1Dangerous Substances (General) Regulations 2017

South Australia Dangerous Substances (General) Regulations 2017 under the Dangerous Substances Act 1979

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Dangerous goods Part 2—Licences and permits 5 Application for licence to keep prescribed dangerous substances 6 Application for permit to carry out gas fitting work Part 3—General requirements 7 Accidents 8 Duties of employers and employees Part 4—Keeping prescribed dangerous substances: Class 2 9 Declaration as to liquefied petroleum gas 10 Quality and odour 11 Keeping 12 Compliance with standard 13 Cylinders and tanks 14 Design 15 Filling, testing and maintenance 16 Vehicles 17 Labels 18 Repairs or alterations Part 5—Keeping prescribed dangerous substances: Class 3 19 Declaration as to dangerous substances—Class 3 20 Application of Part 21 Interpretation 22 Keeping 23 Compliance with standard 24 Installation of tank 25 Records 26 Construction of package store 27 Prescribed standard 28 Ullage 29 Tank design 30 Notice of manufacture etc 31 Use of tank 32 Repairs or alterations 33 Labels 34 Markings Part 6—Prescribed dangerous substances: Class 6 and Class 8 Division 1—Preliminary 35 Preliminary Division 2—Licences to keep 36 Declaration—prescribed dangerous substances 37 Quantity that may be kept without a licence Division 3—Storage 38 Application of Division 39 Storage where licence required 40 Storage where licence not required 41 Consumption of food or drink in storage area Division 4—Miscellaneous dealings 42 Packaging 43 Identification of pipes 44 Maintenance of tank, pipe etc 45 Discharge into sewer etc Part 7—Gas fitting work 46 Gas fitting work 47 Gas fitting work not to be carried out without permit 48 Granting of permits by Competent Authority 49 Conditions of permits 50 Age qualification 51 Grant of permit 52 Lost permits 53 Requirement to produce permit 54 Suspension or revocation of permit 55 Certificates of compliance and compliance plates 56 Damaged installations Part 8—Pipelines 57 Prescribed requirements Part 9—Miscellaneous 58 Identification cards 59 Notices Schedule 1—Forms Part 1—Application for licence Part 2—Application for permit Part 3—Certificate of compliance Part 4—Compliance plate Schedule 2—Filling instructions Schedule 3—Revocation and transitional provisions 1 Revocation of Dangerous Substances Regulations 2002 2 Transitional provision Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Dangerous Substances (General) Regulations 2017. 2—Commencement These regulations will come into operation on 1 September 2017. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Dangerous Substances Act 1979; Class of substance—see subregulation (2); Class 6 substance means a substance that is a Class 6 substance and is in 1 of the Packing Groups for toxic substances; Class 8 substance means a substance that is a Class 8 substance and is in 1 of the Packing Groups for corrosive substances; Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Commonwealth of Australia as in force from time to time; compressed natural gas means natural gas that is stored under pressure in a cylinder or tank; cylinder means metal packaging that— (a) has a water capacity exceeding 0.1 litre and not exceeding 500 litres; and (b) is designed to contain gases under pressure; Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of the Act; flammable liquid means a substance that is a Class 3 substance and is in 1 of the Packing Groups for flammable liquids; gas fitting work means the installation, alteration, repair, maintenance, modification, connection or disconnection of pipes, fittings or equipment used for, or designed for use in, the consumption of liquefied petroleum gas or compressed natural gas as a fuel in an internal combustion engine, but does not include the actual connection or disconnection of portable liquefied petroleum gas or compressed natural gas storage cylinders; industrial premises means any of the following places or the precincts of such a place: (a) a place where the occupier employs or engages 1 or more persons in an activity for or incidental to— (i) the making of an article or part of an article; or (ii) the altering, repairing, testing, renovating, processing, treating, ornamenting, finishing or cleaning of any article, material, equipment or substance, other than a laundry on premises occupied for residential purposes where only domestic‑type laundry equipment is installed and used; or (iii) the adapting for sale of any article, equipment or substance; or (iv) the laboratory testing or investigating of any article or substance; (b) a place where— (i) electricity is generated or transformed for trade or sale; or (ii) water is pumped in connection with the provision of a public water supply; or (iii) gas is produced or reformed by a company supplying gas to the public, and where the occupier employs or engages 1 or more