Dangerous Goods Safety (General) Regulations 2007

The regulations pivot around a small set of legal and technical concepts that determine scope, administrative process and compliance burden.

• Dangerous goods, defined by reference to the ADG Code and the ADG Code’s Dangerous Goods List. Regulation 4(2) imports the ADG Code classes and divisions (for example Class 1 explosives, Class 2 gases, Class 3 flammable liquids, Class 4 flammable solids, Division 6.1 toxic substances, Class 8 corrosives, Class 9 miscellaneous) and also picks up items named or described in Schedule 1. Regulation 4(3) expands the routes by which a substance becomes dangerous goods: if named in the ADG Dangerous Goods List column 2; if it satisfies the criteria in ADG Code Part 2; or if it meets the tests and criteria in the UN Recommendations (UNTC). Regulation 3 confirms the UNTC and ADG Code are the technical yardsticks.
• Exclusions from the s 3(1)(a) reach. Regulation 4(4) removes Division 6.2 infectious substances and Class 7 radioactive materials from the “dangerous goods” prescription under paragraph (a) of the s 3(1) definition. Regulation 4(5) also removes items that are not subject to the ADG Code because of a special provision in ADG Code Chapter 3.3, unless Schedule 1 or another rule brings them in.
• Schedule 1 specific additions. Schedule 1 names three items treated as dangerous goods irrespective of other ADG Code treatments: any substance with over 45% ammonium nitrate, sulphur in any form (notwithstanding special provision 242 and r 4(5)), and any combustible liquid (r 4(2)(b); Schedule 1 items 1-3).
• Chief Officer determinations. Two kinds of determinations are central: (a) additions or deletions to the list of dangerous goods under s 3(1)(b) (r 5), and (b) determinations that particular dangerous goods are or are not “too dangerous to transport” for s 16 (r 6). Both must be in writing, gazetted and recorded in a public register (r 5(1)-(2); r 6(6)-(7)).
• “Too dangerous to transport”. Regulation 6 ties the “too dangerous” label to ADG Code Appendix A or the UNTC tests, and also to Chief Officer determinations (r 6(1)-(2)). The Chief Officer may specify circumstances in which goods are or are not too dangerous to transport (r 6(4)).
• Exemptions. The regulations set a strict content list for exemption applications, require the applicant to give the application to the Chief Officer even for certain statutory pathways, and allow the Chief Officer to require additional information (r 7-8). The exemption register must contain defined data points (r 9).
• Administrative forms and powers. The DGO identity card content is prescribed (r 10). Infringement notice and withdrawal forms are prescribed (r 12-13 and Schedule 2). The Chief Officer can reduce/refund/waive fees where “fair or reasonable” (r 14) and can, with licence‑holder consent, synchronise licence expiry dates and annual fee due dates, including cancelling and reissuing licences to shorten duration (r 15).

These concepts connect statutory thresholds (s 3, s 16, s 22-23, s 28, s 56 of the Act) to technical instruments and to administrative mechanisms that produce public registers and forms. The technical test for flashpoint and the definition of combustible liquid are referenced to other instruments, so compliance requires cross‑checking multiple documents (r 3).

The regulations affect several categories of private and public actors by changing how goods are classified, how administrative decisions are made and recorded, and how compliance and enforcement instruments operate.

