New South Wales Consolidated Regulations
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DANGEROUS GOODS (ROAD AND RAIL TRANSPORT) REGULATION 2014
- Made under the Dangerous Goods (Road and Rail Transport) Act 2008
- As at 13 August 2021
- Reg 398 of 2014
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
Division 1 - Introductory and application
1. Name of Regulation
2. Commencement
3. Main objects
4. Dangerous situations
5. Exempt transport
6. Further exemptions
7. Special provisions for tools of trade and dangerous goods for private use
8. Goods suspected of being dangerous goods
Division 2 - Interpretation
9. Definitions
10. References to codes, standards and rules
11. Inconsistency between this Regulation and codes etc
12. References to determinations, exemptions, approvals and licences
13. References to variation of determinations etc
14. Meaning of "bulk container"
15. Meaning of "IBC"
16. Meaning of "MEGC"
17. Meaning of "pack" and "packer"
18. Dangerous goods "packed in limited quantities"
19. Meaning of "tank"
20. Meaning of "loads" (verb), "loader" and load (noun)
21. Meaning of "consign"
Division 3 - Training
22. Instruction and training
23. Approvals--tests and training courses for drivers
Division 4 - Determinations
24. Determinations--dangerous goods and packaging
25. Determinations--vehicles, routes, areas and times
26. Administrative determinations
27. Determinations may be subject to conditions
28. Effect of determinations on contrary obligations under this Regulation
29. Register of determinations
30. Records of determinations
31. Offence to do any thing prohibited or regulated by a determination
PART 2 - KEY CONCEPTS
32. Dangerous goods
33. Goods too dangerous to be transported
34. UN Classes, UN Divisions and Categories of dangerous goods
35. Subsidiary hazard
36. Packing Groups
37. Incompatibility
PART 3 - TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY
38. Application of this Part
39. Duty on consignors
40. Duty on packers
41. Duty on loaders
42. Duty on prime contractors and rail operators
43. Duty on drivers
PART 4 - PACKAGING
Division 1 - General
44. Packing of dangerous goods in limited or excepted quantities
45. References to Part 4 of the ADG Code include Dangerous Goods List requirements
Division 2 - Suitability and design of packaging
46. Suitability of packaging for transport
47. Marking packaging
48. Applications for approval of packaging design
49. Approval of packaging designs
50. Recognised testing facilities
51. Test certificates
52. Approval of overpack preparation method
53. Authorised body may issue approvals
Division 3 - Prohibition on the sale or supply of non-compliant packaging
54. Offence to sell or supply non-compliant packaging
Division 4 - Offences relating to general packaging
55. Meaning of "general packaging" in this Division
56. Duty on consignors
57. Duty on packers
58. Duty on loaders
59. Duty on prime contractors and rail operators
60. Duty on drivers
Division 5 - Offences relating to other packaging
61. Meaning of "other packaging" in this Division
62. Duty on manufacturers--compliance plates on portable tanks, MEGCs and tank vehicles
63. Duty on owners--portable tanks, demountable tanks, MEGCs and tank vehicles
64. Duty on consignors
65. Duty on packers
66. Duty on loaders
67. Duty on prime contractors and rail operators
68. Duty on drivers
Division 6 - Offences relating to overpacks
69. Duty on consignors
70. Duty on packers
71. Duty on loaders
72. Duty on prime contractors and rail operators
73. Duty on drivers
PART 5 - CONSIGNMENT PROCEDURES
Note
Division 1 - Marking and labelling
74. Meaning of "appropriately marked"
75. Consignor's duties
76. Packer's duties
77. Prime contractor's and rail operator's duties
Division 2 - Placarding
78. When load must be placarded
79. Meaning of "appropriately placarded"
80. Consignor's duties
81. Loader's duties
82. Prime contractor's and rail operator's duties
83. Driver's duties
PART 6 - SAFETY STANDARDS--VEHICLES AND EQUIPMENT
84. Owner's duties
85. Consignor's duties
86. Loader's duties
87. Prime contractor's and rail operator's duties
88. Driver's duties
PART 7 - TRANSPORT OPERATIONS RELATING TO CERTAIN DANGEROUS GOODS
