VersionNo. 005

Dangerous Goods (Storage and Handling) Regulations2012

S.R. No. 132/2012

Version incorporating amendments as at
18 June 2017

TABLE OF PROVISIONS

RegulationPage

1

RegulationPage

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Application

7Incorporation of references

Part 2—Provisions applying generally

8Duties on more than one person

9Exemptions

10Determinations—Classification etc. of certain dangerous goods

11Determination of quantity of dangerous goods

12Compliance with Occupational Health and Safety Regulations

Part 3—Duties of manufacturers and suppliers

Division 1—General duties

Subdivision 1—Determination of dangerous goods

13Determination of dangerous goods

Subdivision 2—Packing, marking and labelling

14Packing—manufacturer and first supplier

15Marking and labelling—manufacturer and first supplier

Subdivision 3—Suppliers generally

16Prohibitions on supply

17Application of regulations 16(a) and (b) to retailers

Division 2—Safety Data Sheets

18Application to C1 combustible liquids

19Preparation of SDS

20SDS under corresponding legislation

21Review and revision of SDS

22Supply of SDS

23Information to registered medical practitioner

Part 4—Duties of occupier

Division 1—Consultation, information and training

24Consultation with workers

25Induction, information, training and supervision

Division 2—Hazard identification

26Identification of hazards

Division 3—Risk control—general duty

27General duty to control risk

28Relationship with Divisions 4 and 5

Division 4—Risk control—specific duties

Subdivision 1—Design

29Design of new premises, plant, processes and systems of work

Subdivision 2—Workers and visitors

30Risk to workers

31Visitors to premises

32Security at premises

Subdivision 3—Stability and interaction of dangerous goods

33Stability

34Isolation

35Interaction with other substances

36Interaction with other plant and processes

Subdivision 4—Plant and structures

37Structures and plant—condition and repair

38Containers for bulk dangerous goods

39Clearing of decommissioned receptacles

40Protection from impact

Subdivision 5—Spill control

41Spill containment

42Transfer of dangerous goods

Subdivision 6—Dangerous atmospheres

43Ignition sources in hazardous areas

44Ventilation and atmospheric emissions

Division 5—Preparedness for incidents and emergencies

Subdivision 1—Manifests

45Manifest to be maintained

46Revision of manifest

Subdivision 2—Placards

47Outer warning placards

48Placarding requirements

49Different location permitted

50Revision

51Placards in place on commencement date

Subdivision 3—Equipment and planning

52Equipment for clean-up

53Fire protection—general

54Fire protection—premises exceeding relevant Fire Protection Quantity

55Planning for emergencies

Division 6—Safety Data Sheets

56Currency and accessibility

Division 7—Marking

57Packages received

58Transfer

59Pipework

Division 8—Register

60Register of dangerous goods

Division 9—Incidents

61Prescription of dangerous goods under section 32 of the Act

62Response to emergencies

63Investigation of incidents

64Risk control following incidents

65Authority may request information

Part 5—Notification

66Notification to Authority

67Authority to acknowledge notification

Part 6—Savings and transitional provisions

68Continuing effect of notifications

Schedule 1—Series of Standards—AS/NZS2106

Schedule 2—Quantities of dangerous goods

Schedule 3—Information to be containedinamanifest

Schedule 4—Placarding requirements

Schedule 5—List of dangerous goods ofUNClass2.2 not exempted from section32of the Act

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Endnotes

1General information

2Table of Amendments

3Amendments Not in Operation

4Explanatory details

1

VersionNo. 005

Dangerous Goods (Storage and Handling) Regulations2012

S.R. No. 132/2012

Version incorporating amendments as at
18 June 2017

1

Endnotes

Dangerous Goods (Storage and Handling) Regulations2012

S.R. No. 132/2012

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to provide for the safe storage and handling of dangerous goods; and

(b)to revoke the Dangerous Goods (Storage and Handling) Interim Regulations 2011.

2Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3Commencement

These Regulations come into operation on 1December 2012.

4Revocation

The Dangerous Goods (Storage and Handling) Interim Regulations 2011[1] are revoked.