• Businesses that produce, store, handle, transport or supply substances that are within the ADG Code classes or named in the Dangerous Goods List. Regulation 4(2) and 4(3) make ADG Code classification the primary determinant of whether an activity falls under the Act’s dangerous‑goods regulatory regime. These entities must therefore apply the ADG Code criteria and tests to determine regulatory coverage (r 4; r 3).
• Entities dealing in items named in Schedule 1. Schedule 1 itemises goods that are treated as dangerous goods irrespective of some ADG Code provisions: notably any substance containing more than 45% ammonium nitrate (item 1), sulphur in any form (item 2), and any combustible liquid (item 3). Importers, manufacturers, distributors, storage operators and carriers of these items will be directly impacted because the Schedule brings them within the Act’s definitional scope (r 4(2)(b); Schedule 1).
• Licence holders under related dangerous‑goods regulations. Regulation 15 addresses holders of a defined set of licences: explosives licences under the Dangerous Goods Safety (Explosives) Regulations 2007, licences under the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007, licences and registrations under the Dangerous Goods Safety (Storage and Handling of Non‑explosives) Regulations 2007 (r 15(1)). The Chief Officer may, with consent, synchronise licence end‑dates and annual fee due dates across these licences (r 15(3)-(5)).
• Applicants for exemptions and persons who already hold exemptions. Regulations 7-9 set application content requirements and require the Chief Officer to record certain data in the exemption register. Anyone seeking exemptions under Part 4 of the Act must follow the detailed checklist in r 7 and must provide the application to the Chief Officer even if the statutory pathway would otherwise allow direct ministerial consideration (r 7(j)).
• Persons subject to enforcement and infringement notice procedures. The regulations prescribe Form 1 for infringement notices and Form 2 for withdrawal notices (r 12-13; Schedule 2). The “prescribed offences” for infringement notices are those set out elsewhere in other regulations made under the Act (r 11). Those served with an infringement notice will be subject to the content and payment windows set out in Form 1.
• Public and regulated actors who rely on Chief Officer determinations. The Chief Officer’s power to make determinations that declare goods as dangerous or too dangerous to transport, and to publish and maintain registers of those determinations, affects market participants who need certainty about the legal status of particular goods (r 5; r 6).

Public administrative actors are affected too. The regulations require the department to run and make available registers of determinations and exemptions (r 5(2); r 6(7); r 9(2)). The Chief Officer also has discretionary fee powers (r 14) and must notify licence holders of changed due dates if licences are synchronised (r 15(5)). The net effect is a set of obligations on regulated parties to classify goods in accordance with external technical standards and to engage with an administrative process run by the Chief Officer.

The regulations convert statutory duties and rights into concrete administrative tasks, information entitlements and procedural safeguards.

Duties imposed on regulated parties

• Classify and treat goods in accordance with the ADG Code and the UNTC where applicable. Regulation 4 makes the ADG Code the principal classification instrument for the Act s 3(1)(a) definition, and r 3 explicitly imports the ADG Code and the UNTC as technical references. Businesses must therefore use those documents when deciding regulatory obligations (r 4(2)-(3); r 3).
• Treat Schedule 1 items as dangerous goods. If a substance falls within Schedule 1 items 1-3, the regulated party must treat it as dangerous goods for the Act regardless of other ADG Code special provisions (r 4(2)(b); Schedule 1).
• Apply for exemptions with comprehensive content. An exemption application under Part 4 must be in writing, identify the applicant and the places, vehicles, activities or persons involved, name the dangerous goods and the regulatory provisions to be exempted, state the period and grounds for the exemption, and include information relevant to s 22(2) where applicable. The application must be signed, dated and given to the Chief Officer (r 7).
• Maintain compliance with DGO requirements and carry prescribed identification where applicable. The regulations list the required details on DGO identity cards (r 10).
• Respond to infringement notices using the prescribed form and within specified timeframes. The form and its payment or contest options are fixed in Schedule 2 Form 1 and r 12-13.

Rights and procedural entitlements given to regulated parties and the public

• Right to a public register of Chief Officer determinations and exemptions. The Chief Officer must keep and make available for public inspection registers of determinations under r 5 and r 6 and an exemptions register under r 9(2). Those registers must carry specified information about who applied, the goods, the applicable regulations, publication dates and any amendments, and cancellation dates (r 9(2)).
• Right to be told the due date and fee‑applicability when licences are synchronised. If the Chief Officer sets a common due date under r 15(3)(b), the licence holder must be given written notice of the due date and which licences and fees it applies to (r 15(5)).
• Right to seek fee relief. The Chief Officer may, if it is fair or reasonable in the circumstances, reduce, refund or waive a fee in a particular case (r 14).
• Right to contest an infringement notice in court. The prescribed Form 1 sets out the option to have an alleged offence dealt with in court rather than pay the modified penalty within 28 days (Schedule 2 Form 1).
• Right to a refund if an infringement notice is withdrawn after payment. Form 2 provides for refund entitlements and specifies where to apply (Schedule 2 Form 2).

