Summary of key changes

Transcription

1 Summary of key changes Dangerous Goods (Transport by Road or Rail) Regulations 2018 Victoria s new Dangerous Goods (Transport by Road or Rail) Regulations 2018 (DG TRR Regulations 2018) commenced on 25 October While the new DG TRR Regulations 2018 are mainly the same as the Dangerous Goods (Transport by Road or Rail) Regulations 2008 (DG TRR Regulations 2008), they do: reflect changes that have been made nationally to the Model Subordinate Instrument on the Dangerous Goods by Road or Rail (Model Regulations) in May 2018 include prescribed fees include amendments to improve clarity and meet modern drafting requirements. A number of changes were also introduced to the Australian Dangerous Goods Code for the Transport by Road and Rail (ADG Code) in May 2018 that did not need to be included in the new Victorian DG TRR Regulations However, these changes do apply to Victorian duty holders from 25 October Following is a summary of the key changes made to the new DG TRR Regulations 2018 and the ADG Code that Victorian duty holders need to be aware of. Page 1

2 Key changes to the DG TRR Regulations 2018 Transport of packed in excepted quantities Duty holders that transport small quantities of will have reduced packaging, marking and documentation requirements when transporting goods that are specified as goods packed in excepted quantities. Details of this change can be found in Chapter 3.5 of the ADG Code. This change will improve consistency with international practice by incorporating the provisions contained in the UN Recommendations on the Transport of Dangerous Goods Model Regulations (current version UN 20) and provide regulatory concessions. The changes made to the DG TRR Regulations 2018 to reflect this are as follows: are packed in limited quantities if (a) the goods are packed in accordance with Chapter 3.4 of the ADG Code; and (b) the quantity of in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7 of the Dangerous Goods List for those goods. (1) packed in limited quantities means (a) goods packed in accordance with Chapter 3.4 of the ADG Code; and (b) the quantity of in each inner packaging or in each article does not exceed the quantity specified, or referred to, in column 7a of the Dangerous Goods List for those goods. (2) packed in excepted quantities means packed in excepted quantities has the meaning given in regulation 13(2). (a) goods assigned to code E1, E2, E3, E4 or E5 in column 7b of the Dangerous Goods List; and The packed in excepted quantities definition has been added to the DG TRR Regulations 2018 to ensure consistency with changes made to Model Regulations in May 2018 and is a consequential amendment of adopting this change. 13 packed in limited quantities 13 Meaning of packed in limited quantities or excepted quantities (b) the goods are packed in accordance with Chapter 3.5 of the ADG Code; and (c) the quantity of does not exceed the quantity specified in section of the ADG Code. Regulation 13 of the DG TRR Regulations 2018 has been revised to allow for the introduction of provisions relating to excepted quantities. Page 2

3 The heading in regulation 13 now includes a reference to packed in excepted quantities. Regulation 13 has also been divided into two subregulations. Subregulation (1) related to packed in limited quantities has been revised for improved drafting and to appropriately reference column 7a rather than 7 of the Dangerous Goods List to reflect changes to the Model Regulations and the ADG Code. The insertion of a after the number 7 in regulation 13(1)(b) is to distinguish dangerous goods packed in limited quantities from packed in excepted quantities in the Dangerous Goods List in the ADG Code and aligns with changes made to the Model Regulations. An additional subregulation (2) has been included to define packed in excepted quantities to align to the Model Regulations. Part 5 Consignment procedures Division 1 Marking and labelling 80 Meaning of appropriately marked Part 5 Consignment procedures Division 1 Marking and labelling 79 Meaning of appropriately marked (5) A package of that are packed in excepted quantities is also appropriately marked if it is marked and labelled in accordance with Chapter 3.5 of the ADG Code. Notes 2 See regulation 13(2) for the meaning of packed in excepted quantities Regulation 79(5) of the DG TRR Regulations 2018 has been inserted to allow for the regulatory burden concessions for the transportation of packed in excepted quantities to be adopted and to align with the changes made to the Model Regulations. Exemption of mobile processing units from the DG TRR Regulations 2018 Duty holders who transport for the purpose of manufacturing explosives (for example, constituents of a bulk ammonium nitrate-based explosive) will be exempt from the requirements of the DG TRR Regulations This change will reduce duplication and inconsistencies with transport requirements under the Dangerous Goods (Explosives) Regulations 2011 and reflects changes made to the Model Regulations. The changes made to the DG TRR Regulations 2018 to reflect this are as follows: mobile processing unit means a vehicle, or a moveable piece of equipment, designed to transport the constituents of a bulk ammonium nitrate based explosive to the place where the explosive will be manufactured and used, but does not include a trailer. The above definition has been added as a consequential amendment to the DG TRR Regulations 2018 to ensure consistency with the Model Regulations. Page 3

4 25 Further exemptions 25 Further exemptions (3) These Regulations do not apply to the transport of by a mobile processing unit for the purpose of manufacturing explosives. A new regulation 25(3) has been inserted to exempt mobile processing units from the DG TRR Regulations Transport of empty dangerous goods packaging This change clarifies transport operations in relation to the transport of empty dangerous goods packaging including concessional arrangements and who has duties in relation to such transport. There are no changes to duty holder requirements which are already contained in Chapter 7.2 of the ADG Code. The changes made to the DG TRR Regulations 2018 to reflect this are as follows: empty dangerous goods packaging means (a) unused prelabelled packaging intended for use with ; or The previous definition has been added to the DG TRR Regulations 2018 as a consequential amendment and to ensure consistency with the Model Regulations. Part 7 Transport operation relating to Division 1 Self reactive substances, organic peroxides and certain other substances Part 7 Transport operation relating to Division 1 Self reactive substances, organic peroxides and certain other substances 95 Application 96 Application (2) This Division also applies to the transport of empty packaging, and a reference in this Division to dangerous goods to which this Division applies includes a reference to empty dangerous goods packaging. A new regulation 96(2) has been inserted to clarify that Part 7 of the DG TRR Regulations 2018 applies to the transport of empty packaging and the concessional requirements in 7.2 of the ADG Code. The change adopts changes made to the Model Regulations. Reference to Chapter 7.2 of the ADG Code has been included throughout Division 1 of Part 7 of the DG TRR Regulations 2018 (regulations 96 98) to clarify who has duties in relation to the transport of empty dangerous goods packaging and to reflect changes to the Model Regulations and ADG Code. (b) packaging that has been used for and is nominally empty. Page 4

5 Terminology update The word Risk has been replaced with Hazard in regulations 30 and 41 and regulations 94(1)(e),107(1)(b) and 149(1)(b) of the DG TRR Regulations 2018 to align to changes made to terminology used in the Model Regulations and ADG Code. The definition Subsidiary Risk has been replaced with Subsidiary Hazard The changes made to the DG TRR Regulations 2018 to reflect the prescribed fees are as follows: Part 4 Packaging Division 2 Suitability and design of packaging Part 4 Packaging Division 2 Suitability and design of packaging There is no change to duty holder requirements. 54 Applications for approval of packaging design 54 Applications for approval of packaging design Prescribed fees Fees have been prescribed in the new DG TRR Regulations 2018 to ensure they meet Victorian Government requirements for full cost recovery as outlined in the Victorian Cost Recovery Guidelines. These fees will apply from 25 October The fee amount is to be calculated by multiplying the number of fee units by the current fee unit value prescribed in the Monetary Units Act The value of a fee unit for each financial year is fixed by the Treasurer. Please refer to the fees table available on the WorkSafe website for the fee amount for the financial year. (2)(c) be accompanied by the prescribed fee (if any). no fee prescribed (2)(c) be accompanied by a fee of fee units for each application for approval of packaging design (non-bulk tanker) or a fee of fee units for each application for approval of packaging design (bulk tanker). Regulation 54(2)(c) of the DG TRR Regulations 2018 has been updated to specify required fee units for bulk tanker and non-bulk tanker design approvals. Duty holders who seek approval of packaging designs for bulk tankers and non-bulk tankers will need to provide the prescribed fee with their application. All other application requirements still apply. Page 5

6 Part 16 Exemptions Part 16 Exemptions Duty holders applying for an administrative determination or approval will need to provide the prescribed fee with their application. All other application requirements still apply. Division 1 General Division 1 General 171 Applications for exemptions (1)(l) be accompanied by the prescribed fee (if any).- no prescribed fee 172 Applications for exemptions (l) be accompanied by a fee of fee units for each application for which an exemption is sought. Regulation 172(1)(l) of the DG TRR Regulations has been updated to specify required fee units for applications for exemptions. Duty holders seeking an exemption will need to provide the prescribed fee with their application. All other application requirements still apply. Part 17 Administrative determinations and approval Division 1 General Part 17 Administrative determinations and approval Division 1 General 175 Applications 176 Applications (2)(b) be accompanied by the prescribed fee (if any). no fee prescribed (2)(b) be accompanied by a fee of fee units for each application for which an administration determination or approval is sought. Regulation 176 of the DG TRR Regulations 2018 has been updated to specify required fee units for applications for an administrative determination or approval. Division 3 driver licences 195 Application for licence (2)(f) the prescribed fee (if any) no fee prescribed Division 3 driver licences 197 Application for licence (2)(f) a fee of 5 77 fee units. Regulation 195 of the DG TRR Regulations 2018 has been updated to specify required fee units for applications for a drivers licence. Duty holders applying for a driver licence will need to provide the prescribed fee with their application. All other application requirements still apply. Division 3 driver licences 201 Application for renewal of licence (2) (f) the prescribed fee (if any) no fee prescribed Division 3 driver licences 203 Application for renewal of licence (2)(f) a fee of 5 49 fee units. Regulation 203 of the DG TRR Regulations 2018 has been updated to specify required fee units for applications for a renewal of a driver licence. Duty holders applying to renew a dangerous goods driver licence will need to provide the prescribed fee with their application. All other application requirements still apply. Page 6

7 Division 4 vehicle licences 209 Application for licence or renewal of licence (4) the application must be accompanied by the prescribed fee (if any) specified in Regulation 244 as $60 Division 4 vehicle licences 211 Application for licence or renewal of licence (4) The application must be accompanied by a fee of 0 98 fee units for each relevant vehicle requiring a licence or a renewal of a licence. Regulation 211 of the DG TRR Regulations 2018 has been updated to specify required fee units for applications or renewal of a vehicle licence. This fee was previously provided for in regulation 244 of the DG TRR Regulations Duty holders applying for or renewing a vehicle licence will now pay a reduced fee when applying for or renewing such licences. All other application requirements still apply. Part 21 Fees 244 Application fee for a dangerous goods vehicle licence Part 21 Fees This Part has been removed. Part 21 Fees of the DG TRR Regulations 2008 has been removed and the information contained in regulation Application fee for a vehicle licence has been included as fee units in regulation 211 of the DG TRR Regulations Page 7

8 Key changes to the ADG Code The following changes made to the ADG Code apply to Victorian duty holders. The ADG Code 7.6 will commence in Victoria on 25 October Clarification of load restraint requirements for bundles of cylinders Section of the ADG Code has been amended to include the term bundle of cylinders which will exempt the restraint of bundles of cylinders from the requirements of the DG TRR Regulations 2018 if they meet requirements of the load restraint guide. This will remove duplication and inconsistencies. Further concessions for the transport of in limited quantities A new section has been inserted into the ADG Code to exempt all personal care products in consumer packaging from the requirements of the DG TRR Regulations 2018 so that these items can be transported as general freight. A new section in the ADG Code provides regulatory concessions for the transport of low risk limited quantity such as household cleaners. Such concessions include reduced labelling and documentation requirements. These changes are contained in ADG Code Edition 7.6 (ADG Code 7.6) available at Further information Further information about the new DG TRR Regulations 2018 can be found on the WorkSafe website at worksafe.vic.gov.au or by contacting the WorkSafe Advisory Service on between 8:30am and 5:00pm, Monday to Friday. Page 8