Dangerous Substances (Dangerous Goods Transport) Regulations 2023
Div 2Key concepts
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Division 2—Key concepts 12—Dangerous goods Goods are dangerous goods if— (a) the goods satisfy the criteria set out, or referred to, in Part 2 of the ADG Code for classifying goods as dangerous goods; or (b) a determination under regulation 168 that the goods are dangerous goods is in effect. 13—Goods too dangerous to transport (1) Dangerous goods are too dangerous to transport if they are— (a) goods for which a determination under regulation 168 that the goods are too dangerous to be transported is in effect; or (b) goods named or described in Appendix A to the ADG Code; or (c) goods that are so sensitive or unstable that they cannot be safely transported even if the relevant requirements of these regulations and the ADG Code are complied with. (2) However, goods that satisfy the criteria set out, or referred to, in Part 2 of the ADG Code are not dangerous goods if— (a) the goods are determined under section 1.5.1(1)(a) of the ADG Code not to be dangerous goods; or (b) the goods are described as not subject to the ADG Code in a special provision in Chapter 3.3 of the ADG Code that is applied to the goods by column 6 of the Dangerous Goods List, and any condition included in that provision is met. 14—UN Classes, Divisions and Categories (1) The UN Class or UN Division of particular goods is— (a) if a determination under regulation 168 that the goods are of a particular UN Class or UN Division is in effect—the Class or Division specified in the determination; or (b) if no such determination is in effect—the Class or Division determined for the goods in accordance with the ADG Code. Notes— 1 Under the UN classification system there are 9 Classes of dangerous goods. Under that system some Classes are further divided into Divisions. 2 Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their UN Class or Division is that listed in column 2 of that list opposite the name and description of those goods, unless Chapter 3.3 of the Code provides for those goods to be assigned to a different UN Class or Division. (2) The UN Category of Division 6.2 (infectious substances) is the Category determined for the goods in accordance with the ADG Code. 15—Subsidiary Hazard The Subsidiary Hazard, if any, of particular dangerous goods is— (a) if a determination under regulation 168 that the goods have a particular Subsidiary Hazard is in effect—the Subsidiary Hazard specified in the determination; or (b) if no such determination is in effect—the Subsidiary Hazard determined for the goods in accordance with the ADG Code. Dangerous goods that are able to be assigned to more than 1 UN Class or Division are assigned a Subsidiary Hazard. This Subsidiary Hazard is the other UN Class/es or Division/s to which the goods also belong. Under the ADG Code, if particular dangerous goods are listed in the Dangerous Goods List, their Subsidiary Hazard is that listed in column 4 of that list opposite the name and description of those goods, unless Chapter 3.3 of the Code provides for those goods to be assigned a different Subsidiary Hazard. 16—Packing Groups The Packing Group, if any, of particular dangerous goods is— (a) if a determination under regulation 168 that the goods are of a particular Packing Group is in effect—the Packing Group specified in the determination; or (b) if no such determination is in effect—the Packing Group determined for the goods in accordance with the ADG Code. The assignment of particular dangerous goods to a Packing Group indicates the degree of danger, and the level of containment required for, the goods. The Packing Groups, and the degree of danger they indicate are— Packing Group I (substances presenting high danger); Packing Group II (substances presenting medium danger); Packing Group III (substances presenting low danger). The Packing Group of a substance can be determined from the Dangerous Goods List, although in some cases it is also necessary to refer to Chapter 3.3 of the ADG Code (the List identifies those cases). 17—Incompatibility (1) Dangerous or other goods are incompatible with dangerous goods if— (a) the goods are incompatible with the dangerous goods under Chapter 9.1 of the ADG Code; or (b) the goods are determined under regulation 168 to be incompatible with the dangerous goods; or (c) when the goods are mixed, or otherwise brought into contact, with the dangerous goods, the goods are likely to interact with the dangerous goods and increase risk of personal injury, property damage or environmental harm because of the interaction; or (d) should a vehicle transporting both the goods and the dangerous goods be involved in an incident resulting in a dangerous situation, the situation would be substantially more serious because the goods and the dangerous goods are being transported together. Example— Flammable material is incompatible with an oxidising agent because of the substantial increase in risk in the event of a fire (whether or not the flammable material is likely to interact with the oxidising agent and increase risk of personal injury, property damage or environmental harm because of the interaction). (2) Packaging or equipment for use in the transport of dangerous goods is incompatible with the goods if any component of the packaging or equipment that is intended or likely to come into contact with the goods during transport— (a) is likely to interact with the goods and increase risk of personal injury, property damage or environmental harm because of the interaction; and (b) is not protected from contact under foreseeable circumstances by a protective coating or other effective means.