Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007
In ForceWA
Jurisdiction
Western Australia
Collection
regulation
Plain English Summary
9/10 complexity
This regulation creates a detailed WA framework for managing non‑explosive dangerous goods: who must classify, label, package, store, handle, transport (including pipelines and ports), and respond to incidents. Businesses that manufacture, import, supply, operate sites, pipelines or berths face licensing/registration, risk‑management, SDS, placarding and engineering‑standard duties; consignors in ports face tighter packing and testing rules. The Chief Officer centrally enforces approvals, testing and prohibitions; compliance costs and most risks fall on operators and upstream suppliers.
These regulations implement operational controls for the storage and handling of non‑explosive dangerous goods in Western Australia under the Dangerous Goods Safety Act 2004. They (a) define what counts as “dangerous goods” for this regulatory scheme and adopt classification, packing and labelling systems from national and international instruments such as the ADG Code, the IMDG Code and the GHS (regs 4, 8, 135D); (b) allocate primary duties across manufacturers, importers, suppliers, operators of dangerous goods sites and owners/operators of dangerous goods pipelines (Part 3, Part 4, Part 5); (c) set thresholds and triggers for site licensing, pipeline registration, placarding and emergency planning (reg 25, Part 5, Sch 1, regs 68-76); (d) prescribe risk assessment, risk control, record keeping and response obligations for operators and occupiers, including design, maintenance and inspection standards and the format/content of manifests, site plans and emergency plans (regs 48, 51-63, 73-79, Sch 3); and (e) create port‑specific duties for consignors, masters and berth operators where dangerous goods are handled in port areas, with additional controls for specified “explosion risk goods” (Part 8A, regs 135A-135P).
Decision‑making powers are given to the Chief Officer (for example to grant, impose conditions on, amend, suspend or cancel licences or registrations, to direct testing or to prohibit supply) and to authorised Dangerous Goods Officers (DGOs) and the FES Commissioner for operational liaison and enforcement (regs 12A, 26, 30, 32, 33, 39-43, 122, 68, 76B). The instrument cross‑references Australian Standards and industry codes (for example AS 4897 for underground petroleum systems, AS 3846 for port handling risk elements) and allows the use of approved alternative safety measures if they provide at least as low a level of risk, subject to records and Chief Officer scrutiny (reg 62(3)-(6), reg 135J).
Current sections
Direct links to the current provisions in Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007.
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Part 1
Preliminary
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Notes are not part of the law except in Schedules 11
Application of regulations 11
Incorporation etc. of references in other documents 14
Part 2
General
Part 2 — General
Dangerous goods defined 15
9A. Term used: bulk 16
Term used: subsidiary hazard 16
Packing group defined 17
Goods too dangerous to transport defined (Act s. 16) 17
12A. Chief Officer may determine classification of goods 18
Quantity of dangerous goods, determining 18
Part 3
Duties of manufacturers, importers and suppliers
Part 3 — Duties of manufacturers, importers and suppliers
Div 1
General duties
Division 1 — General duties
13A. Duties of manufacturer and importer as to classification of goods 20
13B. Chief Officer may direct analysis of goods 20
13C. Duties of manufacturer or importer as to packaging and container labelling 22
Prohibitions on supply 23
Application of r. 13 to retailers 23
Chief Officer may prohibit supply of dangerous goods to certain sites or in certain pipelines 24
Div 2
Safe storage and handling information
Division 2 — Safe storage and handling information
Terms used 25
Application of Division to combustible liquids 25
SDS to be prepared before goods supplied 26
When revised SDS required 26
Provision of current SDS 26
Dangerous goods at dangerous goods site to be in labelled etc. containers 27
Safe storage and handling information not in SDS to be provided 28
Medical practitioners, providing information to 28
Part 4 — Dangerous goods sites
Division 1 — Licensing of dangerous goods sites
Subdivision 1 — Preliminary matters
Terms used 29
Subdiv 2
General matters
Subdivision 2 — General matters
Certain sites to be licensed (Act s. 13) 29
Licence, applying for 32
Licence, renewal of 33
Transfer of licence, applying for 34
Amending licence 34
Chief Officer may request further information 37
Licence for site that is or may be major hazard facility 37
Grant of licence application 38
Conditions of licence 38
Duration of licence 39
Form of licence 40
Licence valid according to its terms 40
Licence, surrender of 40
Lost etc. licence, replacement of 40
Subdiv 3
Suspending and cancelling licences
Subdivision 3 — Suspending and cancelling licences
Grounds for suspending or cancelling 41
Procedure for suspending or cancelling 41
Suspension in urgent circumstances 42
Licence to be returned on suspension etc. 43
Suspension may be terminated 43
Subdiv 4
Duties of licence holders
Subdivision 4 — Duties of licence holders
44A. Annual fees for licence 43
Wrong information, duty to correct 44
Licence holder charged with or convicted of dangerous goods offence to notify Chief Officer 44
Condition of licence, contravening 45
Subdiv 5
Miscellaneous matters
Subdivision 5 — Miscellaneous matters
Register of licences 45
48A. Refunds of fees if licence surrendered etc. 46
Division 2 — Risk assessment and control
Subdiv 1
Risk assessment
Subdivision 1 — Risk assessment
Risk assessment, requirements as to 46
Record of r. 48 assessment 47
Subdivision 2 — Risk control measures in relation to dangerous goods
Spills and leaks, containment and clean up of 47
Segregation of dangerous goods 48
Stability of dangerous goods, requirements for 48
Dangerous goods to be protected from impact 49
Transferring dangerous goods, requirements for 49
Ignition sources in hazardous areas, requirements as to 49
Hazardous atmosphere, requirements as to 49
Storage and handling systems, design etc. of 50
Packaged dangerous goods etc., requirements as to delivery of etc. 51
Pipework containing dangerous goods, labelling of 52
Bulk dangerous goods not in IBCs, requirements as to 52
Underground storage or handling systems for Class 3 dangerous goods and petroleum products, requirements for 53
Decommissioned storage or handling systems to be cleaned etc. 56
Lighting requirements 57
Entrances and exits to be clear 57
Security requirements 57
Fire hazards, requirements as to 57
Subdivision 3 — Placards
HAZCHEM placards, when and where required 58
Dangerous goods stored in bulk, signs at sites of 58
Dangerous goods stored in packages or IBCs, signs at sites of 60
Signs to be properly displayed at sites 61
Placards, revision of 62
Subdivision 4 — Emergency management and planning
Fire control equipment required on site 62
Other risk control equipment, requirements for 64
Emergency plan required for some sites 65
76A. Information for occupier of site adjacent to dangerous goods site 66
76B. FES emergency response guide required for some sites 67
Dangerous goods incidents, containment of 69
Subdivision 5 — Records
Manifest and dangerous goods site plan, requirements as to 69
Requirements as to SDS for dangerous goods 70
Subdiv 6
Duties relating to persons at a dangerous goods site
Subdivision 6 — Duties relating to persons at a dangerous goods site
Persons under 15 on sites 71
Training, supervision etc. of people involved with dangerous goods 71
Copies of risk assessment and emergency plan to be available to employees 73
Consultation with employees about risk assessment etc. 73
Visitors, supervision of etc. 73
General duties of people other than operator of site 73
Damaging etc. storage or handling system, offence 74
Part 5 — Dangerous goods pipelines
Division 1 — Registration of dangerous goods pipelines
Subdivision 1 — Preliminary matters
Terms used 75
Subdivision 2 — General matters
Some pipelines to be registered 75
Registration, applying for 76
Registration, renewal of 76
Transfer of registration, applying for 77
