South Australian Consolidated Regulations South Australian Consolidated Regulations (1) For the purposes
of these regulations, unless the contrary intention appears—
"Act" means the Dangerous Substances Act 1979 ;
"ADG Code" means the 7th edition (2007) of the Australian Code for the
Transport of Dangerous Goods by Road and Rail published by the Commonwealth of
Australia (ISBN 1 921168 57 9);
"ADR approved" means approved in accordance with the European Agreement
Concerning the International Carriage of Dangerous Goods by Road published by
the Inland Transport Committee of the Economic Commission for Europe;
"aggregate quantity"—the aggregate quantity of dangerous goods in a load
is 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 receptacles in the load containing dangerous goods
of UN Class 2 (other than aerosols);
"ambulance officer" means a person employed as an ambulance officer, or
engaged as a volunteer ambulance officer, with an organisation that provides
ambulance services;
"appropriately marked and labelled"—see regulation 74;
"appropriately placarded"—see regulation 78;
"approval"—see regulation 157;
"approved packaging" means—
(a)
packaging of a design that is approved under regulation 157(3); or
(b)
foreign approved packaging;
"approved tank" means—
(a) a
tank of a design that is approved under regulation 157(3); or
(b) a
foreign approved tank;
"approved test" means a test that is approved under regulation 157(1);
"approved training course" means a training course that is approved under
regulation 157(1);
"Australian Transport Council" has the same meaning as in the
National Transport Commission Act 2003 of the Commonwealth;
"bulk container" means a container (with or without a liner or coating) that
has a capacity of 1.0 m 3 or more and is intended for the transport of solid
dangerous goods that are in direct contact with the container, but does not
include—
(a) a
large packaging that complies with the requirements of Chapter 6.6 of the ADG
Code; or
(b) an
IBC; or
(c) a
tank; or
(d) a
tank vehicle; or
(e) any
other packaging that complies with the requirements of Chapter 6.1 or 6.3 of
the ADG Code;
"bulk transfer" of dangerous goods means the transfer by gravity, pump or
pressure differential of liquid, solid or gaseous dangerous goods by the use
of pipework or hose;
"CAP" means the Competent Authorities Panel comprised of the Competent
Authority and the corresponding authorities and acting under rules established
by the participating jurisdictions through the National Transport Commission;
"capacity" means the total internal volume of a packaging at a temperature of
15° Celsius, expressed in litres or cubic metres;
"compliance plate" means a plate that must be attached to an MEGC, portable
tank or tank vehicle under Part 6 of the ADG Code;
"consignor"—a person is the consignor of goods that are transported
if—
(a) the
person is, with the person’s authority, named or otherwise identified in
transport documentation as the consignor of the goods; or
(b) the
person engages a prime contractor or rail operator, either directly or through
an agent or other intermediary, to transport the goods; or
(c) the
person has possession of, or control over, the goods immediately before the
goods are transported; or
(d) the
person loads a vehicle with the goods, for transport, at a place—
(i)
where dangerous goods are awaiting collection; and
(ii)
that is unattended (except by the driver) during loading;
or
(e) in
the case of goods transported following their import into Australia—the
person is the importer of the goods;
"contravene" includes fail to comply;
"converter dolly" has the same meaning as in the Road Traffic (Vehicle
Standards) Rules 1999 ;
"corresponding approval" means an approval to which regulation 158
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 Competent Authority;
"corresponding dangerous goods driver licence" means a licence granted under a
provision of the law of another State or a Territory of the Commonwealth
corresponding to regulation 20 and to which regulation 41 applies;
"corresponding dangerous goods vehicle licence" means a licence granted under
a provision of the law of another State or a Territory of the Commonwealth
corresponding to regulation 26 and to which regulation 41 applies;
"corresponding determination" means a determination to which
regulation 156 applies;
"corresponding exemption" means an exemption to which regulation 169
applies;
"corresponding law" means a law of another State or a Territory of the
Commonwealth corresponding, or substantially corresponding, to Part 4 of the
Act and these regulations;
"dangerous goods"—see regulation 11;
"dangerous goods driver licence" means a licence that is in force under Part 3
Division 2;
"Dangerous Goods List" means the list set out in section 3.2.3 of the ADG
Code;
"dangerous goods vehicle licence" means a licence that is in force under Part
3 Division 3;
"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"—see regulation 155;
"driver licence" means a licence (including a probationary and a conditional
licence but not including a provisional or learner's licence or permit) issued
under the Motor Vehicles Act 1959 or a law of another State or a
Territory of the Commonwealth that corresponds to that Act authorising the
driver to drive a road vehicle;
"emergency services officer" means—
(a) an
officer or employee of South Australian Metropolitan Fire Service, South
Australian Country Fire Service or South Australian State Emergency Service;
or
(b) an
ambulance officer;
"equipment" in relation to a vehicle includes a device for segregating
dangerous goods from incompatible goods;
"exemption" means an exemption granted under section 36 of the Act;
"fire service" means the South Australian Metropolitan Fire Service or the
South Australian Country Fire Service;
"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;
"foreign approved", in relation to packaging, means packaging that has the
markings required by Part 6 of the ADG Code for packaging of its type, in
confirmation that the packaging is ADR, ICAO, IMO, RID or UN approved;
Note—
Types of foreign approved packaging include, but are not limited to, bulk
containers, IBCs, large packagings, MEGCs, portable tanks, pressure drums and
tubes that are ADR, ICAO, IMO, RID or UN approved.
"freight container" means a re-useable container of the kind mentioned in
AS/NZS 3711 that is designed for repeated use for the transport of goods by 1
or more modes of transport;
"goods" means substances or articles;
"goods too dangerous to transport"—see regulation 12;
"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, tank or receptacle) attached to the hose or
hoses;
"IBC" (intermediate bulk container) means a rigid or flexible portable
packaging for the transport of dangerous goods that complies with the
specifications in Chapter 6.5 of the ADG Code and that—
(a) has
a capacity of not more than—
(i)
for solids of Packing Group I packed in a composite,
fibreboard, flexible, wooden or rigid plastics container—1 500 litres;
and
(ii)
for solids of Packing Group I packed in a metal
container—3 000 litres; and
(iii)
for solids or liquids of Packing Groups II and
III—3 000 litres; and
(b) is
designed for mechanical handling,
but does not include rigid or flexible portable packaging that complies with
the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code;
"ICAO approved" means approved in accordance with the Technical Instructions
for the Safe Transport of Dangerous Goods by Air published by the
International Civil Aviation Organisation;
"IMO approved" means approved in accordance with the International Maritime
Dangerous Goods Code published by the International Maritime Organisation;
"incompatible"—see regulation 16;
"inner packaging", in relation to goods for which outer packaging is required
if the goods are to be transported, means any packaging that is, or that is to
be, contained or protected by outer packaging;
"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 outer packaging that—
(a) is
designed for mechanical handling; and
(b) has
a capacity of not more than 3 m 3 ; and
(c) is
intended to contain articles or inner packaging with—
(i)
a net mass of more than 400 kilograms; or
(ii)
capacities totalling more than 450 litres;
"licence label" means a dangerous goods vehicle licence label issued under
regulation 43;
"load"—a person loads goods on to a vehicle for transport if the
person—
(a)
places or secures unpackaged articles or 1 or more packages of goods in or on
the vehicle (but not by placing or securing a package in further packaging
already on the vehicle); or
(b)
supervises an activity mentioned in paragraph (a); or
(c)
manages or controls an activity mentioned in paragraph (a) or (b);
"load"—
(a) all
the goods transported in a transport unit on a unit of rolling stock being
operated or used on rails constitute a load; and
(b) all
the goods transported in or on a vehicle (other than a vehicle that is a
unit of rolling stock being operated or used on rails or a transport unit on
such a unit of rolling stock) constitute a load,
and, for those purposes, goods transported in or on all trailers attached to a
vehicle (including a vehicle that is a transport unit on a unit of rolling
stock) will be regarded as being transported in or on the vehicle;
"MEGC" (multiple-element gas container) means a multimodal assembly of
cylinders, tubes and bundles of cylinders that are interconnected by a
manifold and assembled within a framework for the transport of gases in the
cylinders and tubes, together with service equipment and structural equipment
necessary for the transport of gases in the cylinders and tubes;
"multimodal" means applicable to, or suitable for use on, more than 1 mode of
transport;
"NATA" means the National Association of Testing Authorities Australia;
"outer packaging" means external packaging (including absorbent materials,
cushioning and any other components) necessary for the purposes of transport
to contain and protect—
(a)
articles; or
(b)
receptacles in composite packaging within the meaning of section 1.2.1.1
of the ADG Code; or
(c)
inner packaging in combination packaging within the meaning of
section 1.2.1.1 of the ADG Code;
"overpack" means packaging (other than large packaging) used to hold and
consolidate packages of goods into a single unit for easier handling and
stowage;
Examples—
A pallet, together with strapping or shrink wrapping, designed to hold
packages; a box or crate into which packages are placed.
"owner"—a person is an owner of a vehicle if the person—
(a) is
the sole owner, a joint owner or a part owner of the vehicle; or
(b) has
possession or use of the vehicle under a credit, hire-purchase, lease or other
agreement, except an agreement requiring the vehicle to be registered in the
name of someone else;
"pack"—a person packs goods for transport if the person—
(a) puts
the goods in a packaging (even if that packaging is already in or on a
vehicle); or
(b)
assembles, places or secures packages in packaging designed to hold, enclose
or otherwise contain more than 1 package (even if that packaging is already in
or on a vehicle); or
(c)
supervises an activity mentioned in paragraph (a) or (b); or
(d)
manages or controls an activity mentioned in paragraph (a), (b) or (c);
"package"—a package of dangerous goods or other goods is the complete
product of the packing of the goods for transport, and consists of the goods
and their packaging;
"packaging"—the packaging of the goods is anything that contains, holds,
protects or encloses the goods, whether directly or indirectly, to enable them
to be received or held for transport or to be transported; the term includes
inner packaging, outer packaging, overpacks, large packaging, IBCs, MEGCs,
tanks (including the tanks on tank vehicles), bulk and freight containers,
drums, barrels, jerry cans, boxes and bags;
"Packing Group"—see regulation 15;
"participating jurisdiction" means this State or another State or a Territory
of the Commonwealth that has a corresponding law;
"placard load" means a load of dangerous goods that—
(a)
contains dangerous goods in a receptacle with a capacity of more than
500 litres; or
(b)
contains more than 500 kilograms of dangerous goods in a receptacle; or
(c)
contains an aggregate quantity of dangerous goods of 250 or more and those
goods include—
(i)
dangerous goods of UN Division 2.1 that are not aerosols;
or
(ii)
dangerous goods of UN Division 2.3; or
(iii)
dangerous goods of Packing Group I; or
(d)
contains dangerous goods of Category A of UN Division 6.2; or
(e)
contains an aggregate quantity of dangerous goods of UN Division 6.2 (other
than Category A) of 10 or more; or
(f)
contains an aggregate quantity of dangerous goods of 1 000 or more,
but does not include a retail distribution load;
"portable tank" means a multimodal tank that—
(a) is
designed primarily to be loaded on to a vehicle or ship; and
(b) has
a capacity of more than 450 litres; and
(c) is
equipped with skids, mountings, stabilisers and accessories to facilitate
mechanical handling; and
(d) is
capable of being loaded and unloaded without removing its service equipment or
structural equipment; and
(e) is
capable of being lifted when full;
"pressure drum" means a welded transportable pressure receptacle of a water
capacity of more than 150 litres but not more than 1 000 litres;
"prime contractor"—a person is a prime contractor in relation to goods
transported by road vehicle if the person, in conducting a business of or
involving the transport of dangerous goods, undertakes to be responsible, or
is responsible, for the transport of the goods by road vehicle;
"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;
"rail operator"—a person is a rail operator in relation to goods
transported by rail if the person undertakes to be responsible, or is
responsible, for—
(a) the
transport of the goods by rail; or
(b) the
condition of a unit of rolling stock transporting the goods;
"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;
"registered medical practitioner" means a medical practitioner registered
under the Medical Practice Act 2004 ;
"registered vehicle" means a vehicle registered under the
Motor Vehicles Act 1959 or a law of the Commonwealth or of another State
or a Territory of the Commonwealth dealing with the registration of motor
vehicles;
"retail distribution load" has the same meaning as in the ADG Code;
"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;
"road" includes a road-related area within the meaning of the
Road Traffic Act 1961 (but the meaning of road in these regulations is
not limited to the meaning of road in that Act);
"road vehicle" means any vehicle other than a unit of rolling stock being
operated or used on rails;
"service equipment", in relation to an MEGC or tank, has the meaning given in
section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case
requires;
"Special Provision"—Column 6 of the Dangerous Goods List specifies
whether a Special Provision applies to dangerous goods, and Chapter 3.3 of the
ADG Code lists the Special Provisions that apply;
"structural equipment", in relation to an MEGC or tank, has the meaning given
in section 6.7.2.1, 6.7.3.1, 6.7.4.1 or 6.7.5.1 of the ADG Code, as the case
requires;
"Subsidiary Risk"—see regulation 14;
"tank" means a receptacle for receiving and holding dangerous goods, together
with any service equipment or structural equipment that enables the receptacle
to transport those goods, but does not include—
(a) a
receptacle for receiving and holding dangerous goods of UN Class 2 with a
capacity of 450 litres or less; or
(b)
packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of
the ADG Code; or
(c) an
IBC; or
(d) an
MEGC; or
(e) a
cylinder; or
(f) a
pressure drum; or
(g) a
tube; or
(h) a
bulk container that complies with the requirements of Chapter 6.8 of the ADG
Code;
"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 that are coupled together, at
least 1 unit of which is a locomotive or self propelled unit;
"transport documentation" means a manifest of goods being, or to be,
transported in or on a vehicle;
"transport unit" means—
(a) a
vehicle; or
(b) a
portable tank; or
(c) a
bulk container; or
(d) a
freight container;
"tube" means a seamless transportable pressure receptacle of a water capacity
of more than 150 litres but not more than 3 000 litres;
"UN approved" means approved in accordance with the United Nations Model
Regulations for the Transport of Dangerous Goods published by the United
Nations;
"UN Class" of dangerous goods means the Class to which dangerous goods belong
in accordance with regulation 13;
"UN Division" of dangerous goods means the Division to which dangerous goods
of a particular UN Class belong in accordance with regulation 13;
"unit of rolling stock" means a vehicle designed to run on rails; the term
includes a vehicle that is designed to operate or be used on a road or on
rails but only while it is being operated or used on rails.
Examples—
A rail wagon; a rail tank wagon; a locomotive; a guard’s van; a crew or
passenger carriage; a track maintenance vehicle.
(2) For the purposes
of these regulations, a packaging will be taken to contain dangerous goods if
it has contained dangerous goods, the dangerous goods have been unpacked from
the packaging and the packaging is not free from dangerous goods.
(3) For the purposes
of the definition of "unit load" in the Act, unit load has the same meaning as
overpack.