persons in that activity; (c) a place where timber is milled, processed or treated and the occupier employs or engages 1 or more persons in that activity; (d) a building that forms part of a school and— (i) is used as a laboratory; or (ii) is used for the use, construction, assembly, repair or maintenance of any power‑driven machinery, equipment or apparatus, and where the occupier employs or engages 1 or more persons in that activity; installation means any liquefied petroleum gas or compressed natural gas arrangement consisting of any number of cylinders or storage tanks, together with metering equipment and associated pipe work provided for supplying liquefied petroleum gas or compressed natural gas (as the case may be) as a fuel to an internal combustion engine; licensed premises means premises in relation to which a licence under section 15 of the Act is, for the time being, in force; liquefied petroleum gas means a liquid that is a mixture of hydrocarbons, basically consisting of butane or butenes, propane or propene, or any mixture of them, or 1 of them, and is a dangerous substance of Class 2; manufactured product has the same meaning as in the Code; natural gas means a substance that— (a) is in a gaseous state at Standard Temperature and Pressure; and (b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; packaging means a container in which dangerous substances are received or held, and includes anything that enables the container to receive or hold the dangerous substance or to be closed, but does not include— (a) a tank; or (b) a freight container; or (c) a container that— (i) is part of or connected to; and (ii) contains any fuel or other dangerous substance that is to be consumed in the operations of or otherwise utilised by, a vehicle or any device, machinery or equipment; Packing Group—see subregulation (2); permit means a permit (including an autogas permit) to carry out gas fitting work issued under these regulations by a Competent Authority; rural industry means any activity carried on, in or upon— (a) a farm, orchard, vineyard or agricultural or pastoral holding in connection with dairying, poultry farming, bee farming, the sowing, raising, harvesting or treatment of grain, fodder, fruit or any other crop or farm produce (whether grown for food or not), the management, rearing or grazing of horses, cattle, sheep or other livestock, the shearing or crutching of sheep, or the classing, scouring, sorting or pressing of wool; or (b) a flower or vegetable market garden or nursery; tank means a container that is used, or designed to be used, for the storage of a dangerous substance in the form of a liquid or gas and that has— (a) in the case of a dangerous substance that is a Class 2 substance—a capacity in excess of 500 litres; (b) in the case of a dangerous substance of any other class— (i) a capacity in excess of 450 litres; or (ii) a net mass in excess of 400 kilograms. (2) In these regulations, unless the contrary intention appears— (a) a reference to a Class of dangerous substance is a reference to the UN Class to which the dangerous substance belongs under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008; (b) a reference to a Class by number, or number and letter, is a reference to the number, or number and letter, of the UN Class to which a dangerous substance belongs under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008; (c) a reference to a Packing Group of a dangerous substance is a reference to the Packing Group to which the dangerous substance belongs under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008; (d) a reference to a Packing Group by number is a reference to the number of the Packing Group to which a dangerous substance belongs under the Dangerous Substances (Dangerous Goods Transport) Regulations 2008. (3) A reference in these regulations to a document (including a code of practice) prepared or published by a body will be taken as a reference to that document as in force from time to time. 4—Dangerous goods The classification of certain substances and articles as dangerous goods in the Dangerous Substances (Dangerous Goods Transport) Regulations 2008 applies for the purposes of the definitions of dangerous goods and dangerous substance in section 2(1) of the Act. Part 2—Licences and permits 5—Application for licence to keep prescribed dangerous substances (1) An application for the issue, variation or renewal of a licence to keep a prescribed dangerous substance in any premises must be in a form that contains the information set out in Schedule 1 Part 1. (2) If an applicant fails to provide sufficient information to enable a Competent Authority to determine whether or not the premises conform with the Act and these regulations, the Competent Authority may require the applicant to provide such additional information as may be necessary to enable the Competent Authority to make that determination. 