Amending registration 77
Chief Officer may request further information 78
Registration of pipeline connected to or part of major hazard facility 79
Grant of registration application 80
Conditions of registration 80
Duration of registration 80
Form of registration 81
Registration valid according to its terms 81
Registration, surrender of 82
Lost etc. registration documents, replacement of 82
Subdivision 3 — Suspending and cancelling registrations
Grounds for suspending or cancelling 82
Procedure for suspending or cancelling 83
Suspension in urgent circumstances 84
Registration to be returned on suspension etc. 84
Suspension may be terminated 84
Subdivision 4 — Duties of registration holders
Wrong information, duty to correct 85
Registration holder charged with or convicted of dangerous goods offence to notify Chief Officer 85
Condition of registration, contravening 85
Subdivision 5 — Miscellaneous matters
Register of registrations 86
Division 2 — Risk control
Pipelines to be designed etc. to reduce risk from dangerous goods 86
Labels or signposts for pipelines 87
Pipelines to be accessible for examination and maintenance 87
Requirements as to SDS for goods in pipeline 87
Decommissioned pipelines to be cleaned etc. 88
Damaging etc. pipeline, offence 88
Part 6
Dangerous goods incidents at dangerous goods sites and dangerous goods pipelines
Part 6 — Dangerous goods incidents at dangerous goods sites and dangerous goods pipelines
Dangerous goods incidents, response required to 89
Affected persons to be advised of dangerous goods incident 89
Investigating and recording dangerous goods incidents 90
Reportable situations prescribed (Act s. 9) 90
Reports about dangerous goods incidents 91
Part 7
Rural dangerous goods locations or small quantity dangerous goods locations
Part 7 — Rural dangerous goods locations or small quantity dangerous goods locations
Division 1 — Provisions relating to rural dangerous goods locations and small quantity dangerous goods locations
Spill or leak to be cleaned up 93
Segregation of dangerous goods 93
Dangerous goods to be protected from impact 93
Ignition sources in hazardous areas, requirements as to 93
Packaged dangerous goods, requirements as to delivery of etc. 94
Decommissioned storage or handling systems to be cleaned etc. 95
Personal protective equipment etc., provision etc. of 95
Security of locations 96
Requirements as to SDS for dangerous goods 96
Training, supervision etc. of people involved with dangerous goods 97
Division 2 — Provisions relating only to rural dangerous goods locations
Underground storage or handling systems for Class 3 dangerous goods and petroleum products, requirements for 98
Part 8A
Dangerous goods in ports
Part 8A — Dangerous goods in ports
Division 1 — Preliminary matters
Terms used 102
135A. Meaning of consignor 103
135B. Meaning of explosion risk goods 104
Division 2 — Non‑explosives in port areas
135C. Application of this Division 105
135D. Packaging and documentation requirements for non‑explosives 106
135E. Master’s duties as to emergency plan for vessel 108
135F. Berth operator’s duties as to emergency plan for berth 108
135G. Berth operator’s duty to minimise time dangerous goods kept at berth 109
Div 3
Explosion risk goods in port areas
Division 3 — Explosion risk goods in port areas
135H. When special berth (non‑explosives) required 109
135I. Applying for declaration of special berth (non‑explosives) 110
135J. Content of risk assessment and implementation plan 111
135K. Dealing with application under r. 135I 112
135L. Explosion risk goods not to be in loose form 114
135M. Ammonium nitrate (UN 1942 and 2067) not to be imported, consigned or handled without evidence of analysis and testing 115
135N. Master’s duties 116
135O. Berth operator’s duties 117
135P. Berth operator to give Chief Officer report after handling explosion risk goods 120
Part 8
Miscellaneous
Part 8 — Miscellaneous
Storage or handling systems and pipelines, duties of manufacturers etc. of 122
Flammable liquids, filling of tanks etc. with 122
Storage of Class 3 or combustible liquids in vehicles 123
False or misleading information, offence 123
Infringement notices, offences and modified penalties (Act s. 56(3)) 124
Savings and transitional (Sch. 6) 124
Schedule 1 — Quantities of dangerous goods
Schedule 3 — Manifest and dangerous goods site plan
Division 1 — General
Term used: storage location 127
Division 2 — Manifest
General information in manifest 127
Emergency contacts in manifest 127
Dangerous goods at site, information in manifest about 127
Bulk dangerous goods not in IBCs and certain other dangerous goods, information in manifest about 128
Packaged dangerous goods etc., information in manifest about 128
Dangerous goods in manufacture or process, information in manifest about 130
Dangerous goods in transit, information about for cl. 4, 5 and 6 130
Division 3 — Dangerous goods site plan
General information in plan 130
Other information in plan 131
Sch 4
Placarding requirements
Schedule 4 — Placarding requirements
Figures referred to in Sch. 4 133
Outer warning placard (r. 68) 136
Placard for dangerous goods in bulk that are not goods too dangerous to transport or combustible liquids (r. 69) 136
Placard for dangerous goods in bulk that are goods too dangerous to transport (r. 69) 137
Placard for packaged dangerous goods (r. 70) 137
Placard for combustible liquids (in bulk or in containers) (r. 69 and 70) 138
Sch 5
Fees
Schedule 5 — Fees
Division 1 — Fees for grant, renewal or amendment of licence for dangerous goods site
Interpretation 139
Annual fee for Part 4 licence 139
Sch 6
Savings and transitional provisions
Schedule 6 — Savings and transitional provisions
Division 1 — Provisions relating to the commencement of these regulations
Terms used 141
Dangerous goods sites 141
Dangerous goods pipelines 141
Spill containment 142
Division 2 — Provisions relating to Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2012
Placards about combustible liquids 142
Division 3 — Provisions relating to Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2013
Term used: commencement day 143
Emergency plans 143
Special risk plans deemed FES emergency response guides 143
Deferral of licensing requirement for unlicensed dangerous goods site in port area 143
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Dangerous Goods Safety Act 2004
Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007
Western Australia
Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007
Contents
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Notes are not part of the law except in Schedules 11
Application of regulations 11
Incorporation etc. of references in other documents 14
Part 2 — General
Dangerous goods defined 15
9A. Term used: bulk 16
Term used: subsidiary hazard 16
Packing group defined 17
Goods too dangerous to transport defined (Act s. 16) 17
12A. Chief Officer may determine classification of goods 18
Quantity of dangerous goods, determining 18
Part 3 — Duties of manufacturers, importers and suppliers
Division 1 — General duties
13A. Duties of manufacturer and importer as to classification of goods 20
13B. Chief Officer may direct analysis of goods 20
13C. Duties of manufacturer or importer as to packaging and container labelling 22
Prohibitions on supply 23
Application of r. 13 to retailers 23
Chief Officer may prohibit supply of dangerous goods to certain sites or in certain pipelines 24
Division 2 — Safe storage and handling information
Terms used 25
Application of Division to combustible liquids 25
SDS to be prepared before goods supplied 26
When revised SDS required 26
Provision of current SDS 26
Dangerous goods at dangerous goods site to be in labelled etc. containers 27
Enforcement uses a calibrated penalty scheme. Monetary penalties are expressed as level 1, 2 or 3 fines with specific dollar values for individuals and corporates set in reg 4, supplemented by possible imprisonment for particular port offences (for example regs 135E, 135F, 135G, 135H, 135M, 135N, 135O). The Chief Officer keeps public registers of licences and registrations (regs 47, 110), and fees and refund arrangements for licences are set out (r. 44A, Sch 5). Transitional and savings provisions apply to legacy licences and pipelines and to staged commencement of some parts (Sch 6; reg 2).