Division 1 - Self-reactive substances, organic peroxides and certain other substances
89. Application
90. Consignor's duties
91. Loader's duties
92. Prime contractor's and rail operator's duties
93. Driver's duties
Division 2 - Goods too dangerous to be transported
Note
94. Application
95. Loader's duties
96. Prime contractor's and rail operator's duties
97. Driver's duties
Division 3 - Nominally empty storage vessels
97A. Application
97B. Consignor's duties
97C. Loader's duties
97D. Prime contractor's and rail operator's duties
97E. Driver's duties
PART 8 - STOWAGE AND RESTRAINT
98. Consignor's duties
99. Loader's duties
100. Prime contractor's and rail operator's duties
101. Driver's duties
PART 9 - SEGREGATION
102. Application of Part
103. Exception for certain goods for driver's personal use
104. Consignor's duties
105. Loader's duties
106. Prime contractor's duties
107. Rail operator's duties
108. Driver's duties
109. Approvals--Type II segregation devices
110. Approvals--methods of segregation
PART 10 - BULK TRANSFER OF DANGEROUS GOODS
Division 1 - General
111. Meaning of "bulk transfer"
Division 2 - Equipment and transfer
112. Transferor's duties--hose assemblies
113. Transferor's duties--general
114. Occupier's duties
115. Prime contractor's duties
116. Rail operator's duties
Division 3 - Filling ratio and ullage
117. Application of Division
118. Transferor's duties
119. Prime contractor's and rail operator's duties
120. Driver's duties
PART 11 - DOCUMENTATION
Division 1 - Transport documentation
121. False or misleading information
122. Consignor's duties--transport by road
123. Consignor's duties--transport by rail
124. Prime contractor's duties
125. Rail operator's duties
126. Driver's duties
127. Train driver's duties
127A. Prime contractor's duties--retention of documents
Division 2 - Emergency information
128. Meaning of "required emergency information"
129. Consignor's duties
130. Prime contractor's duties
131. Rail operator's duties
132. Driver's duties
133. Train driver's duties
134. Approvals--emergency information
Division 3 - Dangerous goods packed in limited quantities
134A. Consignor's duties
134B. Prime contractor's duties
134C. False or misleading information
PART 12 - SAFETY EQUIPMENT
135. Owner's duties
136. Prime contractor's duties
137. Driver's duties
PART 13 - PROCEDURES DURING TRANSPORT
Division 1 - Immobilised and stopped vehicles
138. Driver's duties
139. Prime contractor's duties
140. Rail operator's duties
Division 2 - General precautions--driver's duties
141. Driving
142. Parking
143. Control of ignition sources
144. Unloading
145. Detaching trailer
146. Road tank vehicle equipped with burner
Division 3 - General precautions--prime contractor's duties
146A. Parking
146B. Unloading
146C. Detaching trailer
146D. Road tank vehicle equipped with burner
PART 14 - EMERGENCIES
Division 1 - Emergencies generally
147. Duties of drivers of road vehicles
148. Driver's and rail operator's duties
149. Prime contractor's and rail operator's duties--food or food packaging
150. Prime contractors and rail operators to inform Competent Authority
Division 2 - Emergencies involving placard loads
151. Telephone advisory service
152. Emergency plans
153. Consignor's duties--information and resources
154. Prime contractor's and rail operator's duties--information and resources
PART 15 - MUTUAL RECOGNITION
Division 1 - Registers of determinations, exemptions, approvals and licences
155. Registers
156. Registers may be kept by computer
157. Inspection of registers
Division 2 - Recommendations by Competent Authority and corresponding authorities
158. Recommendations by Competent Authority
159. Recommendations by corresponding authorities
Division 3 - Mutual recognition of determinations, exemptions, approvals and licences
160. Corresponding determinations
161. Corresponding exemptions
162. Corresponding approvals
163. Corresponding licences
163A. Reference of determination, exemption or approval to CAP for the purposes of mutual recognition
PART 16 - EXEMPTIONS
Note
Division 1 - General
164. Applications for exemptions
165. Register of exemptions
166. Records of exemptions
