Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
(1) In these
regulations, unless the contrary intention appears —
“amount” means the numerical sum of
the aggregate capacity and quantity;
"approved" means approved by the Chief Inspector;
"bulk container", when used in relation to the
storage of dangerous goods —
(a) of
class 2 (gases), means a container having a capacity exceeding 500 litres;
(b) of
any other class, means —
(i)
a container having a capacity exceeding 450 litres;
and
(ii)
a container with a net mass exceeding 400 kilograms;
“bulk depot” means a depot within
premises in which dangerous goods are stored in bulk;
“bund” means an embankment of earth or
a wall constructed of brick, stone, concrete or other approved material to
form the perimeter or part of the perimeter of a compound;
“capacity” means the internal volume
of a container used for liquids or gases expressed in litres;
"class", see subregulations (2), (3) and (3a)
and clause 1.1.3 of the Code as read with regulation 2.3 of the
Dangerous Goods (Transport) (Road and Rail) Regulations 1999 ;
"Code" means the sixth edition of the Australian
Code for the Transport of Dangerous Goods by Road and Rail as amended from
time to time and (for the avoidance of doubt) includes the technical
appendices to it but excludes —
(a) the
Rail (Dangerous Goods) Rules published as a schedule to it; and
(b) the
Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth
published as an attachment to it;
"combustible liquid" has the same meaning as in
AS 1940, being item 11 in Schedule 2;
“compound” means an area of land
enclosed within a raised perimeter formed by the contours of the surrounding
land or by a bund;
"dangerous goods" means goods that are
dangerous goods by virtue of regulation 1.5;
"explosive" means an article or substance that is
an explosive for the purposes of the
Explosives and Dangerous Goods (Explosives) Regulations 1963 ;
“general fire extinguishing system”
means a fire extinguishing system designed to protect the area in the general
vicinity of the point at which the system is fitted;
“Guidance Note for Labelling” means
the publication known as Guidance Note for the Labelling of Workplace
Substances issued by the National Occupational Health and Safety Commission
established under the
National Occupational Health and Safety Commission Act 1985 of the
Parliament of the Commonwealth;
“Guidance Note for Placarding” means
the publication entitled “Storage of Chemicals” issued by the body
known as the National Occupational Health and Safety Commission established
under the National Occupational Health and Safety Commission Act 1985 of
the Parliament of the Commonwealth;
“hand fire extinguisher” means a fire
extinguisher designed to be carried by hand;
“licensee” means in relation to
premises the person to whom a licence is issued under the Act;
“LPG” means liquefied petroleum gas;
“material safety data sheet” or
"MSDS" means a document complying with the National Occupational Health and
Safety Commission’s publication “Guidance Note for Completion of a
Material Safety Data Sheet” or any other approved document dealing with
material safety data;
“outer package” means outer packaging
containing a package or packages together with any absorbent material
cushioning and any other component used to contain and protect an inner
package or inner packages;
“package depot” means a depot in which
packages are stored;
"packing group", see subregulations (2), (3)
and (3a) and clause 1.1.3 of the Code as read with regulation 2.5 of
the Dangerous Goods (Transport) (Road and Rail) Regulations 1999 ;
“quantity” means mass of solids
expressed in kilograms;
"screen wall" means a screen wall that complies
with the requirements of regulation 4.8;
"storage" means storage other than storage on a
vehicle or rail wagon for the purposes of transport;
"subsidiary risk", see subregulations (2),
(3) and (3a) and clause 1.1.3 of the Code as read with
regulation 2.4 of the Dangerous Goods (Transport) (Road and Rail)
Regulations 1999 ;
"Table" means Table 1 in regulation 4.2,
Table 2 or 3 in regulation 4.7, Table 4 in regulation 4.10 or Table
5 in regulation 4.33, as the case requires;
"UN tests" means the tests and criteria specified
in —
(a) the
ninth revised edition of the Recommendations on the Transport of
Dangerous Goods published by the United Nations; or
(b) the
second revised edition of the Recommendations on the Transport of
Dangerous Goods, Manual of Tests and Criteria published by the United Nations;
“underground tank” means a tank that
has not less than half of its capacity below the surface of the ground and is
completely covered with not less than 600 mm of earth or other cover as
approved.
(2) Expressions used
in these regulations that are used in the Code have in these regulations, the
same respective meanings as those expressions have in the Code, unless the
contrary intention appears.
(3) Subject to the Act
and these regulations and unless the contrary intention appears, expressions
used in the Code that are used in any of the provisions of these regulations
in relation to the storage of dangerous goods have the same meanings for the
purposes of those provisions as those expressions have in the Code.
(3a) For the purposes
of applying the Code in connection with these regulations and despite
section 1.1.2 of the Code, unless the contrary intention appears, a
reference in the Code —
(a) to
the Road Act is to be taken to be a reference to the Dangerous Goods
(Transport) Act 1998 of Western Australia;
(b) to
the Road Regulations, or to the Rail Rules, is to be taken to be a
reference to the Dangerous Goods (Transport) (Road and Rail)
Regulations 1999 of Western Australia;
(c) to a
numbered provision of the Road Regulations is to be taken to be a reference
to the regulation of that number in the Dangerous Goods (Transport)
(Road and Rail) Regulations 1999 of Western Australia;
(d) to a
numbered provision of the Rail Rules is to be taken to be a reference to the
regulation in the Dangerous Goods (Transport) (Road and Rail)
Regulations 1999 of Western Australia that corresponds to that provision.
(4) Unless the
contrary intention appears in any code, standard, note, rule or specification
referred to in these regulations a reference to —
“a recommendation” means a
requirement;
“should” means “shall”;
" statutory authority" or "the competent authority
” means the Chief Inspector.
[Regulation 1.3 amended in Gazette
8 Sep 1992 p. 4563; 26 Mar 1993 p. 1859;
1 Jun 1993 p. 2721; 22 Oct 1993 p. 5797;
8 Jun 1999 p. 2492-4.]