Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007

Dangerous goods are defined by reference to the ADG Code Part 2 criteria, the Appendix A goods too dangerous to transport, and combustible liquids (r. 8(2)). The definition expressly excludes explosives (Class 1), infectious substances (Division 6.2), and radioactive materials (Class 7) (r. 8(5)). Bulk dangerous goods are those in a container over 500 L capacity, or over 500 kg net mass, or in undivided solid quantities over 500 kg (r. 9A). Manifest quantity is the threshold in Schedule 1 column headed “Manifest quantity” that triggers licensing requirements; quantities exceeding this threshold require a licence and more extensive obligations (r. 4, Schedule 1). Placarding quantity is the Schedule 1 threshold that triggers the requirement for placards (rr. 68, 70). Packing group (I, II, III) indicates the degree of danger and is assigned under regulation 10 by reference to the ADG Code, Chief Officer determination, or UNTC criteria. Subsidiary hazard is a secondary danger class (e.g., corrosive, flammable) assigned under regulation 9. Fire risk dangerous goods include gases of Division 2.1, Class 3, Divisions 4.1‑4.3, 5.1‑5.2, and goods with corresponding subsidiary hazards (r. 4). Hazardous area is any area where a flammable atmosphere may be present (r. 4). Ignition source includes naked flames, sparks, and electrical equipment not designed for hazardous areas (r. 4). Safety data sheet (SDS) is defined by reference to the National Code of Practice or Safe Work Australia’s 2016 code (r. 4). Current SDS means the most recent version reviewed at least every 5 years (r. 4). Dangerous goods site is a place where dangerous goods are stored or handled, but does not include a rural dangerous goods location or small quantity dangerous goods location (r. 4). Small quantity dangerous goods location is a place where quantities do not exceed the placarding quantity (r. 4, Schedule 1). Rural dangerous goods location is defined by location outside the metropolitan region, outside a townsite, on 5 ha or more, used for agricultural, aquacultural, floricultural, horticultural or pastoral purposes and not supplying to others (r. 4). Major hazard facility is given meaning by the separate Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 (r. 4). Free from dangerous goods has a specific technical meaning regarding cleaning and atmospheric clearance to below 5% of the lower explosive limit for flammable goods (r. 4). Reportable situation under section 9 of the Act is prescribed as any dangerous goods incident, and any other situation that could have resulted in unexpected spill, leak, fire, explosion or release of energy (r. 121(1)).

The Regulations impose duties on a broad range of persons and entities throughout the lifecycle of dangerous goods. Manufacturers and importers of goods must determine whether goods are dangerous goods, classify them in accordance with the ADG Code, and assign a UN number, proper shipping name, and packing group (r. 13A). They must prepare an SDS before first supply and revise it at least every 5 years or when information becomes inaccurate (rr. 18, 19). They must also ensure packaging and container labelling meet ADG Code or GHS requirements (r. 13C). Suppliers (including retailers) must not supply dangerous goods if they suspect packaging or labelling is non‑compliant, and must provide a current SDS on first supply or on request (rr. 13, 20). Exemptions exist for certain retail transactions (r. 20(2); r. 14 for containers up to 30 L or 30 kg). Operators of dangerous goods sites that exceed the manifest quantity must obtain a licence under Part 4 Division 1 (r. 25) and bear the majority of operational duties: risk assessment (r. 48), control measures (spill containment, segregation, impact protection, ignition source elimination, hazardous atmosphere control, design, inspection of bulk containers, underground systems compliance, decommissioning) (rr. 51‑67), placarding (rr. 68‑72), emergency planning (rr. 73‑76B), recordkeeping (manifest, site plan, SDS) (rr. 78‑79), and ensuring adequate training and supervision of employees (r. 81). Operators must also manage visitors, prevent unauthorised access, and provide information to adjacent occupiers (rr. 84, 66, 76A). Employees at dangerous goods sites have a general duty to take care of their own safety and health, comply with instructions, not interfere with labels or placards, not be under the influence of alcohol or drugs, and report dangerous situations (r. 85). Visitors must be provided with sufficient supervision and information (r. 84). Operators of dangerous goods pipelines must register the pipeline (r. 88) and ensure it is designed, built, maintained, labelled and accessible for examination (rr. 111‑114). Owners of pipelines also have duties for decommissioning and cleaning (r. 115). Occupiers of rural dangerous goods locations and small quantity dangerous goods locations have a reduced set of duties covering spill clean‑up, segregation, impact protection, ignition source control, packaging and labelling acceptance, decommissioning, PPE, security, SDS access, and training (rr. 123‑132). Berth operators and masters of vessels in port areas must comply with specific requirements under Part 8A, including emergency plans, minimising handling time, using special berths for explosion risk goods, and ensuring goods are properly documented and packaged (rr. 135C‑135P). Consignors of goods in port areas have duties regarding compliance with ADG/IMDG codes and documentation (r. 135D). Medical practitioners may obtain chemical identity information from manufacturers, importers or suppliers, but must only use that information for patient management (r. 23). The Chief Officer (appointed under the Act) has powers to determine classifications, direct analysis, issue licences/registrations, impose conditions, suspend or cancel authorisations, and prohibit supply (rr. 12A, 13B, 15, 26‑41, 88‑104).