6—Application for permit to carry out gas fitting work An application for a permit must be in a form that contains the information set out in Schedule 1 Part 2. Part 3—General requirements 7—Accidents (1) Subject to subregulation (3), if an accident occurs involving any dangerous substance in or on licensed premises, the holder of the licence in respect of those premises must, within 24 hours after the accident, give to a Competent Authority a notice in writing setting out the particulars required by subregulation (2). Maximum penalty: $2 500. Expiation fee: $210. (2) The particulars which a notice given under these regulations must contain are— (a) time, date and place of accident; and (b) the name and address of any person involved in the accident; and (c) details of any personal injuries suffered by any person involved in the accident; and (d) if any person dies as a result of the accident, the name and last address of such person; and (e) the name and class of the dangerous substance involved in the accident; and (f) if a vehicle is involved in the accident, the registered number of the vehicle and the name and address of the driver. (3) A notice need not be given under subregulation (1) unless the accident results— (a) in the death of a person; or (b) in a person suffering personal injury which is likely to incapacitate the person for 3 days or more; or (c) from or in any fire or explosion. 8—Duties of employers and employees (1) If, in order to comply with these regulations or the requirements of any standard or code referred to in these regulations, it is necessary for an employer to provide an employee with safety equipment or protective clothing, the employer must— (a) if the employer is required to provide a respiratory protective device—provide one that complies with AS/NZS 1715:2009 Selection, use and maintenance of respiratory protective equipment and AS/NZS 1716:2012 Respiratory protective devices; and (b) if the employer is required to provide an eye protection device—provide one that complies with AS/NZS 1336:1997 Recommended practices for occupational eye protection, AS/NZS 1337:1992 Eye protectors for industrial applications and AS/NZS 1338.1:1992 Filters for eye protectors; and (c) if the employer is required to provide gloves—provide those that comply with AS/NZS 2161.1:2000 Occupational protective gloves; and (d) if the employer is required to provide a safety helmet—provide one that complies with AS/NZS 1800:1998 Occupational protective helmets—Selection, care and use and AS/NZS 1801:1997 Occupational protective helmets; and (e) if the employer is required to provide safety footwear—provide such footwear as complies with AS/NZS 2210.3:2000 Occupational protective footwear; and (f) keep such safety equipment or protective clothing in good repair and condition; and (g) provide reasonable instruction to employees as to the hazards and risks involved in the performance of their duties and in the use of any safety equipment or protective clothing provided for their use. (2) A person who, during the course of that person's employment, handles or comes into contact with a dangerous substance and whose employer has, under this regulation, supplied the person with an item of protective clothing or a piece of safety equipment must not fail to make use of that item of clothing or piece of equipment when required to do so by the employer. Maximum penalty: $2 500. Expiation fee: $210. Part 4—Keeping prescribed dangerous substances: Class 2 9—Declaration as to liquefied petroleum gas Pursuant to section 13 of the Act, liquefied petroleum gas is declared to be a prescribed dangerous substance for the purposes of Division 2 of Part 3 of the Act. 10—Quality and odour (1) Liquefied petroleum gas must conform to the requirements as to odour and quality as set out in "Liquefied Petroleum Gas Specifications and Test Methods" revised (Metric) edition dated 11 September 1973 and published by the Australian Liquefied Petroleum Gas Association. (2) A person must not sell liquefied petroleum gas unless it complies with the requirements set out in subregulation (1). Maximum penalty: $2 500. Expiation fee: $210. 11—Keeping (1) For the purposes of section 14 of the Act, a person is permitted to keep liquefied petroleum gas in any premises without a licence provided that the person complies with the provisions of this regulation. (2) A person may keep in any premises the following quantities of liquefied petroleum gas: (a) up to 250 kilograms for any purpose provided that it is contained in cylinders or tanks; (b) any quantity provided that it is contained in disposable non-refillable containers. (3) For the purposes of subregulation (2)— (a) the quantity of liquefied petroleum gas contained in cylinders or tanks will be taken to be the aggregate capacity of all cylinders or tanks stored in or on the premises at any 1 time; (b) no cylinder in use in or on industrial premises will, when located and used in accordance with the appropriate requirements of AS/NZS 1596:2014 The storage and handling of LP Gas, be included for the purpose of determining the aggregate quantity kept. 12—Compliance with standard A person who keeps in any premises liquefied petroleum gas in such a quantity that a licence is required must comply with AS/NZS 1596:2014 The storage and handling of LP Gas. Maximum penalty: $2 500. Expiation fee: $210. 