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 60C, but not higher than 93C; 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).
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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 60C;
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).
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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.