The regulations specify who must do what, the standards or referenced documents that set technical detail, and the administrative and enforcement mechanisms by which the Department and FES functions are exercised. They also list detailed labelling, placarding and manifest formats (Schs 3 and 4) that translate classification and quantity thresholds into on‑site information and public warning obligations.
Main concepts
Dangerous goods, classification and quantity thresholds. The regulations define “dangerous goods” by reference to the ADG Code criteria and lists, add combustible liquids and carve out specific exclusions (reg 8). Key operational thresholds are the “placarding quantity” and the “manifest quantity” in Schedule 1; those thresholds determine whether placarding, manifesting, licensing or emergency planning duties arise (Sch 1; regs 25, 68, 69, 70, 75, 78).
Who does what. Duties are apportioned. Manufacturers/importers must classify goods and prepare SDSs, package and label per the ADG Code or the GHS (regs 13A, 18-20, 13C). Suppliers must provide SDSs on first supply and on request (r. 20), and may be prohibited from supplying goods into unlicensed or non‑compliant sites or pipelines (r. 15). Operators of dangerous goods sites have extensive operational duties: risk assessments and reviews (r. 48-49), spill containment (r. 51), segregation (r. 52), storage integrity and inspection (r. 61), placarding and signage (r. 68-72, Sch 4), fire control equipment and emergency planning (r. 73-76), manifest and site plan maintenance (r. 78, Sch 3) and training and induction for staff (r. 81). Pipeline owners/operators must register and ensure design, labelling, access for maintenance and SDS availability (Part 5, regs 88, 111-114).
Regulated discretion. The Chief Officer has express regulatory discretion: to determine whether goods are dangerous, assign classes, packing groups or subsidiary hazards, to require testing or analysis (r. 12A, r. 13B), to impose licence conditions (r. 33), to refuse decisions pending safety reports for major hazard facilities (r. 31, 94), and to prohibit supply to sites or pipelines that appear non‑compliant (r. 15). The FES Commissioner or DGOs have operational discretion to approve alternative placard locations and to be consulted on emergency response guides (r. 68, r. 76B). The regulations make clear that incorporated documents such as the ADG Code or Australian Standards cannot be used to override the regulations or permit departures from their requirements at a licence holder’s sole discretion (r. 7).
Information and documentation as compliance levers. The instrument makes manifest, site plan and SDS requirements the central compliance artefacts (r. 20, 78, Sch 3). The SDS regime is linked to timelines: SDS must be prepared before supply (r. 18), reviewed at least every 5 years or sooner if necessary (r. 19). The manifest and site plan must be updated within seven days of significant change and reviewed every three years (r. 78(3)).
Port and special goods controls. Part 8A creates a separate overlay for port areas. It imposes packaging and documentation conformity to ADG or IMDG rules for sea movements (r. 135D), specific consignor and master duties (regs 135A, 135E, 135N) and a regime for declaring “special berths” for certain explosion risk goods with associated application, risk assessment and implementation plan requirements (regs 135H-135K, 135M).
Risk control principles. The regulations repeatedly use the “so far as is reasonably practicable” test for risk control measures (e.g. regs 33(c), 48(2A), 51(1), 58, 73(1)). Where Australian Standards are invoked (for example AS 4897 for underground petroleum systems, AS 3846 in port risk assessments), compliance is mandated or an alternative with equal or lower risk documented and justified is permitted (r. 62(3)-(5)).
Sanctions and administrative mechanisms. A graduated penalty scheme applies (reg 4 and many specific regs). The Chief Officer has procedural obligations when proposing to suspend or cancel licences/registrations, including notice and an opportunity to make submissions, with an urgent suspension power where immediate risk exists (regs 39-43, 102-106). DGOs can require reports and the Chief Officer can request further information in application processes (regs 30, 93, 122). Public registers of licences and registrations are maintained (regs 47, 110).
Who it affects
Manufacturers and importers. They bear classification, labelling, packaging and SDS obligations. Specifically, a manufacturer or importer must determine whether goods are dangerous and classify them under the ADG Code, assign UN numbers and, where applicable, packing groups (reg 13A). They must prepare SDSs before supply (r. 18) and keep them current (r. 19). Where the Chief Officer has reasonable grounds to suspect incorrect classification, a manufacturer or importer can be directed to test or analyse goods and report results (r. 13B).
Suppliers and retailers. Suppliers must refuse to supply goods they reasonably suspect are improperly packaged or labelled, or if containers leak (r. 13). They must provide SDSs on first supply and on request to operators or persons working on sites or pipelines, with limited retail exceptions for consumer containers and small retail fuel supplies (r. 20, r. 14). Retailers supplying in purchaser‑provided containers have specific obligations to ensure container suitability (r. 14).
Operators of dangerous goods sites. Operators have the most extensive set of duties. If on site goods exceed manifest quantities, licensing obligations, risk assessments, emergency plans, placarding and manifest obligations arise (r. 25, r. 48, r. 75, r. 78, Sch 1). Operators must design, maintain and inspect storage and handling systems, provide fire control and other response equipment, manage segregation and prevent spills (regs 51-63, 73-76), provide training and keep records (regs 81-83).
Owners/operators of dangerous goods pipelines. Pipeline owners must register pipelines except for certain internal or small‑diameter pipelines (r. 88). They must ensure pipelines are designed and maintained to minimise risk, labelled, accessible for maintenance, have SDSs available and be decommissioned safely (regs 111-115). Registration and application processes require a project report or exemption if part of a major hazard facility (regs 89, 94).
Consignors, masters and berth operators in port areas. Part 8A imposes distinct duties. Consignors must ensure ADG/IMDG compliance and documentation for sea imports/exports and are criminalised for non‑compliance in some situations (r. 135D). Masters must carry an emergency plan onboard and consult the harbour master before entering a port area (r. 135E). Berth operators must have approved emergency plans, minimise time dangerous goods remain at berth and obey detailed handling protocols where explosion risk goods are involved (regs 135F, 135G, 135O). Specific rules and heavier penalties apply for explosion risk goods such as certain ammonium nitrate products (regs 135B, 135M).
Third parties and neighbours. The occupiers of adjacent premises may be entitled to information if risk would extend beyond site boundaries (r. 76A). Fire and emergency services are explicitly involved: site operators must prepare agreed FES emergency response guides in some cases and make them available to the nearest fire station (r. 76B). DGOs and officers of the FES Department have rights of access to manifests, site plans and SDSs (r. 78(4), r. 79).
