Queensland Consolidated Regulations

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TRANSPORT INFRASTRUCTURE (DANGEROUS GOODS BY RAIL) REGULATION 2008


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--Introductory and application

   1.      Short title
   2.      Commencement
   3.      Main purposes of this regulation
   4.      Provision about exemption related to inner package requirement
   5.      Matters prescribed for particular exempt transport
   6.      Special provisions for tools of trade and dangerous goods for private use

           Division 2--Interpretation

   7.      Definitions
   8.      Applying ADG Code to this regulation
   9.      References to codes, standards and rules
   10.     Inconsistency between regulation and codes etc.
   11.     References to determinations, exemptions or approvals
   12.     References to amendment of determinations etc.
   13.     References to load
   14.     Meaning of bulk container
   15.     Meaning of intermediate bulk container
   16.     Meaning of multiple-element gas container
   17.     Meaning of tank
   18.     When dangerous goods are packed in limited quantities

           Division 3--Instruction and training

   19.     Instruction and training

           Division 4--Goods suspected of being dangerous goods or goods too dangerous to be transported

   20.     Goods suspected of being dangerous goods or goods too dangerous to be transported

           Division 5--Determinations

   21.     Determination about dangerous goods and packaging
   22.     Determinations about vehicles, routes, areas etc.
   23.     Administrative determinations
   24.     Determinations may be subject to conditions
   25.     Effect of determinations on contrary obligations under this regulation
   26.     Register of determinations
   27.     Records of determinations
   28.     Offence to do anything prohibited or regulated by a determination

           Division 6--Non-participating jurisdictions

           29. Declaration of non-participating jurisdictions

           Part 2--Key concepts

   30.     Dangerous goods—Act, sch 6, definition dangerous goods
   31.     Goods too dangerous to be transported—Act, sch 6, definition goods too dangerous to be transported
   32.     UN classes, UN divisions and categories of dangerous goods
   33.     Subsidiary risk
   34.     Packing groups
   35.     Incompatibility

           Part 3--Transport of dangerous goods to which special provisions apply

   36.     Application of pt 3
   37.     Definition for pt 3
   38.     Duty of consignor
   39.     Duty of packer
   40.     Duty of loader
   41.     Duty of prime contractor and rail operator

           Part 4--Packaging

           Division 1--General

   42.     Part does not apply to dangerous goods packed in limited quantities
   43.     References to part 4 of the ADG Code include dangerous goods list requirements

           Division 2--Suitability and design of packaging

   44.     Unsuitability of packaging for transport
   45.     Marking packaging
   46.     Applications for approval of packaging design
   47.     Approval of packaging design
   48.     Recognised testing facilities
   49.     Test certificates and reports
   50.     Approval of overpack preparation method
   51.     Authorised entity may issue approvals

           Division 3--Prohibition on the sale or supply of noncompliant packaging

   52.     Offence to sell or supply noncompliant packaging

           Division 4--Offences about general packaging

   53.     Definition for div 4
   54.     Duty of consignor
   55.     Duties of packer
   56.     Duty of loader
   57.     Duty of prime contractor and rail operator

           Division 5--Offences about other packaging

   58.     Definition for div 5
   59.     Approval required for attaching compliance plate
   60.     Duties of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles
   61.     Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles
   62.     Duties of consignor
   63.     Duties of packer
   64.     Duty of loader
   65.     Duties of prime contractor and rail operator
   66.     Duties of driver

           Division 6--Offences about overpacks

   67.     Duty of consignor
   68.     Duty of packer
   69.     Duty of loader
   70.     Duty of prime contractor and rail operator
   71.     Duty of driver

           Division 7--Chief executive's performance testing powers

   72.     Requiring production of packaging for testing
   73.     Requiring evidence of performance tests

           Part 5--Consignment procedures

           Division 1--Marking and labelling

   74.     Meaning of appropriately marked
   75.     Duties of consignor
   76.     Duties of packer
   77.     Duties of prime contractor and rail operator

           Division 2--Placarding

   78.     When load must be placarded
   79.     Meaning of placards and appropriately placarded
   80.     Duties of consignor
   81.     Duties of loader
   82.     Duties of prime contractor and rail operator

           Part 6--Safety standards for vehicles and equipment

   83.     Duty of owner
   84.     Duty of consignor
   85.     Duty of loader
   86.     Duty of prime contractor and rail operator

           Part 7--Transport operations for particular dangerous goods

           Division 1--Self-reactive substances, organic peroxides and particular other substances

   87.     Application of div 1
   88.     Duty of consignor
   89.     Duty of loader
   90.     Duties of prime contractor and rail operator

           Division 2--Goods too dangerous to be transported

   91.     Application of div 2
   92.     Duty of loader
   93.     Duty of prime contractor and rail operator
   94.     Duty of driver

           Part 8--Stowage and restraint

   95.     Duties of consignor
   96.     Duties of loader
   97.     Duties of prime contractor and rail operator

           Part 9--Segregation, separation and marshalling

           Division 1--Application

   98.     Application of pt 9
   99.     Exception for particular goods for driver's personal use

           Division 2--Segregation

   100.    Loads on rail wagons
   101.    Duty of consignor
   102.    Duty of loader
   103.    Duty of prime contractor
   104.    Duty of rail operator
   105.    Duty of driver
   106.    Approval of methods of segregation
   107.    Approval of design of type II segregation devices

