2 Interpretation
(1) In these Regulations:
ADG Code, see regulation 4 of the Transport of Dangerous Goods
by Road and Rail (National Uniform Legislation) Regulations 2011.
approved form, for a matter, means the form approved by the
Competent Authority for that matter.
approved period means either of the following:
(a) a retail purchase approved period;
(b) an approved possession period.
approved possession period, see regulation 140(1).
authorised explosive, see regulation 70(1).
capacity, in relation to a container, means the total volume of the
space enclosed within the container.
caravan means a structure designed or adapted for human
habitation, or for use as a shop or workshop, that is capable of
being moved from one place to another whether by means of
towing or transporting on a vehicle or trailer and includes a vehicle
designed or adapted for use as a caravan.
Dangerous Goods Regulations 1985 2
compatibility group, for an explosive, means the compatibility
group for the explosive under the ADG Code.
combustible liquid means a combustible liquid as defined in
AS 1940 "The storage and handling of flammable and combustible
liquids".
depot means a building, structure, room, compartment, tank, store,
area or container in or on which explosives are stored, but does not
include a process building.
detonator includes a detonating relay and an electric detonator and
all adaptations of them.
Director of the Fire and Rescue Service means the Director as
defined in section 3(1) of the Fire and Emergency Act 1996.
disposable container means packaging for Class 2 dangerous
goods that is not designed to be refilled and has a capacity not
exceeding 1 L.
disqualifying offence, see regulation 2A.
explosives means Class 1 dangerous goods.
flammable liquid means a flammable liquid as defined in AS 1940
"The storage and handling of flammable and combustible liquids".
fuel gas means a gas or mixture of gases that may be burned with
air to produce light, heat or power and includes natural gas,
L.P. gas and tempered L.P. gas.
infringement notice, for Part 5, see regulation 211(1).
infringement notice offence, for Part 5, see regulation 210(1).
inner packaging means packaging which is in contact with the
goods placed in the packaging and which is for use inside outer
packaging.
intermediate packaging means packaging that contains inner
packages and which for the purposes of conveyance is placed in
outer packaging.
intoxicated means under the influence of alcohol or a drug to the
extent that the capacity to exercise proper care and skill is
significantly impaired.
Dangerous Goods Regulations 1985 3
L.P. gas means liquefied petroleum gas that is a mixture of
hydrocarbon comprised substantially of propane or butane, or both,
in a liquid or gaseous state.
magazine means any premises, place, receptacle or ship specified
in a licence as a magazine for the storage of explosives.
natural gas means a mixture containing hydrocarbons comprised
substantially of methane obtained from bore holes or from crude oil
other than by thermal or catalytic process.
on site means at, or adjacent to, the place of use.
outer packaging means packaging which contains one or more
inner packages.
owner, in relation to a vehicle, means the person:
(a) described in a certificate of registration issued under the Motor
Vehicles Act 1949, or under a law of a State or Territory
relating to the registration of vehicles, in that State or Territory,
as the owner;
(b) in possession of the vehicle pursuant to a valid and subsisting
contract under a hire purchase agreement or the assignee of
the right to possession;
(c) in possession of the vehicle that is subject to a valid and
subsisting bill of sale; or
(d) in possession of the vehicle pursuant to a current contract for
hire or lease.
package means packaging and its contents.
packaging means any device that is designed to contain goods,
but does not include the following as defined in the Transport of
Dangerous Goods by Road and Rail (National Uniform Legislation)
Regulations 2011:
(a) a tank;
(b) a tank vehicle that is a road vehicle;
(c) a demountable tank;
(d) a freight container.
prescribed amount, for Part 5, see regulation 210(2).
