New South Wales Consolidated Acts

DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) ACT 2008 - SECT 4

4 Definitions

(1) In this Act, unless the contrary intention appears--

"authorised officer" means--

(a) an authorised officer appointed under section 17, or

(b) a police officer.

"Competent Authority" --see section 16.

"consign" --see subsection (1A).

"consignor" of goods means a person who--

(a) with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods, or

(b) if paragraph (a) does not apply to the person or anyone else--

(i) engages a prime contractor or rail operator, either directly or indirectly or through an agent or other intermediary, to transport the goods, or

(ii) has possession of, or control over, the goods immediately before the goods are transported, or

(iii) loads a vehicle with the goods, for transport, at a place where the goods are awaiting collection and that is unattended (except by the driver) during loading, or

(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia--imports the goods.

"corresponding authority" means a Competent Authority appointed under a corresponding law.

"corresponding law" means--

(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act, or

(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law to this Act.

"dangerous activity" means an activity--

(a) that relates to the transport of dangerous goods by road or rail, and

(b) that is occurring or may occur in relation to or in the immediate vicinity of the dangerous goods, and

(c) that creates or could create an immediate risk of death or injury to a person, significant harm to the environment or significant damage to property.

"dangerous goods" means--

(a) a substance or article prescribed by the regulations as dangerous goods, or

(b) a substance or article determined by a Competent Authority in accordance with the regulations to be dangerous goods.

"driver" of a vehicle includes--

(a) a two-up driver of the vehicle who is present in or near the vehicle, and

(b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit, and

(c) if the vehicle is a unit of rolling stock forming part of a train but is not its locomotive--the driver of the train, and

(d) if the vehicle is a trailer--the driver of the motor vehicle towing the trailer.

"employee" means an individual who works under a contract of employment, apprenticeship or training.

"employer" means a person who employs persons under--

(a) contracts of employment, apprenticeship or training, or

(b) contracts for services.

"EPA" means the Environment Protection Authority constituted by the Protection of the Environment Administration Act 1991 .

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"goods too dangerous to be transported" means--

(a) a substance or article prescribed by the regulations as goods too dangerous to be transported, or

(b) a substance or article determined by a Competent Authority, in accordance with the regulations, to be goods too dangerous to be transported.

"involvement in the transport of dangerous goods by road or rail" includes--

(a) importing, or arranging for the importation of, dangerous goods into Australia, and

(b) packing dangerous goods for transport by road or rail, and

(c) marking or labelling packages containing dangerous goods for transport by road or rail, and placarding vehicles and packaging on or in which dangerous goods are transported by road or rail, and

(d) consigning dangerous goods for transport by road or rail, including the preparation of transport documentation, and

(e) loading dangerous goods for transport by road or rail or unloading dangerous goods that have been transported by road or rail, and

(f) undertaking, or being responsible for, otherwise than as an employee or sub-contractor, the transport of dangerous goods by road or rail, and

(g) driving a vehicle carrying dangerous goods by road or rail, and

(h) being the consignee of dangerous goods transported by road or rail, and

(i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition.

"jurisdiction" means the Commonwealth or a State or Territory.

"motor vehicle" has the same meaning as it has in the Road Transport Act 2013 .

"packaging" , in relation to goods, is anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything declared by the regulations to be packaging.

Note : It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which dangerous goods are directly placed.

"placard" means a label or emergency information panel that is required by the regulations to be used in transporting dangerous goods.

"premises" includes a structure, whether permanent or temporary, and land, but does not include a vehicle.

"prime contractor" , in respect of the transport of dangerous goods by road, means the person who, in conducting a business for or involving the transport of dangerous goods by road, has undertaken to be responsible for, or is responsible for, the transport of the goods by road.

"public authority" means--

(a) the Crown in any capacity, or

(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority, or

(c) a police force or police service.

"rail operator" , in respect of the transport of dangerous goods by rail, means the person who has undertaken to be responsible, or is responsible, for--

(a) the transport of the goods by rail, or

(b) the condition of a unit of rolling stock transporting the goods.

"road" means a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 .

"SafeWork NSW" means SafeWork NSW as referred to in clause 1 of Schedule 2 to the Work Health and Safety Act 2011 .

"train" means 2 or more units of rolling stock (at least 1 unit of which is a locomotive or self-propelled unit) that are coupled together.

"transport" , in relation to dangerous goods, includes--

(a) the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle, for the purpose of their transport, and

(b) the marking or labelling of packages containing dangerous goods, and the placarding of vehicles and packaging in which dangerous goods are transported, and

(c) other matters incidental to their transport.

"transport documentation" means documentation required by the regulations for the transport of dangerous goods.

"two-up driver" means a person accompanying a driver of a vehicle on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle during the journey.

"unit of rolling stock" means a vehicle designed to run on rails, but does not include a vehicle designed to operate both on and off rails when the vehicle is not operating on rails.

"vehicle" means--

(a) a motor vehicle, or

(b) a trailer, or

(c) a unit of rolling stock.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(1A) For the purposes of this Act, a person
"consigns" goods if they are the consignor of the goods.

(2) Notes included in this Act are explanatory notes and do not form part of this Act.