Subdiv 2Approvals

Subdivision 2—Approvals 170—Approvals (1) Tests and training courses for drivers The following provisions apply to an approval for the purposes of Part 3: (a) the Competent Authority may, on application, approve— (i) a test of competence for drivers of road vehicles transporting dangerous goods; or (ii) a training course for drivers of road vehicles transporting dangerous goods; (b) the Competent Authority may approve a test of competence or a training course only if the Authority considers that a person who passes the test, or completes the course, will have the skills and knowledge to perform the task to which the test or course relates safely and in accordance with these regulations. (2) Insurance—exemption from Part 4 Division 1 The following provisions apply to an approval for the use of a vehicle for the purposes of Part 4 Division 1: (a) the owner of a road vehicle used to transport placard loads, or a prime contractor responsible for the condition of the vehicle, may make an application to the Competent Authority for approval to use the vehicle even if the vehicle is not covered by a policy of insurance or other form of indemnity in accordance with Part 4 Division 1; (b) if the Competent Authority is satisfied that the owner or prime contractor is adequately capable of self insurance for the purposes of Part 4 Division 1, the Competent Authority may give written approval for the use of the vehicle; (c) an approval under paragraph (b) may be given by the Competent Authority— (i) for a single use or for a period not longer than 3 years; and (ii) subject to any other condition. (3) Packaging design The following provisions apply to an approval of a design for packaging for the purposes of Part 5: (a) the Competent Authority may, on application, approve a design for a packaging for use in the transport of dangerous goods if satisfied that a packaging of that design— (i) will comply with, or is permitted by, Part 6 of the ADG Code; and (ii) satisfies all the relevant testing and inspection requirements set out in that Part; (b) in giving approval, the Competent Authority may impose in relation to the approval any condition about the construction, packing, use or maintenance of a packaging manufactured in accordance with the design necessary for the safe use of the packaging to transport dangerous goods; (c) for the purposes of determining an application for the approval of a design for packaging, the following provisions apply: (i) the Competent Authority may rely on a certificate issued by a recognised testing facility certifying that a packaging design type has passed particular performance tests for particular dangerous goods; (ii) if a performance test is conducted by a testing facility registered by NATA, any certificate or report of the test must— (A) contain any details required under the relevant Chapter of Part 6 of the ADG Code; and (B) be in the appropriate form used by NATA registered testing facilities; (iii) if a performance test is conducted in Australia by a recognised testing facility that is not registered by NATA— (A) the test must be observed by or for the Competent Authority; and (B) any certificate or report of the test must contain any details required under the relevant Chapter of Part 6 of the ADG Code; (iv) the following testing facilities are recognised testing facilities for a packaging design type: (A) a testing facility registered by NATA to conduct performance tests under Part 6 of the ADG Code for the packaging design type; (B) if NATA has not registered a testing facility to conduct performance tests of that kind—a testing facility in Australia capable of conducting the tests; (C) a facility in a foreign country approved by a public authority of the country to conduct performance tests of that kind. (4) Method of preparing overpack and contents—exemption from section 5.1.2 of ADG Code The following provisions apply to an approval of a method of preparing an overpack and its contents for the purposes of Part 5: (a) the Competent Authority may, on application, approve a method of preparing an overpack and its contents for transporting dangerous goods that does not comply with section 5.1.2 of the ADG Code if the Authority considers that the risk of personal injury, property damage or environmental harm involved in using the method is not greater than the risk involved in using a method complying with the section; (b) in giving approval, the Competent Authority may impose in relation to the approval any condition about the use of the overpack necessary for the safe use of the overpack to transport dangerous goods. (5) Segregation devices The following provisions apply to an approval of a design for a Type II segregation device for the purposes of Part 10: (a) the Competent Authority may, on application, approve a design for a Type II segregation device if the design complies with Chapter 6.11 of the ADG Code; (b) the approval of the design may be subject to any condition necessary for the safe transport of dangerous goods. (6) Methods of segregation—exemption from Part 9 of ADG Code The following provisions apply to an approval of a method of segregation for the purposes of Part 10: (a) the Competent Authority may approve a method of segregation not complying with Part 9 of the ADG Code for transporting dangerous goods and incompatible goods, if the Authority considers that— (i) it is impracticable to segregate the goods by a segregation device, or method of segregation, complying with that Part; and (ii) the risk of personal injury, property damage or environmental harm involved in using the method to transport the goods is not greater than the risk involved in using a device or method complying with that Part to transport the goods; (b) the approval of the method may be subject to any condition necessary for the safe transport of dangerous goods. (7) Emergency information—exemption from Chapter 11.2 of ADG Code The following provisions apply to an approval of emergency information for the purposes of Part 12 Division 2: The Competent Authority may, on application, approve emergency information that does not comply with Chapter 11.2 of the ADG Code if the Authority considers that use of the information would be as accurate, and at least as convenient and efficient, as information that complies with the Chapter. 171—Corresponding approvals (1) This regulation applies to an approval given in another participating jurisdiction if— (a) the approval is given under a provision of the law of the other jurisdiction corresponding to regulation 170; and (b) the approval has effect in the other jurisdiction; and (c) CAP has decided that the approval should have effect in all participating jurisdictions or participating jurisdictions including this State, and CAP has not reversed the decision. (2) The approval has effect in this State as if it were an approval given by the Competent Authority under regulation 170.