Duties of manufacturers and importers include mandatory classification (r. 13A), preparation of an SDS before supply (r. 18), revision of SDS at least every 5 years (r. 19), and ensuring packaging and labelling comply with ADG Code or GHS (r. 13C). They must also provide a current SDS to first recipients and on request (r. 20), and disclose chemical identity to a medical practitioner for emergency purposes (r. 23). Failure to obey a Chief Officer direction to analyse and test goods is an offence (r. 13B). Duties of suppliers include a prohibition on supplying goods where packaging, labelling, or container integrity is suspect (r. 13), and a duty to provide any additional available safety information on request (r. 22). Operators of dangerous goods sites that require a licence must apply, pay annual fees, notify the Chief Officer of incorrect information or criminal charges, and not contravene licence conditions (rr. 26, 27, 44A, 44, 45, 46). The operator must conduct a risk assessment and keep a record (r. 48), review it every 5 years or when significant changes occur (r. 48(3)), and provide it on request (r. 49). Specific risk control measures are mandated: spill containment and clean‑up (r. 51), segregation from incompatible goods (r. 52), maintaining stabiliser levels and control temperatures (r. 53), protection from impact (r. 54), safe transfer procedures (r. 55), elimination or control of ignition sources in hazardous areas (r. 56), managing hazardous atmospheres (r. 57), ensuring storage/handling systems are properly designed, built, installed and maintained (r. 58), labelling pipework (r. 60), inspecting bulk containers (r. 61), complying with Australian Standard AS 4897 for underground petroleum systems (r. 62), decommissioning systems (r. 63), providing adequate lighting and unobstructed entrances/exits (rr. 64, 65), maintaining security (r. 66), and keeping a 3-metre clearance from combustible material (r. 67). Placarding duties require HAZCHEM outer warning signs, bulk goods placards, and packaged goods placards where Schedule 1 thresholds are exceeded (rr. 68‑72). Emergency planning obligations include an emergency plan for sites above manifest quantity (r. 75), an FES emergency response guide for sites above ten times the manifest quantity (r. 76B), and fire control equipment (r. 73). The operator must keep a manifest and site plan, updated within 7 days of significant changes and at least every 3 years (r. 78). The operator must also maintain current SDS for goods on site, ensure employee access and provide information to adjacent occupiers affected by potential incidents (rr. 76A, 79). Training duties require induction covering hazards, control measures, emergency procedures, and proper use of equipment, with records kept for 5 years (r. 81). The operator must make the risk assessment and emergency plan available to employees and consult on them (rr. 82, 83). Occupiers of rural/small quantity locations have similar but less detailed duties for spill clean‑up, segregation, impact protection, ignition control, labelling of accepted packaging, decommissioning, PPE, security, SDS, and training (rr. 123‑132). Rights of the Chief Officer include the power to grant, suspend, cancel licences and registrations, impose conditions, request information, direct analysis, prohibit supply, and access information and sites (rr. 15, 26‑43, 89‑106, 13B). Rights of employees and others include the right to current SDS, to be provided with information and training, and to have the risk assessment and emergency plan available (rr. 79, 81, 82, 84). Medical practitioners have a right to obtain chemical identity information from manufacturers, importers or suppliers for patient management (r. 23(1)).

