Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this Regulation does (mechanically)
Implements detailed legal rules for the road and rail transport of dangerous goods by importing the Australian Dangerous Goods Code (ADG Code) into state law and by spelling out duties, approvals, licences, exemptions and penalties for people and businesses involved in that transport (see s 3; ss 10–11).
Assigns duties to particular actors — consignors (people who send goods), packers, loaders, drivers, owners of vehicles, prime contractors and rail operators — so each has specific obligations at distinct points in the transport chain (see Parts 3–9, 11–13). Many duties are triggered where a person "knows, or reasonably ought to know" a non‑compliance (typical formulation at sections such as 37, 38, 39, 41 and repeated across Parts 4–9).
Makes compliance with the ADG Code (marking, labelling, packaging, placarding, stowage, segregation, vehicle standards, emergency information, bulk transfer procedures, etc.) a legal requirement and creates offence penalties for breaches (see Parts 4–11, especially ss 44–51, 73–81, 115–118, 129–137, 138–151).
Establishes a licensing regime for drivers and vehicles carrying larger quantities or larger receptacles of dangerous goods (driver and vehicle licences, application, renewal, conditions and cancellation rules in Part 18, Divs 3–4; ss 220–221; ss 222–241).
Provides for approvals, administrative determinations and exemptions handled by the Competent Authority; keeps public registers of those instruments; allows conditions on approvals/determinations; and sets administrative processes for applications, variation, cancellation and review (see Parts 1 Div 4 and 16–17; ss 22–29; ss 190–196; ss 200–216).
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Direct links to the current provisions in Dangerous Goods (Road and Rail Transport) Regulation 2022.
Part 1 Preliminary
Division 1 Introductory and application
1 Name of Regulation
This Regulation is the Dangerous Goods (Road and Rail Transport) Regulation 2022.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Dangerous Goods (Road and Rail Transport) Regulation 2014, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Main objects
The main objects of this Regulation are—
(a) to set out the obligations of persons involved in the transport of dangerous goods by road and rail, and
(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road and rail, and
(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road and rail, and
(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and rail and other modes of transport.
4 Dangerous situations
This Regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
5 Exempt transport—the Act, s 13(2)(k)
(1) This Regulation does not apply to the transport by a person of a load that contains dangerous goods if—
(a) the load contains—
(i) dangerous goods in a receptacle with a capacity of 500L or less, or
(ii) 500kg or less of dangerous goods in a receptacle, and
(b) the goods are not, and do not include, designated dangerous goods, and
(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load, and
(d) the goods are not being transported by the person in the course of a business of transporting goods by road, and
(e) in relation to transport by rail—the goods are not being transported by the person on a passenger train.
(2) In this section—
designated dangerous goods means dangerous goods of—
(a) UN Class 1 (explosives), except—
(i) dangerous goods of UN Division 1.4S, and
(ii) detonators carried in a unit of rolling stock or a road vehicle for the safety of persons working in rail transport, or
(b) Category A of UN Division 6.2 (infectious substances), or
(c) UN Class 7 (radioactive material).
6 Further exemptions—the Act, s 13(2)(k)
(1) This Regulation does not apply to the transport by road or rail, or both road and rail, of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive material) except when being transported with other dangerous goods.
(2) This Regulation does not apply to the transport by a vehicle by road or rail, or both road and rail, of dangerous goods—
(a) that are not UN Division 6.2 infectious substances and that are in a consignment where the aggregate quantity of dangerous goods is not more than the quantity set out in subsection (3)(a) of the note to section 1.1.1.2 of the ADG Code, or
(b) in the vehicle’s fuel tank, or
(c) in an appliance or plant that forms part of the vehicle and that is necessary for the operation of the vehicle, or
(d) that are personal protective equipment or personal safety equipment and that are part of the safety equipment of the vehicle.
(3) This Regulation does not apply to the transport of dangerous goods by a mobile processing unit for the purpose of manufacturing explosives.
(4) In subsection (3)—
mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate-based explosive to the place where the explosive will be manufactured and used, but does not include a trailer.
7 Special provisions for tools of trade and dangerous goods for private use—the Act, s 13(2)(k)
(1) This section applies to a load if the following conditions are met—
(a) for loads not including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—the load includes an aggregate quantity of dangerous goods of less than 500,
(b) for loads including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—
(i) the load includes an aggregate quantity of dangerous goods of less than 250, and
(ii) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of the aggregate quantity,
(c) the goods in the load are not being transported in the course of a business of transporting goods but are being transported—
(i) by a person who intends to use them, or
(ii) to be used for a commercial purpose.
(2) A person transporting a load to which this section applies is exempt from all obligations imposed by this Regulation other than the obligations imposed by this section.
(3) A person must not transport a load to which this section applies unless each package in the load—
(a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4, and
(b) is labelled and appropriately marked as specified in section 73, and
(c) is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—
(i) its packaging remains fit for purpose, and
(ii) the risks to a person or property, or the environment, are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent practicable.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 in the load of more than 250, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in an enclosed space that is not separated from the passenger compartment of a vehicle.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(5) If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in another enclosed space in the vehicle, unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes likely to cause risk.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
8 Goods suspected of being dangerous goods—the Act, s 13(2)(a)
If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport the goods until—
(a) the goods have been classified in accordance with the ADG Code, or
(b) a determination has been made under section 22(1)(a) in relation to the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Division 2 Interpretation
9 Definitions
The Dictionary in Schedule 3 defines words used in this Regulation.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
10 References to codes, standards and rules
(1) In this Regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.
(2) In this Regulation, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.
(3) If the ADG Code is amended or remade, a reference in this Regulation to a provision of the ADG Code extends to a corresponding provision of the amended or remade ADG Code.
(4) In this section—
instrument means a code, standard or rule, made in or outside Australia, relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.
11 Inconsistency between this Regulation and codes, standards or rules
(1) If all or part of a code, standard or rule, made in or outside Australia, relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, this Regulation and the code, standard or rule is inconsistent with this Regulation, this Regulation prevails to the extent of the inconsistency.
(2) Despite subsection (1), if a provision that is applied, adopted by or incorporated in this Regulation uses a term that is defined in both the relevant code, standard or rule and this Regulation, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.
12 References to determinations, exemptions, approvals and licences
(1) In this Regulation, a reference to one of the following things includes a reference to the thing as varied—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
(2) In this Regulation, a reference to the variation of one of the following things includes a reference to a variation by addition, omission or substitution—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
Example—
The addition of a new condition to an existing administrative determination.
13 Meaning of “bulk container”
(1) A bulk container is a system for containing solid substances, including any liner or coating that—
(a) is designed for transporting solid substances, which are in direct contact with the system, and
(b) is of a permanent character suitable for repeated use, and
(c) is designed to facilitate the transport of solid substances by one or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another, and
(d) is fitted with devices that permit ready handling, and
(e) has a capacity of not less than 1m3.
Examples—
Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers are bulk containers.
(2) However, an IBC, large packaging or a portable tank is not a bulk container.
s 13: Subst 2023 (293), Sch 1[1].
14 Meaning of “IBC”
(1) In this Regulation, IBC or intermediate bulk container means, subject to subsection (2), 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—1,500L, and
(ii) for solids of Packing Group I packed in a metal container—3,000L, and
(iii) for solids or liquids of Packing Groups II and III—3,000L, and
(iv) for any other dangerous goods—3,000L, and
(b) is designed for mechanical handling.
(2) However, a rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not an IBC.
15 Meaning of “MEGC”
In this Regulation, MEGC or multiple-element gas container means—
(a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework, and
(b) service and structural equipment necessary for the transport of gases in the cylinders or tubes.
16 Meaning of “pack” and “packer”
In this Regulation, a person packs dangerous or other goods for transport, and is a packer of the goods, if the person—
(a) puts the goods in packaging, including packaging that is already on a vehicle, or
(b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package, including packaging that is already 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).
Example—
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.
17 Meaning of “packed in limited quantities”
In this Regulation, dangerous goods are packed in limited quantities if—
(a) the goods are packed in accordance with Chapter 3.4 of the ADG Code, and
(b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for the goods.
18 References to “tank”
(1) Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a portable tank, a road tank vehicle, a rail tank wagon, or a receptacle used to contain a solid, liquid or gas.
(2) However, a reference to a tank includes an item mentioned in subsection (1) that is used to transport a gas, as defined in section 2.2.1.1 of the ADG Code, only if it has a capacity of not less than 450L.
s 18: Subst 2023 (293), Sch 1[2].
19 Meaning of “loads” (verb), “loader” and “load” (noun)
(1) In this Regulation, a person loads dangerous or other goods for transport, and is a loader of the goods, if the person—
(a) loads 1 or more packages of the goods in or on a vehicle, or
(b) places or secures 1 or more packages of the goods 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).
(2) Subsection (1) does not apply to—
(a) the loading of goods into packaging that is already on a vehicle, or
(b) the placing or securing of packages in or on a further packaging that is already on a vehicle.
(3) For this Regulation, the following goods are a single load—
(a) all the goods in or on a road vehicle, even if the vehicle is transporting more than 1 cargo transport unit, and
(b) all the goods in a cargo transport unit being transported on a rail vehicle.
Division 3 Training—the Act, s 13(2)(s)
20 Instruction and training
(1) This section applies to a task involved in the transport of dangerous goods, including the following—
(a) packing dangerous goods,
(b) consigning dangerous goods,
(c) loading dangerous goods,
(d) unloading dangerous goods,
(e) handling fumigated cargo transport units,
(f) marking packages,
(g) placarding placard loads,
(h) preparing transport documentation,
(i) maintaining vehicles and equipment used in the transport of dangerous goods,
(j) driving a vehicle transporting dangerous goods,
(k) being the consignee of dangerous goods,
(l) following the appropriate procedures in accordance with this Regulation in a dangerous situation.
(2) A person who is responsible for management or control of a task must not employ, engage or permit another person to perform the task if the other person—
(a) has not received, or is not receiving, appropriate instruction and training to ensure the other person is able to perform the task safely and in accordance with this Regulation, or
(b) is not appropriately supervised in performing the task to ensure the other person is able to perform the task safely and in accordance with this Regulation.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person must not manage, control or supervise a task unless the person has received instruction and training to enable the person to manage, control or supervise another person to perform the task safely and in accordance with this Regulation.
Maximum penalty—40 penalty units.
21 Approvals—tests and training courses for drivers
(1) The Competent Authority may, on its own initiative or in response to an application made in accordance with section 196, approve—
(a) a test of competence for drivers of road vehicles transporting dangerous goods, or
(b) a training course for drivers of road vehicles transporting dangerous goods.
(2) The Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with this Regulation.
Division 4 Determinations
22 Determinations—dangerous goods and packaging—the Act, s 13(2)(c)
(1) The Competent Authority may determine that goods are or are not—
(a) dangerous goods, or
(b) dangerous goods of a particular UN Class, UN Division or Category, or
(c) dangerous goods with a particular subsidiary hazard, or
(d) substances of a particular Packing Group, or
(e) incompatible with particular dangerous goods.