Consultants, certifiers and engineers. The regulations require certificates from persons approved by the Chief Officer as part of licence and amendment applications (r. 26(3)-(4), r. 29(4B)). AS compliance or alternative measures often require records, warranties and specialist certification, for example in AS 4897 obligations for underground petroleum systems (r. 62).
Who pays. The measurable and immediate costs fall on private actors: manufacturers and importers must fund classification, testing and SDS preparation (regs 13A, 13B, 18-20); operators and owners pay licence/registration fees and annual fees (r. 26, r. 44A, Sch 5) and must finance design, containment, placarding, fire equipment, emergency planning and training (many regs in Part 4 and Sch 4). Port actors face specific fees and an application fee to declare special berths (r. 135I(2)(e)(v), fee $4,990). Where the Chief Officer requests further information or testing, costs to comply rest on the directed party (r. 30, r. 13B).
Regulatory actors and decision makers. The Chief Officer decides on licences, registrations, conditions and may require testing or analyses (regs 12A, 26-33, 39-43, 89-96). The FES Commissioner can approve alternative placard locations and agrees and receives emergency response guides (regs 68, 76B). DGOs enforce and may require reports (r. 122). The instrument thereby allocates both administrative power and enforcement responsibility across the Department, DGOs and the FES Department.
Key duties and rights
Manufacturers and importers: classification, packaging, labelling, SDS. Core duties are set out in reg 13A: determine whether goods are dangerous and, if so, classify them per the ADG Code and assign UN numbers and packing groups. They must ensure packaging and container labelling meet the ADG Code (r. 13C(1)) but inner labelling or stored goods labelling may comply with the GHS (r. 13C(2)-(3)). They must prepare an SDS before first supply and keep it current, revising as necessary or at least every five years (regs 18-19).
Supplier duties: SDS provision and safe supply. Suppliers must provide the current SDS on first supply and on request to site or pipeline operators or people engaged by them (r. 20). Suppliers must not supply goods where they reasonably suspect packaging or labelling is non‑compliant or the container will leak (r. 13).
Operator duties at sites: licences, risk assessment, control measures, placarding and emergency planning. If manifest quantities are exceeded, the site must be licensed (r. 25). Licence applications require a location plan, risk assessment, manifest and site plan and may be certified by a person approved by the Chief Officer (r. 26). Operators must prepare and record risk assessments (r. 48), implement containment and segregation measures (r. 51-52), ensure stability and impact protection (r. 53-54), control transfers and ignition sources (r. 55-56), maintain storage systems and inspection records (r. 58-61), provide fire control equipment and other response equipment (r. 73-74), and have emergency plans where manifest thresholds are exceeded (r. 75). Operators must maintain a manifest and site plan as specified in Schedule 3 and make them available to authorities (r. 78).
Pipeline duties: registration, design and maintenance, SDS. Owners/operators must register pipelines (r. 88-95) except for small internal pipelines, ensure design and maintenance for safe operation (r. 111), label or signpost pipelines (r. 112), ensure accessibility for maintenance (r. 113), obtain and make SDSs available (r. 114) and decommission safely (r. 115).
Port duties and consignor responsibilities. Part 8A assigns duties to consignors to ensure ADG/IMDG compliance and documented transport documents (r. 135D). Masters must have vessel emergency plans and consult harbour masters before entering port areas (r. 135E). Berth operators must provide and agree emergency plans with the harbour master (r. 135F), minimise the time dangerous goods are kept at berth (r. 135G) and, when explosion risk goods are handled, comply with special berth declarations and stringent operational controls (regs 135H-135P).
Chief Officer and enforcement rights. The Chief Officer may determine whether goods are dangerous and assign classification features (r. 12A), direct testing (r. 13B), refuse to decide licence/registration applications where major hazard facility safety reports are required or pending (r. 31, 94), impose conditions on licences/registrations (r. 33, 96), suspend or cancel licences/registrations with procedural safeguards and urgent suspension powers (regs 39-43, 102-106), and prohibit supply to non‑compliant places or pipelines (r. 15). DGOs may require written reports about incidents (r. 122) and are entitled to access documents such as manifests and SDSs (r. 78(4), r. 79(1)(c)).
Records and public access. The Chief Officer must keep public registers of licences and registrations (regs 47, 110) with specified information being publicly accessible (subregulations). Site manifests, plans and certain records must be kept on site and be accessible to DGOs and FES officers (r. 78(4)). Operators must retain inspection records and SDSs for specified periods (r. 61(1)(e), r. 62(7)).
Procedural protections. Licence/registration holders are given notice and opportunity to make submissions before suspension or cancellation, except in urgent cases where immediate suspension is allowed if waiting would create an unacceptable risk (regs 40-41, 103-104). The regulations also provide for surrender, replacement and transfer of licences and registrations (regs 28, 37, 100, 101).
Penalties and enforcement
Penalty structure established. The regulations set a graduated monetary penalty structure by reference to level 1, level 2 and level 3 fines and give explicit dollar values in regulation 4: level 1 fines are $10,000 for an individual and $50,000 for a body corporate; level 2 fines $5,000/$25,000; level 3 fines $1,000/$5,000. Many substantive offences carry these fines; a number also carry custodial penalties in the port context (for example regs 135E, 135F, 135G, 135M, 135N, 135O specify penalties including imprisonment for up to 10 months).
Specific enforcement measures and administrative penalties. For offences where the maximum is a level 2 or 3 fine, the regulations make them prescribed offences for infringement notice procedure under the Act s. 56(3), with a modified penalty set at 10% of the maximum fine (r. 140(1)). There is a table excluding certain offences from that scheme (r. 140(2)). The Chief Officer may suspend or cancel licences or registrations on specified grounds including convictions for dangerous goods offences, failure to pay fees, providing false information or non‑compliance (regs 39, 102). Urgent suspensions are permitted where waiting would create unacceptable risk (regs 41, 104).
Procedural obligations before suspension or cancellation. Where the Chief Officer proposes suspension or cancellation, regulation 40 requires written notice stating grounds, evidence, an opportunity to make written submissions and a minimum 28‑day submission period; the Chief Officer must then provide written reasons for decisions (r. 40). Similar procedural protections apply in the pipeline context (r. 103). Urgent suspension remains a distinct power with post‑action notice (r. 41).
Enforcement actors and information gathering. DGOs may require written reports about incidents (r. 122). The Chief Officer may request further information for licence or registration applications with a 21‑day response period, after which the application is taken to be withdrawn (r. 30, r. 93). A person must obey a direction given under reg 13B to analyse goods, and that direction may prohibit sale pending the report (r. 13B(4)(d)); failure is a level 1 fine. The regulations make it an offence to give materially false or misleading information in applications, reports or certificates, punishable by a level 1 fine and up to 10 months imprisonment (r. 139).
Record retention and document access. Operators must retain inspection, monitoring and testing records for specified periods and make those records available to the Chief Officer or DGOs on request (r. 61(1)(e)-(f), r. 62(7)-(8), r. 78(4), r. 79(1)(c)). Failure to retain or provide records attracts fines (see cited regs).