13—Cylinders and tanks A person must not— (a) manufacture or construct a cylinder or tank intended for the storage of liquefied petroleum gas or any vaporiser unless the design of that cylinder, tank or vaporiser complies with the requirements of AS/NZS 1596:2014 The storage and handling of LP Gas; or (b) substantially alter any cylinder, tank or vaporiser unless the alterations comply with the requirements of AS/NZS 1596:2014 The storage and handling of LP Gas. Maximum penalty: $2 500. Expiation fee: $210. 14—Design A person must not use a cylinder or tank for the storage of liquefied petroleum gas unless that cylinder or tank complies with the requirements of AS/NZS 1596:2014 The storage and handling of LP Gas as to design. 15—Filling, testing and maintenance A person must not use a cylinder for the storage of liquefied petroleum gas unless that cylinder complies with the requirements of AS 2030.1—2009 Gas cylinders—General requirements and AS 2030.5—2009 Filling, inspection and testing of refillable cylinders as to filling, inspection, testing and maintenance. Maximum penalty: $2 500. Expiation fee: $210. 16—Vehicles (1) Despite the requirements of AS/NZS 1596:2014 The storage and handling of LP Gas, a person must not dispense liquefied petroleum gas into the fuel container of a vehicle unless— (a) the person is at least 18 years of age; and (b) the person complies with the filling instructions set out in Schedule 2. Maximum penalty: $2 500. Expiation fee: $210. (2) If a person has been granted a licence to keep liquefied petroleum gas in any premises, the person must, at or near to any place on those premises at which liquefied petroleum gas is dispensed into the fuel container of any vehicle, prominently display a notice containing the filling instructions set out in Schedule 2. Maximum penalty: $2 500. Expiation fee: $210. 17—Labels (1) Any cylinder or aboveground tank in which liquefied petroleum gas is stored must bear a class label conforming to the description set out in AS 1216—2006 Class labels for dangerous goods in respect of dangerous goods of Class 2.1. (2) Each side of a label for a cylinder must be at least 100 millimetres in length except in the case of a cylinder which because of its size can bear only a smaller label, in which case each side of the label may be less than 100 millimetres in length, but in no case may any side of the label be less than 20 millimetres in length. (3) Each side of a label for a tank must be at least 250 millimetres in length. (4) The colours and lettering used on a label must be in accordance with AS 2700—2011 Colour standards for general purposes and AS 1319—1994 Safety signs for the occupational environment respectively. (5) Every class label required by this regulation must be maintained or replaced as appropriate so that the identification and hazard information in respect of the contents of the cylinder or tank is clearly indicated at all times. (6) A person must not store liquefied petroleum gas in a cylinder or tank unless the cylinder or tank bears a class label that complies with this regulation. Maximum penalty: $2 500. Expiation fee: $210. 18—Repairs or alterations A person must not repair or alter a tank, cylinder or vaporiser, or associated pipe work or fittings, in which liquefied petroleum gas is or has been stored unless the person complies with such precautions as are applicable to such repair or alteration as set out in Appendix C of AS 1674.1—2007 Safety in welding and allied processes Part 1: Fire precautions. Maximum penalty: $2 500. Expiation fee: $210. Part 5—Keeping prescribed dangerous substances: Class 3 19—Declaration as to dangerous substances—Class 3 Pursuant to section 13 of the Act, flammable liquids are declared to be prescribed dangerous substances for the purposes of Division 2 of Part 3 of the Act. 20—Application of Part This Part does not apply to any flammable liquid that is potable and ordinarily intended for human consumption. 21—Interpretation The flash point of a flammable liquid will be determined as follows: (a) for a liquid having a closed-cup flash point of 50° Celsius or less—the Abel method as described in Part 1 of AS 2106.1:1999 Methods for the determination of the flash point of flammable liquids (closed cup)—Abel closed cup method; and (b) for a liquid having a closed-cup flash point exceeding 50° Celsius as determined by paragraph (a) of this subregulation—the Pensky‑Martens method as described in Part 2 of AS 2106.1:1999. 