           Division 3--Separation and marshalling

   108.    Duties of rail operator
   109.    Duties of loader
   110.    Separation and marshalling approval

           Part 10--Carriage of dangerous goods on passenger trains

   111.    Duty of prime contractor and rail operator
   112.    Duties of passenger

           Part 11--Bulk transfer of dangerous goods

           Division 1--General

   113.    Meaning of bulk transfer

           Division 2--Equipment and transfer

   114.    Definitions for div 2
   115.    Duties of transferor—hose assemblies
   116.    Duties of transferor—general
   117.    Duties of occupier
   118.    Duties of prime contractor
   119.    Duty of rail operator

           Division 3--Filling ratio and ullage

   120.    Application of div 3
   121.    Duty of transferor
   122.    Duty of prime contractor and rail operator
   123.    Duty of driver

           Part 12--Documentation

           Division 1--Transport documentation
           Subdivision 1--False or misleading information

   124.    False or misleading information
           Subdivision 2--Requirements about keeping transport documentation
   125.    Duty of consignor
   126.    Duty of prime contractor
   127.    Duty of rail operator
   128.    Duties of driver

           Division 2--Emergency information

   129.    Definition for div 2
   130.    Duty of consignor
   131.    Duty of prime contractor
   132.    Duty of rail operator
   133.    Duties of driver
   134.    Approval of emergency information

           Division 3--Prior notice for specific dangerous goods

   135.    Duty of consignor
   136.    Duty of rail operator
   137.    Duty of prime contractor

           Part 13--Procedures during transport

           Division 1--Immobilised rail vehicles

   138.    Duty of driver
   139.    Duty of rail operator

           Division 2--Unloading at unattended places

   140.    Duty of rail operator

           Part 14--Emergencies

           Division 1--Emergencies generally

   141.    Duties of driver and rail operator for dangerous situation
   142.    Duties of prime contractor and rail operator—food or food packaging
   143.    Duties of prime contractor and rail operator to inform chief executive

           Division 2--Emergencies involving placard loads

   144.    Telephone advisory service
   145.    Emergency plans
   146.    Duties of consignor—information and resources
   147.    Duties of prime contractor—information and resources
   148.    Duties of rail operator—information and resources

           Part 15--Administrative matters

           Division 1--Provisions about registers

   149.    Registers to which this division applies
   150.    Registers may be kept by computer
   151.    Inspection of registers

           Division 2--Recommendations by chief executive and dangerous goods authorities

   152.    Recommendations by chief executive
   153.    Recommendations by dangerous goods authorities

           Division 3--Mutual recognition of determinations, exemptions and approvals

   154.    Corresponding determinations
   155.    Corresponding exemptions
   156.    Corresponding approvals

           Part 16--Exemptions

           Division 1--Purpose of part

   157.    Purpose of pt 16

           Division 2--General matters about exemptions

   158.    Applications for exemptions
   159.    Exemption notice to be kept
   160.    Register of exemptions
   161.    Records of exemptions

           Division 3--Referring matters to the competent authorities panel

   162.    Referring matters to the competent authorities panel
   163.    Effect of competent authorities panel decision about application
   164.    Effect of the competent authorities panel decisions about amending, suspending or cancelling exemption

           Part 17--Administrative determinations and approvals

           Division 1--General

   165.    Applications
   166.    Form of administrative determinations and approvals
   167.    When administrative determinations and approvals not to be made etc.
   168.    Reasons for refusal of applications
   169.    Periods and conditions
   170.    Replacement administrative determinations and approvals

           Division 2--Register of approvals

   171.    Register of approvals
   172.    Records of approvals

           Division 3--Referring matters to the competent authorities panel

   173.    Referring matters to the competent authorities panel
   174.    Effect of competent authorities panel decision about application
   175.    Effect of competent authorities panel decision about amending, suspending or cancelling approval

           Division 4--Amendment, suspension or cancellation of administrative determinations

   176.    Amending, suspending or cancelling administrative determinations

           Part 18--Review and appeal of decisions

   177.    Review of and appeals against decisions

           Part 19--Fees

   178.    Fees

           Part 20--Repeal and transitional provisions

           Division 1--Repeal provision

   179.    Repeal

           Division 2--Transitional provisions
           Subdivision 1--General provisions

   180.    Definitions for div 2
   181.    Lawful conduct under previous law
           Subdivision 2--Determinations and corresponding determinations
   182.    Continuing effect of particular determinations
   183.    Existing applications for particular administrative determinations
   184.    Existing applications for amendments of particular administrative determinations
   185.    Continuing effect of particular corresponding determination
           Subdivision 3--Approvals and corresponding approvals
   186.    Continuing effect of particular approvals
   187.    Existing applications for particular approvals
   188.    Existing applications for amendments of particular approvals
   189.    Continuing effect of particular corresponding approvals

           Subdivision 4--Particular existing requirements

   190.    Particular requirements made of a person continue
   191.    Requirements relating to particular incidents continue
           Subdivision 5--Existing reviews and appeals
   192.    Definition for sdiv 5
   193.    Reviews about particular decisions
   194.    Appeals about particular decisions
           SCHEDULE 1 -- REVIEWABLE DECISIONS
           SCHEDULE 2 -- FEES
           SCHEDULE 3 -- DICTIONARY
           Endnotes


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