DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007 - REG 4

DANGEROUS GOODS SAFETY (ROAD AND RAIL TRANSPORT OF NON-EXPLOSIVES) REGULATIONS 2007 - REG 4

4 .         Terms used

                In these regulations, unless the contrary intention appears —

        Act means the Dangerous Goods Safety Act 2004 ;

        ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail (also called the Australian Dangerous Goods Code) published by the National Transport Commission, including (for the avoidance of doubt) its appendices;

        ADR approved means approved in accordance with the Agreement Concerning the International Carriage of Dangerous Goods by Road published by the Inland Transport Committee of the Economic Commission for Europe;

        aggregate quantity , in relation to a load containing dangerous goods, means the total of —

            (a)         the number of kilograms of —

                  (i)         solid dangerous goods; and

                  (ii)         articles (including aerosols),

                in the load; and

            (b)         the number of litres or kilograms, whichever is 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 the receptacles in the load containing dangerous goods of UN Class 2 (other than aerosols);

        another participating jurisdiction means a participating jurisdiction other than this State;

        appropriately marked has the meaning given in regulation 106;

        appropriately placarded has the meaning given in regulation 111(2);

        approval means an approval that is given by the Chief Officer or an authorised body and is in effect under these regulations;

        approved packaging means —

            (a)         packaging of a design that is approved under regulation 56; or

            (b)         foreign approved packaging;

        approved tank means —

            (a)         a tank of a design that is approved under regulation 56; or

            (b)         a foreign approved tank;

        approved test means a test that is approved under regulation 15(1)(a);

        approved training course means a training course that is approved under regulation 15(1)(b);

        article means a manufactured item, other than a fluid or particle, that —

            (a)         is formed into a particular shape or design during manufacture; and

            (b)         has hazard properties and a function that are wholly or partly dependent on that shape or design,

        and includes batteries, aerosols, gas‑filled lighters, seat belt pre‑tensioners and refrigerating machines;

        authorised body means a body or any other person authorised under regulation 60 to give approvals;

        bulk container has the meaning given in regulation 33;

        capacity means the total internal volume of a packaging at a temperature of 15°C, expressed in litres or cubic metres;

        cargo transport unit means —

            (a)         a road transport tank or freight vehicle; or

            (b)         a railway transport tank or freight wagon; or

            (c)         a portable tank; or

            (d)         a bulk container; or

            (e)         a freight container; or

            (f)         an MEGC;

        combination means a road vehicle consisting of a motor vehicle and one or more trailers;

        Competent Authorities Panel or CAP means the panel of that name comprising persons each of whom —

            (a)         is a competent authority (or a representative of a competent authority) of this or a participating jurisdiction; and

            (b)         is appointed by the Ministerial Council;

        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 an identification plate;

        consigns and consignor have the meaning given in regulation 40;

        corresponding approval means an approval to which regulation 265 applies;

        corresponding authority means the authority in another participating jurisdiction or, if there are separate authorities in that jurisdiction in relation to road transport and to rail transport, the authority in relation to road transport or rail transport, as the case requires, whose functions most nearly correspond to those of the Chief Officer under the Act;

        corresponding dangerous goods driver licence means a licence to which regulation 266 applies that has effect in this State under that regulation as a dangerous goods driver licence;

        corresponding dangerous goods vehicle licence means a licence to which regulation 266 applies that has effect in this State under that regulation as a dangerous goods vehicle licence;

        corresponding determination means a determination to which regulation 263 applies;

        corresponding exemption means an exemption to which regulation 264 applies;

        corresponding law means a law of another State or a Territory corresponding, or substantially corresponding, to these regulations;

        dangerous goods has the meaning given in regulation 28;

        dangerous goods driver licence means a licence that is in force under Part 17 Division 3;

        Dangerous Goods List means the list set out in the ADG Code section 3.2.3;

        dangerous goods vehicle licence means a licence that is in force under Part 17 Division 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 Chief Officer and is in effect under these regulations;

        driver licence means an Australian driver licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        driver licensing authority means an Australian driver licensing authority as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        driving licences register means a register kept by the driver licensing authority of a State or Territory that records information about driver licences granted under a law of that State or Territory;

        emergency service officer  —

            (a)         means an officer or employee of the FES Department; and

            (b)         in Part 14 — includes an officer of an ambulance service;

        exemption means an exemption, in force under the Act Part 4, from any provision of these regulations;