22—Keeping (1) For the purposes of section 14 of the Act, a person is permitted to keep any prescribed dangerous substance of Class 3 in any premises without a licence provided that the person complies with the provisions of this regulation. (2) A person may keep in any premises the following quantities of any prescribed dangerous substance of Class 3: (a) up to 120 litres of Class 3, Packing Group I or II provided that it is contained in packaging which has a capacity of not more than 60 litres; (b) up to 1 200 litres of Class 3, Packing Group III; (c) up to 5 000 litres of Class 3, Packing Group I or II and up to 5 000 litres of Class 3, Packing Group III provided that the premises have an area of not less than 2 hectares and in or on which premises there is carried on a rural industry and that— (i) any above ground storage is separated from protected works as defined in AS 1940—2004 The storage and handling of flammable and combustible liquids and any part of the boundary of the land by not less than 15 metres; and (ii) the area of ground around the storage is kept clear of combustible vegetation or refuse for a distance of not less than 3 metres; (d) any quantity of Class 3, Packing Group I or II provided that it is contained in packaging that has a capacity not exceeding 5 litres and where the substances as packaged are manufactured products; (e) any quantity of Class 3, Packing Group III provided that it is contained in packaging that has a capacity not exceeding 25 litres and where the substances as packaged are manufactured products. (3) If any flammable liquid is dispensed by retail sale from an underground tank in or on any licensed premises, the maximum quantity of flammable liquid that may be kept at the premises other than in any underground tank is as provided by Table 2.1 (relating to minor storage) of AS 1940—2004 The storage and handling of flammable and combustible liquids. 23—Compliance with standard A person who keeps in any premises flammable liquids in such a quantity that a licence is required must comply with AS 1940—2004 The storage and handling of flammable and combustible liquids. Maximum penalty: $2 500. Expiation fee: $210. 24—Installation of tank (1) A person who installs a tank for the purposes of storing any flammable liquid must install the tank in accordance with these regulations and the requirements of AS 1940—2004 The storage and handling of flammable and combustible liquids. Maximum penalty: $2 500. Expiation fee: $210. (2) No later than 7 days after such a tank has been installed the person installing it must give notice in writing to a Competent Authority informing the Competent Authority that the requirements of AS 1940—2004 The storage and handling of flammable and combustible liquids as to construction, installation and testing of the tank have been complied with. Maximum penalty: $2 500. Expiation fee: $210. 25—Records (1) A person granted a licence to keep any flammable liquid must, if required by the licence to keep the liquids in a package store, keep an accurate written record of any consignment or delivery made from that store of flammable liquids of Class 3, Packing Group I or II, in packaging of 200 litres capacity or greater. Maximum penalty: $2 500. Expiation fee: $210. (2) The record required to be kept by subregulation (1) must contain the following information: (a) the date any flammable liquid is consigned or delivered by the person; (b) the quantity consigned or delivered; (c) the name of the flammable liquid consigned or delivered; (d) the name and address of any person to whom the flammable liquid has been consigned or delivered. 26—Construction of package store A person must not construct a package store in such a manner so as to enable water to accumulate within the compound that is provided within the store to retain spillage and leakage from the contents of packages stored there. Maximum penalty: $2 500. Expiation fee: $210. 27—Prescribed standard (1) Any packaging of 20 litres or more nominal capacity used or intended to be used for the storage of any flammable liquid must comply with the requirements of AS 2950—1986 Steel drums. (2) Any packaging of less than 20 litres nominal capacity used or intended to be used for the storage of flammable liquid must be a substantial closed container suitable for that purpose. (3) A person must not sell or use packaging unless it complies with the requirements of this regulation. Maximum penalty: $2 500. Expiation fee: $210. 28—Ullage (1) The ullage for every fixed tank in which a flammable liquid is or is intended to be stored must be determined by the requirements of AS 1940—2004 The storage and handling of flammable and combustible liquids but in no case may it be less than 3 % of the total capacity of the tank. (2) A person must not store any flammable liquid in a fixed tank unless it complies with the requirements of subregulation (1). Maximum penalty: $2 500. Expiation fee: $210. 