The Regulations provide for a tiered penalty structure and several enforcement mechanisms. Penalties are expressed as level 1, level 2 or level 3 fines, defined in regulation 4: a level 1 fine is $10 000 for an individual and $50 000 for a body corporate; level 2 is $5 000 for an individual and $25 000 for a body corporate; level 3 is $1 000 for an individual and $5 000 for a body corporate. Many offences also carry imprisonment terms for certain port‑related offences, such as up to 10 months’ imprisonment for a master or berth operator who contravenes Part 8A (e.g., rr. 135E, 135F, 135G, 135M, 135N, 135O). The offence of providing false or misleading information attracts a level 1 fine and 10 months’ imprisonment (r. 139). Enforcement powers are distributed between the Chief Officer, DGOs (Dangerous Goods Officers), and the FES Commissioner. The Chief Officer may suspend or cancel a licence or registration on grounds including the holder being charged or convicted of a dangerous goods offence, non‑compliance, or providing false information (rr. 39, 102). Suspension can be immediate in urgent circumstances where an unacceptable risk would otherwise exist (rr. 41, 104). The Chief Officer must follow procedural fairness: a notice of proposed action, 28‑day submission period, and written reasons for the decision (rr. 40, 103). The holder must return the licence or registration document within 14 days (rr. 42, 105). Infringement notices are available for most level 2 and level 3 offences, with a modified penalty of 10% of the maximum fine (r. 140). Certain offences are excluded from the infringement notice scheme, such as those under regulations 22 and 65 (r. 140(2)). Reportable situations must be reported under Act section 9, and regulation 121 prescribes that any dangerous goods incident (and certain near‑misses) is reportable. The report must include location, operator name, date and time, type and quantity of goods, a description of the situation, details of injuries or damage, an assessment of cause, and measures taken (r. 121(2)). A DGO may also issue a notice requiring a written report about a dangerous goods incident (r. 122). Failure to obey is a level 3 fine, but information in the report is not admissible in criminal proceedings except for the offence of non‑compliance or giving false information (r. 122(5)). Annual fees for licences are prescribed in Schedule 5: $276 for sites with less than 50 000 kg or L of dangerous goods, and $903 for sites with 50 000 kg or L or more (Schedule 5, clause 2). Late payment within a 3‑month grace period attracts a $41.00 late payment fee (r. 44A(4)). Licences have a 5‑year duration (r. 34). Licence holders who surrender or have cancelled a licence before expiry are entitled to a partial refund of the annual fee (r. 48A). Register of licences and register of registrations must be kept by the Chief Officer, with key information accessible to the public during normal office hours (rr. 47, 110).

The Regulations interact with the Dangerous Goods Safety Act 2004 (the Act) as the primary legislation; they are made under sections 13, 16, and 56(3) of the Act. Section 9 of the Act (duty to report reportable situations) is operationalised by regulation 121, which prescribes what constitutes a reportable situation. Section 16 of the Act (transportation of goods too dangerous to transport) is given content by regulation 11, which defines “goods too dangerous to transport” by reference to ADG Code Appendix A or Chief Officer determination. The Regulations expressly exclude certain dangerous goods from their scope: they do not apply to explosives (Class 1), infectious substances (Division 6.2), or radioactive materials (Class 7) (r. 8(5)). Those goods are covered by other regulations: the Dangerous Goods Safety (Explosives) Regulations 2007 and the Dangerous Goods Safety (Radioactive Substances) Regulations 2007. Similarly, transport of dangerous goods by road or rail is excluded from these Regulations (r. 6(a)‑(b)); that activity is regulated by the Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007. The Regulations also do not apply to certain low‑risk scenarios, such as goods in vehicle fuel tanks, portable fire extinguishers, compressed gas in pneumatic tyres, asbestos, or worksites that are not workplaces under the Work Health and Safety Act 2020 (WA) if quantities are below specified limits (r. 6). The Work Health and Safety Act 2020 is referenced to define when the Regulations do not apply to certain non‑workplace sites: if the dangerous goods site is not a workplace, the provisions of regulation 6(l) apply to exempt small quantities (r. 6(l)). The Fire and Emergency Services Act 1998 