5Definitions

In these Regulations—

2011 Regulations means the Dangerous Goods (Storage and Handling) Interim Regulations 2011 as in force immediately before the commencement of these Regulations;

administrative control means controls that use systems of work to eliminate or reduce risk and that do not involve engineering controls or the use of personal protective equipment;

AS 1940:2004means Australian Standard AS1940:2004, "The storage and handling of flammable and combustible liquids", published by Standards Australia in 2004, as amended from time to time;

AS 2700S:2011 (R13)means Australian Standard AS 2700S:2011 (R13), "Colour standards for general purposes—Signal Red", published by Standards Australia in 2011, as amended from time to time;

AS 2700S:2011 (Y11) means Australian Standard AS 2700S:2011 (Y11), "Colour standards for general purposes—Canary", published by Standards Australia in 2011, as amended from time to time;

AS/NZS 2106 means the series of Australian Standards and Australian and New Zealand Standards referred to in Schedule 1, published by Standards Australia in 2005 and jointly by Standards Australia and Standards New Zealand in 1999, as amended from time to time;

AS/NZS 60079.10.1:2009 means Australian andNew Zealand Standard AS/NZS 60079.10.1:2009, "Explosive atmospheres, Part 10.1: Classification of areas—Explosive gas atmospheres", published jointly by Standards Australia and Standards New Zealand in 2009, as amended from time to time;

bulk, in relation to dangerous goods, means any quantity of dangerous goods that is—

(a)in a container with a capacity exceeding 500L or net mass of more than 500kg; or

(b)if the dangerous goods are a solid, an undivided quantity exceeding 500 kg;

C1 combustible liquid means—

(a)liquid dangerous goods that have—

(i)a flash point that is higher than 60C, but not higher than 93C; and

(ii)a fire point that is less than the boiling point; or

(b)a combustible liquid that is declared under regulation 10 to be a C1 combustible liquid for the purposes of these Regulations;

capacity, in relation to a container, means the internal volume expressed in litres of a container at 15oC;

Reg. 5 def. of Class revokedby S.R. No. 91/2015 reg.104(a).

*****

Reg. 5 def. of Class label amendedby S.R. No. 91/2015 reg.107(1).

Class label means a label of a type specified in the ADG Code for the UNClass of dangerous goods;

combustible liquid means any liquid dangerous goods with a flash point higher than 60C;

commencement daymeans 1 December 2012;

compatible,in relation to 2 or more substances or items, means that they will not react together to cause a fire, explosion, harmful reaction or the evolution of flammable, corrosive or toxic vapours;

consumer packagemeans a package that is intended for retail display and sale;

control temperature means the maximum temperature at which dangerous goods can be safely stored and handled as specified or determined by, or in accordance with—

(a)"Recommendations on the Transport of Dangerous Goods—Manual of Tests and Criteria", 5th Revised Edition, published by the United Nations in 2009, as amended from time to time; and

(b)Part 2 of the ADG Code;

Reg. 5 def. of current MSDS revoked by S.R. No. 22/2017 reg.564(d).

*****

Reg. 5 def. of current SDS inserted by S.R. No. 22/2017 reg.564(c).

current SDS means the most recent SDS that complies with regulation 19 or 20 and, if applicable, has been reviewed and revised inaccordance withregulation 21;

dangerous goods in transit means dangerous goods that—

(a)are supplied to premises in containers that are not opened at the premises; and

(b)are not used at the premises; and

(c)are kept at the premises for a period of not more than 5 consecutive days;

emergency means an event that exposes a person or property in the vicinity of the event to an immediate risk through—

(a)an explosion, fire, harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(b)the escape, spillage or leakage of any dangerous goods;

emergency services authority, in relation to any premises where dangerous goods are stored and handled, means—

(a)the Metropolitan Fire and Emergency Services Board; or

(b)the Country Fire Authority—

whichever is appropriate to the location of the premises;

employer has the same meaning as in the Occupational Health and Safety Act 2004;

fire pointhas the same meaning as in AS1940:2004;

fire protection system, in relation to premises, means the fire protection equipment and fire fighting equipment used to combat or mitigate any emergency occurring at the premises;

Reg. 5 def. of fire risk dangerous goodsamendedby S.R. No. 91/2015 regs105(1), 107(1).

fire risk dangerous goodsmeans dangerous goods of UNClass 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2 or dangerous goods of Subsidiary Risk 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2;

first supplier, in relation to goods referred to in regulation 13 or dangerous goods, means a person who—

(a)has not manufactured the goods in Victoria; and

(b)is, or intends to be, the first person to supply the goods in Victoria to another person;

Example

A person who imports the goods into Victoria from overseas or interstate.

flash point means the temperature at which a liquid first evolves vapour in a sufficient quantity to be ignited when tested in accordance with—

(a)AS/NZS 2106;or

(b)a technical standard that specifies a test that is equivalent to that specified in AS/NZS 2106;

Reg. 5 def. of GHS amended by S.R. No. 56/2014 reg.5, substituted by S.R. No. 22/2017 reg.564(a).

GHS has the same meaning as in the Occupational Health and Safety Regulations 2017;

goods too dangerous to be transported has the same meaning as in regulation 39 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

handlingincludes—

(a)conveying the dangerous goods within premises, including within pipework; and

(b)manufacturing, processing, using, treating, dispensing, packing, supplying, transferring, rendering harmless, disposing of or destroying thedangerous goods;

hazard means any thing, activity, occurrence or circumstance of any kind that has the potential to cause injury to persons or damage to property by—

(a)an explosion, fire, harmful reaction or the evolution of flammable, corrosive or toxic vapours involving dangerous goods; or

(b)the escape, spillage or leakage of any dangerous goods;

hazard classmeans the nature of a physical, health or environmental hazard under the GHS;

hazardous areahas the same meaning as in AS/NZS 60079.10.1:2009;

Reg. 5 def. of hazardous substance amended by S.R. No. 22/2017 reg.564(b).

hazardous substancehas the same meaning asinthe Occupational Health and Safety Regulations 2017;

health and safety representative means a person who has been elected as a health and safety representative under Part 7 of the Occupational Health and Safety Act 2004 and who has not ceased to be a health and safety representative;

IBC (intermediate bulk container) has the samemeaning as in regulation 11 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

ignition source means a source of energy sufficient to ignite a flammable atmosphere and includes—

(a)a naked flame, exposed incandescent material, an electrical welding arc or a mechanical or static spark; and

(b)any electrical or mechanical equipment that is not specifically designed to be used in a hazardous area;

incident means—

(a)an emergency; or

(b)an unintended event that, but for the intervention of a risk control measure or human intervention, is likely to result in an emergency;

inner packaging, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

isolation, in relation to the isolation of dangerous goods from a person, property or thing, means the physical separation of the dangerous goods from the person, property or thing by either distance or a physical barrier;

Reg. 5 def. of MSDS revoked by S.R. No. 22/2017 reg.564(d).

*****

package has the same meaning as in regulation51(1) of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

packaged dangerous goods means dangerous goods, goods too dangerous to be transported or C1 combustible liquids, that are in a container with a net capacity of not more than 500 L or a net mass of not more than 500kg;

packaging has the same meaning as in regulation51(2) of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

Example

Inner, outer and composite packaging, overpacks, large packaging, IBCs, tanks, bulk and freight containers, drums, barrels, jerry cans, boxes and bags.

Packing Group has the same meaning as in regulation 42 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

pipework, in relation to dangerous goods, means—

(a)a pipe or an assembly of pipes; and

(b)associated pipe fittings, valves and pipe accessories—

used to convey dangerous goods;

plantincludes—

(a)any machinery, equipment, appliance, implement and tool; and

(b)any component of any of those things; and

(c)anything fitted, connected or related to any of those things;

pool chlorine means calcium hypochlorite, dichloroisocyanuric acid and its salts or trichloroisocyanuric acid;

premises has the same meaning as in the Act, but does not include a vehicle or boat;

product name, in relation to dangerous goods, means the brand name or trade name given to dangerous goods by the manufacturer or any supplier of the dangerous goods;

proper shipping name has the same meaning as in the ADG Code;

reasonably practicable means reasonably practicable having regard to—

(a)the likelihood of the hazard or risk concerned eventuating; and

(b)the degree of harm that would result if the hazard or risk eventuated; and

(c)what the person concerned knows, or ought reasonably to know, about the hazard or risk and any ways of eliminating or reducing the hazard or risk; and

(d)the availability and suitability of ways to eliminate or reduce the hazard or risk; and

(e)the cost of eliminating or reducing the hazard or risk;

receptacle, in relation to dangerous goods, means a container, plant, pipework or any other thing that can contain dangerous goods;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

Safe Work Australiameans Safe Work Australia as established under section 5 of the Safe Work Australia Act 2008 of the Commonwealth;

Reg. 5 def. of SDSinserted by S.R. No. 22/2017 reg.564(c).

SDS means a Safety Data Sheet;

stabiliser, in relation to dangerous goods, means any substance (including any diluent, inhibitor, desensitiser, phlegmatizer, solvent, wetting agent or adulterant) added to, or present in, dangerous goods that overcomes the chemical instability inherent in the dangerous goods;

Reg. 5 def. of Subsidiary Risk insertedby S.R. No. 91/2015 reg.104(b).

Subsidiary Risk has the same meaning as in regulation 41 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

Reg. 5 def. of subsidiary risk revokedby S.R. No. 91/2015 reg.104(a).

*****

Reg. 5 def. of Subsidiary Risk label insertedby S.R. No. 91/2015 reg.104(b).

Subsidiary Risk label, in relation to dangerous goods, means a label of a type specified in the ADG Code for the Subsidiary Risk of the dangerous goods;

Reg. 5 def. of subsidiary risk label revokedby S.R. No. 91/2015 reg.104(a).

