South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 2—Transitional provisions
Part 3—Transitional provisions
5—Continuing effect of licences, determinations, approvals and
exemptions
(1) This clause
applies to a licence, determination, approval or exemption that—
(a) was
granted, made or given under the Act, Part 4 of the Dangerous Substances
Regulations 2002 as in force before the commencement of these regulations
or a provision applied by that Part; and
(b) was
in force in this State immediately before the commencement of these
regulations; and
(i)
a licence of a kind that may be granted under—
(A) regulation 20 (dangerous goods
driver licence); or
(B) regulation 26 (dangerous goods
vehicle licence);
(ii)
a determination of a kind that may be made under
regulation 155;
(iii)
an approval of a kind that may be given under
regulation 157;
(iv)
an exemption from compliance with a provision of or
applied by Part 4 of the Dangerous Substances Regulations 2002 that
corresponds to a provision of these regulations (the relevant exemption
provision ).
(2) The licence,
determination or approval has effect for the purposes of these regulations as
if it were a licence, determination or approval granted, made or given by the
Competent Authority under the regulation referred to in subregulation
(1)(c)(i), (ii) or (iii), as the case requires.
(3) The exemption has
effect for the purposes of these regulations as if it were an exemption
granted by the Competent Authority under section 36 of the Act from compliance
with the relevant exemption provision.
(4) If an approval or
exemption that is continued in effect by virtue of this clause does not have
an expiry date, it will expire on the fifth anniversary of the commencement of
these regulations (if it has not earlier ceased to have effect).
6—Continuing effect of corresponding licences, determinations, approvals
and exemptions
(1) This clause
applies to a licence, determination, approval or exemption (however described)
that—
(a) was
granted, made or given under a law regulating the transport of dangerous goods
by road or rail made by another State or a Territory of the Commonwealth that
has passed or has indicated that it intends to pass a corresponding law; and
(b) was
in force in the other State or Territory immediately before the commencement
of these regulations; and
(c) is a
licence, determination, approval or exemption that may be granted, made or
given under a provision of the law of the other State or Territory
corresponding to a provision of these regulations.
(2) Except for
circumstances that do not exist in this State, the licence, determination,
approval or exemption has effect for the purposes of these regulations as if
it were a corresponding dangerous goods driver licence, corresponding
dangerous goods vehicle licence, corresponding determination, corresponding
approval or corresponding exemption (as the case requires).
(3) If an approval or
exemption that is continued in effect by this clause does not have an expiry
date, it will expire on the fifth anniversary of the commencement of these
regulations (if it has not earlier ceased to have effect).
7—Alternative compliance with ADG 6 until 31 December 2009
(1) Until 31 December
2009, for the purposes of these regulations—
(a)
dangerous goods may continue to be classified in accordance with ADG 6 and
consequently be regarded as being of the UN Class, Packing Group and
Subsidiary Risk, and having the UN Number, proper shipping name and HAZCHEM
Code, applicable under ADG 6; and
(b)
dangerous goods that, in accordance with ADG 6, are of a particular UN Class
comprised of a decimal number will be regarded as being dangerous goods of the
UN Division of the same number; and
(c) the
Special Provisions referenced in the Dangerous Goods List in ADG 6 continue to
apply in relation to dangerous goods classified in accordance with ADG 6 as if
they were Special Provisions referenced in the Dangerous Goods List in ADG 7;
and
(d)
packaging that complies with the requirements of ADG 6 will be regarded as if
it were packaging that complies with the relevant requirements of Parts 4 and
6 of ADG 7; and
(e)
packagings and packing methods that are used for dangerous goods in accordance
with ADG 6 will be regarded as if they were packaging and packing methods used
for the dangerous goods in accordance with ADG 7,
and these regulations will have effect accordingly, despite any other
provision of these regulations.
(2) Consequently, for
example, until 31 December 2009—
(a) an
offence involving dangerous goods is not committed against these regulations
if the offence would not have been committed taking into account the
classification and description of the goods applicable under ADG 6 rather than
ADG 7; and
(b) an
offence involving contravention of a requirement of ADG 7 relating to
packagings or packing methods is not committed unless there is a contravention
of the relevant requirements of both ADG 7 and ADG 6; and
(c) an
offence may be committed against Part 14 in relation to goods classified in
accordance with ADG 6 if a Special Provision referenced in the Dangerous Goods
List in ADG 6 applies to the transport of the goods and the transport of the
goods contravenes or will contravene the Special Provision.
(3) For the purposes
of this clause—
(a) ADG
6 is comprised of the 6th edition of the Australian Code for the Transport of
Dangerous Goods by Road and Rail , as in force under the Road Transport Reform
(Dangerous Goods) (South Australia) Regulations 1998 immediately before
the commencement of these regulations, read as if it incorporated and were
subject to any relevant determinations; and
(b) ADG
7 is the ADG Code, as defined by regulation 4.