Targeted high‑risk offences and custodial penalties. Port‑related offences tied to handling explosion risk goods, and specified failures to provide chemical/analysis evidence for ammonium nitrate, attract both high monetary penalties and imprisonment (regs 135M, 135N, 135O). These are enforced against masters, consignors and berth operators as the regulations specify.
Enforcement incentives and costs. Enforcement is a cost to regulated entities in two ways: direct sanctions for non‑compliance, and compliance costs to avoid those sanctions. The Chief Officer’s power to require testing, to refuse licences pending safety reports when a site may be a major hazard facility and to prohibit supply into non‑compliant places or pipelines (regs 13B, 31, 94, 15) can create regulatory hold points that impose compliance, testing and delay costs on private actors.
How it interacts with other laws
Primary statutory context. These regulations operate under the Dangerous Goods Safety Act 2004 and repeatedly reference the Act for scope, reporting duties and enforcement alignment (the instrument notes the Act s. 13 licensing trigger, s. 9 reporting duty cross‑reference and s. 16 goods too dangerous to transport , see regs 25, 121, 11).
Cross‑references to codes and standards. The ADG Code is central: the definition of dangerous goods, classification, packing group, labels and transport document requirements refer to the ADG Code (regs 4, 8, 10, 13A, Sch 3). Sea transport and port obligations rely on the IMDG Code (r. 135D, 135N). The GHS is accepted as an alternative labelling regime in limited contexts for inner labelling and stored goods (r. 13C(2)-(3), r. 21(1)(aa)). Australian Standards are incorporated as technical requirements in a number of places, particularly AS 4897 for underground petroleum storage systems (r. 62) and AS 3846 in port berth risk assessment content (r. 135J).
Major Hazard Facility overlay. Where a site or pipeline is, or may be, a major hazard facility under the Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007, decision‑making under these regulations can be delayed or conditioned pending approved safety reports under that separate regime (regs 31, 94). The Chief Officer may refuse to decide licence or registration applications until the major hazard facility process is resolved.
Work health and safety and other exclusions. The regs exclude certain premises from application (reg 6). For example, goods in transit on public roads and railways are excluded, and some small quantities and specific items are excluded (reg 6(a)-(o), (l) lists retail and small quantity exceptions). The instrument also notes an exclusion for dangerous goods that are the property of the Australian Defence Force on Commonwealth land (reg 6(k)). There is an explicit exclusion for some dangerous goods at sites that are not “workplaces” within the Work Health and Safety Act 2020 (reg 6(l)).
Interplay with FES and firefighting functions. The FES Commissioner plays a statutory role in approving placements of HAZCHEM placards and in agreeing emergency response guides, and the fire service may be supplied with FES emergency response guides (regs 68, 76B, 73(6) , cross‑references to the Fire and Emergency Services Act 1998). Those interfaces allocate operational coordination responsibilities between the Department and the FES Department.
Evidence and admissibility. Reg 122(5) provides a narrow protection: a person is not excused from obeying a DGO’s notice on the ground that it tends to incriminate the person, but, except in corporate cases, information in the resulting report is not admissible in criminal proceedings except for proceedings about offence for failing to obey the notice or for offences under reg 139. That aligns with other statutory evidence protections.
Licensing and fees regimes. Licence and registration rules under these regulations coexist with fees and safety report requirements under the Major Hazard Facilities regulations. Where the latter applies, fees under that regime preclude certain fees here (r. 26(2)(e), r. 29(4A), r. 44A(2)). Schedule 5 and r. 44A provide the fee structure and annual fee mechanics for site licences.
Transitional and savings. Schedule 6 contains transitional provisions that preserve prior licences and approvals for set periods, permit staged compliance (for example for spill containment and port licensing deferrals), and deem prior special risk plans and emergency plans as compliant for set periods (Sch 6).
Amendment history
Statutory lifecycle and major updates. The regulations were first made in 2007 (Gazette 31 Dec 2007), with staged commencement for Part 5 Division 1 delayed by 12 months (reg 2). The compilation table and marginal notes record successive amendments up to 2025 (Compilation table). Key reform episodes include the 2012 Amendment Regulations that inserted updated placarding and other changes (16 Mar 2012); the 2013 Amendment Regulations that introduced Part 8A on dangerous goods in ports and other significant provisions (2 Dec 2013); and later updates in 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 2025 adjusting fees, references to standards, and other operational elements (Compilation table).
Notable inserted provisions. Part 8A (dangerous goods in ports) was inserted in 2013 and carries a complex scheme for consignors, masters and berth operators (regs 134-135P). Regulation 13A (duties of manufacturer and importer as to classification of goods) was inserted as recently as 2017 (reg 13A inserted Gazette 3 Mar 2017). Regulation 62 on underground storage systems references and mandates compliance with AS 4897 and was substantially developed in the 2012-2017 amendment cycle (reg 62 amended Gazette 16 Mar 2012; further amendments in 2017 and later).
Standards and references updated. The definitions and incorporations clause (reg 4) records multiple amendments extending acceptable versions of GHS and standards references. The instrument has been routinely amended to reflect updated Australian Standards, fee adjustments and procedural improvements (see bracketed amendment notes after reg 4 and in the Compilation table).
Fee adjustments and administrative updates. Schedule 5 and r. 44A show successive changes to annual fees and the late payment arrangements over time (see multiple Gazette entries 2015-2025 in the Compilation table).
Transitional and savings. Schedule 6 contains start‑up transitional measures that governed the conversion of prior licences and approvals from the repealed 1992 regulations, and later transitional rules to manage the repeal of Goods in Ports regulations and the staged application of port rules (Sch 6, cl. 2-12).
How to read amendment notes. The regulations include marginal amendment notes after many clauses, and the compilation table at the end lists the instruments, Gazette dates and commencement dates. When applying or advising, check the compilation table for the latest reprint and commencement of amendments (Compilation table).
Litigation history
The legislation text supplied contains no judicial decisions, reported litigation, or references to case law. The source does not name any cases or judicial interpretations. Thus there is no litigation history recorded within this instrument to draw upon for statutory interpretation or administrative law precedent. Users and advisers should therefore treat the regulations as an administrative and technical compliance instrument whose judicial exposition has not been provided in the source material supplied.
Gotchas
Definitions that change duties and thresholds. The regulations’ definitions materially affect when duties arise. “Dangerous goods” is defined by reference to the ADG Code plus combustible liquids, but several classes are excluded (Class 1 explosives, Division 6.2 infectious substances, Class 7 radioactive materials) and certain items are expressly excluded or treated differently, such as sulphur which is explicitly included despite a Special Provision exclusion in the ADG Code (reg 8(4)-(7)). The “bulk” test in r. 9A (container >500 L or >500 kg or undivided >500 kg) directly affects whether IBC, bulk or packaged rules apply, and that in turn shifts placarding/manifest/licensing triggers (Sch 1; regs 9A, 12).