Chief Officer powers and constraints

• The Chief Officer may make written and gazetted determinations about dangerous goods and goods that are too dangerous to transport, may specify qualifying circumstances, and must record determinations publicly (r 5; r 6(3)-(7)). That procedure imposes an administrative constraint because determinations must be published in the Gazette (r 5(1)(b); r 6(6)(b)).
• The Chief Officer may request additional information necessary for deciding an exemption application (r 8).
• The Chief Officer may reduce, refund or waive fees where “fair or reasonable” (r 14). That is an administrative discretion subject to the statutory test in r 14 rather than an automatic entitlement.
• The Chief Officer may synchronise licence durations and fee dates with licence‑holder consent and, where durations are shortened, must cancel and reissue licences in identical terms specifying the new expiry date (r 15(3)-(4)).

Together these duties and rights create a procedural architecture: regulated parties must use technical instruments referenced by the regulations for classification, they must interact with the Chief Officer on exemption and licence synchronisation processes, and they have prescribed avenues for payment, contesting infringements and seeking administrative relief.

The regulations mostly prescribe administrative enforcement mechanics rather than create new criminal offences. They specify the form and process for infringement notices and link to prescribed offences elsewhere in the dangerous‑goods regulations framework.

Mechanics of infringement notices

• The regulations state that the “prescribed offences” for the purpose of Act s 56 are those offences prescribed by other regulations made under the Act (r 11). The General Regulations do not list those offences themselves. Readers must therefore consult the sector‑specific regulations (for example explosives, SSAN, storage and handling) to find the offences that attract infringement notice treatment.
• The prescribed form for an infringement notice is Form 1 in Schedule 2 (r 12). Form 1 sets out the information an issuing officer must provide, including the alleged offender’s identity, details of the alleged offence (date, time, place, details), the regulation contravened, the vehicle and officer details where relevant, the modified penalty amount, how to pay, and the option to elect court proceedings rather than paying the modified penalty within 28 days (Schedule 2 Form 1). The form includes an election box to proceed to court in lieu of payment.
• The prescribed form for withdrawal is Form 2 in Schedule 2 (r 13). Form 2 must be used where an infringement notice is withdrawn and states the procedure for obtaining a refund if the modified penalty has already been paid.

Enforcement linkages and public record

• The regulations require public registers of Chief Officer determinations and exemptions (r 5(2); r 6(7); r 9). Those registers serve an enforcement and compliance‑support function by enabling third parties and regulators to check the legal status of particular goods or exemptions.
• The requirement to gazette determinations (r 5(1)(b); r 6(6)(b)) adds a transparency step to enforcement policy, in that a determination has legal effect only when it is in writing and published.

Administrative discretion, transparency and potential enforcement friction

• The Chief Officer has discretion to reduce, refund or waive fees in particular cases (r 14). While this is not an enforcement penalty, it affects the net cost of regulatory compliance and enforcement because fee waivers can change the expected sanction or payment burden in settled enforcement resolutions.
• Licence synchronisation under r 15 includes cancellation and reissuance of licences to reduce duration. That process has legal effect immediately on reissuance (r 15(4)(b)). If a licence’s duration is reduced in order to synchronise expiry dates, that could affect fee apportionment or the timing of enforcement actions tied to licence expiry. The holder must consent to the synchronisation, which constrains administrative action in enforcement contexts.

Matters to consult elsewhere

• The regulations do not set penalty levels or criminal prohibitions. Those are found in the Act and the sectoral regulations. For a complete picture of fines, imprisonment terms, or conduct‑based prohibitions, one must review the Dangerous Goods Safety Act 2004 itself and the other regulations under the Act which prescribe the offences that can be the subject of infringement notices (r 11).

In short, these regulations standardise enforcement paperwork and public recording. They condition the exercise of sanctions on prescribed forms and registers, and give the Chief Officer discretions that influence financial outcomes for regulated parties.

The regulations are highly interdependent with external technical instruments and with other regulations under the Dangerous Goods Safety Act 2004. They operate as a bridge between the Act’s statutory scaffolding and technical or sectoral detail held elsewhere.