Dangerous Goods Regulations 1985 4
process building means a building in or on licensed premises in
which explosives (other than those for immediate use) are
manufactured or are used in any process of manufacture, but does
not include a building which under the terms of the licence or of an
order in writing by the Competent Authority, is not to be regarded as
a process building.
protected place means a:
(a) public place;
(b) railway or aerodrome;
(c) waterway used for navigation;
(d) dock, wharf, pier, jetty, reservoir, river, wall, sea wall or bridge;
(e) water main or water supply channel, other than an
underground main or channel;
(f) main electrical substation;
(g) electrical power transmission line having a line voltage of 1 kV
or more; or
(h) radio or television transmitter used in community broadcasting
or television services.
protected work means a:
(a) residential building;
(b) government or public building, church, chapel, college, school
or hospital, or any other premises where the public are
accustomed to assemble;
(c) shop, factory, warehouse, store or other premises, or a yard in
which persons are employed or engaged in a trade, business
or profession; or
(d) a depot or process building situated in or on licensed
premises.
public place means a place other than buildings to which the
public has its own right to resort whether or not on payment of
money or other consideration and includes a public highway or
street.
retail purchase approved period, see regulation 139.
shopgoods fireworks, see regulation 70(1).
Dangerous Goods Regulations 1985 5
tempered L.P. gas means gas manufactured by mixing liquefied
petroleum gas with air.
town has the same meaning as in the Crown Lands Act 1992.
(2) A reference in these Regulations to the abbreviation "AS" followed
by a group of numerals or letters, or numerals and letters, is a
reference to the Australian Standard, as in force from time to time,
indicated by that group, published by Standards Australia.
(3) Where a standard, rule, code or specification adopted by these
Regulations, whether in whole or in part, refers to another
document, that document shall be deemed to be incorporated with,
and form part of, the standard, rule, code or specification, as in
force from time to time.
(5) Unless the contrary intention appears, a standard, rule, code or
specification referred to in these Regulations shall be read as
though:
(a) should means must;
(b) a reference to the statutory authority or similar body is a
reference to the Competent Authority; and
(c) a recommendation is a requirement.
(6) Where a standard, rule, code or specification adopted by these
Regulations is inconsistent with these Regulations, the latter shall
prevail and the former shall, to the extent of the inconsistency, be
invalid.
(7) Where there is a discrepancy, conflict or inconsistency between
one or more standards, rules, codes or specifications adopted by
these Regulations, the Competent Authority shall determine by
notice in writing which standard, rule, code or specification shall
prevail and the standard, rule, code or specification so determined
shall be complied with.
(8) Unless the contrary intention appears, a reference in these
Regulations to:
(a) a licence is a reference to a licence that is in force;
(b) licensed premises is a reference to premises in relation to
which a licence is issued;
(d) the kind or quantity of explosives which premises are licensed
to contain is a reference to the kind and maximum quantity of
explosives that may lawfully be stored in the premises.
Dangerous Goods Regulations 1985 6
(9) For the purposes of these Regulations, unless the contrary intention
appears:
(a) a substance or article is away from another substance or
article if:
(i) the substance or article is so situated in relation to the
other that, in such circumstances as can reasonably be
foreseen, one cannot come into contact with the other;
and
(ii) there is between them:
(A) a distance of not less than 5 m; or
(B) a wall impervious to liquid, being a brick wall or
equivalent, at least as high as the higher of the
substances or articles;
(b) a substance or article is separated from another substance or
article if the substances or articles are sufficiently distant one
from the other that they will not react chemically with each
other and, in any case, not less than one metre apart;
(d) a substance or article is in immediate use if it is:
(i) in actual use in a process of manufacture, mixing,
blending, degreasing, cleaning, painting or testing;
(ii) being placed in vats, mixers or other containers in the
course of any such process;
(iii) being conveyed within a depot or a process building; or
(iv) not stored in or on premises for more than 12 hours
continuously,
and a substance or article, other than an explosive, is
manufactured for immediate use if it is manufactured with the
intention that, immediately after it is manufactured, it will be
in immediate use; and
(e) an explosive is manufactured for immediate use if, after its
manufacture, it is:
(i) stored in or on the premises where it was manufactured
for less than 12 hours continuously before it is placed in
its position of final use; and
Dangerous Goods Regulations 1985 7
(ii) used as soon as practicable after being placed in its
position of final use.
(10) A reference in these Regulations to a Class of dangerous goods is
a reference the UN Class of those goods ascertained in accordance
with the ADG Code.
(14) A reference in these Regulations to a prescribed fee is a reference
to the fee specified in column 2 of Schedule 2 in respect of the
regulation specified in column 1 of that Schedule.