(2) The Competent Authority may determine that—
(a) particular dangerous goods are or are not too dangerous to be transported, or
(b) particular dangerous goods must not be or may be transported in or on the same cargo transport unit or freight container as other goods, whether or not dangerous goods, or
(c) particular dangerous goods may or may not be transported in any packaging despite a prohibition or authorisation in the Dangerous Goods List.
23 Determinations—vehicles, routes, areas and times—the Act, s 13(2)(c)(iv) and (v)
The Competent Authority may determine that specified dangerous goods, or a specified load or type of load that contains dangerous goods, may, must or must not be transported—
(a) using a specified vehicle, or kind of vehicle, or
(b) on a specified route, or
(c) in or through a specified area, or
(d) at a specified time, or
(e) in quantities in excess of a specified amount, or
(f) in specified packaging.
24 Administrative determinations—the Act, s 13(2)(ac)
(1) In this Regulation, a determination is an administrative determination if the determination—
(a) is made on the application of a person, and
(b) applies only to the person, or to the person and to other people named in the application.
(2) A determination is also an administrative determination if the determination—
(a) is made at the initiative of the Competent Authority, and
(b) applies to one or more people named in the determination, and
(c) does not impose an obligation on a person, other than conditions that apply if action is taken on the basis of the determination.
(3) A determination made at the initiative of the Competent Authority may be varied at the initiative of the Competent Authority.
Note—
Part 17 contains provisions dealing with administrative determinations, including applications for administrative determinations and their cancellation and variation.
25 Determinations may be subject to conditions—the Act, s 13(2)(c)(iv)
(1) In making a determination, the Competent Authority may impose in relation to the determination a condition necessary for the safe transport of dangerous goods.
(2) A person to whom a determination applies must not contravene a condition of the determination.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
26 Effect of determinations on contrary obligations under this Regulation—the Act, s 13(2)(ac)
If this Regulation imposes an obligation on a person, and the person is authorised or permitted to act contrary to the obligation by a determination made under this Division, the obligation is to be read as if the determination stated that the person could fulfil the obligation by acting in accordance with the determination.
27 Register of determinations—the Act, s 13(2)(aa)
(1) The Competent Authority must keep a register of determinations.
(2) The register may have separate divisions for different kinds of determinations.
(3) The Competent Authority must record in the register each determination made under this Regulation that is not an administrative determination.
(4) The Competent Authority must note in the register the revocation of a determination made under this Regulation.
Note—
A register of corresponding determinations is kept on the website of the Competent Authorities Panel— www.infrastructure.gov.au/transport/australia/dangerous/competent\_authorities.aspx.
28 Records of determinations—the Act, s 13(2)(ac)
The record of a determination in the register must include—
(a) the provisions of the determination, or
(b) if the determination was notified or published in the Gazette—the following information—
(i) the title of the Gazette and the date of notification or publication,
(ii) the provisions of this Regulation and the ADG Code to which the determination relates,
(iii) the dangerous goods, equipment, packaging, vehicle or other thing to which the determination relates.
29 Offence to do thing prohibited or regulated by determination—the Act, s 13(2)(ac)
(1) If a determination under this Division prohibits or regulates the doing of a thing, a person to whom the determination applies must not do the thing contrary to the determination.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) It is a defence to a prosecution for an offence against subsection (1) that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.
Part 2 Key concepts—the Act, s 13(2)(c)
30 Dangerous goods
(1) In this Regulation, goods are dangerous goods if—
(a) the goods are determined under section 22(1)(a) to be dangerous goods, or
(b) the goods satisfy the dangerous goods classification criteria set out or referred to in Part 2 of the ADG Code.
(2) However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if—
(i) the goods are determined under section 22(1)(a) not to be dangerous goods, or
(ii) the goods are described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List, and any condition included in that description is met.
s 30: Am 2023 (293), Sch 1[3].
31 Goods too dangerous to be transported
Dangerous goods are too dangerous to be transported if they are—
(a) goods set out or described in Appendix A to the ADG Code, or
(b) goods determined under section 22(2)(a) to be too dangerous to be transported, or
(c) goods, other than goods mentioned in paragraph (a) or (b), that are so sensitive or unstable that the goods cannot be safely transported even if the relevant requirements of this Regulation and the ADG Code are complied with.
Note—
The Act, section 8 provides that a person must not consign for transport goods that this Regulation identifies as being too dangerous to be transported.
32 UN Classes, UN Divisions and Categories of dangerous goods
The UN Class, Division or Category of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(b) that the goods are of a particular UN Class, Division or Category is in effect in relation to the goods—the Class, Division or Category specified in the determination, or
(b) otherwise—the Class, Division or Category determined for the goods in accordance with the ADG Code.
Note 1—
Under the UN classification system there are 9 classes of dangerous goods. Under that system some Classes are further divided into Divisions and some Divisions are divided into Categories.
**Example—**UN Division 6.2 infectious substances is divided into—
(a) Category A—substances transported in a form that, if exposure occurs, can cause permanent disability or life-threatening or fatal disease to humans or animals, and
(b) Category B—others.
Note 2—
Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of the list opposite the name and description of the goods, unless Chapter 3.3 of the ADG Code provides for the goods to be assigned to a different Class or Division. If applicable, Chapter 2 of the ADG Code describes how the UN Category of dangerous goods is to be determined. Once again the Category may be changed under Chapter 3.3 of the ADG Code.
33 Subsidiary hazard
The subsidiary hazard, if any, of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(c) that the goods have a particular subsidiary hazard is in effect—the subsidiary hazard specified in the determination, or
(b) otherwise—the subsidiary hazard determined for the goods in accordance with the ADG Code.
Note—
Dangerous goods that are able to be assigned to more than 1 UN Class or Division are assigned a subsidiary hazard. The subsidiary hazard is the other UN Class or Classes, or Division or Divisions, to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their subsidiary hazard is that listed in column 4 of that list opposite the name and description of the goods, unless Chapter 3.3 of the ADG Code provides for the goods to be assigned a different subsidiary hazard.
34 Packing Groups
The Packing Group, if any, of particular dangerous goods for the purposes of this Regulation is—
(a) if a determination under section 22(1)(d) that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination, or
(b) otherwise—the Packing Group determined for the goods in accordance with the ADG Code.
Note—
The assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate, are—
(a) Packing Group I—substances presenting high danger, and
(b) Packing Group II—substances presenting medium danger, and
(c) Packing Group III—substances presenting low danger.
The Packing Group of a substance may be determined from the Dangerous Goods List, although the List may identify instances in which it is also necessary to refer to Chapter 3.3 of the ADG Code.
35 Incompatibility
(1) In this Regulation, dangerous or other goods are incompatible with dangerous goods if—
(a) the goods are incompatible under Chapter 9.1 of the ADG Code, or
(b) the goods are determined under section 22(1)(e) to be incompatible with the dangerous goods, or
(c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk because of the interaction.
(2) In this Regulation, packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if a component of the packaging or equipment that is intended or likely to come into contact with the goods during transport—
(a) is likely to interact with the goods and increase risk because of the interaction, and
(b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.
Part 3 Transport of dangerous goods to which special provisions apply—the Act, s 13(2)(c)(iv)
36 Application of Part
(1) This Part applies if a special provision—
(a) applies to dangerous goods in the Dangerous Goods List, and
(b) prohibits the transport of the goods by road or rail or imposes a restriction on the way the goods are to be transported by road or rail.
(2) In this Part, a special provision applies to dangerous goods if column 6 of the Dangerous Goods List specifies that a special provision applies to the goods.
Note—
Chapter 3.3 of the ADG Code lists the special provisions that apply.
37 Consignor’s duties
A person must not consign dangerous goods for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
38 Packer’s duties
A person must not pack dangerous goods for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
39 Loader’s duties
A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not, or will not, comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
40 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not comply with the special provision.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
41 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) a special provision applies to the transport of the goods, and
(b) the transport of the goods does not comply with the special provision.
Maximum penalty—10 penalty units.
Part 4 Packaging—the Act, s 13(2)(f), (g), (k) and (o)(i)
42 Packing of dangerous goods in limited or excepted quantities
(1) This Part does not apply to dangerous goods that are—
(a) packed in limited quantities, as defined in section 17, or
(b) packed in excepted quantities, as defined in section 73(5).
(2) To avoid doubt, this Part, including section 44 and the offences, applies to dangerous goods that are—
(a) purported to be packed in limited quantities but do not comply with the requirements of section 17, or
(b) purported to be packed in excepted quantities but do not comply with the requirements of section 73(5).
Note—
Sections 17 and 73(5) respectively require compliance with Chapter 3.4 and 3.5 of the ADG Code.
43 References to Part 4 of the ADG Code include Dangerous Goods List requirements
In this Part, a reference to dangerous goods being packed in accordance with a relevant provision in Part 4 of the ADG Code is to be read as including a reference to the goods being packed in accordance with a packing requirement specified in relation to the goods in the Dangerous Goods List.
44 Suitability of packaging for transport
(1) Packaging is unsuitable for the transport of dangerous goods if—
(a) the packaging is required to undergo performance tests under Part 6 of the ADG Code and is not approved packaging, or
(b) the packaging does not meet relevant standards or requirements specified by Part 4 or 6 of the ADG Code, including requirements in relation to inspection, maintenance and repair, or
(c) the use, or re-use, of the packaging for the transport of the goods does not comply with Part 4 or 6 of the ADG Code, or
(d) the use of the packaging for the transport of the goods is prohibited by, or does not comply with, a determination, or
(e) the packaging is incompatible with the goods, or
(f) the packaging is damaged or defective to the extent that it is not safe to use to transport the goods, or
(g) for goods purported to be packed in limited quantities—the packaging of the goods fails to comply with Chapter 3.4 of the ADG Code, or
(h) for goods purported to be packed in excepted quantities—the packaging of the goods fails to comply with Chapter 3.5 of the ADG Code.
(2) A freight container is also unsuitable for use as a bulk container for the transport of dangerous goods if a Safety Approval Plate is not affixed to the freight container as required under the International Convention for Safe Containers 1972.
45 Marking packaging
(1) A person must not apply a marking required by Part 6 of the ADG Code on packaging if the packaging is not of a design approved under section 48.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not apply a marking mentioned in Part 6 of the ADG Code on packaging if the marking is not appropriate for the packaging.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
46 Applications for approval of packaging design
(1) This section applies to packaging that is required to undergo performance tests under Part 6 of the ADG Code.
(2) A person may apply to the Competent Authority for the approval of a design of packaging to which this section applies for use in the transport of dangerous goods.
Examples—
Portable tanks, MEGCs, tanks on tank vehicles, pressure receptacles, aerosol dispensers, IBCs, bulk containers and drums, barrels, jerry cans, boxes, bags and composite packaging are some of the kinds of packaging required to undergo tests under Part 6 of the ADG Code. Performance tests include drop, leakproofness, hydraulic and stacking tests.
(3) An application for approval must—
(a) be made in accordance with section 196, and
(b) include the information required under Part 6 of the ADG Code.
47 Applications for approval—providing false or misleading information
(1) This section applies to an application for approval made under section 46 in relation to the design of a tank.
