New South Wales Repealed Regulations

This legislation has been repealed.

DANGEROUS GOODS (GENERAL) REGULATION 1999 - REG 4

4 Definitions

(1) Expressions used in this Regulation that are defined in the Dictionary at the end of this Regulation have the meanings set out in the Dictionary.

(2) A reference in this Regulation to the abbreviation “AS” followed by a group of numerals or letters, or numerals and letters, is a reference to the Australian Standard, indicated by that group, recommended or adopted by Standards Australia.

(3) To the extent of any inconsistency between a specific requirement in an Australian Standard applied or adopted by this Regulation (Part 11 excepted) and a general requirement in this Regulation, the specific requirement prevails.

(4) A reference in this Regulation to a publication is a reference to the publication as in force from time to time.

(5) A reference in this Regulation:

(a) to a licence or permit is a reference to a licence or permit, respectively, that is in force, and

(b) to a distance is a reference to that distance measured in a straight line in a horizontal plane, and

(c) to a licence for a licensed depot is a reference to the licence for the premises in or on which the depot is situated, and

(d) to the kind or quantity of dangerous goods that a depot is licensed to contain is a reference to the kind and maximum quantity, respectively, of dangerous goods that may lawfully be kept in the depot (including any annexe to it), and

(e) to the licensed capacity of a transport container vehicle or vessel is a reference to the maximum quantity of dangerous goods that may lawfully be carried in or on the transport container vehicle or vessel, as specified in the licence for the transport container, and

(f) to a depot for cryogenic liquid includes a reference to all pressure regulators, safety devices, vaporisers, manifolds, pipelines or other equipment provided in connection with the depot, but does not include a reference to any equipment for the conveyance or other handling of the goods kept in the depot beyond the point at which they enter a pipeline at service pressure.

(6) For the purposes of this Regulation:

(a) a substance or article is away from another substance or article if:

(i) the substances or articles are so situated in relation to each other that, in such circumstances as can reasonably be foreseen, neither can come into contact with the other, and

(ii) there is between them a distance of at least 5 metres or a liquid-tight wall being, or that with respect to security is equivalent to, a brick wall at least as high as the higher of the substances or articles, and

(b) a substance or article is separated from another substance or article if the substances or articles are sufficiently distant one from the other that they will not react chemically with each other, and are, in any case, at least one metre apart, and

(c) dangerous or other goods are incompatible with dangerous goods if, when the goods are mixed or otherwise brought into contact with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction, and

(d) a substance or article is in immediate use if it is:

(i) in actual use in a process of manufacture, mixing, blending, degreasing, cleaning, painting or testing, or

(ii) being placed in vats, mixers or other containers in the course of any such process, or

(iii) being conveyed within a depot or a factory area, or

(iv) not kept in or on any premises for more than 12 hours,

and a substance or article, other than an explosive, is manufactured for immediate use if it is manufactured with the intention that, immediately after it is manufactured, it will be in immediate use, and

(e) an explosive is manufactured for immediate use if, after its manufacture, it is:

(i) kept in or on the premises where it was manufactured for less than 12 hours before it is placed in its position of final use, and

(ii) used, as soon as practicable, after being placed in its position of final use, and

(f) explosive devices explode en masse if the explosion of one such device in a package of such devices would cause the other devices in the package to explode simultaneously or almost simultaneously, and

(g) a substance or article belongs to the same compatibility group as another substance or article if the substances or articles are contained in the same compatibility group as referred to in Column 3 of Table 9.1 to the Australian Explosives Code.

(7) If a provision of this Regulation applies or adopts a provision of the ADG Code or the Australian Explosives Code, any requirement made in the provision of the ADG Code or the Australian Explosives Code is taken to be made in the provision of this Regulation.

(8) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.