        FES Department means the department of the Public Service principally assisting in the administration of the Fire and Emergency Services Act 1998 ;

        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; or

            (c)         plastic wrapping intended for the packaging of 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 approved, ICAO approved, IMO approved, RID approved or UN approved;

        freight container means a container that —

            (a)         is of a permanent character suitable for repeated use; and

            (b)         is designed to facilitate the transport of goods by one or more modes of transport, without the need for the goods to be unloaded and reloaded when the container is transferred from one mode to another; and

            (c)         is fitted with devices that permit the ready stowage and handling of the container, particularly in relation to the transfer of the container from one mode of transport to another; and

            (d)         is designed in a way that facilitates the ease of loading and unloading of goods from the container; and

            (e)         for a container used to transport goods other than radioactive material — has an internal volume of not less than 1 m ³ ;

        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, a portable tank or a 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 or intermediate bulk container has the meaning given in regulation 34;

        ICAO approved means approved in accordance with the ICAO Technical Instructions;

        ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organisation;

        IMDG Code means the IMDG Code, International Maritime Dangerous Goods Code , 2016 Edition, incorporating Amendment 38‑16 (ISBN: 978‑92‑801‑1636‑6);

        IMO approved means approved in accordance with the IMDG Code;

        incompatible has the meaning given in regulation 32;

        inner packaging has the meaning given in the ADG Code section 1.2.1;

        intermediate packaging has the meaning given in the ADG Code section 1.2.1;

        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 packaging that —

            (a)         consists of outer packaging that contains articles or inner packagings; and

            (b)         is designed for mechanical handling; and

            (c)         has —

                  (i)         a net mass of more than 400 kg or a capacity of more than 450 litres; and

                  (ii)         a volume of not more than 3 m ³ ;

        load has the meaning given in regulation 38;

        loads and loader have the meaning given in regulation 42;

        MEGC or multi‑element gas container has the meaning given in regulation 35;

        Ministerial Council means the body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to infrastructure and transport;

        model subordinate instrument means the Model Subordinate Instrument on the Transport of Dangerous Goods by Road or Rail as agreed to from time to time by the Ministerial Council and published on the website maintained by the Parliamentary Counsel’s Committee;

        multimodal means applicable to, suitable for use on, more than one mode of transport;

        NATA means the National Association of Testing Authorities;

        National Transport Commission means the National Transport Commission established under the National Transport Commission Act 2003 (Commonwealth);

        outer packaging has the meaning given in the ADG Code section 1.2.1;

        overpack means an enclosure, other than large packaging, used to contain one or more packages in a way that forms one unit for convenience of stowage and handling during transport;

        Examples for this definition:

        1.         Packages placed or stacked on a pallet and secured by strapping, shrink wrapping, stretch wrapping or another suitable way.

        2.         Packages placed in protective outer packaging such as in a box or crate.

        owner , of a vehicle, has the meaning given in regulation 39;

        package in relation to dangerous goods or other goods, means the complete product of the packing of the goods for transport, and consists of the goods and their packaging;

        packaging includes —

            (a)         inner packaging, intermediate packaging, outer packaging, an overpack, large packaging, an IBC, an MEGC, a tank (including the tank of a tank vehicle), a bulk container or freight container, a drum, a barrel, a jerry can, a box and a bag; and

            (b)         any other components or materials used for containing the contents of the packaging or performing another safety function in relation to the transport of the packaging and its contents;

        packed in limited quantities has the meaning given in regulation 45;

        Packing Group has the meaning given in regulation 31;

        packs and packer have the meaning given in regulation 41;

        participating jurisdiction means —

            (a)         this State; and

            (b)         another State or a Territory that has a corresponding law;

        placard load means a load that contains dangerous goods and that must be placarded under regulation 110;

        placards has the meaning given in regulation 111(1);

        portable tank means a tank used for the transport of a solid, liquid or gas that —

            (a)         includes a shell fitted with service equipment and structural equipment necessary for the transport of the solid, liquid or gas; and

            (b)         is capable of being loaded and unloaded without removing its structural equipment; and

            (c)         has stabilising components external to its shell, and is capable of being lifted when full; and

            (d)         is designed primarily to be loaded on to a vehicle or vessel and is equipped with skids, mountings or accessories to facilitate mechanical handling; and