(2) A person making an application must not include in the application information the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person must not provide information the person knows, or reasonably ought to know—
(a) is false or misleading in a material particular, and
(b) will be included, or is likely to be included, in an application.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
48 Approval of packaging designs
(1) The Competent Authority may, on application in accordance with section 46, approve a design for a packaging for use in the transport of dangerous goods if it is satisfied a packaging of the design—
(a) will comply with, or is permitted by, Part 6 of the ADG Code, and
(b) satisfies all the relevant testing and inspection requirements set out in Part 6 of the ADG Code.
(2) In determining whether packaging of a particular design satisfies a particular testing requirement, the Competent Authority may rely on a test certificate, issued by a recognised testing facility, that complies with section 50.
(3) In giving its approval, the Competent Authority may impose, in relation to the approval, a condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods.
(4) A person must not construct, pack or fail to maintain packaging for use in the transport of dangerous goods, or use packaging to transport dangerous goods, if the person knows, or reasonably ought to know—
(a) a condition about the construction, packing, maintenance or use of the packaging was imposed in relation to the approval of the design for the packaging, and
(b) the construction, packing, failure to maintain or use is in contravention of the condition.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
49 Recognised testing facilities
In this Regulation, the following testing facilities are recognised testing facilities for a packaging design type—
(a) a testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type,
(b) if NATA has not registered a testing facility to conduct performance tests under Part 6 of the ADG Code for the packaging design type—a testing facility in Australia capable of conducting the tests,
(c) a facility in a foreign country approved by a public authority of the country to conduct performance tests under Part 6 of the ADG Code for the packaging design type.
50 Test certificates
(1) A recognised testing facility may give a written certification that a packaging design type has passed particular performance tests for particular dangerous goods.
(2) If a performance test is conducted by a testing facility registered by NATA, a test certificate, or report on the test, must—
(a) contain details required under the relevant Chapter of Part 6 of the ADG Code, and
(b) be in the appropriate form used by NATA registered testing facilities.
(3) If a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA—
(a) the test must be observed by or for the Competent Authority, and
(b) a test certificate, or report on the test, must contain details required under the relevant Chapter of Part 6 of the ADG Code.
51 Approval of overpack preparation method
(1) The Competent Authority may, on application in accordance with section 196, approve a method of preparing an overpack for transport that does not comply with section 5.1.2 of the ADG Code if the Authority considers the risk involved in using the method is not greater than the risk involved in using a method complying with the section.
(2) In giving its approval, the Competent Authority may impose, in relation to the approval, a condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods.
(3) A person must not use an overpack to transport dangerous goods if the person knows, or reasonably ought to know—
(a) a condition about the use of the overpack was imposed in relation to the approval of the method of preparing the overpack, and
(b) the use is in contravention of the condition.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
52 Authorised body may issue approvals—the Act, s 20(b)
(1) The Competent Authority may authorise the following persons to issue approvals under sections 48 and 51—
(a) an engineer holding a university qualification in mechanical engineering,
(b) a laboratory accredited by NATA,
(c) a NSW government agency or statutory body representing the Crown.
(2) In giving its authorisation, the Competent Authority may impose, in relation to the authorisation, a condition it considers appropriate in relation to the issuing of approvals by the person.
(3) In issuing an approval, in addition to complying with a condition imposed under subsection (2), the person must also—
(a) comply with any relevant requirements imposed by Part 6 of the ADG Code in relation to the issuing of the approval, and
(b) give the Competent Authority, in relation to the approval, all of the information listed in section 208.
(4) If a person is authorised to issue approvals under this section—
(a) a reference in section 46, 48 or 51 to the Competent Authority applies as if it were a reference to the person, and
(b) a reference to the Competent Authority in Part 17, Division 1 or 4, to the extent the Division deal with approvals, applies as if it were a reference to the person, and
(c) a reference in this Regulation to an approval under section 48 or 51 includes a reference to an approval given by the person under section 48 or 51 as applied by paragraph (a), and
(d) section 260(c), (d) and (h) apply as if a reference in section 260 to the Competent Authority were a reference to the person.
(5) The Competent Authority may withdraw an authorisation granted under this section at any time.
(6) The withdrawal of an authorisation does not affect an approval issued by the person before the withdrawal took effect.
53 Offence to sell or supply non-compliant packaging
A person must not sell, supply, or offer to sell or supply, packaging for use in the transport of particular dangerous goods unless the packaging—
(a) is of a design that has been approved under section 48 and it is marked in accordance with Part 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code and, according to the marking, the use of the packaging is appropriate for the goods, or
(b) complies with the relevant requirements of Parts 4 and 6, or, if applicable, Chapter 3.4 or 3.5, of the ADG Code, including relevant marking requirements, and the use of the packaging is appropriate for the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
54 Definition
In this Division—
general packaging means all packaging, including large packagings, other than portable tanks, MEGCs, bulk containers, freight containers, tanks on tank vehicles and overpacks.
55 Consignor’s duties
A person must not consign dangerous goods for transport in general packaging if the person knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
56 Packer’s duties
(1) A person must not pack dangerous goods for transport in general packaging if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not pack dangerous goods for transport in general packaging in a way the person knows, or reasonably ought to know, does not comply with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
57 Loader’s duties
A person must not load dangerous goods that are in general packaging on to a vehicle for transport if the person knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
58 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not transport dangerous goods in general packaging if the prime contractor or rail operator knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
59 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods in general packaging if the person knows, or reasonably ought to know, the packaging is damaged or defective to the extent that it is not safe to use to transport the goods by road.
Maximum penalty—20 penalty units.
Division 5 Offences relating to other packaging
60 Definition
In this Division—
other packaging means MEGCs, portable tanks, demountable tanks, bulk containers, freight containers and tanks on tank vehicles.
61 Manufacturer’s duties—compliance plates on portable tanks, MEGCs and tank vehicles
(1) A person who manufactures a portable tank for use in the transport of dangerous goods must attach a compliance plate to the tank in accordance with—
(a) if the tank is not made of fibre reinforced plastic—Chapter 6.7 of the ADG Code, or
(b) if the tank is made of fibre reinforced plastic—Chapter 6.7 and section 6.9.2.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(1A) A person who manufactures an MEGC for use in the transport of dangerous goods must attach a compliance plate to the MEGC in accordance with Chapter 6.7 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) Subsection (1) does not apply to a person in relation to a portable tank if—
(a) Chapter 6.7 and section 6.9.2.10 of the ADG Code permit the marking of the tank instead of the attachment of a compliance plate, and
(b) the tank is marked as required by Chapter 6.7 of the ADG Code.
(3) A person who manufactures a tank vehicle for use in the transport of dangerous goods must attach a compliance plate to the vehicle in accordance with section 6.10.2.2 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
s 61: Am 2023 (293), Sch 1[4]–[6].
62 Owner’s duties—portable tanks, demountable tanks and MEGCs
The owner of a portable tank, a demountable tank or an MEGC must not use the tank or MEGC, or permit the tank or MEGC to be used, to transport dangerous goods if the tank or MEGC is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
63 Consignor’s duties
(1) A person must not consign dangerous goods for transport in other packaging provided by the person if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not consign dangerous goods for transport in other packaging that was provided by another person if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
64 Packer’s duties
(1) A person must not pack dangerous goods for transport in other packaging if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not pack dangerous goods for transport in other packaging in a way the person knows, or reasonably ought to know, does not comply with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
65 Loader’s duties
A person must not load dangerous goods in other packaging on to a vehicle for transport if the person knows, or reasonably ought to know, the packaging is unsuitable for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
66 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by the prime contractor or rail operator if—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A prime contractor or rail operator must not transport dangerous goods in other packaging provided by another person if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
67 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods in other packaging if the person knows, or reasonably ought to know—
(a) the packaging is unsuitable for the transport of the goods, or
(b) the goods have not been packed in the packaging in accordance with a relevant provision in Part 4 of the ADG Code.
Maximum penalty—40 penalty units.
Division 6 Offences relating to overpacks
68 Consignor’s duties
A person must not consign dangerous goods for transport in an overpack if the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
69 Packer’s duties
A person must not pack dangerous goods for transport in an overpack if the person knows, or reasonably ought to know, the packing of the packages into the overpack, or the preparation of the overpack or its contents, does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
70 Loader’s duties
A person must not load dangerous goods in an overpack on to a vehicle for transport if the person knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
71 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not transport dangerous goods in an overpack if the prime contractor knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
72 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, the preparation of the overpack and its contents does not comply with either—
(a) section 5.1.2 of the ADG Code and other provisions of this Part, or
(b) an approval under section 51.
Maximum penalty—15 penalty units.
Part 5 Consignment procedures—the Act, s 13(2)(f)
Note—
Section 5.1.3.3 of the ADG Code provides for unused pre-labelled dangerous goods packagings to be identified in order to avoid inappropriate emergency response.
73 Meaning of “appropriately marked”
(1) A receptacle that has a capacity of more than 500kg or 500L, other than an overpack, is appropriately marked if it is marked and labelled in accordance with Chapters 5.2 and 5.3.3 of the ADG Code.
(2) An overpack is appropriately marked if it is marked and labelled in accordance with section 5.1.2 of the ADG Code.
(3) Any other package of dangerous goods is appropriately marked if it is marked and labelled in accordance with Chapter 5.2 of the ADG Code.
(4) The following alternatives to subsections (1)–(3) apply—
(a) a package of dangerous goods packed in limited quantities is appropriately marked if it is marked and labelled in accordance with Chapter 3.4 of the ADG Code,
(b) a package of dangerous goods packed in excepted quantities is appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code.
(5) In subsection (4)(b), dangerous goods are packed in excepted quantities if—
(a) the goods are assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List, and
(b) the goods are packed in accordance with Chapter 3.5 of the ADG Code, and
(c) the quantity of dangerous goods does not exceed the quantity specified in section 3.5.1.2 of the ADG Code.
(6) To avoid doubt, subsections (1) and (3) do not apply to cargo transport units.
74 Consignor’s duties
(1) A person must not consign dangerous goods for transport in a package if the package is not appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(2) A person must not consign dangerous goods for transport in a package if a marking or label on the package about its contents is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(3) A person must not consign goods for transport in a package that does not contain dangerous goods but that is marked or labelled as if it contained dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(4) Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
(5) A reference to a label in this section includes a reference to a placard.
75 Packer’s duties
(1) A person must not pack dangerous goods for transport in a package if the person knows, or reasonably ought to know, the package is not, or will not be once the package is ready to be transported, appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(2) A person who packs dangerous goods for transport in a package must not mark or label the package with a marking or label about its contents that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(3) A person who packs goods for transport in a package must not mark or label the package as if it contained dangerous goods if the person knows, or reasonably ought to know, it does not contain dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(4) Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
(5) A reference to a label in this section includes a reference to a placard.
76 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport goods in a package if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the goods are dangerous goods, and
(b) the package is not appropriately marked.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(2) A prime contractor or rail operator must not transport dangerous goods in a package if the prime contractor or rail operator knows, or reasonably ought to know, a marking or label on the package about its contents is false or misleading in a material particular.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(3) A prime contractor or rail operator must not transport goods in a package that is marked or labelled as if it contained dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know, the package does not contain dangerous goods.