29—Tank design A person must not manufacture, construct or substantially alter any tank for the storage of any flammable liquid unless the design of that tank or the alteration complies with the requirements of AS 1692—2006 Steel tanks for flammable and combustible liquids. Maximum penalty: $2 500. Expiation fee: $210. 30—Notice of manufacture etc (1) A person must, at least 7 days before starting to manufacture, construct or substantially alter any tank for the storage of any flammable liquid, give notice in writing to a Competent Authority informing the Competent Authority that the person intends to manufacture, construct or substantially alter a tank (as the case may be). Maximum penalty: $2 500. Expiation fee: $210. (2) The notice must be accompanied by 2 sets of drawings setting out details of the design of the tank, the materials to be used, the method of construction, the fittings and any calculation sheets. (3) The Competent Authority may retain 1 copy of the information and must return the other copy to the sender. 31—Use of tank (1) A person must not use a tank for the storage of any flammable liquid unless the design of that tank complies with the requirements of AS 1692—2006 Steel tanks for flammable and combustible liquids. Maximum penalty: $2 500. Expiation fee: $210. (2) A person must not use a tank that is designed for the transport of any flammable liquid, as a fixed tank to store flammable liquid. Maximum penalty: $2 500. Expiation fee: $210. 32—Repairs or alterations A person must not repair or alter any packaging, fixed tank or associated pipework or fittings in which any flammable liquid is or has been stored unless the person complies with the precautions applicable to such repairs or alterations set out in Appendix C of AS 1674.1—2007 Safety in welding and allied processes Part 1: Fire precautions. Maximum penalty: $2 500. Expiation fee: $210. 33—Labels (1) Any packaging or aboveground tank in which any flammable liquid is stored must bear a class label conforming to the description set out in AS 1216—2006 Class labels for dangerous goods in respect of dangerous goods of Class 3, Packing Group III as specified in that standard. (2) Each side of a label for a package must be at least 100 millimetres in length except in the case of a package which because of its size can bear only a smaller label, in which case each side of the label may be less than 100 millimetres in length, but in no case may any side of the label be less than 20 millimetres in length. (3) Each side of a label for a tank must be at least 250 millimetres in length. (4) This regulation does not apply to or in respect of a packaging that contains not more than 5 litres of a dangerous substance of Class 3, Packing Group III if the substance as packaged is a manufactured product. (5) The colours and lettering used on labels must be in accordance with AS 2700—2011 Colour standards for general purposes and AS 1319—1994 Safety signs for the occupational environment respectively. (6) Every class label required by this regulation must be maintained or replaced as appropriate to ensure that the identification and hazard information in respect of the contents of the package or tank is clearly indicated at all times. (7) A person must not store any flammable liquid in any packaging or aboveground tank that does not bear a class label that complies with the requirements set out in this regulation. Maximum penalty: $2 500. Expiation fee: $210. 34—Markings (1) Packaging containing any flammable liquid, not being a manufactured product, must be clearly marked with— (a) the correct name of the flammable liquid in accordance with the Code; or (b) the trade name under which it is sold. (2) A person must not sell a package containing any flammable liquid unless that package complies with this regulation. Maximum penalty: $2 500. Expiation fee: $210. Part 6—Prescribed dangerous substances: Class 6 and Class 8 Division 1—Preliminary 35—Preliminary (1) In this Part, unless the contrary intention appears— building includes enclosure. (2) This Part does not apply in relation to the keeping of a Class 6 or 8 substance that is also a flammable liquid where the quantity kept is greater than that which may be kept under regulation 22 without a licence. Division 2—Licences to keep 36—Declaration—prescribed dangerous substances Pursuant to section 13 of the Act, Class 6 substances and Class 8 substances are declared to be prescribed dangerous substances for the purposes of Division 2 of Part 3 of the Act. 37—Quantity that may be kept without a licence For the purposes of section 14 of the Act, a person is permitted to keep in any premises without a licence Class 6 substances and Class 8 substances if, in relation to the total quantity of those substances kept, the following equation is true: