South Australian Consolidated Regulations South Australian Consolidated Regulations3—Scope of Act and regulations
(1) For the purposes
of Part 4 of the Act and these regulations, the following will not be regarded
as dangerous goods that are being transported in or on a vehicle:
(a)
dangerous goods that are in the vehicle’s fuel tank;
(b)
dangerous goods that are in an appliance or plant that is necessary for the
vehicle's operation and forms part of the vehicle;
(c)
dangerous goods that comprise portable fire fighting equipment or other
portable safety equipment and are part of the safety equipment of the vehicle.
(2) Part 4 of the Act
and these regulations do not apply to the transport of the following dangerous
goods except when they are being transported with other dangerous goods:
(a)
dangerous goods of UN Class 1 (explosives);
(b)
dangerous goods of UN Division 6.2 (infectious substances);
(c)
dangerous goods of UN Class 7 (radioactive material);
(d)
explosives within the meaning of the Explosives Act 1936 and substances
declared to be explosives by proclamation under section 5 of that Act.
Note—
Security sensitive ammonium nitrate has been declared to be an explosive by
proclamation (see Gazette 25.1.2006 p 348).
(3) Part 4 of the Act
and these regulations do not apply to—
(a)
goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG
Code if a determination under regulation 155 that the goods are not
dangerous goods is in effect; and
(b)
goods if they are described as not subject to the ADG Code in a
Special Provision applied to the goods by column 6 of the Dangerous Goods List
and any criteria set out in that description as the basis for the goods not
being subject to the code are satisfied.
(4) Part 4 of the Act
and these regulations do not apply to the transport of a load of dangerous
goods in or on a vehicle if the aggregate quantity of dangerous goods in the
load is less than the quantity for which an inner package is required by the
ADG Code to be marked with a proper shipping name or the technical name of the
goods (see section 5.2.1.8 of the ADG Code).
(5) Part 4 of the Act
and these regulations do not apply to the transport of a load of dangerous
goods in or on a vehicle if each of the following is satisfied:
(a) the
load does not include dangerous goods of UN Class 1 (explosives), disregarding
any track signals carried in a unit of rolling stock for the safety of persons
working in rail transport and any dangerous goods of UN Division 1.4S
other than detonators, shaped charges and detonating cord;
(b) if
the load includes dangerous goods of UN Division 2.1 (other than aerosols),
UN Division 2.3 or Packing Group I—the aggregate quantity of dangerous
goods in the load is less than 62.5;
(c) the
load does not include dangerous goods of Category A of UN Division 6.2
(infectious substances) or UN Class 7 (radioactive material);
(d) the
load does not include dangerous goods in a receptacle with a capacity of more
than 500 litres;
(e) the
load does not include more than 500 kilograms of dangerous goods in a
receptacle;
(f) the
aggregate quantity of the dangerous goods in the load is less than 250;
(g) the
goods are packed in packaging that is suitable for their transport, and in
accordance with any relevant provisions of Part 4 (or, if applicable,
Chapter 3.4) of the ADG Code, as required by Part 5;
(h) the
goods are not being transported in the course of a business of transporting
goods by road;
(i)
in relation to transport by rail—the goods are not
being transported on a passenger train.
(6) Part 4 of the Act
and these regulations do not apply to the transport of dangerous goods by or
at the direction of—
(a) an
authorised officer who is exercising a power under the Act; or
(b) an
emergency services officer who is acting to reduce, eliminate or avert risk of
personal injury, property damage or environmental harm from dangerous goods in
a dangerous situation.