Labelling and GHS subtleties. The regulations allow some labelling to comply with the GHS instead of ADG Code labelling in specified circumstances: a manufacturer/importer storing goods can comply with the GHS for stored goods labelling (r. 13C(2)), and inner labelling for supplied goods can comply with the GHS (r. 13C(3)). However the labelling exceptions are constrained and do not displace ADG Code requirements in general; operators must still ensure container labelling and site identification meet ADG Code or GHS as specified (r. 21(1)(a), (aa)).
Licence triggers and exemptions. Section 25 contains nuanced exceptions to the licensing requirement: multiple separated storage areas each below manifest quantities can avoid licensing if certain separations and constructions apply (r. 25(2)). Temporary storage for up to six months with quantities up to three times manifest quantity can avoid licensing if notified and managed with a risk assessment and Chief Officer directions (r. 25(3)). Those carveouts impose operational obligations but also create pathways that may be overlooked, and failure to meet the specific listed conditions triggers licence obligations.
Chief Officer discretion and hold points. The Chief Officer’s power to determine classification and to direct testing under r. 12A and r. 13B creates regulatory hold points where testing or reclassification can delay supply or licensed activity. Reg 13B(4)(d) permits directions to prohibit sale until the Chief Officer receives the test report. That can generate immediate commercial stoppage risk if goods’ classification is in dispute.
Port rules and criminal exposure. Part 8A contains several offences that carry both a level 1 fine and imprisonment for up to 10 months for events related to importing, handling and moving explosion risk goods and for failures to provide required evidence for ammonium nitrate (regs 135E, 135F, 135G, 135H, 135M, 135N, 135O). The definition of consignor (r. 135A) can capture parties who have authority in transport documents or who exercise possession or control immediately prior to transport, broadening who may be criminally liable.
SDS timing and scope. Manufacturers/importers must prepare SDSs before first supply (r. 18) and revise at least every five years or sooner as necessary (r. 19). Reliance on a five‑year review clock without considering triggers for earlier revision (e.g. new hazard data, composition changes) may leave SDSs out of date and expose suppliers and operators to offences under regs 19 and 20.
Record keeping and documentary traps. Operators must retain inspection and monitoring records for specified periods (r. 61(1)(e), r. 62(7)-(8) referencing AS 4897 records), keep manifests and site plans on site and update them within seven days of significant change (r. 78). Failure to preserve or make these documents available to the Chief Officer or DGOs attracts fines and can lead to licence suspension if information provided in applications is materially incorrect (r. 44, r. 39).
Alternative measures and approval risk. The regulations permit compliance through “alternative safety measures” that result in an equal or lower level of risk than the primary Australian Standard requirement, but only if the person makes a written record explaining why the alternative achieves equal or lower risk, and provides that record to a DGO on request (r. 62(3)-(5), r. 133(3)-(5)). Failure to demonstrate equivalence may be taken as contravention of the regulations (r. 62(6), r. 133(6)).
Fee timing and late payments. Licence annual fees must be paid by the due date or within a three‑month grace period with a late payment fee of $41 (r. 44A). A licence holder failing to pay annual fees risks grounds for suspension (r. 39(2)(b)).
Infringement notice applicability. The modified penalty regime applies to most level 2 and 3 fines (r. 140(1)-(2)), but specific offences are excluded; advisers should check whether a given contravention is eligible for an infringement notice or only prosecutions.
How to comply
Practical compliance checklist for manufacturers and importers
Classification and labelling: Before supply, classify goods under the ADG Code, assign UN number and packing group where applicable (reg 13A). Document classification decisions and retain any test data or expert determinations. If there is doubt, the Chief Officer can direct testing; be ready to comply with r. 13B directions promptly.
SDS preparation and maintenance: Prepare an SDS before first supply (r. 18), maintain a revision log, and review or revise at least every five years or earlier if new hazard information arises (r. 19). Make the current SDS available to customers on first supply and on request to operators and persons working on sites/pipelines (r. 20).
Packaging: Ensure packaging and container labelling comply with the ADG Code, or for inner labels in specified contexts with the GHS (r. 13C). Retain records of supplier checks and certificates where relevant (r. 26(3)-(4)).
Practical compliance checklist for suppliers and retailers
SDS delivery: Provide the current SDS on first supply and respond to SDS requests from operators and pipeline operators promptly (r. 20). Retailers supplying in purchaser containers must ensure container suitability, labelling and size limits (r. 14).
Refuse unsafe supply: Do not supply if you have reasonable grounds to suspect packaging, labelling or container integrity is non‑compliant or leaking (r. 13). Keep documenting the basis for “reasonable grounds” decisions.
Practical compliance checklist for site operators
Licence and registration: Determine whether manifest quantities are exceeded (Sch 1 and reg 25). If licensing is required, prepare the application in approved form with location plan, risk assessment, manifest and site plan and pay the fee (r. 26). Use an approved certifier if appropriate to speed decision (r. 26(3)-(4)). Maintain licence conditions and pay annual fees per r. 44A and Sch 5.
Risk assessment and records: Prepare a risk assessment that identifies hazards, assesses probability and harm, and documents risk control measures with reasoning as required (r. 48, r. 48(2A)). Keep records of reviews and make copies available to the Chief Officer on request (r. 49). Review risk assessment after significant change, reportable situations, or at intervals not exceeding five years (r. 48(3)).
Containment, plant integrity and inspection: Provide spill containment for non‑Class 2 goods (r. 51), design and maintain storage and handling systems in accordance with referenced standards (r. 58, r. 61), inspect containers and retain inspection records for as long as the container is in service and provide them on operator transfer (r. 61(1)(d)-(f)). For underground petroleum systems follow AS 4897 or document equivalent measures with justification (r. 62).
Placarding and manifest: Determine placarding and manifest thresholds under Schedule 1 (Sch 1). Display HAZCHEM outer warning placards at entrances (r. 68) and bulk or packaged goods placards as required (regs 69-70, Sch 4). Maintain manifest and site plan per Schedule 3 and update within seven days of significant change (r. 78, Sch 3). Keep manifests and site plans on site and available to DGOs and FES officers (r. 78(4)).
Emergency planning and equipment: If manifest thresholds are exceeded, prepare an emergency plan (r. 75) and an agreed FES emergency response guide where quantities exceed 10 times manifest quantity (r. 76B). Provide adequate fire control equipment and keep it operational per r. 73, and maintain other risk control equipment identified in the risk assessment (r. 74).
Training and supervision: Provide induction and training appropriate to role and language, maintain training records for at least five years and make them available to DGOs (r. 81). Ensure employees have access to risk assessments and emergency plans and are consulted (regs 82-83).
Incident response and reporting: Respond immediately to dangerous goods incidents, contain spills and limit exposure, ensure only essential personnel remain near the incident and investigate and record incidents, making records available to the Chief Officer (regs 118-120). Reportable situations are specified in r. 121 and must be reported under the Act s. 9 as amplified by the Schedule. Be prepared to comply with DGO notices for post‑incident reports (r. 122).
Practical compliance checklist for pipeline owners/operators
Registration and submissions: Register pipelines that leave or enter non‑licensed sites subject to exceptions (r. 88), make applications in approved form and supply a written report demonstrating safe operation (r. 89). If the pipeline is part of a major hazard facility, expect safety report cross‑checks (r. 94).
Design and access: Design and maintain pipelines for safe operation, ensure accessibility for examination and maintenance and label/signpost pipelines (regs 111-113). Obtain and keep SDSs for conveyed goods, readily accessible to workers and FES or DGO officers (r. 114). Decommission pipelines in a way that leaves them free from dangerous goods or otherwise safe (r. 115).
Practical compliance checklist for port actors, consignors, masters and berth operators
Documentation and packaging compliance: Ensure sea imports from within Australia are ADG or IMDG compliant and accompanied by designated ADG or IMDG documents as required; imports from outside Australia must be IMDG compliant and accompanied by designated IMDG documents (r. 135D). The consignor definition (r. 135A) is broad; consignors must confirm documentation and control arrangements.
Special berths and explosion risk goods: If handling explosion risk goods consult Part 8A. Large consignments (thresholds in r. 135H and Sch 6) may require handling only at declared special berths with an approved risk assessment and implementation plan (r. 135I-135K). For ammonium nitrate (UN 1942 and 2067) obtain and carry the tests and analytical evidence required in r. 135M.
Emergency planning and minimisation of time at berth: Masters must carry vessel emergency plans and consult harbour masters (r. 135E). Berth operators must minimise time goods remain at berth (r. 135G), and where required have agreed emergency plans approved by the harbour master (r. 135F). Berth operators handling explosion risk goods must follow special berth declaration requirements and strict operational controls (r. 135O).
Administrative practice and engagement with the Chief Officer
Use approved forms and provide certificates where permitted to expedite licence and amendment processes (r. 26(2)-(4), r. 29(3)-(4B)). Respond to Chief Officer requests for information within 21 days or seek extensions, otherwise the application may be taken to be withdrawn (r. 30, r. 93).
Where alternative safety measures are proposed, document fully why the alternative yields equal or lower risk and be ready to supply that justification to a DGO (r. 62(3)-(5)).
Keep registers and records up to date and available: licence/registration registers are public (regs 47, 110) and manifest/site plan/SDS records must be available to DGOs and FES officers (r. 78, r. 79).
Final practical note. Implementing compliance requires a project plan that maps goods and quantities against Schedule 1 thresholds, assigns responsible persons for classification and SDS duty, schedules SDS review cycles and inspection regimes, and integrates emergency planning with the nearest FES station. Where classification or major hazard facility status is in doubt, seek early engagement with the Chief Officer to avoid application delays or supply prohibition directions (regs 12A, 13B, 31, 94, 15).
Safe storage and handling information not in SDS to be provided 28
Medical practitioners, providing information to 28
Part 4 — Dangerous goods sites
Division 1 — Licensing of dangerous goods sites
Subdivision 1 — Preliminary matters
Terms used 29
Subdivision 2 — General matters
Certain sites to be licensed (Act s. 13) 29
Licence, applying for 32
Licence, renewal of 33
Transfer of licence, applying for 34
Amending licence 34
Chief Officer may request further information 37
Licence for site that is or may be major hazard facility 37
Grant of licence application 38
Conditions of licence 38
Duration of licence 39
Form of licence 40
Licence valid according to its terms 40
Licence, surrender of 40
Lost etc. licence, replacement of 40
Subdivision 3 — Suspending and cancelling licences
Grounds for suspending or cancelling 41
Procedure for suspending or cancelling 41
Suspension in urgent circumstances 42
Licence to be returned on suspension etc. 43
Suspension may be terminated 43
Subdivision 4 — Duties of licence holders
44A. Annual fees for licence 43
Wrong information, duty to correct 44
Licence holder charged with or convicted of dangerous goods offence to notify Chief Officer 44
Condition of licence, contravening 45
Subdivision 5 — Miscellaneous matters
Register of licences 45
48A. Refunds of fees if licence surrendered etc. 46
Division 2 — Risk assessment and control
Subdivision 1 — Risk assessment
Risk assessment, requirements as to 46
Record of r. 48 assessment 47
Subdivision 2 — Risk control measures in relation to dangerous goods
Spills and leaks, containment and clean up of 47
Segregation of dangerous goods 48
Stability of dangerous goods, requirements for 48
Dangerous goods to be protected from impact 49
Transferring dangerous goods, requirements for 49
Ignition sources in hazardous areas, requirements as to 49
Hazardous atmosphere, requirements as to 49
Storage and handling systems, design etc. of 50
Packaged dangerous goods etc., requirements as to delivery of etc. 51
Pipework containing dangerous goods, labelling of 52
Bulk dangerous goods not in IBCs, requirements as to 52
Underground storage or handling systems for Class 3 dangerous goods and petroleum products, requirements for 53
Decommissioned storage or handling systems to be cleaned etc. 56
Lighting requirements 57
Entrances and exits to be clear 57
Security requirements 57
Fire hazards, requirements as to 57
Subdivision 3 — Placards
HAZCHEM placards, when and where required 58
Dangerous goods stored in bulk, signs at sites of 58
Dangerous goods stored in packages or IBCs, signs at sites of 60
Signs to be properly displayed at sites 61
Placards, revision of 62
Subdivision 4 — Emergency management and planning
Fire control equipment required on site 62
Other risk control equipment, requirements for 64
Emergency plan required for some sites 65
76A. Information for occupier of site adjacent to dangerous goods site 66
76B. FES emergency response guide required for some sites 67
Dangerous goods incidents, containment of 69
Subdivision 5 — Records
Manifest and dangerous goods site plan, requirements as to 69
Requirements as to SDS for dangerous goods 70
Subdivision 6 — Duties relating to persons at a dangerous goods site
Persons under 15 on sites 71
Training, supervision etc. of people involved with dangerous goods 71
Copies of risk assessment and emergency plan to be available to employees 73
Consultation with employees about risk assessment etc. 73
Visitors, supervision of etc. 73
General duties of people other than operator of site 73
Damaging etc. storage or handling system, offence 74
Part 5 — Dangerous goods pipelines
Division 1 — Registration of dangerous goods pipelines
Subdivision 1 — Preliminary matters
Terms used 75
Subdivision 2 — General matters
Some pipelines to be registered 75
Registration, applying for 76
Registration, renewal of 76
Transfer of registration, applying for 77
Amending registration 77
Chief Officer may request further information 78
Registration of pipeline connected to or part of major hazard facility 79
Grant of registration application 80
Conditions of registration 80
Duration of registration 80
Form of registration 81
Registration valid according to its terms 81
Registration, surrender of 82
Lost etc. registration documents, replacement of 82
Subdivision 3 — Suspending and cancelling registrations
Grounds for suspending or cancelling 82
Procedure for suspending or cancelling 83
Suspension in urgent circumstances 84
Registration to be returned on suspension etc. 84
Suspension may be terminated 84
Subdivision 4 — Duties of registration holders
Wrong information, duty to correct 85
Registration holder charged with or convicted of dangerous goods offence to notify Chief Officer 85
Condition of registration, contravening 85
Subdivision 5 — Miscellaneous matters
Register of registrations 86
Division 2 — Risk control
Pipelines to be designed etc. to reduce risk from dangerous goods 86
Labels or signposts for pipelines 87
Pipelines to be accessible for examination and maintenance 87
Requirements as to SDS for goods in pipeline 87
Decommissioned pipelines to be cleaned etc. 88
Damaging etc. pipeline, offence 88
