approved under section 28.
"approved training course" means a training course that is approved under section 28.
"Australian Transport Council" means the council of Commonwealth, New Zealand, State, Australian Capital Territory and Northern Territory Ministers, established on 11 June 1993 and known as the Australian Transport Council, but constituted so that it consists of only 1 Minister representing each of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory.
"authorised body" means an entity authorised to issue approvals under section 55.
"bulk container"—see section 15.
"bulk transfer", for chapter 12 (Bulk transfer of dangerous goods—general)—see section 120.
"CAP"—see competent authorities panel.
"capacity" means the total internal volume of packaging at a temperature of 15° celsius, expressed in litres or cubic metres.
"competent authorities panel" (or CAP) means the body established by the competent authorities panel rules made by the National Transport Commission on 13 June 2008 and approved by the Australian Transport Council.
"competent authority "means the entity declared to be the competent authority for this regulation under the Act, section 20.
"compliance plate" means a plate that must be attached to a portable tank, MEGC or tank vehicle under the ADG code, part 6 and includes identification plates.
"corresponding approval" means an approval to which section 167 applies.
"corresponding dangerous goods driver licence" means a licence to which section 168 applies that has effect in the ACT as a dangerous goods driver licence.
"corresponding dangerous goods vehicle licence" means a licence to which section 168 applies that has effect in the ACT as a dangerous goods vehicle licence.
"corresponding determination" means a determination to which section 165 applies.
"corresponding exemption "means an exemption to which section 166 applies.
"dangerous goods"—see section 9.
dangerous goods driver licence means a licence that is in force under part 20.3.
"dangerous goods list" means the list set out in the ADG code, section 3.2.3.
Note The ADG code, s 3.2.3 lists goods that are dangerous goods because they satisfy the criteria mentioned in the ADG code, pt 2.
"dangerous goods vehicle licence" means a licence that is in force under part 20.4.
"demountable tank "means a tank, other than a portable tank, that is designed to be carried on a vehicle but that does not form part of and is not permanently attached to the vehicle and is designed to be removable.
"determination" means a determination that is made by the competent authority under chapter 3 that is in effect.
"emergency service" means—
(a) an ambulance, fire, police or other emergency service of a participating jurisdiction; or
(b) a unit of the defence force corresponding to a service mentioned in paragraph (a).
"food" includes—
(a) a substance prepared or intended for human or animal consumption; and
(b) a substance (except dangerous goods) intended to be an ingredient of food.
"food packaging" means—
(a) a receptacle that contains, or is designed or intended to contain, food; or
(b) material designed or intended to be used in a receptacle that is designed or intended to contain food.
"foreign approved", in relation to packaging, means packaging that has the markings required by the ADG code, part 6 for packaging of its type, in confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved.
Note Types of foreign approved packaging include, but are not limited to bulk containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and tubes that are ADR, ICAO, IMO, RID or UN approved.
"freight container" means a re-useable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711 that is designed for repeated use for the transport of goods by 1 or more modes of transport.
"general packaging", for part 6.3 (Offences—general packaging)—see section 58.
"goods too dangerous to be transported"—see section 10.
"hose assembly" means a hose, or hoses connected together, for use in the transfer of dangerous goods to or from a tank on a vehicle, portable tank or storage receptacle and includes—
(a) if there are 2 or more hoses connected together—the connections between the hoses; and
(b) the attachment connecting the hose or hoses to the tank; and
(c) anything else (except the vehicle, portable tank or storage receptacle) attached to the hose or hoses.
"IBC"—see intermediate bulk container.
"ICAO approved" means approved in accordance with the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation.
"IMO approved" means approved in accordance with the International Maritime Dangerous Goods Code published by the International Maritime Organisation.
"incompatible"—see section 14.
"inner packaging", for goods for which outer packaging is required if the goods are to be transported, means any packaging that is, or that is to be, contained or protected by the outer packaging.
"intermediate bulk container" (or IBC)—see section 17.
"journey" means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee.
"large packaging" means outer packaging that—
(a) is designed for mechanical handling; and
(b) has a capacity of not more than 3m3; and
(c) is intended to contain articles or inner packaging with—
(i) a net mass of more than 400kg; or
(ii) capacities totalling more than 450L.