Maximum penalty—
(a) for large packaging or overpack—
(i) for an individual—20 penalty units, or
(ii) for a body corporate—100 penalty units, or
(b) otherwise—
(i) for an individual—10 penalty units, or
(ii) for a body corporate—30 penalty units.
(4) Subsection (3) does not apply if the marking or labelling of the package complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the package.
(5) A reference to a label in this section includes a reference to a placard.
77 When load must be placarded
(1) A load that contains dangerous goods must be placarded if—
(a) it contains—
(i) dangerous goods in a receptacle, other than an article, with a capacity of more than 500L, or
(ii) more than 500kg of dangerous goods in a receptacle, other than an article, or
(b) it contains an aggregate quantity of dangerous goods of 250 or more, other than specified goods, and the dangerous 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
(c) it contains dangerous goods of UN Division 6.2, Category A, or
(d) it contains an aggregate quantity of dangerous goods of UN Division 6.2, other than Category A, of 10 or more, or
(e) it contains an aggregate quantity of dangerous goods of 1,000 or more, other than specified goods.
(2) A load that contains dangerous goods must be placarded if the load contains specified goods and—
(a) the specified goods include an aggregate quantity of 2,000 or more of any 1 UN number from a single place of consignment, or
(b) the total gross mass of the specified goods is 8t or more.
Note—
This subsection applies separately and in addition to subsection (1). See Table 5.3 of the ADG Code.
(3) A load that contains dangerous goods, and that is not otherwise required to be placarded under this section, must be placarded if the load meets the following conditions—
(a) the load contains a mixture of specified goods and other dangerous goods,
(b) the following combined quantity calculation applies—
(i) if the load contains dangerous goods referred to in subsection (1)(b)(i)–(iii)—the aggregate quantity of those dangerous goods, plus 10% of the total gross mass of the specified goods, is 250 or more,
(ii) otherwise—the aggregate quantity of dangerous goods that are not specified goods, plus 25% of the total gross mass of the specified goods, is 1,000 or more.
(4) In this section, specified goods means—
(a) dangerous goods packed in limited quantities,
(b) any of the following—
(i) fireworks that are bon bons, party poppers or sparklers,
(ii) domestic smoke detectors containing radioactive material,
(iii) lighters or lighter refills containing flammable gas,
(iv) fire extinguishers containing compressed or liquefied gas, up to a net mass of 23kg,
(c) a combination of the dangerous goods referred to in paragraphs (a) and (b).
Note—
See Note 5 to Table 5.3 of the ADG Code.
78 Meaning of “appropriately placarded”
(1) In this Regulation, a person placards a load that contains dangerous goods if the person affixes, stencils, prints or places a label or an emergency information panel in relation to the load on a thing that is being, or that is to be, used to transport the load.
(2) In this Division, a placard load is appropriately placarded if it is placarded in accordance with Chapter 5.3 of the ADG Code.
(3) In this section—
emergency information panel has the same meaning as in section 5.3.1.3 of the ADG Code.
label has the same meaning as in the ADG Code.
79 Consignor’s duties
(1) A person must not consign a placard load for transport if the load is not appropriately placarded.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not consign a placard load for transport if the placarding of the load is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person must not consign goods for transport in or on a cargo transport unit that does not contain dangerous goods but is placarded as if it were a placard load.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) Subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the cargo transport unit.
(5) A person must not consign a load of dangerous goods, other than a placard load, for transport in or on a cargo transport unit if—
(a) the load is placarded, and
(b) the placarding is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
80 Loader’s duties
(1) A person who loads dangerous goods on to a vehicle for transport must ensure that the load is appropriately placarded if the person knows, or reasonably ought to know, the goods are a placard load.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person who loads a placard load on to a vehicle for transport must not placard the load with placarding the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person who loads goods on to a vehicle for transport must not placard the load as if it were a placard load if the person knows, or reasonably ought to know, the load does not contain dangerous goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) Subsection (3) does not apply if the placarding of the load complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the load.
(5) A person who loads dangerous goods, other than a placard load, into or on to a cargo transport unit for transport in or on the unit must not placard the load with placarding the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
81 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport dangerous goods if the prime contractor or rail operator knows, or reasonably ought to know—
(a) the goods are a placard load, and
(b) the load is not appropriately placarded.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator knows, or reasonably ought to know, the placarding of the load is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A prime contractor or rail operator must not use a cargo transport unit that is placarded as if it were a placard load if the person knows, or reasonably ought to know, the cargo transport unit does not contain dangerous goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) Subsection (3) does not apply if the placarding of the cargo transport unit complies with the requirements of the ICAO Technical Instructions or the IMDG Code in relation to the contents of the cargo transport unit.
(5) A prime contractor or rail operator must not transport a load of dangerous goods, other than a placard load, in or on a cargo transport unit if—
(a) the load is placarded, and
(b) the person knows, or reasonably ought to know, the placarding is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
82 Driver’s duties
(1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) the goods are a placard load, and
(b) the load is not appropriately placarded.
Maximum penalty—20 penalty units.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, the placarding of the load is false or misleading in a material particular.
Maximum penalty—20 penalty units.
(3) A person must not drive a road vehicle that is, or incorporates, a cargo transport unit that is placarded as if it were a placard load if the person knows, or reasonably ought to know, the vehicle does not contain dangerous goods.
Maximum penalty—20 penalty units.
(4) A person must not drive a road vehicle that is, or incorporates, a cargo transport unit if—
(a) the unit is transporting a load of dangerous goods, other than a placard load, and
(b) the load is placarded, and
(c) the person knows, or reasonably ought to know, the placarding is false or misleading in a material particular.
Maximum penalty—20 penalty units.
Part 6 Safety standards—vehicles and equipment—the Act, s 13(2)(g) and (k)
83 Owner’s duties
The owner of a vehicle must not use the vehicle, or permit it to be used, to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
s 83: Am 2023 (293), Sch 1[7].
84 Consignor’s duties
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
s 84: Am 2023 (293), Sch 1[7].
85 Loader’s duties
A person must not load dangerous goods on to a vehicle for transport if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
s 85: Am 2023 (293), Sch 1[7].
86 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not use a vehicle to transport dangerous goods if the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
s 86: Am 2023 (293), Sch 1[7].
87 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, the vehicle or its equipment does not comply with Chapters 4.4 and 6.10 of the ADG Code.
Maximum penalty—20 penalty units.
s 87: Am 2023 (293), Sch 1[7].
88 Duties of persons undertaking maintenance, testing or inspection
(1) A person undertaking maintenance, testing or inspection of a licensed vehicle must ensure the maintenance, testing or inspection is carried out in accordance with any applicable requirements of Chapter 4.4 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person undertaking maintenance, testing or inspection of a licensed vehicle must notify the owner of the vehicle if the person knows, or reasonably ought to know, the vehicle or its equipment failed to comply with Chapter 4.4 of the ADG Code immediately before the commencement of the maintenance, testing or inspection.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person undertaking maintenance, testing or inspection of a licensed vehicle must not provide the owner of the vehicle with information about the maintenance, testing or inspection that the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) In this section—
maintenance, testing or inspection means maintenance, testing or inspection to which requirements of Chapter 4.4 of the ADG Code apply.
89 Definitions
In this Division—
heavy tank trailer means a vehicle that is—
(a) a heavy vehicle within the meaning of the Road Transport Act 2013, and
(b) a tank vehicle, and
(c) a trailer.
roll stability system means an electronic system fitted to a vehicle that—
(a) is designed to stabilise the vehicle if the vehicle is at risk of rolling over, and
(b) complies with the requirements of Australian Design Rule 38/05—Trailer Brake Systems, made under the Road Vehicle Standards Act 2018 of the Commonwealth, as in force from time to time.
90 Roll stability systems—general requirement
A heavy tank trailer is unsuitable for the transport of dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
91 Owner’s duties
The owner of a heavy tank trailer must not use the trailer, or permit it to be used, to transport dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
92 Consignor’s duties
A person must not consign dangerous goods for transport in or on a heavy tank trailer if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
93 Loader’s duties
A person must not load dangerous goods on to a heavy tank trailer for transport if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
94 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not use a heavy tank trailer to transport dangerous goods if the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
95 Driver’s duties
A person must not drive a heavy tank trailer transporting dangerous goods if the person knows, or reasonably ought to know, the trailer is not fitted with a roll stability system that is fully functional and properly maintained.
Maximum penalty—20 penalty units.
Part 7 Transport operations relating to certain dangerous goods
96 Application of Division
This Division applies to the transport of the following types of dangerous goods—
(a) gases of UN Class 2,
(b) self-reactive substances of UN Division 4.1,
(c) organic peroxides of UN Division 5.2,
(d) other substances for which—
(i) the proper shipping name contains the word “STABILIZED”, and
(ii) the self-accelerating decomposition temperature, as determined in accordance with Part 2 of the ADG Code, when presented for transport in a packaging is 50 degrees Celsius or lower,
(e) toxic substances of UN Division or Subsidiary Hazard 6.1,
(f) infectious substances of UN Division 6.2,
(g) dangerous when wet substances of UN Division 4.3.
97 Consignor’s duties
A person must not consign dangerous goods to which this Division applies for transport in a cargo transport unit if the person knows, or reasonably ought to know, the goods are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
98 Loader’s duties
A person must not load dangerous goods to which this Division applies for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
99 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport dangerous goods to which this Division applies if the contractor or rail operator knows, or reasonably ought to know, the transport does not comply with Chapter 7.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A prime contractor or rail operator responsible for the transport of 1 or more packages of infectious substances of UN Division 6.2 who becomes aware of damage to, or leakage from, the package or any of the packages must comply with section 7.1.7.2.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
100 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows, or reasonably ought to know, the dangerous goods are not being transported in accordance with Chapter 7.1 of the ADG Code.
Maximum penalty—15 penalty units.
101 Application of Division
This Division applies to goods too dangerous to be transported.
102 Loader’s duties
A person must not load goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
103 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not transport goods if the contractor or operator knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
104 Driver’s duties
A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, the goods are too dangerous to be transported.
Maximum penalty—15 penalty units.
105 Application of Division
This Division applies to tanks or hoppers specified in section 7.2.7.1 of the ADG Code (nominally empty storage vessels).
106 Consignor’s duties
A person must not consign nominally empty storage vessels for transport in a cargo transport unit if the person knows, or reasonably ought to know, the storage vessels are not loaded or stowed, or cannot be transported or unloaded, in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
107 Loader’s duties
A person must not load nominally empty storage vessels for transport by road or rail in a cargo transport unit other than in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
108 Prime contractor’s and rail operator’s duties
A prime contractor or rail operator must not transport nominally empty storage vessels if the contractor or rail operator knows, or reasonably ought to know, the transport does not comply with Chapter 7.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
109 Driver’s duties
A person must not drive a road vehicle transporting nominally empty storage vessels if the person knows, or reasonably ought to know, the storage vessels are not being transported in accordance with Chapter 7.2 of the ADG Code.
Maximum penalty—15 penalty units.
110 Application of Division
This Division applies to the transport of placard loads.