*****

tank, in relation to dangerous goods, means a container, other than an IBC, that is used or designed to be used to transport, store or handle dangerous goods in the form of a gas or a liquid in bulk and includes fittings, closures and any other equipment that form part of the container;

the Act means the Dangerous Goods Act 1985;

Reg. 5 def. of UN Classinsertedby S.R. No. 91/2015 reg.104(b).

UN Class, in relation to dangerous goods, has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;

underground tank means a permanent tank that is wholly or partially located beneath the ground;

UN Number or UN No. has the same meaning as in the ADG Code;

workplacemeans any place, whether or not in a building or structure, where persons work who are employed under a contract of employment or a contract of training or who are self-employed persons.

6Application

These Regulations do not apply to—

(a)dangerous goods that are explosives;

(b)dangerous goods that are used in the manufacture of explosives in accordance with Part 3 of the Dangerous Goods (Explosives) Regulations 2011;

(c)dangerous goods that are batteries while they are in use;

(d)dangerous goods in a fuel container that is fitted to a vehicle or boat;

(e)dangerous goods in the form of an appliance or plant that forms part of a vehicle or boat and is necessary for its operation;

(f)dangerous goods in the fuel container of a domestic or portable fuel burning appliance;

(g)dangerous goods that are combustibleliquids other than C1 combustible liquids;

(h)dangerous goods in portable fire fighting equipment, portable safety equipment or portable medical equipment for use at the premises;

(i)asbestos designated by UN 2212 or UN2590;

(j)a receptacle in respect of which an occupier has complied with regulation 39;

(k)the following dangerous goods at premises that are not a workplace—

Reg. 6(k)(i) amendedby S.R. No. 91/2015 reg.107(2).

(i)compressed gas of UNClass 2.1, UNClass 2.2 or compressed oxygen if—

(A)each is in one or more containers with an aggregate capacity of not more than 50 L; and

(B)the dangerous goods as a whole form part of a welding set or are used or intended to be used with a portable flame torch;

(ii)compressed oxygen or air that is used or intended to be used for medical purposes;

Reg. 6(k)(iii) amendedby S.R. No. 91/2015 reg.107(3).

(iii)dangerous goods of UNClass 3 in an aggregate quantity of not more than250L;

(iv)pool chlorine and spa sanitising agents in an aggregate quantity of not more than 100 kg or L;

(v)sodium hypochlorite designated by UN1791 in an aggregate quantity of not more than 100 kg or L;

Reg. 6(k)(vi) amendedby S.R. No. 91/2015 reg.107(3).

(vi)UNClass 9 dangerous goods in an aggregate quantity of not more than100kg or L;

(vii)dangerous goods of Packing Group 1 inan aggregate quantity of not more than 5 kg or L;

(viii)C1 combustible liquids in an aggregate quantity of not more than 1000 L;

Reg. 6(k)(ix) amendedby S.R. No. 91/2015 reg.107(3).

(ix)any other dangerous goods (not including dangerous goods of UNClass2.3) in an aggregate quantity of not more than 100 kg or L;

(l)dangerous goods that are declared to be HCDG and have no UN Number;

(m)dangerous goods specified in a determination by the Authority under regulation 10(1)(c).

7Incorporation of references

(1)If any provision of a document is incorporated or adopted by these Regulations, the application, adoption or incorporation does not—

(a)include any requirement for approval from the Authority in relation to the storage and handling of dangerous goods; or

(b)permit any departure from the requirements of the document incorporated or adopted at the sole discretion of a person to whom those requirements apply.

(2)If the effect of an amendment to any document incorporated or adopted by these Regulations is—

(a)to prohibit an activity, process or thing, the amendment takes effect on the day after it is published, or on any later date specified in the document by which the amendment was made; and

(b)to impose a new obligation or to alter an existing obligation under these Regulations, a person may choose to comply with these Regulations as if the amendment had not been made until the expiry of 12 months after the date the amendment takes effect.

(3)If a provision of any document incorporated or adopted by these Regulations is inconsistent with any provision of these Regulations, the provision of these Regulations prevails.

Reg. 7(4) substituted by S.R. Nos 56/2014 reg.6, 22/2017 reg.565.

(4) In complying with the GHS, if more than onerevised edition is referred to in the definition of GHS a person may use any of those revised editions, but not a combination of those editions.

Part 2—Provisions applying generally

8Duties on more than one person

If, under these Regulations, a duty is placed on more than one person or class of person, the duty must be undertaken by each person or each person in that class only in relation to those matters in respect of which the person has management or control, whether or not any other person is also responsible for undertaking the duty.

9Exemptions

(1)The Authority may exempt a person or premises or an activity or other thingor a class of person or premises or activity or other thing from any or all of the provisions of these Regulations.