"licence"—
(a) for part 20.5 (Licences generally)—see section 221; and
(b) for part 20.6 (Cancellation, suspension and variation)—see section 230.
"licence label"—see section 220.
"licensed vehicle" means a vehicle for which a dangerous goods vehicle licence is in force.
"licensee"—
(a) for part 20.5 (Licences generally)—see section 221; and
(b) for part 20.6 (Cancellation, suspension and variation)—see section 230.
"licensing authority", for chapter 20 (Licences)—see section 193.
"load" (noun)—see section 21.
Note Load (verb) and loader—see the Act, s 13.
"MEGC"—see multiple-element gas container.
"multimodal" means applicable to, or suitable for use on, more than 1 mode of transport.
multiple-element gas container (or "MEGC")—see section 18.
"NATA" means the National Association of Testing Authorities.
"other packaging", for part 6.4 (Offences—other packaging)—see section 64.
"outer packaging" means external packaging (including absorbent materials, cushioning and any other components) necessary for the purpose of transport to contain and protect—
(a) articles; or
(b) receptacles in composite packaging (as defined in the ADG code, section 1.2.1.1); or
(c) inner packaging in combination packaging (as defined in the ADG code, section 1.2.1.1).
"overpack" means packaging (other than large packaging) used to hold and consolidate packages of goods into a single unit for easier handling and stowage.
Examples
• a pallet, together with strapping or shrink wrapping, designed to hold packages
• a box or crate into which packages are placed
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"packaging"—see section 15.
Note Package, packs and "packer"—see the Act, dict.
"packed in limited quantities"—see section 19.
"packing group"—see section 13.
"participating jurisdiction" means—
(a) this jurisdiction; or
(b) another State that has a corresponding law.
"placard" means a label or emergency information panel that is displayed in accordance with the ADG code, chapter 5.3 on—
(a) a transport unit; or
(b) a container having 1 or more receptacles with a capacity of more than 500kg or 500L.
"placards", for part 7.2 (Placarding)—see section 84.
"portable tank" means a multimodal tank that—
(a) is designed primarily to be loaded on to a vehicle or ship; and
(b) has a capacity of more than 450L; and
(c) is equipped with skids, mountings, stabilizers and accessories to facilitate mechanical handling; and
(d) is capable of being loaded and unloaded without removing its service or structural equipment; and
(e) is capable of being lifted when full.
"pressure drum "means a welded transportable pressure receptacle of a water capacity exceeding 150L and of not more than 1 000L.
Examples—transportable receptacle
• cylindrical receptacles equipped with rolling hoops
• spheres on skids
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"receptacle", for a substance or article, means a container that is—
(a) for receiving and holding the substance or article (including anything that enables the container to be closed); and
(b) in contact with the substance or article.
"recognised testing facility", for part 5.2 (Suitability and design of packaging)—see section 46.
"register"—see section 160.
registered means registered under a Commonwealth, State or Territory law.
"required emergency information", for part 13.2 (Emergency information)—see section 137.
RID approved means approved in accordance with the International Regulations Concerning the Carriage of Dangerous Goods by Rail published by the Inland Transport Committee of the Economic Commission for Europe.
risk means risk of personal injury, death, property damage or harm to the environment.
"service equipment", for a tank or MEGC, has the meaning given in the ADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank or MEGC.
"structural equipment", for a tank or MEGC, has the meaning given in the ADG code, section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 for the tank or MEGC.
"subsidiary risk"—see section 12.
"tank"—see section 20.
"transport unit" means—
(a) a vehicle; or
(b) a portable tank; or
(c) a bulk container; or
(d) a freight container.
"tube "means a seamless transportable pressure receptacle of a water capacity exceeding 150L but not more than 3 000L.
"UN approved" means approved outside Australia under the United Nations Model Regulations for the Transport of Dangerous Goods published by the United Nations.
"UN category"—see section 11.
"UN class—"see section 11.
"UN division—"see section 11.
"vehicle", for part 20.4 (Dangerous goods vehicle licences)—see section 210.
Endnotes
1 Notification
Notified under the Legislation Act on 1 April 2010.
2 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory 2010