Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
sec.106Approval of methods of segregation
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sec.106 Approval of methods of segregation
The chief executive may, on application under section 166 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that— it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and the risk 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. In giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods. A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units. (sec.106-ssec.1) The chief executive may, on application under section 166 , approve a method of segregation, not complying with part 9 of the ADG Code, for transporting dangerous goods and goods that are incompatible with the dangerous goods, if the chief executive considers that— it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and the risk 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. (sec.106-ssec.2) In giving an approval under subsection (1) , the chief executive may impose on the approval any condition necessary for the safe transport of dangerous goods. (sec.106-ssec.3) A person to whom an approval has been given under this section must not contravene a condition of the approval. Maximum penalty—40 penalty units.
- (a) it is impracticable to segregate the dangerous goods from the incompatible goods by a segregation device, or method of segregation, complying with that part; and
- (b) the risk 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.