Victorian Consolidated Regulations

DANGEROUS GOODS (STORAGE AND HANDLING) REGULATIONS 2000 - NOTES

S.R. No. 127/2000
Version incorporating amendments as at 1 January 2009

ENDNOTES

1. General Information
The Dangerous Goods (Storage and Handling) Regulations 2000, S.R. No. 127/2000 were made on 5 December 2000 by the Governor in Council under section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and came into operation as follows:
All of Regulations (except Division 2 of Part 3, Division 2 of Part 4, Subdivision 1 of Division 5 of Part 4, Subdivision 2 of Division 5 of Part 4, Division 6 of Part 4, Division 8 of Part 4, Division 2 of Part 5) on 8 December 2000: regulation 103(1); Division 2 of Part 3, Subdivision 1 of Division 5 of Part 4, Subdivision 2 of Division 5 of Part 4, Division 6 of Part 4, Division 8 of Part 4, Division 2 of Part 5 on 1 July 2001: regulation 103(2); Division 2 of Part 4 on 1 January 2002: regulation 103(3).
The Dangerous Goods (Storage and Handling) Regulations 2000 will sunset 10 years after the day of making on 5 December 2010 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Dangerous Goods (Storage and Handling) Regulations 2000 by statutory rules, subordinate instruments and Acts.
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Dangerous Goods (HCDG) Regulations 2005, S.R. No. 96/2005
Date of Making:
2.8.05
Date of Commencement:
Reg. 802 on 1.10.05: reg. 103(1)
Occupational Health and Safety Regulations 2007, S.R. No. 54/2007
Date of Making:
19.6.07
Date of Commencement:
Regs 9.2.1-9.2.4 on 1.7.07: reg. 1.1.3(1)
Dangerous Goods (Transport by Road or Rail) Regulations 2008, S.R. No. 166/2008
Date of Making:
16.12.08
Date of Commencement:
Reg. 256 on 1.1.09: reg. 3
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3. Explanatory Details

1 Reg. 104: S.R. No. 323/1989.  For ease of reference only, definitions (but not other parts of speech and grammatical forms of a word or phrase defined) appear in bold in the text.  Section 39 of the Interpretation of Legislation Act 1984 provides that where a word or phrase is given a particular meaning in an Act or subordinate instrument, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings.
For ease of reference only, a number of definitions from the Dangerous Goods Act 1985, as at 8 December 2000, appear below.  Not all definitions from the Act appear below, but only those that appear often in the text of these Regulations.  To achieve a full and proper understanding of these Regulations it is still necessary to refer to the Act in full.
Reprint No. 5 as at 30 November 1999. Reprinted to S.R. No. 154/1998. Subsequently amended by S.R. No. 50/2000.
Section 3(1) of the Act contains a number of definitions, including the following-
Authority means the Victorian WorkCover Authority established under section 18 of the Accident Compensation Act 1985;
ADG Code means the document known as the Australian Code for the Transport of Dangerous Goods by Road and Rail (Sixth edition or a later prescribed edition), as amended from time to time;
container means anything in or by which dangerous goods are wholly or partly cased, covered, enclosed, contained or packed, whether such a thing is empty or partially or completely full but does not include a vehicle;
dangerous goods has the same meaning as it has in the ADG Code except that-
(a) Class 1 dangerous goods in that Code are not dangerous goods for the purposes of this Act; and
(b) the following substances and articles are also dangerous goods-
(i) explosives; and
(ii) combustible liquids having a flashpoint higher than 61°C; and
(iii) any substance or article declared to be dangerous goods by an Order in Council made under section 9B;