Cross‑references to technical instruments

• ADG Code. Regulation 3 imports the Australian Dangerous Goods Code and regulation 4 makes the ADG Code the primary instrument for determining what is a dangerous good for the Act s 3(1)(a) purpose. Regulation 4(3) uses the ADG Code’s Dangerous Goods List, the criteria in ADG Code Part 2 and ADG Code Appendix A as determinant tests (r 4(2)-(3); r 3). Consequently, the regulatory reach follows the ADG Code’s classification architecture.
• UN recommendations and tests. Regulation 3 imports the UN Recommendations (UNTC) Manual of Tests and Criteria, and regulation 4(3)(b)(ii) and (c)(ii) pick up UNTC tests for determining if goods are dangerous or too dangerous to transport (r 3; r 4(3)). Regulation 6 also uses the UNTC for the “too dangerous to transport” test (r 6(1)(b)).

Interactions with sectoral regulations under the Act

• The regulations explicitly sit alongside sectoral regulations such as the Dangerous Goods Safety (Explosives) Regulations 2007, the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007, and the Dangerous Goods Safety (Storage and Handling of Non‑explosives) Regulations 2007. Regulation 15 references licence categories across those instruments and operates despite specified provisions of those regulations (r 15(1)-(2)). In other words, r 15 overrides or works notwithstanding certain provisions in those sectoral instruments to allow licence synchronisation.
• The definition of “combustible liquid” used in Schedule 1 is sourced to the Storage and Handling Regulations reg 4 (r 3). Users must consult that regulation to determine the content of Schedule 1 item 3.

Tension and override mechanics

• Regulation 4(5) says that goods are not dangerous goods under s 3(1)(a) if they are not subject to the ADG Code because of a special provision in ADG Code Chapter 3.3 that applies by virtue of column 6 on the Dangerous Goods List. That creates an overlap where ADG Code special provisions can narrow the reach of the Act. Schedule 1 item 2 makes sulphur subject to the Act “despite special provision 242 in the ADG Code Chapter 3.3 and despite regulation 4(5)”, so the Schedule can override an ADG Code special provision in specific cases by express inclusion (Schedule 1 item 2; r 4(5)). The regulations therefore both import and, through Schedule 1, selectively exclude ADG Code outcomes.
• The Chief Officer’s power to make determinations under r 5 and r 6 interacts with the default ADG Code/UNTC technical rules by providing a statutory path to add or remove items, or to declare goods “too dangerous to transport”. Those determinations must be gazetted and registered, creating a statutory record that can depart from, or supplement, the ADG Code classification in WA.

Administrative and procedural links to the Act

• The regulations implement procedures envisaged in the Act for exemptions (s 21-23), identity cards (s 28), and infringement notices (s 56) by setting content, form and public‑record rules (r 7-13). For instance, r 7 requires that applications for exemptions include information relevant to the matters in s 22(2) even where the exemption is to be granted under s 22. This makes the statutory decision points in the Act operational.

Practical consequence for practitioners

• Compliance requires reviewing and applying multiple documents: the Act, these General Regulations, sectoral regulations under the Act, the ADG Code and the UNTC, and other Australian Standards cited (for example AS 2106 for flashpoint testing) (r 3). The regulatory matrix makes the General Regulations a node of coordination rather than a stand‑alone instrument.

The regulations have been amended several times since the 2007 Gazette publication. The compilation table and amendment notes in the instrument provide the authoritative timeline and identify the insertion of key provisions.

Key publication and commencement points

• The Dangerous Goods Safety (General) Regulations 2007 were published in the Gazette on 31 December 2007. Regulations 1 and 2 commenced on that date, and the remainder of the regulations commenced on 1 March 2008 (compilation table; r 2).
• Subsequent amendment instruments and dates shown in the compilation table include:
  • Dangerous Goods Safety (General) Amendment Regulations 2010, published 22 June 2010, with most provisions commencing 23 June 2010 (compilation table).
  • Dangerous Goods Safety (General) Amendment Regulations 2012, published 16 March 2012, with most provisions commencing 1 April 2012 (compilation table).
  • Dangerous Goods Safety Regulations Amendment Regulations 2016 Part 3, published 5 February 2016, commenced 6 February 2016 (compilation table).
  • Dangerous Goods Safety Regulations Amendment Regulations 2017 Part 3, published 3 March 2017, commenced 4 March 2017 (compilation table).
  • Dangerous Goods Safety Regulations Amendment Regulations 2020 Part 2, SL 2020/193, published 9 October 2020, commenced 10 October 2020 (compilation table).

