Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 152

152 Regulations about dangerous goods and transport of dangerous goods

(1) A regulation may make provision about dangerous goods and the transport of dangerous goods, including for example, the following—

(a) identifying and classifying goods as dangerous goods, and the identification and classification of dangerous goods;

(b) the making of decisions by the chief executive for the purposes of a regulation in relation to the following—

(i) the identification and classification of goods as dangerous goods;

(ii) the identification and classification of dangerous goods;

(iii) the specification of what is, and what is not, compatible with dangerous goods for transport purposes;

(iv) prohibiting or regulating the transport of dangerous goods;

(v) regulating the containment of dangerous goods that are being, or that are to be, transported;

(c) the analysis and testing of dangerous goods;

(d) the marking and labelling of packages containing dangerous goods for transport and the placarding of vehicles and packaging on or in which dangerous goods are transported;

(e) containers, vehicles, packaging, equipment and other items used in the transport of dangerous goods;

(f) the manufacture of containers, vehicles, packaging, equipment and other items for use in the transport of dangerous goods;

(g) voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes;

(h) the loading of dangerous goods for, and the unloading of dangerous goods after, their transport;

(i) deciding routes along which, the areas in which and the times during which dangerous goods may or may not be transported;

(j) procedures for transporting dangerous goods, including, but not limited to—

(i) the quantities and circumstances in which dangerous goods, may be transported; and

(ii) safety procedures and equipment;

(k) the licensing of—

(i) vehicles and drivers for transporting dangerous goods; and

(ii) persons involved in the transport of dangerous goods or vehicles used in the transport;

(l) the mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport;

(m) the approval of—

(i) vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and

(ii) facilities for, and methods of, testing or using vehicles, packaging, equipment and other items used in relation to transporting dangerous goods; and

(iii) processes carried out in relation to transporting dangerous goods;

(n) documents required to be prepared or kept by persons involved in the transport of dangerous goods, and the approval by the chief executive of alternative documentation;

(o) public liability insurance or some other form of indemnity that must be taken out by persons involved in the transport of dangerous goods;

(p) obligations arising, and procedures to be followed, in the event of a dangerous situation;

(q) the training and qualifications required of persons involved in, and the approval of training courses and qualifications relating to involvement in, transporting dangerous goods;

(r) the recognition of accredited providers of training, package testing, design verification and other similar activities;

(s) exempting from the application of this chapter the transport—

(i) of stated types of dangerous goods; and

(ii) of dangerous goods in stated circumstances or ways.

(2) Without limiting subsection (1) , a regulation may make provision about the recognition of laws of other jurisdictions relating to transporting dangerous goods, things done under those laws and giving effect to those things, including, for example, providing for—

(a) the recognition of an entity (the
"competent authorities panel" ) whose membership includes the chief executive and dangerous goods authorities and that may be required to make decisions, and to provide oversight on decisions made, under this chapter in the interests of national uniformity; and

(b) for other matters in relation to the competent authorities panel.

(3) For subsection (2) (b) , a regulation may provide that the chief executive must refer to the competent authorities panel—

(a) an application made to the chief executive for a decision, approval or exemption under this Act if the chief executive considers the decision, approval or exemption should have effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction; or

(b) a decision, approval or exemption under this Act that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction if—

(i) the chief executive considers the decision, approval or exemption should be cancelled or amended; or

(ii) a dangerous goods authority recommended to the chief executive that the decision, approval or exemption should be cancelled or amended; or

(c) a recommendation by the chief executive to a dangerous goods authority that a decision, approval or exemption given by the authority under a corresponding law, that has effect in all participating dangerous goods jurisdictions or some of those jurisdictions including this jurisdiction, if the chief executive considers a ground exists under the corresponding law for the authority to cancel or amend the decision, approval or exemption.

(4) If a regulation provides that a matter must be referred to the competent authorities panel, the regulation may provide that the chief executive must have regard to the panel’s decision.

(5) A regulation may make provision in relation to an action taken or decision made by the competent authorities panel or a dangerous goods authority in relation to a matter considered by the competent authorities panel, including that the action or decision has effect in this jurisdiction as if it were an action or decision of the chief executive.

(6) The reference in subsection (1) (b) to the chief executive making decisions about particular matters does not limit the Statutory Instruments Act 1992 , section 26 , in relation to any other matter mentioned in this section.

(7) In this section—

"amend" includes vary.