Part 6 — Dangerous goods incidents at dangerous goods sites and dangerous goods pipelines
Dangerous goods incidents, response required to 89
Affected persons to be advised of dangerous goods incident 89
Investigating and recording dangerous goods incidents 90
Reportable situations prescribed (Act s. 9) 90
Reports about dangerous goods incidents 91
Part 7 — Rural dangerous goods locations or small quantity dangerous goods locations
Division 1 — Provisions relating to rural dangerous goods locations and small quantity dangerous goods locations
Spill or leak to be cleaned up 93
Segregation of dangerous goods 93
Dangerous goods to be protected from impact 93
Ignition sources in hazardous areas, requirements as to 93
Packaged dangerous goods, requirements as to delivery of etc. 94
Decommissioned storage or handling systems to be cleaned etc. 95
Personal protective equipment etc., provision etc. of 95
Security of locations 96
Requirements as to SDS for dangerous goods 96
Training, supervision etc. of people involved with dangerous goods 97
Division 2 — Provisions relating only to rural dangerous goods locations
Underground storage or handling systems for Class 3 dangerous goods and petroleum products, requirements for 98
Part 8A — Dangerous goods in ports
Division 1 — Preliminary matters
Terms used 102
135A. Meaning of consignor 103
135B. Meaning of explosion risk goods 104
Division 2 — Non‑explosives in port areas
135C. Application of this Division 105
135D. Packaging and documentation requirements for non‑explosives 106
135E. Master’s duties as to emergency plan for vessel 108
135F. Berth operator’s duties as to emergency plan for berth 108
135G. Berth operator’s duty to minimise time dangerous goods kept at berth 109
Division 3 — Explosion risk goods in port areas
135H. When special berth (non‑explosives) required 109
135I. Applying for declaration of special berth (non‑explosives) 110
135J. Content of risk assessment and implementation plan 111
135K. Dealing with application under r. 135I 112
135L. Explosion risk goods not to be in loose form 114
135M. Ammonium nitrate (UN 1942 and 2067) not to be imported, consigned or handled without evidence of analysis and testing 115
135N. Master’s duties 116
135O. Berth operator’s duties 117
135P. Berth operator to give Chief Officer report after handling explosion risk goods 120
Part 8 — Miscellaneous
Storage or handling systems and pipelines, duties of manufacturers etc. of 122
Flammable liquids, filling of tanks etc. with 122
Storage of Class 3 or combustible liquids in vehicles 123
False or misleading information, offence 123
Infringement notices, offences and modified penalties (Act s. 56(3)) 124
Savings and transitional (Sch. 6) 124
Schedule 1 — Quantities of dangerous goods
Schedule 3 — Manifest and dangerous goods site plan
Division 1 — General
Term used: storage location 127
Division 2 — Manifest
General information in manifest 127
Emergency contacts in manifest 127
Dangerous goods at site, information in manifest about 127
Bulk dangerous goods not in IBCs and certain other dangerous goods, information in manifest about 128
Packaged dangerous goods etc., information in manifest about 128
Dangerous goods in manufacture or process, information in manifest about 130
Dangerous goods in transit, information about for cl. 4, 5 and 6 130
Division 3 — Dangerous goods site plan
General information in plan 130
Other information in plan 131
Schedule 4 — Placarding requirements
Figures referred to in Sch. 4 133
Outer warning placard (r. 68) 136
Placard for dangerous goods in bulk that are not goods too dangerous to transport or combustible liquids (r. 69) 136
Placard for dangerous goods in bulk that are goods too dangerous to transport (r. 69) 137
Placard for packaged dangerous goods (r. 70) 137
Placard for combustible liquids (in bulk or in containers) (r. 69 and 70) 138
Schedule 5 — Fees
Division 1 — Fees for grant, renewal or amendment of licence for dangerous goods site
Interpretation 139
Annual fee for Part 4 licence 139
Schedule 6 — Savings and transitional provisions
Division 1 — Provisions relating to the commencement of these regulations
Terms used 141
Dangerous goods sites 141
Dangerous goods pipelines 141
Spill containment 142
Division 2 — Provisions relating to Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2012
Placards about combustible liquids 142
Division 3 — Provisions relating to Dangerous Goods Safety (Storage and Handling of Non‑explosives) Amendment Regulations 2013
Term used: commencement day 143
Emergency plans 143
Special risk plans deemed FES emergency response guides 143
Deferral of licensing requirement for unlicensed dangerous goods site in port area 143
Division 4 — Provisions relating to Dangerous Goods Safety (Goods in Ports) Repeal Regulations 2013
Term used: commencement day 144
Special berth declarations 144
Application of Part 8A to certain cargoes 144
Notes
Compilation table 146
Other notes 148
Defined terms
Dangerous Goods Safety Act 2004
Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007
Part 1 — Preliminary
1. Citation
These regulations are the *Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007*.
2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations except Part 5 Division 1 — on the day on which the Dangerous Goods Safety Act 2004 comes into operation;
(c) Part 5 Division 1 — on the day 12 months after the day on which the Dangerous Goods Safety Act 2004 comes into operation.
[3. Deleted: Gazette 2 Dec 2013 p. 5521.]
4. Terms used
In these regulations, unless the contrary intention appears —
ADG Code has the meaning given in the Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007 regulation 4;
approved form means a form approved by the Chief Officer;
AS, followed by a designation, refers to the Australian Standard having that designation that is published by Standards Australia, as amended from time to time;
AS/NZS, followed by a designation, refers to the Australian/New Zealand Standard having that designation that is published jointly by Standards Australia and Standards New Zealand, as amended from time to time;
bulk, in relation to dangerous goods, has the meaning given by regulation 9A;
capacity means the internal volume, expressed in litres, of a container at 15°C;
class, in relation to dangerous goods, means the class number the goods have under the ADG Code;
class label means a label of a type specified in the ADG Code for the class of dangerous goods;
combustible liquid means a liquid that is not a Class 3 dangerous good that has —
(a) a flashpoint that is no higher than 93°C; and
(b) a fire point, as defined in AS 1940, that is less than the boiling point;
compatible, in relation to 2 or more substances or items, means that they will not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, corrosive or toxic vapours;
consumer container means a container that is intended for retail display and sale and includes anything in which a number of such identical containers are transported or distributed;
current SDS means the most recent SDS that, if applicable, has been reviewed and revised in accordance with regulation 19;
dangerous goods has the meaning given to that term in regulation 8;
dangerous goods in transit means dangerous goods that —
(a) are supplied to a dangerous goods site in containers that are not opened at the site; and
(b) are not used at the site; and
(c) are kept at the site for a period of not more than 5 consecutive days;
dangerous goods offence means any of the following —
(a) an offence against the Act, these regulations or any other regulations made under the Act;
(b) an offence against a law of another place that substantially corresponds to the Act or the regulations made under it;
(c) an offence against the law of this State or another place an element of which is the storage and handling of dangerous goods;
dangerous goods pipeline means a pipeline that is or is intended to be used to convey dangerous goods;
dangerous goods site does not i
This is an opening excerpt, not the complete document.