111 Definitions
In this Division—
prohibited area has the same meaning as in the Road Rules 2014, rule 300–2.
specified, in relation to a prohibited area, means specified for the area in the Table to the Road Rules 2014, rule 300–2.
use, in relation to a road vehicle, includes drive, stop or park the vehicle.
112 Prime contractor’s duties
A prime contractor must not cause, permit or allow the use of a road vehicle transporting a placard load in a prohibited area—
(a) on a day or during a period specified for the area, or
(b) if a day or period is not specified for the area—at any time.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
113 Driver’s duties
A driver of a road vehicle transporting a placard load must not use the vehicle in a prohibited area—
(a) on a day or during a period specified for the area, or
(b) if a day or period is not specified for the area—at any time.
Maximum penalty—40 penalty units.
114 Exemptions
(1) A prime contractor or driver does not contravene section 112 or 113 if the vehicle transporting the placard load—
(a) displays a permit issued by the Commissioner of Police under the Road Transport (General) Regulation 2021, section 11(3) authorising it to be used in a prohibited area, and
(b) is used in accordance with the conditions of the permit.
(2) A prime contractor or driver does not contravene section 112 or 113 in an M1 prohibited area unless—
(a) the placard load includes UN Class 1 or UN Division 2.1 goods, or
(b) the placard load requires more than 1 placard, or the use of a mixed class placard, to comply with this Regulation.
(3) In this section—
M1 prohibited area means a prohibited area specified in the Road Rules 2014, rule 300–2, Table, item 16 or 17.
Part 8 Stowage and restraint—the Act, s 13(2)(i) and (k)
115 Consignor’s duties
(1) A person must not consign for transport in or on a vehicle a load that contains dangerous goods and is a placard load if the person knows, or reasonably ought to know, the goods or their packaging are not, or will not be, stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A person must not consign a load that contains dangerous goods for transport in or on a cargo transport unit if the person knows, or reasonably ought to know, the cargo transport unit is not, or will not be, restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
116 Loader’s duties
(1) A person who loads for transport in or on a vehicle a load that contains dangerous goods and is a placard load must ensure the goods and their packaging are stowed, loaded and restrained in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A person who loads for transport in or on a vehicle dangerous goods that are in a cargo transport unit must ensure the cargo transport unit is restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
117 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport in or on a vehicle a load that contains dangerous goods and is a placard load if the prime contractor or rail operator knows, or reasonably ought to know, the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A prime contractor or rail operator must not transport dangerous goods in or on a cargo transport unit if the prime contractor or rail operator knows, or reasonably ought to know, the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
118 Driver’s duties
(1) A person must not drive a road vehicle transporting a load that contains dangerous goods and is a placard load if the person knows, or reasonably ought to know, the goods or their packaging have not been stowed or loaded, or are not restrained, in accordance with Chapter 8.1 of the ADG Code.
Maximum penalty—15 penalty units.
(2) A person must not drive a road vehicle transporting dangerous goods in a cargo transport unit if the person knows, or reasonably ought to know, the goods or their packaging are not restrained in accordance with Chapter 8.2 of the ADG Code.
Maximum penalty—15 penalty units.
Part 9 Segregation—the Act, s 13(2)(k)
119 Application of Part
(1) This Part applies to—
(a) the transport of a placard load, and
(b) the transport of a load that is not a placard load, if the load contains dangerous goods of UN Division 2.3, UN Class 6 or UN Class 8, or dangerous goods that have a Subsidiary Hazard of 6.1 or 8, that are being, or are to be, transported with food or food packaging.
(2) Dangerous goods packed in limited quantities do not need to comply with this Part.
120 Exception for certain goods for driver’s personal use
Despite sections 121–125, food and food packaging may be transported on a road vehicle with dangerous goods if the food or packaging is in the road vehicle’s cabin and is for the driver’s personal use.
121 Consignor’s duties
A person must not consign dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know—
(a) the vehicle is, in the same journey, transporting incompatible goods, and
(b) the dangerous goods will not be segregated from the incompatible goods in accordance with—
(i) Part 9 of the ADG Code, or
(ii) an approval under section 127.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
122 Loader’s duties
A person must not load dangerous goods for transport in or on a vehicle if the person knows, or reasonably ought to know—
(a) the vehicle is, in the same journey, transporting incompatible goods, and
(b) the dangerous goods will not be segregated from the incompatible goods in accordance with—
(i) Part 9 of the ADG Code, or
(ii) an approval under section 127.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
123 Prime contractor’s duties
A prime contractor must not use a road vehicle to transport dangerous goods if the person knows, or reasonably ought to know—
(a) the road vehicle is, in the same journey, transporting incompatible goods, and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with—
(i) Part 9 of the ADG Code, or
(ii) an approval under section 127.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
124 Rail operator’s duties
A rail operator must not use a train to transport dangerous goods if the person knows, or reasonably ought to know—
(a) the train is, in the same journey, transporting incompatible goods, and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with—
(i) Part 9 of the ADG Code, or
(ii) an approval under section 127.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
125 Driver’s duties
A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) the road vehicle is, in the same journey, transporting incompatible goods, and
(b) the dangerous goods are not segregated from the incompatible goods in accordance with—
(i) Part 9 of the ADG Code, or
(ii) an approval under section 127.
Maximum penalty—15 penalty units.
126 Approvals—Type II segregation devices
(1) An application for approval of a design for a Type II segregation device for use in the transport of dangerous goods must include any information required under Chapter 6.11 of the ADG Code.
(2) The Competent Authority may, on application in accordance with subsection (1) and section 196, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code.
127 Approvals—methods of segregation
(1) The Competent Authority may, on application made in accordance with section 196, approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous and incompatible goods by road if the Authority considers—
(a) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with Part 9 of the ADG Code, and
(b) the risk involved in using the method to transport the goods by road is not greater than the risk involved in using a device or method complying with Part 9 of the ADG Code to transport the goods by road.
(2) In giving its approval, the Competent Authority may impose, in relation to the approval, a condition necessary for the safe transport of dangerous goods.
(3) A person to whom an approval has been given must not contravene a condition of the approval.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Part 10 Bulk transfer of dangerous goods—the Act, s 13(2)(g) and (k)
128 Definition
In this Part—
bulk transfer means the transfer by gravity, pump or pressure differential of liquid, solid or gaseous dangerous goods, by the use of pipework or hose, into or out of a tank vehicle, or into or out of a portable tank, demountable tank, bulk container, pressure drum, tube, MEGC or IBC that is on a vehicle.
129 Transferor’s duties—hose assemblies
(1) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, the assembly is damaged or defective to the extent that it is not safe to use to transfer the goods.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A person must not use a hose assembly for the bulk transfer of dangerous goods if the person knows, or reasonably ought to know, the hose assembly—
(a) has not been constructed, assembled or maintained in accordance with Chapter 10.1 of the ADG Code, or
(b) has not been inspected or tested at the intervals, or in the way, required under Chapter 10.1 of the ADG Code, or
(c) did not satisfy a test under Chapter 10.1 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
130 Transferor’s duties—general
(1) A person engaged in the bulk transfer of dangerous goods must ensure the goods are transferred—
(a) in accordance with Chapter 10.2 of the ADG Code, and
(b) in a way that eliminates the risk or, if it is not possible to eliminate the risk, minimises the risk to the maximum extent practicable.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A person engaged in the bulk transfer of dangerous goods must not transfer dangerous goods if the person knows, or reasonably ought to know—
(a) the receiving receptacle or the transfer equipment is incompatible with the dangerous goods, or
(b) the receptacle contains incompatible goods.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) If dangerous goods leak, spill or accidentally escape during a bulk transfer, the person transferring the goods—
(a) must immediately stop transferring the goods, and
(b) must take all practicable steps to avert, eliminate or minimise risk, and
(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(4) It is a defence to a prosecution for an offence against subsection (1) that the person complied with subsection (1) as far as practicable.
131 Occupier’s duties
(1) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure a hose assembly on the premises used, or intended to be used, for the transfer—
(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code, and
(b) has been inspected and tested at the intervals, and in the way, required under Chapter 10.1 of the ADG Code, and
(c) satisfies each test under Chapter 10.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) Subsection (1) does not apply to a hose assembly brought on to the premises on the vehicle involved in the transfer.
(3) The occupier of premises where the bulk transfer of dangerous goods occurs must ensure the goods are transferred—
(a) in accordance with Chapter 10.2 of the ADG Code, and
(b) in a way that averts, eliminates or minimises risk.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) The occupier must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) for a body corporate—50 penalty units.
(5) It is a defence to a prosecution for an offence against subsection (3) that the person complied with subsection (3) as far as practicable.
132 Prime contractor’s duties
(1) A prime contractor engaged in the bulk transfer of dangerous goods must ensure a hose assembly used, or intended to be used, for the transfer of the dangerous goods—
(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code, and
(b) has been inspected and tested at the intervals, and in the way, required under Chapter 10.1 of the ADG Code, and
(c) satisfies each test under Chapter 10.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) Subsection (1) does not apply to a hose assembly for which the prime contractor is not responsible.
(3) A prime contractor engaged in the bulk transfer of dangerous goods must ensure dangerous goods are transferred—
(a) in accordance with Chapter 10.2 of the ADG Code, and
(b) in a way that averts, eliminates or minimises risk.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) The prime contractor must keep, in accordance with section 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on the hose assembly.
Maximum penalty—
(a) for an individual—10 penalty units, or
(b) for a body corporate—50 penalty units.
(5) It is a defence to a prosecution for an offence against subsection (3) that the person complied with subsection (3) as far as practicable.
133 Rail operator’s duties
(1) A rail operator engaged in the bulk transfer of dangerous goods must ensure a hose assembly used, or intended to be used, for the transfer of the dangerous goods—
(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code, and
(b) has been inspected and tested at the intervals, and in the way, required under Chapter 10.1 of the ADG Code, and
(c) satisfies each test under Chapter 10.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) Subsection (1) does not apply to a hose assembly for which the rail operator is not responsible.
134 Application of Division
This Division applies to, and in relation to, bulk transfer into a tank vehicle.
135 Transferor’s duties
(1) A person engaged in the bulk transfer of dangerous goods must ensure that—
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of the goods in the tank to which the goods are transferred does not exceed the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code, and
(b) otherwise—the ullage in the tank complies with section 10.3.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A person who is engaged in the bulk transfer of goods that are not dangerous goods to a tank (tank A) must ensure the ullage in tank A in relation to the non-dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods if—
(a) tank A is on, or part of, a vehicle, and
(b) the person knows, or reasonably ought to know, before tank A is emptied of the non-dangerous goods, the vehicle—
(i) is carrying dangerous goods in another tank or in another compartment of tank A, or
(ii) is likely to carry dangerous goods in another tank or in another compartment of tank A.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (1) or (2) that the person complied with the subsection as far as practicable.
136 Prime contractor’s and rail operator’s duties
(1) A prime contractor or rail operator must not transport dangerous goods in a tank if—
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code, or
(b) otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) A prime contractor or rail operator who uses a vehicle to transport a tank (tank A) containing goods that are not dangerous goods, and at the same time uses the vehicle to transport dangerous goods in another tank or in another compartment of tank A, the prime contractor or rail operator must ensure the ullage in tank A in relation to the non-dangerous goods complies with section 10.3.1 of the ADG Code as if the goods were dangerous goods.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) that the prime contractor or rail operator complied with subsection (2) as far as practicable.