            (e)         for a tank used for transporting a substance of UN Class 1 and UN Class 3 to 9 — is a multimodal tank; and

            (f)         for a tank used for transporting non‑refrigerated, liquefied gases of UN Class 2 — is a multimodal tank having a capacity of more than 450 litres; and

            (g)         for a tank used for transporting refrigerated, liquefied gases of UN Class 2 — is a thermally insulated tank having a capacity of more than 450 litres; and

            (h)         is not an item that is not considered to be a portable tank for the purposes of the ADG Code;

        Note for this definition:

                In relation to paragraph (h), see the definition of portable tank in the ADG Code section 1.2.1 for the list of items that are not considered to be a portable tank for the purposes of the ADG Code.

        premises includes a structure, whether permanent or temporary, and land, but does not include a vehicle;

        pressure drums means welded transportable pressure receptacles of a water capacity of more than 150 L but not more than 1 000 L;

        Note for this definition:

                Cylindrical receptacles equipped with rolling hoops, and spheres on skids.

        prime contractor has the meaning given in regulation 43;

        prime mover means a road vehicle that is designed to tow a trailer, but does not include a vehicle that has a load carrying capacity without a trailer;

        provisional licence has the meaning given in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        rail , in relation to the transport of dangerous goods by rail, does not include —

            (a)         a railway in a mine; or

            (b)         a slipway; or

            (c)         a railway used exclusively by a crane;

        rail authority , in respect of a train on a railway, means the person (whether or not a public authority) that is responsible for the care, control or management of the railway;

        rail operator has the meaning given in regulation 44;

        rail tank wagon means a rail wagon of which a tank forms an integral part;

        rail wagon means a unit of rolling stock that —

            (a)         is designed to carry freight by rail; and

            (b)         bears a unique identifying number or alphanumeric identifier;

        receptacle , in relation to 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 has the meaning given in regulation 57;

        registered means registered under Commonwealth, State or Territory law;

        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;

        rigid vehicle means a road vehicle the load carrying area of which is fixed to the vehicle’s chassis or frame;

        road means a road or other place over which vehicles move, whether on private property or not, that is open to, or used by, the public, whether on payment of consideration or not;

        road tank vehicle means a tank vehicle that is a road vehicle;

        service equipment , in relation to a tank or an 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, as the case requires;

        structural equipment , in relation to a tank or an 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, as the case requires;

        Subsidiary Hazard has the meaning given in regulation 30;

        tank has the meaning given in regulation 36;

        tank vehicle means a road vehicle or unit of rolling stock —

            (a)         of which a tank forms part; or

            (b)         to which a tank (other than a portable tank) is attached;

        trailer means a road vehicle that is designed to be towed, or is towed, by another road vehicle, but does not include a road vehicle propelled by a motor that forms part of the vehicle;

        train means 2 or more units of rolling stock coupled together, of which at least one unit is a locomotive or a self‑propelled unit;

        transport documentation means documentation that complies with the requirements of the ADG Code Chapter 11.1;

        tube means a pressure receptacle of seamless or composite construction having a water capacity exceeding 150 litres but not more than 3 000 litres;

        UN approved means approved in accordance with the Model Regulations for the Transport of Dangerous Goods annexed to the Recommendations on the Transport of Dangerous Goods published by the United Nations;

        UN Class , in relation to dangerous goods, has the meaning given in regulation 29;

        UN Division , in relation to dangerous goods, has the meaning given in regulation 29;

        unit of rolling stock means any thing capable of transporting people or things —

            (a)         that is designed to run on rails; or

            (b)         that is designed to operate or be used on the road or on a railway and is being operated or used on a railway,

        and it does not matter how the thing is moved or propelled;

        vehicle means —

            (a)         a road vehicle, including a combination; or

            (b)         a unit of rolling stock.

        [Regulation 4 amended: Gazette 30 Jun 2008 p. 3130; 22 Jun 2010 p. 2717‑19; 19 Feb 2013 p. 989; 13 Jun 2014 p. 1929‑31; 8 Jan 2015 p. 131; 17 Nov 2015 p. 4696; 5 Feb 2016 p. 360; 11 Jul 2017 p. 3820‑1; 31 Aug 2018 p. 3043‑4; SL 2020/193 r. 10; SL 2024/22 r. 4.]