Material insertions and amendments recorded in‑text

• Regulation 3 has been amended multiple times, as indicated by bracketed amendment notes at r 3 citing Gazette dates 22 June 2010; 5 February 2016; 3 March 2017; and SL 2020/193 r 4 (r 3 note).
• Regulations 14 and 15 were inserted on 16 March 2012, as shown by the note above r 14 and r 15 indicating insertion: Gazette 16 Mar 2012 p. 1257-9 (r 14 and r 15 insertion notes). Regulation 14 introduced the Chief Officer fee relief discretion, and regulation 15 introduced licence synchronisation powers.
• The forms in Schedule 2 were inserted or amended at different dates; Form 1 was inserted 5 February 2016, and Form 2 was amended 22 June 2010 (Schedule 2 notes).

What the amendment history signals operationally

• The staggered amendments show iterative adjustments to administration and enforcement mechanics. New administrative powers (r 14 and r 15) were added in 2012, clarifying fee flexibility and licence synchronisation across the sectoral licencing frameworks. Later amendments adjusted forms and definitions, including the ADG Code links in r 3.
• The compilation table records reprint 1 as at 7 April 2017, which includes the amendments to that date. For the latest operative text and amendments after 7 April 2017, the 2020 amendment SL 2020/193 is shown as coming into force 10 October 2020.

Users should consult the Gazette notices cited in the compilation table and the departmental consolidation for the up‑to‑date regulatory text and any subsequent amendments beyond the latest compilation noted here.

The regulations themselves contain no case law citations and the instrument’s notes and compilation table do not report litigation. The text does not reference judicial interpretation or reported decisions. As a result, there is no litigation history recorded in the regulation text provided.

Where disputes are likely to arise, and what the regulations say about them

• Classification disputes. Because the regulations place ADG Code and UNTC tests at the centre of classification (r 4(2)-(3); r 3), disputes about whether a substance is a dangerous good will turn on technical interpretation of those instruments and on any Chief Officer determinations entered in the public register (r 5(2)). Litigation could arise from contested Chief Officer determinations under r 5 or r 6 if an affected party claims the decision is procedurally unfair or substantively beyond power, but no cases are contained in the source.
• “Too dangerous to transport” decisions. Regulation 6 allows the Chief Officer to determine that particular goods are too dangerous to transport, and to specify circumstances. Parties adversely affected by such a determination may have grounds to challenge it through administrative law avenues under the Administrative Decisions Review Act or judicial review, though the regulations themselves do not set out appeal routes. The regulations do require the determinations to be gazetted and registered, which may be relevant to standing or notice issues in any legal challenge (r 6(6)-(7)).
• Exemption decisions and procedural fairness. Regulation 7 requires specific content for exemption applications and r 8 allows the Chief Officer to request more information. A party whose exemption is refused might seek review of the refusal, but no litigation outcomes are recorded in the instrument.
• Infringement notice procedures. The prescribed Form 1 provides the option to elect court proceedings rather than payment. That design preserves the defendant’s right to litigate the alleged offence. The regulations do not provide data on how often infringement notices are litigated.

Practical point for practitioners

• Because the regulations rely heavily on external technical instruments and on administrative determinations, any litigation will likely be technical in nature, focused on interpretation of ADG Code classifications, UNTC test outcomes, the scope and validity of Chief Officer determinations, or the adequacy of procedural steps in exemption or licence synchronisation decisions. The text of the regulations directs attention to the public registers and Gazette notices as primary documentary sources for contested administrative decisions (r 5(2); r 6(7); r 9(2)).

Because the regulation text contains no reported cases, practitioners should search the WA courts and tribunals databases and the State Solicitor’s Office records for any reported judicial or review tribunal decisions affecting the Dangerous Goods Safety regulatory framework.

The regulations conceal several practical traps that can catch practitioners, compliance officers and businesses if they rely on surface readings or fail to coordinate across instruments.