is referenced through the definitions of FES Commissioner and FES Department, and through duties to provide emergency plans and guides to the local FES station (rr. 76B, 75(7)). The Port Authorities Act 1999 and Shipping and Pilotage Act 1967 define “port” and “port area” for Part 8A (r. 134). The Mines Safety and Inspection Act 1994 section 4(1) is used to exclude unprocessed ore, tailings dams, and heap leach materials at mines from the definition of dangerous goods (r. 6(qa)), and to exempt certain sites from the FES emergency response guide requirement (r. 76B(2)(b)(ii)). The Regulations incorporate Australian Standards (e.g., AS 1940 for fire point, AS 4897 for underground petroleum storage systems, AS/NZS 2106 for flashpoint testing, AS 3846 for port risk assessment) and the ADG Code for classification, labelling, and documentation. The GHS is incorporated as an alternative for container labelling and inner labelling for manufacturers and importers (rr. 13C(2), (3)). The Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007 are cross‑referenced for sites that are or may be major hazard facilities: a licence application may be delayed pending a safety report under those regulations (r. 31), and annual fees for licences are not payable if fees are payable under those regulations (r. 44A(2)). The Dangerous Goods Safety (General) Regulations 2007 are referenced for due dates for annual fees (r. 44A(3)(a)), and for infringement notice form (r. 140 Note). The Vocational Education and Training Act 1996 is used in the definition of “employee” for training contracts (r. 4). The Civil Aviation Act 1988 (Commonwealth) allows engine‑running during fuel dispensing for aircraft (r. 137(2)). The Regulations also reference the Globally Harmonised System of Classification and Labelling of Chemicals (3rd to 6th revised editions) as an alternative standard for labelling (r. 4). The Adopted National Exposure Standards and the UNTC (Manual of Tests and Criteria) are incorporated for determining subsidiary hazards and packing groups (rr. 4, 9, 10).

The original Regulations were published in the Gazette on 31 December 2007 and commenced on 1 March 2008 for most provisions, with Part 5 Division 1 (pipeline registration) commencing on 1 March 2009 (r. 2). They have been amended frequently. Significant amendments include: the Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2012 (published 16 March 2012, operative 1 April 2012) which made extensive changes including rewording of Part 4 licensing provisions, introduction of new definitions (e.g., bulk in regulation 9A), new placarding provisions (Schedules 4 and 5), and amendments to Part 5. The Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2013 (published 2 December 2013, operative 1 January 2014) inserted Part 8A (Dangerous goods in ports), added regulation 12A (Chief Officer may determine classification), substituted regulation 75 (emergency plan), added regulations 76A and 76B (information for adjacent occupiers, FES emergency response guide), and amended various definitions. The Dangerous Goods Safety (Goods in Ports) Repeal Regulations 2013 (effective 1 January 2014) transferred port‑related provisions from separate regulations into this instrument. Subsequent annual amendments to fees have been made (e.g., 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, 2025). The Dangerous Goods Safety Regulations Amendment Regulations 2017 (effective 4 March 2017) inserted the duties of manufacturers and importers as to classification (r. 13A) and updated the definition of SDS. The Dangerous Goods Safety Regulations Amendment Regulations 2018 (effective 21 March 2018) made changes to fire control equipment (r. 73) and other provisions. The Dangerous Goods Safety Regulations Amendment Regulations 2020 (effective 10 October 2020) updated ADG Code references and definitions. The Mines and Petroleum Regulations Amendment (Work Health and Safety) Regulations 2022 (effective 31 March 2022) amended regulation 6(l) to replace references to the former Occupational Safety and Health Act 1984 with the Work Health and Safety Act 2020. The Dangerous Goods Safety Regulations Amendment Regulations 2024 (effective 18 April 2025) made further adjustments to definitions and references. The most recent fee amendment is SL 2025/90 effective 1 July 2025. A full compilation table is provided in the Notes to the Regulations.

The source text does not cite any judicial decisions or litigation history. No cases are named or discussed in the Regulations themselves. Accordingly, no litigation history can be described from the provided source. The commentary must refrain from speculating about any court proceedings.

