TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 152
Regulations about dangerous goods and transport of dangerous goods
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 152
Regulations about dangerous goods and transport of dangerous goods
152 Regulations about dangerous goods and transport of dangerous goods
(1) A regulation may make provision about dangerous goods and the transport of
dangerous goods, including for example, the following—
(a) identifying and
classifying goods as dangerous goods, and the identification and
classification of dangerous goods;
(b) the making of decisions by the chief
executive for the purposes of a regulation in relation to the following—
(i)
the identification and classification of goods as dangerous goods;
(ii) the
identification and classification of dangerous goods;
(iii) the specification
of what is, and what is not, compatible with dangerous goods for transport
purposes;
(iv) prohibiting or regulating the transport of dangerous goods;
(v) regulating the containment of dangerous goods that are being, or that are
to be, transported;
(c) the analysis and testing of dangerous goods;
(d) the
marking and labelling of packages containing dangerous goods for transport and
the placarding of vehicles and packaging on or in which dangerous goods are
transported;
(e) containers, vehicles, packaging, equipment and other items
used in the transport of dangerous goods;
(f) the manufacture of containers,
vehicles, packaging, equipment and other items for use in the transport of
dangerous goods;
(g) voluntary accreditation schemes, including privileges to
be accorded or sanctions to be imposed under the schemes and the cancellation
or suspension of the schemes;
(h) the loading of dangerous goods for, and the
unloading of dangerous goods after, their transport;
(i) deciding routes
along which, the areas in which and the times during which dangerous goods may
or may not be transported;
(j) procedures for transporting dangerous goods,
including, but not limited to—
(i) the quantities and circumstances in which
dangerous goods, may be transported; and
(ii) safety procedures and
equipment;
(k) the licensing of—
(i) vehicles and drivers for transporting
dangerous goods; and
(ii) persons involved in the transport of dangerous
goods or vehicles used in the transport;
(l) the mandatory accreditation of
persons involved in the transport of dangerous goods or particular aspects of
that transport;
(m) the approval of—
(i) vehicles, packaging, equipment and
other items used in relation to transporting dangerous goods; and
(ii)
facilities for, and methods of, testing or using vehicles, packaging,
equipment and other items used in relation to transporting dangerous goods;
and
(iii) processes carried out in relation to transporting dangerous goods;
(n) documents required to be prepared or kept by persons involved in the
transport of dangerous goods, and the approval by the chief executive of
alternative documentation;
(o) public liability insurance or some other form
of indemnity that must be taken out by persons involved in the transport of
dangerous goods;
(p) obligations arising, and procedures to be followed, in
the event of a dangerous situation;
(q) the training and qualifications
required of persons involved in, and the approval of training courses and
qualifications relating to involvement in, transporting dangerous goods;
(r)
the recognition of accredited providers of training, package testing, design
verification and other similar activities;
(s) exempting from the application
of this chapter the transport—
(i) of stated types of dangerous goods; and
(ii) of dangerous goods in stated circumstances or ways.
(2) Without limiting
subsection (1) , a regulation may make provision about the recognition of laws
of other jurisdictions relating to transporting dangerous goods, things done
under those laws and giving effect to those things, including, for example,
providing for—
(a) the recognition of an entity (the
"competent authorities panel" ) whose membership includes the chief executive
and dangerous goods authorities and that may be required to make decisions,
and to provide oversight on decisions made, under this chapter in the
interests of national uniformity; and
(3) For subsection (2) (b) , a regulation
may provide that the chief executive must refer to the
competent authorities panel—
(a) an application made to the chief executive
for a decision, approval or exemption under this Act if the chief executive
considers the decision, approval or exemption should have effect in all
participating dangerous goods jurisdictions or some of those jurisdictions
including this jurisdiction; or
(b) a decision, approval or exemption under
this Act that has effect in all participating dangerous goods jurisdictions or
some of those jurisdictions including this jurisdiction if—
(i) the chief
executive considers the decision, approval or exemption should be cancelled or
amended; or
(ii) a dangerous goods authority recommended to the chief
executive that the decision, approval or exemption should be cancelled or
amended; or
(c) a recommendation by the chief executive to a dangerous goods
authority that a decision, approval or exemption given by the authority under
a corresponding law, that has effect in all participating dangerous goods
jurisdictions or some of those jurisdictions including this jurisdiction, if
the chief executive considers a ground exists under the corresponding law for
the authority to cancel or amend the decision, approval or exemption.
(4) If
a regulation provides that a matter must be referred to the
competent authorities panel, the regulation may provide that the chief
executive must have regard to the panel’s decision.
(5) A regulation may
make provision in relation to an action taken or decision made by the
competent authorities panel or a dangerous goods authority in relation to a
matter considered by the competent authorities panel, including that the
action or decision has effect in this jurisdiction as if it were an action or
decision of the chief executive.
(6) The reference in subsection (1) (b) to
the chief executive making decisions about particular matters does not limit
the Statutory Instruments Act 1992, section 26, in relation to any other
matter mentioned in this section.