Multiple technical instruments must be read together

• The definition of “dangerous goods” and the “too dangerous to transport” test pull together the ADG Code, the ADG Code’s Dangerous Goods List, the ADG Code appendices and the UNTC Manual of Tests and Criteria (r 3; r 4(2)-(3); r 6(1)). Compliance therefore requires active cross‑referencing. For example the flashpoint test is specified by AS 2106 or an equivalent technical standard (r 3), so a laboratory report will need to reference the correct method to be persuasive for classification.

Schedule 1 inclusions that override ADG Code special provisions

• Schedule 1 item 2 declares “sulphur in any form” a dangerous good “despite special provision 242 in the ADG Code Chapter 3.3 and despite regulation 4(5)”. Regulation 4(5) would otherwise exclude goods not subject to the ADG Code because of a special provision in Chapter 3.3. The net effect is that sulphur is captured by WA law even where the ADG Code might exclude it. Practitioners must not assume that an ADG Code special provision operates within WA as it does elsewhere; Schedule 1 can force a different local outcome.

Broad wording for combustible liquids

• Schedule 1 item 3 treats “any combustible liquid” as a specific dangerous good. The meaning of “combustible liquid” is defined by reference to the Storage and Handling Regulations reg 4 (r 3). Unless that definition is checked, a business could underestimate its obligations because the ADG class for flammable liquids (Class 3) is narrower than “any combustible liquid” as defined elsewhere. The cross‑reference means an apparently minor storage classification issue can expand into full dangerous goods regulation.

Chief Officer determinations require gazettal and registration

• Determinations under r 5 and r 6 must be in writing, published in the Gazette and entered into a public register (r 5(1)-(2); r 6(6)-(7)). A verbal or unpublished administrative decision will not carry the statutory form. Parties should therefore not rely on informal advice that certain goods have been “declared” safe or exempt until a written, gazetted determination and register entry exists.

Exemption application formality and information traps

• Regulation 7 requires precise application content and r 8 allows the Chief Officer to request further information. Importantly, r 7(j) requires that the application be given to the Chief Officer “even if the application is for an exemption to be granted under section 21”. The requirement to lodge the application with the Chief Officer regardless of the intended statutory pathway can be easily overlooked by applicants who assume ministerial channels suffice.

Licence synchronisation consequences

• Regulation 15 permits the Chief Officer, with the licence holder’s consent, to reduce licence duration so several licences expire simultaneously (r 15(3)(a)). If the holder agrees, the Chief Officer must cancel and reissue the licence in identical terms with the new expiry date (r 15(4)). The reissue takes effect on the date issued (r 15(4)(b)). That has practical consequences for fee apportionment and the timing of compliance obligations. Holders should be careful to document consent and to request written notice of fee due dates as required by r 15(5).

Fee relief is discretionary and fact‑sensitive

• Regulation 14 allows the Chief Officer to reduce, refund or waive fees if “he or she thinks it is fair or reasonable to do so” (r 14). This is not an entitlement; it is a discretionary, case‑by‑case assessment. Businesses should not treat it as a reliable cost control mechanism.

Infringement notice formality and legal options

• The prescribed Form 1 fixes the content and the election procedure to proceed to court rather than pay the modified penalty within 28 days (Schedule 2 Form 1). Practitioners must ensure that procedural timeframes and the choice to contest are properly observed. The form also states that paying the modified penalty will not be taken to be an admission in any civil or criminal court case; however, payment extinguishes the infringement notice option and relief via payment should be considered strategically.

Public registers and transparency implications

• The registers required under r 5, r 6 and r 9 are public by design. Applicants for exemptions and persons affected by Chief Officer determinations should expect their names, the goods, the regulatory provisions, publication dates and cancellation dates to be recorded and exposed for public inspection (r 9(2)). This has reputational and commercial confidentiality implications that must be managed.

In short, the main practical pitfalls are cross‑instrument complexity, Schedule 1 exceptions, formal publication requirements for administrative actions, and the implications of licence synchronisation and discretionary fee relief. Each of these is grounded in a specific regulation or schedule clause cited above.

To comply with the General Regulations, regulated entities should adopt disciplined classification, recordkeeping and application procedures that map to the specific regulatory hooks in the text. Below is a practical checklist tied to the relevant provisions.