Several provisions create traps for the unwary. Exemption for short‑term sites (r. 25(3)) allows an unlicensed site to hold dangerous goods for up to 6 months in quantities up to three times the manifest quantity, but only if the operator has a risk assessment, notifies the Chief Officer in writing, and complies with any Chief Officer directions. The goods must not be manufactured or processed on the site, and the site must not be a major hazard facility. This is a limited window that requires proactive notification and compliance. Deemed withdrawals under regulation 30(2) and 93(2): if the Chief Officer requests further information in relation to a licence or registration application and the applicant does not respond within 21 days (or an extension), the application is taken to be withdrawn. This is not a discretionary refusal but an automatic withdrawal, entitling the applicant to a refund of fees but resetting the process. Alternative compliance for underground petroleum systems is permitted under regulations 62(3) and 133(3) if the operator uses “alternative safety measures” that result in an equal or lower level of risk. However, this alternative compliance requires a written record of the measures and why they achieve equivalency (r. 62(4); 133(4)). If a DGO requests that record, it must be provided (r. 62(5); 133(5)). Importantly, failing that, the person is deemed to be contravening the regulations under section 47 of the Act (r. 62(6); 133(6)). Licensing deferral for port areas under Schedule 6, clause 9: a dangerous goods site in a port area that was unlicensed immediately before 1 January 2014 is not required to be licensed for 6 months after that date. This grandfathering provision expired, so any port‑area site that has not since obtained a licence is now non‑compliant. Emergency plan and FES response guide must be revised whenever there is a significant change in risk, layout, or after a dangerous situation, and at least every 3 years (r. 75(5); 76B(5)). Failure to do so is a level 2 fine. Also, the emergency plan for a site above manifest quantity must be given to the harbour master for berths in port areas (r. 135F). Manifest and site plan update within 7 days after any significant change is required, and in any event every 3 years (r. 78(3)). The 7‑day clock can be easily missed during operational changes. Inspection records for bulk containers must be retained for as long as the container remains in service at the site managed by the operator, and if the operator changes, the records must be delivered to the successor (r. 61(1)(e)‑(f)). The successor must retain them (r. 61(2)). Failure to do so is a level 3 fine. Training records must be kept for at least 5 years (r. 81(4)(a)). This is a longer retention period than for some other records. The exemption for persons under 15 (r. 80) allows a person under 15 to store or handle dangerous goods only if supervised by the operator or an employee aged 18 or over. This may be an issue for family‑run rural locations. Port‑area explosion risk goods have strict mandatory documentation: when importing 30 tonnes or more of ammonium nitrate (UN 1942/2067), the goods must be accompanied by “sufficient evidence” including chemical analysis, a specific UN gap test result, and classification evidence (r. 135M). Failure to have this evidence at the time of import, loading/unloading, or while on the berth is a level 1 fine and 10 months imprisonment, even if the goods are genuine. The prohibition on loose form explosion risk goods (r. 135L) means all such goods must be in containers that can be loaded/unloaded as a unit. A defence exists for spillage from a broken container (r. 135L(5)).