137 Driver’s duties
(1) A person must not drive a road tank vehicle transporting dangerous goods if the person knows, or reasonably ought to know—
(a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid—the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the ADG Code, or
(b) otherwise—the ullage in the tank does not comply with section 10.3.1 of the ADG Code.
Maximum penalty—20 penalty units.
(2) A person must not drive a road vehicle if—
(a) the vehicle has a tank (tank A) containing goods that are not dangerous goods, and
(b) the vehicle at the same time contains dangerous goods in another tank or in another compartment of tank A, and
(c) the person knows, or reasonably ought to know, the ullage in tank A in relation to the non-dangerous goods would not comply with section 10.3.1 of the ADG Code if the goods were dangerous goods.
Maximum penalty—20 penalty units.
Part 11 Documentation—the Act, s 13(2)(p)
138 False or misleading information
A person must not include in transport documentation for dangerous goods information the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Example—
A person named as consignor of the dangerous goods if the person is not the consignor of the goods.
139 Consignor’s duties—transport by road
(1) A person must not consign dangerous goods for transport in or on a road vehicle if the prime contractor or driver of the road vehicle does not have transport documentation for the goods.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
(2) A person must not consign dangerous goods for transport by road if—
(a) the person knows, or reasonably ought to know, the goods will be divided into, and transported in, separate loads, and
(b) the prime contractor, or the driver of each road vehicle transporting the load, has not been given separate transport documentation for each load.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
140 Consignor’s duties—transport by rail
(1) A person must not consign dangerous goods for transport in or on a unit of rolling stock if the rail operator does not have transport documentation for the goods.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
(2) For the purposes of subsection (1), a rail operator is to be taken to have transport documentation if the contents of the documentation have been communicated to the rail operator by means of electronic data processing or electronic data interchange.
141 Prime contractor’s duties
A prime contractor must ensure a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if—
(a) the person has not been given transport documentation for the goods, and
(b) the documentation is not readily able to be located in the vehicle in accordance with Chapter 11.1 of the ADG Code.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
142 Rail operator’s duties
(1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation for the goods.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) For the purposes of subsection (1), a driver is to be taken to have transport documentation if the contents of the documentation have been communicated to the driver by means of electronic data processing or electronic data interchange.
143 Driver’s duties
(1) The driver of a road vehicle transporting dangerous goods—
(a) must carry transport documentation for the goods, and
(b) must ensure the documentation is located in the vehicle in accordance with Chapter 11.1 of the ADG Code.
Maximum penalty—15 penalty units.
(2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.
Maximum penalty—15 penalty units.
144 Train driver’s duties
(1) This section does not apply if a train driver transporting dangerous goods is in a depot or yard, or is engaged in shunting operations, and the transport documentation for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations.
(2) A person must not drive a train the person knows, or reasonably ought to know, is transporting dangerous goods if the person does not have transport documentation for the goods.
Maximum penalty—15 penalty units.
(3) A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection.
Maximum penalty—15 penalty units.
145 Prime contractor’s duties—retention of documents
(1) This section applies if this Regulation or the ADG Code requires a prime contractor to create or use a document in relation to the transport of dangerous goods.
(2) The prime contractor must keep the document, or a copy of the document, for at least 3 months after the transport of the dangerous goods by the prime contractor finishes.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) It is a failure to comply with subsection (2) if the prime contractor—
(a) does not retain a legible hard copy of the document, or a legible copy of the document in electronic form, for the 3 months, or
(b) cannot produce, at any time during the 3 months at the request of an authorised officer, a legible hard copy of the document or a legible copy of the document in electronic form.
s 145: Am 2023 (293), Sch 1[8].
146 Definition
In this Division—
required emergency information means—
(a) emergency information that complies with Chapter 11.2 of the ADG Code, or
(b) emergency information that is approved under section 152.
147 Consignor’s duties
A person must not consign a placard load for transport in or on a vehicle if the person knows, or reasonably ought to know, the required emergency information for the dangerous goods in the load is not on the vehicle.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
148 Prime contractor’s duties
A prime contractor must not use a road vehicle to transport a placard load if—
(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code, or
(b) the required emergency information for the dangerous goods in the load is not in the holder.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
149 Rail operator’s duties
(1) A rail operator must not transport a placard load in a cargo transport unit on a train if the required emergency information for the dangerous goods in the load is not in the train driver’s cab.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) Subsection (1) does not apply if a train transporting a placard load is involved in shunting operations and the required emergency information for the dangerous goods in the load is readily available elsewhere in the immediate vicinity of the operations.
150 Driver’s duties
(1) A person must not drive a road vehicle transporting a placard load if—
(a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code, or
(b) the required emergency information for the dangerous goods in the load provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder.
Maximum penalty—15 penalty units.
(2) The driver of a road vehicle transporting a placard load must ensure the road vehicle’s emergency information holder contains only—
(a) the required emergency information for the dangerous goods in the load, and
(b) the transport documentation for the goods.
Maximum penalty—10 penalty units.
(3) The driver of a road vehicle transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Maximum penalty—15 penalty units.
151 Train driver’s duties
(1) A person must not drive a train that is transporting a placard load if the required emergency information for the dangerous goods in the load is not in the train driver’s cab.
Maximum penalty—15 penalty units.
(2) A train driver transporting a placard load must produce the required emergency information for the dangerous goods in the load for inspection by an authorised officer, or an officer of an emergency service, if the officer asks the driver to produce the information for inspection.
Maximum penalty—15 penalty units.
(3) Subsections (1) and (2) do not apply if—
(a) the train driver transporting dangerous goods is in a depot or yard or is engaged in shunting operations, and
(b) the required emergency information for the goods is readily available elsewhere in the immediate vicinity of the depot, yard or operations.
152 Approvals—emergency information
The Competent Authority may, on application in accordance with section 196 or on the Authority’s own initiative, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers the use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter.
153 Consignor’s duties
A person must not consign dangerous goods packed in limited quantities for transport unless the person has provided the prime contractor with the information required by section 3.4.12.1 of the ADG Code in the form required by the section.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
154 Prime contractor’s duties
A prime contractor who receives information under section 3.4.12.1 of the ADG Code must ensure the information is readily ascertainable during transport of the dangerous goods.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
155 False or misleading information
In providing information under section 3.4.12.1 of the ADG Code, a person must not include information the person knows, or reasonably ought to know, is false or misleading in a material particular.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Part 12 Safety equipment—the Act, s 13(2)(k)(ii)
156 Owner’s duties
The owner of a road vehicle must not use the road vehicle, or permit the road vehicle to be used, to transport a placard load if the road vehicle is not equipped with—
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code, and
(b) any other equipment required under Part 12 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
157 Prime contractor’s duties
(1) A prime contractor must not use a road vehicle to transport a placard load if the road vehicle is not equipped with—
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code, and
(b) any other equipment required under Part 12 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A prime contractor must not use a road vehicle to transport a placard load if the prime contractor knows, or reasonably ought to know, the equipment for the road vehicle mentioned in subsection (1)—
(a) has not been inspected or tested in accordance with Part 12 of the ADG Code, or
(b) is not in good repair or is not in proper working order.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
158 Driver’s duties
(1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with—
(a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code, and
(b) any other equipment required under Part 12 of the ADG Code.
Maximum penalty—15 penalty units.
(2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, the equipment for the road vehicle mentioned in subsection (1)—
(a) is not stowed in accordance with Part 12 of the ADG Code, or
(b) has not been inspected or tested in accordance with Part 12 of the ADG Code, or
(c) is not in good repair or is not in proper working order.
Maximum penalty—15 penalty units.
Part 13 Procedures during transport—the Act, s 13(2)(k)
159 Driver’s duties
(1) This section applies if a road vehicle transporting a placard load—
(a) is broken down or otherwise immobilised, or has stopped, on a road, and
(b) is a traffic hazard.
(2) The driver of the road vehicle must alert other road users of the hazard in accordance with Part 13 of the ADG Code.
Maximum penalty—10 penalty units.
(3) A driver does not commit an offence against subsection (2) in relation to a requirement under Part 13 of the ADG Code concerning the use of warning triangles on a road if the driver uses warning triangles in accordance with the Road Rules 2014, rule 227, other than rule 227(1).
160 Prime contractor’s duties
(1) If a prime contractor knows, or reasonably ought to know, a road vehicle transporting a placard load has broken down or is otherwise immobilised on a road, the prime contractor must, as soon as practicable, ensure the road vehicle is—
(a) repaired so it can be driven safely off the road, or
(b) towed to a place where it can be repaired.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(2) The prime contractor must also take the following steps, unless the risk involved in taking the steps is greater than the risk involved in not taking the steps—
(a) remove the dangerous goods from the road vehicle before the road vehicle is repaired or towed,
(b) transport the dangerous goods from the place of the breakdown or immobilisation.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) If the road vehicle is towed while still carrying dangerous goods that would require the driver of the vehicle to hold a dangerous goods driver licence, the prime contractor must ensure the driver of the tow truck towing the vehicle—
(a) holds a dangerous goods driver licence that would authorise the driver of the tow truck to drive a vehicle with the dangerous goods, or
(b) is accompanied in the cabin of the tow truck by a person who holds a dangerous goods driver licence that would authorise the person to drive a vehicle with the dangerous goods.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
161 Rail operator’s duties
If a train transporting a placard load fails or is otherwise immobilised, the rail operator must, as soon as practicable, take all appropriate steps to ensure a dangerous situation does not arise.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
162 Driving
The driver of a road vehicle transporting a placard load must not allow another person to ride in the vehicle except in accordance with Part 13 of the ADG Code.
Maximum penalty—10 penalty units.
163 Parking
The driver of a road vehicle transporting a placard load must not park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.
Maximum penalty—15 penalty units.
164 Control of ignition sources
(1) This section applies to a road vehicle transporting UN Division 2.1 dangerous goods, UN Class 3, 4 or 5 dangerous goods or dangerous goods with a subsidiary hazard of 2.1, 3, 4 or 5.1, if the load contains—
(a) the dangerous goods in a receptacle with a capacity of more than 500L, or
(b) more than 500kg of the dangerous goods in a receptacle.
(2) The driver of the road vehicle must not—
(a) have matches or a cigarette lighter in the driver’s possession in the road vehicle, or
(b) smoke in the road vehicle.
Maximum penalty—40 penalty units.
(3) The driver must do everything practicable to ensure that another person in the road vehicle does not—
(a) have matches or a cigarette lighter in the person’s possession, or
(b) smoke.
Maximum penalty—40 penalty units.
165 Unloading
The driver of a road vehicle transporting a placard load must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.
Maximum penalty—40 penalty units.
166 Detaching trailer
The driver of a road vehicle that has attached to it a trailer transporting a placard load must not detach the trailer, or permit it to be detached, from the vehicle except in accordance with Part 13 of the ADG Code.
Maximum penalty—40 penalty units.
167 Road tank vehicle equipped with burner
The driver of a road tank vehicle that is transporting a placard load and equipped with a burner to heat the load must not operate the burner, or permit it to be operated, except in accordance with Part 13 of the ADG Code.