1. Classification and testing

• Use the ADG Code and the UNTC as primary classification tools. Regulation 4 explicitly links dangerous‑goods status to the ADG Code Dangerous Goods List, ADG Code Part 2 criteria, and the UNTC tests (r 4(2)-(3); r 3).
• Ensure laboratory testing for flashpoint uses AS 2106 or an equivalent standard as required by r 3. Obtain and retain lab certificates that reference the test method so classification arguments are supportable.

2. Check Schedule 1 and ADG Code special provisions

• Check Schedule 1 for specific inclusions: >45% ammonium nitrate, sulphur in any form and combustible liquids are treated as dangerous goods in WA (Schedule 1 items 1-3; r 4(2)(b)).
• Do not assume ADG Code special provisions automatically exclude goods in WA. Regulation 4(5) may operate to exclude goods not subject to the ADG Code because of an ADG special provision, but Schedule 1 can override this for specified items (r 4(5); Schedule 1 item 2).

3. Rely on Chief Officer determinations only when gazetted and registered

• If you rely on a Chief Officer determination about whether goods are dangerous or too dangerous to transport, verify the determination is in writing, published in the Gazette and present in the public register required by r 5(2) and r 6(7). Oral assurances are not sufficient (r 5(1)-(2); r 6(6)-(7)).

4. Exemptions: application content and process

• When applying for an exemption under Part 4 of the Act, prepare an application that contains all items listed in r 7(a)-(j): name and address; place/vehicle/thing; activity; persons; goods; regulations to be exempted; period; grounds; information relevant to s 22(2); signature and date; and deliver the application to the Chief Officer (r 7).
• Be prepared to provide additional information on request under r 8. Track requests and responses carefully because the Chief Officer may rely on requested material when deciding the exemption.

5. Registers and recordkeeping

• Maintain corporate records that support any entries that will go into the public registers, including technical reports, transport documentation and the rationale for any exemption applications. The exemption register required by r 9(2) will contain who applied, the goods, regulatory provisions, Gazette publication details, operation date, period, amendments and cancellation details. Be ready to supply accurate data.

6. DGO identity cards

• If issuing or requiring DGO identification, ensure the card contains the exact elements prescribed in r 10: Act short title, department name, full name of the DGO, DGO signature, colour photograph, issue and expiry dates and Chief Officer signature. Keep a protocol for timely renewal before expiry.

7. Licence synchronisation and fee management

• If you hold multiple licences covered by r 15(1), consider whether synchronising expiry dates is operationally helpful. Any synchronisation requires your consent (r 15(3)). If you consent, be aware the Chief Officer may cancel and reissue licences with reduced duration, effective on the issuance date (r 15(4)). Ask for written notice of the due date and the licences and fees to which it applies (r 15(5)).
• For fee relief, prepare a case showing why a reduction, refund or waiver is “fair or reasonable” under r 14. Fee relief is discretionary.

8. Infringement notice response

• If you receive an infringement notice in the prescribed Form 1 (Schedule 2 Form 1), exercise the election to contest in court or pay the modified penalty within 28 days carefully. Preserve evidence to contest the charge if you elect court proceedings.
• If the notice is later withdrawn using Form 2, follow the refund instructions in that form.

9. Liaise with advisers and technical bodies

• Because the regulations cross‑refer to external technical instruments and other subordinate regulations, engage competent technical advisers for classification and legal advisers for licensing and exemptions. Keep copies of the ADG Code, the UNTC tests and any applicable Australian Standards.

10. Monitor the Gazette and public registers

• Regularly monitor the Gazette and the Chief Officer’s public registers for new determinations or amendments that might affect your operations. The regulations require determinations and exemptions to be published and registered (r 5(1)(b); r 6(6)(b); r 9(2)).

Document control and practical tips

• Keep a regulatory folder that maps each activity, licence and substance to the specific clause in the ADG Code, the UNTC test or the regulation that determines treatment. For combustible liquids, store the definition copied from the Storage and Handling Regulations reg 4 in the folder because Schedule 1 uses that term by reference (r 3; Schedule 1 item 3).
• When negotiating contracts for storage or transport, include clauses requiring counter‑parties to check the ADG Code and the public registers and to notify you of any Chief Officer determination that changes the classification or transport permissibility of goods.

Following these steps will align operational practice with the prescriptions embedded in the regulations and reduce the risk of administrative error, missed notices or misclassification.