Compliance should be approached in a structured manner based on the type of premises and quantity of goods. Step 1: Determine classification. Manufacturers and importers must first determine whether goods are dangerous goods and classify them under the ADG Code, assigning a UN number, proper shipping name, and packing group if applicable (r. 13A). Obtain or prepare a compliant safety data sheet (SDS) before supply (r. 18) and review it at least every 5 years (r. 19). Step 2: Determine site status. For any place where dangerous goods are stored or handled, calculate the total quantity using regulation 12 methodology (capacity for liquids, mass for solids). Compare with Schedule 1: if quantities exceed the “Manifest quantity”, the site is a dangerous goods site requiring a licence (r. 25). If quantities are between the “Placarding quantity” and the “Manifest quantity”, the site is a small quantity dangerous goods location and does not require a licence but must comply with Part 7 duties. If located in a rural area meeting the definition, the site is a rural dangerous goods location with its own duties. Step 3: Licensing. For a dangerous goods site exceeding the manifest quantity, submit a licence application in the approved form to the Chief Officer (r. 26). The application must include a location plan, a risk assessment (meeting the definition in r. 4), a manifest, and a site plan (Schedule 3). A checking fee applies unless accompanied by a signed certificate from an approved person (r. 26(2)(f)). Pay the annual fee (Schedule 5, $276 or $903 depending on aggregate quantity). The licence lasts 5 years (r. 34). Renew before expiry (r. 27). Step 4: Risk assessment and control measures. Prepare and maintain a written risk assessment that identifies hazards, assesses probability and harm, and identifies risk control measures (r. 48). Review every 5 years or after significant changes or a reportable situation. Implement the control measures required by regulations 51‑67: ensure spill containment (r. 51), segregate incompatible goods (r. 52), maintain stability (r. 53), protect against impact (r. 54), use safe transfer procedures (r. 55), eliminate ignition sources in hazardous areas (r. 56), control hazardous atmospheres (r. 57), design and maintain systems properly (r. 58), label pipework (r. 60), inspect bulk containers (r. 61), comply with AS 4897 for underground petroleum systems (r. 62), decommission systems safely (r. 63), provide adequate lighting and clear entrances (rr. 64, 65), maintain security (r. 66), and keep 3 metres clear of combustibles (r. 67). Step 5: Placarding. Where quantities exceed the placarding quantity (Schedule 1), display an outer warning “HAZCHEM” placard at each entrance (r. 68). For bulk goods, display appropriate bulk placards (r. 69). For packaged goods, display a pack placard (r. 70). Keep placards clean, legible, and unobstructed (r. 71). Update placards when type or quantity changes (r. 72). Step 6: Emergency planning. For sites above the manifest quantity, prepare an emergency plan (r. 75). For sites above ten times the manifest quantity (and not a petrol station or mine), prepare an agreed FES emergency response guide in consultation with the local fire station (r. 76B). Provide copies to the FES Commissioner and Chief Officer on request. Provide information to occupiers of adjacent places if the risk could extend off‑site (r. 76A). Step 7: Recordkeeping. Maintain a manifest and site plan that comply with Schedule 3 (r. 78). Update within 7 days of significant changes and at least every 3 years. Keep current SDS for all dangerous goods on site and make them accessible to employees and FES officers (r. 79). Keep training records for 5 years (r. 81(4)). Keep inspection records for bulk containers for the life of the container (r. 61). Step 8: Training and supervision. Provide induction, information, training, and supervision to all persons involved in storage and handling, including instruction on hazards, control measures, emergency procedures, and PPE (r. 81). For employees under 15, ensure supervision by an adult over 18 (r. 80). Consult employees on risk assessments and plans (r. 83). Step 9: Pipelines. If operating a dangerous goods pipeline with an internal diameter of 60 mm or more and not wholly within a licensed site, apply for registration (r. 88‑89). Provide a written report demonstrating safe operation (r. 89(2)(b)). Label or signpost the pipeline (r. 112). Ensure decommissioned pipelines are cleaned and made safe (r. 115). Step 10: Incident reporting. In the event of a dangerous goods incident, respond immediately to control risks (r. 118), advise affected adjacent persons (r. 119), investigate and keep a record (r. 120), and report the reportable situation to the Chief Officer under section 9 of the Act (via r. 121). Provide additional reports as directed (r. 122). Step 11: Port‑area obligations. If operating in a port area, ensure that non‑explosive goods brought in or out by sea are ADG or IMDG compliant and accompanied by proper documentation (r. 135D). For explosion risk goods, use a special berth (non‑explosives) when quantities exceed thresholds (1 030 t on a vessel or 30 t handled) (r. 135H). Ensure that the berth has a risk assessment, implementation plan, and emergency plan approved by the Chief Officer (r. 135I). Maintain written procedures for vehicle management and maximum quantities on the berth (r. 135O(7)‑(8)). Prohibit hot work, smoking, and remove damaged containers and spillages promptly (r. 135O). Step 12: Ongoing compliance. Pay annual fees on time (r. 44A). Correct any incorrect information provided to the Chief Officer within 14 days (r. 44). Notify the Chief Officer if charged with or convicted of a dangerous goods offence (r. 45). Do not contravene licence conditions (r. 46). Keep the licence current and ensure the site remains compliant with all risk control and recordkeeping duties.