Maximum penalty—40 penalty units.
168 Parking
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to park the road vehicle, or leave the road vehicle standing, in a public or private place except in accordance with Part 13 of the ADG Code.
Maximum penalty—
(a) for an individual—15 penalty units, or
(b) for a body corporate—75 penalty units.
169 Unloading
A prime contractor must not direct or induce the driver of a road vehicle transporting a placard load to permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
170 Detaching trailer
A prime contractor must not direct or induce the driver of a road vehicle that has attached to it a trailer transporting a placard load to detach the trailer, or permit it to be detached, from the vehicle except in accordance with Part 13 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
171 Road tank vehicle equipped with burner
A prime contractor must not direct or induce the driver of a road vehicle that is transporting a placard load and that is equipped with a burner to heat the load, to operate the burner or to permit the burner to be operated except in accordance with Part 13 of the ADG Code.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Part 14 Emergencies—the Act, s 13(2)(k)
172 Driver’s duties—road vehicles
(1) This section applies if a road vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) The driver of the road vehicle must—
(a) notify the prime contractor and the police or fire service of the incident as soon as practicable, and
(b) provide reasonable assistance required by an authorised officer or an officer of an emergency service to deal with the situation.
Maximum penalty—15 penalty units.
173 Train driver’s and rail operator’s duties
(1) This section applies if a train transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) The driver of the train must—
(a) notify the rail operator and the rail infrastructure manager of the incident as soon as practicable, and
(b) provide reasonable assistance required by an authorised officer or an officer of an emergency service to deal with the situation.
Maximum penalty—15 penalty units.
(3) On being notified by the train driver of the incident, both the rail operator and the rail infrastructure manager must—
(a) notify the police or fire service of the incident as soon as practicable, and
(b) provide reasonable assistance required by an authorised officer or an officer of an emergency service to deal with the situation.
Maximum penalty—15 penalty units.
174 Prime contractor’s and rail operator’s duties—food or food packaging
(1) This section applies if—
(a) an incident involving a vehicle transporting dangerous goods results in the leakage, spillage or accidental escape of the dangerous goods, or in a fire or explosion, and
(b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.
(2) If the food or food packaging is within the control of a prime contractor, the prime contractor must ensure the food or food packaging is not transported from the site of the incident unless the Competent Authority has given permission to the prime contractor to transport the food or food packaging from the site.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) If the food or food packaging is within the control of a rail operator, the rail operator must—
(a) notify the Competent Authority of the incident as soon as is practicable after the incident, and
(b) deal with the food or food packaging as directed by the Competent Authority.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) A permission under subsection (2) or a direction under subsection (3)—
(a) must be written, and
(b) must state the name of the person to whom it is given, and
(c) must identify the relevant incident, and
(d) must identify the food or food packaging to which it relates, and
(e) must take into consideration any requirements of the appropriate food and health authorities, and
(f) may contain other information the Competent Authority considers necessary.
175 Prime contractors and rail operators to inform Competent Authority
(1) This section applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable, and not later than 1 hour, after becoming aware of the incident, the prime contractor or rail operator responsible for the transport of the goods must notify the Competent Authority of the incident and provide the Competent Authority with the following details about the incident—
(a) where the incident happened,
(b) the time and date of the incident,
(c) the nature of the incident,
(d) the dangerous goods being transported when the incident happened,
(e) other details the Competent Authority may require.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) Not later than 21 days after the day on which the incident happens, the prime contractor or rail operator must give to the Competent Authority a written report about the incident stating the following—
(a) where the incident happened,
(b) the time and date of the incident,
(c) the nature of the incident,
(d) what the driver believes to be the likely cause of the incident,
(e) what the prime contractor or rail operator believes to be the likely cause of the incident,
(f) the dangerous goods being transported when the incident happened,
(g) the measures taken to control a leak, spill or accidental escape of dangerous goods and a fire or explosion arising out of the incident,
(h) the measures taken after the incident in relation to the dangerous goods involved in the incident.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
176 Telephone advisory service
(1) A prime contractor or rail operator must not transport either of the following if a telephone advisory service is not available during the journey—
(a) a load containing dangerous goods in a receptacle with a capacity of more than 500L,
(b) a load containing more than 500kg of dangerous goods in a receptacle.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) A person must not consign either of the following if a telephone advisory service is not available during the journey—
(a) a load containing dangerous goods in a receptacle with a capacity of more than 500L,
(b) a load containing more than 500kg of dangerous goods in a receptacle.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A telephone advisory service may be provided by the prime contractor, rail operator or consignor, or someone else for the prime contractor, rail operator or consignor.
(4) In this section—
telephone advisory service, for the transport of dangerous goods, means a service providing access by a continuously monitored telephone not located on the carrying vehicle or train to a person competent to give advice about—
(a) the construction and properties of the receptacles in which the dangerous goods are being transported, and
(b) the use of equipment on vehicles on which the dangerous goods are being transported, and
(c) the properties of the dangerous goods, and
(d) methods of safely handling the dangerous goods, and
(e) methods of safely containing and controlling the dangerous goods in a dangerous situation.
177 Emergency plans
(1) A prime contractor or rail operator must not transport a placard load if the prime contractor or rail operator does not have an emergency plan for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(2) On becoming aware of a dangerous situation involving a placard load, the prime contractor or rail operator transporting the load must do everything the emergency plan for the transport of the load requires the prime contractor or rail operator to do that is relevant to the situation.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(3) A person must not consign a placard load for transport if the person does not have an emergency plan for the transport of the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) On becoming aware of a dangerous situation involving a placard load, the consignor of the load must do everything the emergency plan for the transport of the load requires the consignor to do that is relevant to the situation.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(5) In this section—
emergency plan, for the transport of a placard load, means a written plan for dealing with a dangerous situation arising from the transport of the goods that is prepared having regard to any guidelines approved by the Ministerial Council.
s 177: Am 2023 (293), Sch 1[9].
178 Consignor’s duties—information and resources
(1) This section applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the consignor of the goods must—
(a) give the officer information the officer requires about—
(i) the properties of the dangerous goods being transported, and
(ii) safe methods of handling the goods, and
(iii) safe methods of containing and controlling the goods in a dangerous situation, and
(b) provide the equipment and other resources necessary—
(i) to control the dangerous situation, and
(ii) to contain, control, recover and dispose of dangerous goods that have leaked, spilled or accidentally escaped.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) If both the consignor of the dangerous goods and the prime contractor or rail operator are asked to give the same information or provide the same resources for the incident, it is sufficient if one of the following gives the information or provides the resources—
(a) the consignor,
(b) the prime contractor or rail operator.
179 Prime contractor’s and rail operator’s duties—information and resources
(1) This section applies if a vehicle transporting a placard load is involved in an incident resulting in a dangerous situation.
(2) As soon as practicable after being asked by an authorised officer or an officer of an emergency service, the prime contractor or rail operator must—
(a) give the officer information the officer requires about the vehicle’s construction, properties and equipment, and
(b) provide the equipment and other resources necessary—
(i) to control the dangerous situation, and
(ii) to recover a vehicle involved in the situation or its equipment.
Maximum penalty—
(a) for an individual—20 penalty units, or
(b) for a body corporate—100 penalty units.
(3) If both the consignor of the dangerous goods and the prime contractor or rail operator are asked to give the same information or provide the same resources for the incident, it is sufficient if one of the following gives the information or provides the resources—
(a) the consignor,
(b) the prime contractor or rail operator.
Part 15 Mutual recognition—the Act, s 13
180 Registers
Each of the following registers is a register for the purposes of this Regulation—
(a) the register of determinations kept under section 27,
(b) the register of exemptions kept under section 191,
(c) the register of approvals kept under section 207,
(d) the register of dangerous goods driver licences kept under section 248(1),
(e) the register of dangerous goods vehicle licences kept under section 248(2).
181 Registers may be kept electronically
(1) A register, or part of a register, under this Regulation may be kept electronically.
(2) An entry made electronically for a register is taken to be a record made in the register.
182 Inspection of registers
(1) The Competent Authority must ensure each register is available for inspection by corresponding authorities and the public.
(2) The Competent Authority is taken to comply with subsection (1) by ensuring there is reasonable access to—
(a) copies of information in a register, or
(b) a computer terminal to inspect a register.
183 Recommendations by Competent Authority
(1) This section applies if the Competent Authority considers a ground exists for a corresponding authority to do any of the following (the proposed action)—
(a) revoke or vary a corresponding determination that is not a corresponding administrative determination,
(b) cancel or vary a corresponding administrative determination,
(c) cancel or vary a corresponding approval or exemption,
(d) cancel, suspend or vary a corresponding dangerous goods driver licence or corresponding dangerous goods vehicle licence.
(2) The Competent Authority may make a written recommendation that the corresponding authority take the proposed action.
(3) The Competent Authority must give the corresponding authority written reasons for the recommendation.
(4) If the recommendation is about one of the following that has effect in one or more other participating jurisdictions, the Competent Authority must also refer the recommendation to CAP—
(a) a determination, other than an administrative determination,
(b) an approval,
(c) an exemption.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Division 1 Introductory and application
1 Name of Regulation
This Regulation is the Dangerous Goods (Road and Rail Transport) Regulation 2022.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Dangerous Goods (Road and Rail Transport) Regulation 2014, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Main objects
The main objects of this Regulation are—
(a) to set out the obligations of persons involved in the transport of dangerous goods by road and rail, and
(b) to reduce as far as practicable the risks of personal injury, death, property damage and environmental harm arising from the transport of dangerous goods by road and rail, and
(c) to give effect to the standards, requirements and procedures of the ADG Code so far as they apply to the transport of dangerous goods by road and rail, and
(d) to promote consistency between the standards, requirements and procedures applying to the transport of dangerous goods by road and rail and other modes of transport.
4 Dangerous situations
This Regulation does not apply to the transport of dangerous goods by, or at the direction of, an authorised officer or an officer of an emergency service, to the extent necessary to avert, eliminate or minimise a dangerous situation.
5 Exempt transport—the Act, s 13(2)(k)
Requires minimum insurance or self‑insurance (or approval to self‑insure) for vehicles carrying placard loads (minimum cover $5 million) and empowers the Competent Authority to require evidence (see ss 265–268, 267).
Provides emergency and incident procedures, mandatory emergency plans and telephone advisory service requirements for placard loads, and notification and reporting duties for incidents (see Parts 13–14, especially ss 172–179, 176–177).
Provides mutual recognition arrangements so determinations, approvals, exemptions and licences from other participating jurisdictions can have effect in NSW, and establishes referral processes to the Competent Authorities Panel (CAP) (see Part 15, ss 183–189, 185–188).
Prescribes fees, penalty‑notice amounts and fee‑indexing by CPI (see Schedule 1 and Schedule 2; Schedule 1, s 1 sets fee unit and indexation rules).
Who this affects
Businesses and people who consign, pack, load, transport, unload, store, manufacture packaging for, test or inspect packaging for dangerous goods transported by road or rail — including freight forwarders, transport operators, fuel carriers, chemical companies, rail freight operators, tank manufacturers and maintenance providers (see Parts 4, 6, 10, 18 etc.).