Division 2 - Reference of matters to CAP
167. References to CAP
168. Effect of CAP decisions about exemptions
169. Effect of CAP decisions about cancelling or varying exemptions
PART 17 - ADMINISTRATIVE DETERMINATIONS AND APPROVALS
Note
Division 1 - General
170. Applications
171. Form of administrative determinations and approvals
172. When administrative determinations and approvals not to be made etc
173. Reasons for refusal of applications
174. Periods and conditions
175. Replacement administrative determinations and approvals
176. Grounds for cancelling administrative determinations and approvals
177. Grounds for varying administrative determinations and approvals
Division 1A - Reference of determinations to CAP
177A. References to CAP
177B. Effect of CAP decisions about determinations
177C. Effect of CAP decisions about cancelling or varying determinations
Division 2 - Register of approvals
178. Register
179. Records of approvals
Division 3 - Reference of approval matters to CAP
180. References to CAP
181. Effect of CAP decisions about approvals
182. Effect of CAP decisions about cancelling or varying approvals
Division 4 - Cancellation and variation
183. Cancellation and variation in dangerous situations
184. Cancellation giving effect to court orders
185. Variation of administrative determinations and approvals on application
186. Cancellation and variation in other circumstances
187. When cancellation and variation take effect
PART 18 - LICENCES
Division 1 - Preliminary
188. Meaning of "licensing authority"
189. Application of Part
190. Part additional to other laws
Division 2 - Vehicles and drivers to be licensed under this Part
191. Vehicles to be licensed
192. Drivers to be licensed
Division 3 - Dangerous goods driver licences
193. Applications for licences
194. Required driver licence evidence
195. Required competency evidence
196. Required medical fitness evidence
197. Grant of dangerous goods driver licences
198. Applications for renewal of licences
199. Renewal of licences
200. Licence periods
201. Licence conditions
202. Additional condition
203. Grounds for cancelling, suspending or varying licences
Division 4 - Dangerous goods vehicle licences
204. Meaning of "vehicle"
205. Applications for licences
206. Additional information and inspections
207. Grant of dangerous goods vehicle licences
208. Applications for renewal of licences
209. Renewal of licences
210. Licence periods
211. Licence conditions
212. Disposal and transfer of licensed vehicles
213. Grounds for cancelling, suspending or varying licences
214. (Repealed)
Division 5 - Requirements relating to dangerous goods driver licences
215. Licences to be carried
Division 6 - Licences generally
216. Meaning of "licence" and "licensee"
217. Replacement licences
218. Failure to comply with licence conditions
219. Surrender of licences
220. Registers of licences
221. Records of licences
222. Change of information given in licence applications
223. Production of licences to licensing authority
224. Return of licences
Division 7 - Cancellation, suspension and variation
225. Definitions
226. Cancellation, suspension and variation in dangerous situations
227. Cancellation and suspension giving effect to court orders
228. Variation of licence on application
229. Cancellation, suspension and variation in other circumstances
230. When cancellation, suspension and variation take effect
231. When licences taken to be suspended
PART 19 - RECONSIDERATION AND REVIEW OF DECISIONS
232. Application of Part
233. Who may apply for reconsideration of decisions
234. Applications for reconsideration
235. Competent Authority to reconsider decisions
236. Appeal to court after reconsideration of certain decisions
PART 20 - INSURANCE
237. Owner's duties
238. Prime contractor's duties
239. Requiring evidence of insurance etc
240. Approvals--insurance
PART 21 - MISCELLANEOUS
241. Penalty notice offences and penalties
242. Appeals to Court following certain reviews: sections 35 and 45
242A. Repeal and savings
243. Savings and transitional provisions consequent on Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2019
SCHEDULE 1
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