manifest means an inventory of dangerous goods;
manufacture includes any part or the whole of any process of-
(a) making non-dangerous goods from dangerous goods;
(b) making non-dangerous goods from non-dangerous goods, where in the course of the process dangerous goods are made;
(c) the unmaking, altering, repairing or remaking of dangerous goods;
occupier, in relation to any premises (other than licensed premises that are a vehicle or boat), includes a person who-
(a) is the owner of the premises;
(b) exercises control at the premises under a mortgage, lease or franchise; or
(c) is normally or occasionally in charge of or exercising control or supervision at the premises as a manager or employee or in any other capacity-
and, in relation to licensed premises that are a vehicle or boat, includes a person who-
(d) is the owner of the vehicle or boat; or
(e) is in charge of the vehicle or boat;
transfer means any process which involves-
(a) the filling, loading, pumping or pouring of dangerous goods into a container; or 
(b) the discharging, unloading, pumping or pouring of dangerous goods from a container.
Section 3(2) of the Act provides as follows-
"For the purposes of the interpretation of manufacture, making includes-
(a) any process of chemical reaction;
(b) any process which involves the mixing, separation, concentration, dilution, assembling or blending of substances or articles; and
(c) the operation of machinery, plant or equipment which is using, treating or processing dangerous goods.".
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Table/s of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 127/2000 in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994.
In the following table-
ADG Code means the document known as the Australian Code for the Transport of Dangerous Goods by Road and Rail (Sixth edition or a later prescribed edition), as amended from time to time;
AS 1940-1993 means Australian Standard AS 1940-1993, "The storage and handling of flammable and combustible liquids", published by Standards Australia, as amended from time to time;
AS 2430.1-1987 means Australian Standard AS 2430.1-1987, "Classification of hazardous areas", published by Standards Australia, as amended from time to time;
AS 2700S-1996 (R13) means Australian Standard AS 2700S-1996 (R13), "Colour Standards for general purposes-Signal Red", published by Standards Australia, as amended from time to time;
AS 2700S-1996 (Y13) means Australian Standard AS2700S-1996 (Y11), "Colour Standards for general purposes-Canary", published by Standards Australia, as amended from time to time;
AS/NZS 2106 means the series of Australian and New Zealand Standards referred to in clause 1 of Schedule 1, published jointly by Standards Australia and Standards New Zealand, as amended from time to time;
AS/NZS 2430 means the series of Australian and New Zealand Standards referred to in clause 2 of Schedule 1, published jointly by Standards Australia and Standards New Zealand, as amended from time to time.





Table of Applied, Adopted or Incorporated Matter
Statutory Rule
Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 105-definition of Class
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Regulation 2.3
Regulation 105-definition of Class label
ADG Code
Division 7.1 of Chapter 7
Regulation 105-definition of control temperature
"Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria ST/SG/AC.10/11/Rev.3", published by the United Nations, as amended from time to time
"Recommendations on the Transport of Dangerous Goods, Model Regulations ST/SG/AC.10/1/Rev.11", published by the United Nations, as amended from time to time
The whole





The whole
Regulation 105-definition of firepoint
AS 1940-1993
Clause 1.8
Regulation 105-definition of flashpoint
AS/NZS 2106
The whole
Regulation 105-definition of hazardous area
AS 2430.1-1987
AS/NZS 2430
The whole
The whole

Statutory Rule
Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 105-definition of Packing Group
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Regulation 2.5
Regulation 105-definition of proper shipping name
ADG Code
Division 2.2 of Chapter 2
Regulation 105-definition of Subsidiary Risk
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Regulation 2.4
Regulation 105-definition of subsidiary risk label
ADG Code
Division 7.1 of Chapter 7
Regulation 105-definition of UN Number
ADG Code
Appendix 1 and Appendix 2
Regulation 301(2)(a)(i)
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Regulation 2.2
Regulation 301(2)(a)(ii)
AS 1940-1993
Clause 1.8
Regulation 301(2)(b)
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Regulations 2.2, 2.3, 2.4 and 2.5

Statutory Rule
Provision
Title of applied, adopted or incorporated document
Matter in applied, adopted or incorporated document
Regulation 304(2)(a)
Road Transport Reform (Dangerous Goods) Regulations 1997 of the Commonwealth, as amended from time to time
Part 3 and Part 7
Regulation 306(2)(f)
ADG Code
Appendix 5
Regulation 420(2)(b)(i)
Adopted National Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003(1995)] declared by the National Occupational Health and Safety Commission, as amended from time to time
The whole
Regulation 430(2)(a)
ADG Code
Chapter 7
Regulation 442(2)
ADG Code
Chapter 7
Schedule 3, clause 4(d)(iii)
ADG Code
Appendix 5
Schedule 3, clause 5(c)(i) 
ADG Code
Appendix 5
Schedule 3, clause 7
ADG Code
Chapter 11
Schedule 4-clause 1(3)
AS2700S-1996 (R13)
The whole
Schedule 4-Note 2 to Figure 2
ADG Code
Chapter 7
Schedule 4-text attached to Figure 5
AS 2700S-1996 (R13)
AS 2700S-1996(Y11)
The whole
The whole

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Part 1-Preliminary


Dangerous Goods (Storage and Handling) Regulations 2000
S.R. No. 127/2000