Drivers and vehicle owners: drivers carrying goods in receptacles >500 L or >500 kg (or placard loads) must hold appropriate licences and follow operational, documentation and equipment rules (see ss 220–221; ss 143–151; Parts 12, 13).
Prime contractors and rail operators who organise or control transport — they carry broad duties to ensure compliance by drivers and vehicles, provide emergency information and resources, and report incidents (see ss 40, 86, 141, 148, 175, 178–179).
Manufacturers and testing bodies: packaging design approvals, test certificate rules and compliance plate requirements apply to those making tanks, IBCs, MEGCs and other packaging (see ss 46–52, 61, 49–50).
The Competent Authority (and authorised bodies) exercise significant administrative discretion (approvals, determinations, registers, inspections, licensing actions, exemptions) and must keep public registers (see ss 21, 22, 24–29, 52, 180–182, 191, 207, 248).
Why it matters (official purpose and how that plays out mechanically)
Practical trade‑offs, compliance costs and incentives (tested against the stated purpose)
Compliance costs are concentrated on vehicle owners, prime contractors, consignors, packers, loaders and licence applicants. Illustrative mechanisms and likely cost lines:
Behavioural incentives:
Trade‑offs and opportunity costs:
Implementation risks and legal complexity:
Who pays, who decides, and likely behaviour changes (plain)
Who pays: vehicle owners, prime contractors, consignors, packers, loaders, manufacturers and testing providers bear most direct compliance and insurance costs; drivers bear licence and training requirements; insurers may charge higher premiums or decline unless high limits are purchased.
Who decides: the Competent Authority (and authorised bodies) exercise significant discretion over approvals, determinations, exemptions, licensing, registers and enforcement (see ss 21–29, 48, 51, 52, Parts 16–17, Part 18).
Likely behaviour changes: more formalised contractual compliance checks upstream, increased record keeping, possible splitting of consignments to fall below placarding thresholds, applications for exemptions or approvals where compliance is costly, and potential consolidation among operators better able to absorb regulatory costs.
Concentrated benefits, diffuse costs and capture risks (mechanisms, not labels)
Concentrated benefits may accrue to parties that obtain approvals, exemptions or determinations (these can be limited to named persons under administrative determinations — s 24), because they can operate under different technical rules.
Costs are dispersed across many smaller transport operators, drivers and packing/manufacturing suppliers (licensing, testing, insurance), while benefits (clear national rules, consistency with ADG Code) are diffuse and accrue to public safety and larger compliant firms.
Administrative processes (approvals, exemptions, CAP referrals) create points where skilled applicants can secure operational advantages; that is a predictable consequence of an approval/derogation system (see ss 24, 190, 193–195, 204–211). The Regulation does not eliminate that outcome; it provides public registers (ss 27, 191, 207) that reduce information asymmetries.
Key statutory hooks to consult for operational detail
(1) This Regulation does not apply to the transport by a person of a load that contains dangerous goods if—
(a) the load contains—
(i) dangerous goods in a receptacle with a capacity of 500L or less, or
(ii) 500kg or less of dangerous goods in a receptacle, and
(b) the goods are not, and do not include, designated dangerous goods, and
(c) the aggregate quantity of the dangerous goods in the load is less than 25% of a placard load, and
(d) the goods are not being transported by the person in the course of a business of transporting goods by road, and
(e) in relation to transport by rail—the goods are not being transported by the person on a passenger train.
(2) In this section—
designated dangerous goods means dangerous goods of—
(a) UN Class 1 (explosives), except—
(i) dangerous goods of UN Division 1.4S, and
(ii) detonators carried in a unit of rolling stock or a road vehicle for the safety of persons working in rail transport, or
(b) Category A of UN Division 6.2 (infectious substances), or
(c) UN Class 7 (radioactive material).
6 Further exemptions—the Act, s 13(2)(k)
(1) This Regulation does not apply to the transport by road or rail, or both road and rail, of dangerous goods of UN Class 1 (explosives) or UN Class 7 (radioactive material) except when being transported with other dangerous goods.
(2) This Regulation does not apply to the transport by a vehicle by road or rail, or both road and rail, of dangerous goods—
(a) that are not UN Division 6.2 infectious substances and that are in a consignment where the aggregate quantity of dangerous goods is not more than the quantity set out in subsection (3)(a) of the note to section 1.1.1.2 of the ADG Code, or
(b) in the vehicle’s fuel tank, or
(c) in an appliance or plant that forms part of the vehicle and that is necessary for the operation of the vehicle, or
(d) that are personal protective equipment or personal safety equipment and that are part of the safety equipment of the vehicle.
(3) This Regulation does not apply to the transport of dangerous goods by a mobile processing unit for the purpose of manufacturing explosives.
(4) In subsection (3)—
mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate-based explosive to the place where the explosive will be manufactured and used, but does not include a trailer.
7 Special provisions for tools of trade and dangerous goods for private use—the Act, s 13(2)(k)
(1) This section applies to a load if the following conditions are met—
(a) for loads not including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—the load includes an aggregate quantity of dangerous goods of less than 500,
(b) for loads including dangerous goods of UN Division 2.1, other than aerosols, UN Division 2.3 or Packing Group I—
(i) the load includes an aggregate quantity of dangerous goods of less than 250, and
(ii) any dangerous goods of UN Division 2.3 or Packing Group I together constitute less than 100 of the aggregate quantity,
(c) the goods in the load are not being transported in the course of a business of transporting goods but are being transported—
(i) by a person who intends to use them, or
(ii) to be used for a commercial purpose.
(2) A person transporting a load to which this section applies is exempt from all obligations imposed by this Regulation other than the obligations imposed by this section.
(3) A person must not transport a load to which this section applies unless each package in the load—
(a) complies with the packaging requirements appropriate to the quantity of dangerous goods, as specified in Part 4, and
(b) is labelled and appropriately marked as specified in section 73, and
(c) is loaded, secured, segregated, unloaded and otherwise transported in a way that ensures—
(i) its packaging remains fit for purpose, and
(ii) the risks to a person or property, or the environment, are eliminated, or if it is not practicable to eliminate the risks, are minimised to the maximum extent practicable.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(4) If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Class 3, 4, 5 or 6 in the load of more than 250, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in an enclosed space that is not separated from the passenger compartment of a vehicle.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
(5) If a load to which this section applies contains an aggregate quantity of dangerous goods of UN Division 2.1, UN Division 2.3 or Packing Group I of more than 50, a person must not transport the load—
(a) in the passenger compartment of a vehicle, or
(b) in another enclosed space in the vehicle, unless the space is sufficiently ventilated to prevent an accumulation of vapours or fumes likely to cause risk.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
8 Goods suspected of being dangerous goods—the Act, s 13(2)(a)
If it is not clear whether goods are dangerous goods, but a person suspects, or reasonably ought to suspect, that they are, the person must not consign or transport the goods until—
(a) the goods have been classified in accordance with the ADG Code, or
(b) a determination has been made under section 22(1)(a) in relation to the goods.
Maximum penalty—
(a) for an individual—40 penalty units, or
(b) for a body corporate—200 penalty units.
Division 2 Interpretation
9 Definitions
The Dictionary in Schedule 3 defines words used in this Regulation.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
10 References to codes, standards and rules
(1) In this Regulation, a reference to an instrument includes a reference to another instrument as applied or adopted by, or incorporated in, the first instrument.
(2) In this Regulation, unless the contrary intention appears, a reference to an instrument is a reference to the instrument as amended from time to time.
(3) If the ADG Code is amended or remade, a reference in this Regulation to a provision of the ADG Code extends to a corresponding provision of the amended or remade ADG Code.
(4) In this section—
instrument means a code, standard or rule, made in or outside Australia, relating to dangerous goods or to transport by road or rail, and includes a provision of an instrument.
11 Inconsistency between this Regulation and codes, standards or rules
(1) If all or part of a code, standard or rule, made in or outside Australia, relating to dangerous goods or to transport by road or rail is applied or adopted by, or is incorporated in, this Regulation and the code, standard or rule is inconsistent with this Regulation, this Regulation prevails to the extent of the inconsistency.
(2) Despite subsection (1), if a provision that is applied, adopted by or incorporated in this Regulation uses a term that is defined in both the relevant code, standard or rule and this Regulation, the provision is to be interpreted as if the term had the meaning set out in the code, standard or rule, unless the contrary intention appears.
12 References to determinations, exemptions, approvals and licences
(1) In this Regulation, a reference to one of the following things includes a reference to the thing as varied—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
(2) In this Regulation, a reference to the variation of one of the following things includes a reference to a variation by addition, omission or substitution—
(a) a determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence, or
(b) a corresponding determination, exemption, approval, dangerous goods driver licence or dangerous goods vehicle licence.
Example—
The addition of a new condition to an existing administrative determination.
13 Meaning of “bulk container”
(1) A bulk container is a system for containing solid substances, including any liner or coating that—
(a) is designed for transporting solid substances, which are in direct contact with the system, and
(b) is of a permanent character suitable for repeated use, and
(c) is designed to facilitate the transport of solid substances by one or more modes of transport, without the need for the substances to be unloaded and reloaded when transferred from one mode to another, and
(d) is fitted with devices that permit ready handling, and
(e) has a capacity of not less than 1m3.
Examples—
Freight containers, offshore bulk containers, skips, bulk bins, swap bodies, trough-shaped containers, roller containers, load compartments of vehicles and flexible containers are bulk containers.
(2) However, an IBC, large packaging or a portable tank is not a bulk container.
s 13: Subst 2023 (293), Sch 1[1].
14 Meaning of “IBC”
(1) In this Regulation, IBC or intermediate bulk container means, subject to subsection (2), 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—1,500L, and
(ii) for solids of Packing Group I packed in a metal container—3,000L, and
(iii) for solids or liquids of Packing Groups II and III—3,000L, and
(iv) for any other dangerous goods—3,000L, and
(b) is designed for mechanical handling.
(2) However, a rigid or flexible portable packaging that complies with the requirements of Chapter 6.1, 6.3 or 6.6 of the ADG Code is not an IBC.
15 Meaning of “MEGC”
In this Regulation, MEGC or multiple-element gas container means—
(a) multimodal assemblies of cylinders, tubes or bundles of cylinders that are interconnected by a manifold and assembled within a framework, and
(b) service and structural equipment necessary for the transport of gases in the cylinders or tubes.
16 Meaning of “pack” and “packer”
In this Regulation, a person packs dangerous or other goods for transport, and is a packer of the goods, if the person—
(a) puts the goods in packaging, including packaging that is already on a vehicle, or
(b) assembles, places or secures packages in packaging designed to hold, enclose or otherwise contain more than one package, including packaging that is already 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).
Example—
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.
17 Meaning of “packed in limited quantities”
In this Regulation, dangerous goods are packed in limited quantities if—
(a) the goods are packed in accordance with Chapter 3.4 of the ADG Code, and
(b) the quantity of dangerous goods in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for the goods.
18 References to “tank”
(1) Unless the context otherwise requires, a reference in this regulation to a tank is a reference to a
This is an opening excerpt, not the complete document.