Queensland Subordinate Legislation as Made

TRANSPORT INFRASTRUCTURE (DANGEROUS GOODS BY RAIL) REGULATION 2018

- Made under the Transport Infrastructure Act 1994
- As at 27 July 2018
- Reg 105 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introductory and application

   1.      Short title
   2.      Commencement
   3.      Main purposes of this regulation
   4.      Matters prescribed for particular exempt transport—Act, s 440
   5.      Special provisions for tools of trade and dangerous goods for private use

           Division 2 - Interpretation

   6.      Definitions
   7.      Applying ADG Code to this regulation
   8.      References to codes, standards and rules
   9.      Inconsistency between regulation and other instruments
   10.     References to determinations, exemptions or approvals
   11.     References to amendment of particular instruments
   12.     References to load
   13.     Meaning of bulk container
   14.     Meaning of intermediate bulk container
   15.     Meaning of multiple-element gas container
   16.     Meaning of tank
   17.     When dangerous goods are packed in limited quantities

           Division 3 - Instruction and training

   18.     Instruction and training

           Division 4 - Goods suspected of being dangerous goods or goods too dangerous to be transported

   19.     Goods suspected of being dangerous goods or goods too dangerous to be transported

           Division 5 - Determinations

   20.     Determinations about dangerous goods and packaging
   21.     Determinations about vehicles, routes, areas and other matters
   22.     Administrative determinations
   23.     Determinations may be subject to conditions
   24.     Effect of determinations on contrary obligations under this regulation
   25.     Register of determinations
   26.     Records of determinations
   27.     Offence to do anything prohibited or regulated by determinations

           Division 6 - Non-participating jurisdictions

   28.     Declaration of non-participating dangerous goods jurisdictions

   PART 2 - KEY CONCEPTS

   29.     Dangerous goods—Act, sch 6, definition dangerous goods
   30.     Goods too dangerous to be transported—Act, sch 6, definition goods too dangerous to be transported
   31.     UN classes, UN divisions and categories of dangerous goods
   32.     Subsidiary hazards
   33.     Packing groups
   34.     Incompatibility

   PART 3 - TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISIONS APPLY

   35.     Application of part
   36.     Definition for part
   37.     Duty of consignors
   38.     Duty of packers
   39.     Duty of loaders
   40.     Duty of prime contractors and rail operators

   PART 4 - PACKAGING

           Division 1 - General

   41.     Packing of dangerous goods in limited quantities
   42.     References to part 4 of the ADG Code include dangerous goods list requirements

           Division 2 - Suitability and design of packaging

   43.     Unsuitability of packaging for transport
   44.     Marking packaging
   45.     Applications for approval of packaging designs
   46.     Approval of packaging designs
   47.     Recognised testing facilities
   48.     Test certificates and reports
   49.     Approval of overpack preparation methods
   50.     Authorised entity may give approvals

           Division 3 - Prohibition on the sale or supply of noncompliant packaging

   51.     Offence to sell or supply noncompliant packaging

           Division 4 - Offences about general packaging

   52.     Definition for division
   53.     Duty of consignors
   54.     Duties of packers
   55.     Duty of loaders
   56.     Duty of prime contractors and rail operators

           Division 5 - Offences about other packaging

   57.     Definitions for division
   58.     Attaching compliance plates to particular packaging
   59.     Duties of manufacturers about compliance plates for portable tanks, MEGCs and tank vehicles
   60.     Duty of owners of portable tanks, demountable tanks, MEGCs and tank vehicles
   61.     Duties of consignors
   62.     Duties of packers
   63.     Duty of loaders
   64.     Duties of prime contractors and rail operators
   65.     Duties of drivers

           Division 6 - Offences about overpacks

   66.     Duty of consignors
   67.     Duty of packers
   68.     Duty of loaders
   69.     Duty of prime contractors and rail operators
   70.     Duty of drivers

           Division 7 - Chief executive’s performance testing powers

   71.     Requiring packaging for testing
   72.     Requiring evidence of performance tests

   PART 5 - CONSIGNMENT PROCEDURES

           Division 1 - Marking and labelling

   73.     Meaning of appropriately marked
   74.     Reference to label includes placard
   75.     Duties of consignors
   76.     Duties of packers
   77.     Duties of prime contractors and rail operators

           Division 2 - Placarding

   78.     When loads must be placarded
   79.     Meaning of placards and appropriately placarded
   80.     Duties of consignors
   81.     Duties of loaders
   82.     Duties of prime contractors and rail operators

   PART 6 - SAFETY STANDARDS FOR VEHICLES AND EQUIPMENT

   83.     Duty of owners
   84.     Duty of consignors
   85.     Duty of loaders
   86.     Duty of prime contractors and rail operators

   PART 7 - TRANSPORT OPERATIONS FOR PARTICULAR DANGEROUS GOODS

           Division 1 - Self-reactive substances, organic peroxides and particular other substances

   87.     Application of division
   88.     Duty of consignors
   89.     Duty of loaders
   90.     Duties of prime contractors and rail operators

           Division 2 - Goods too dangerous to be transported

   91.     Application of division
   92.     Duty of loaders
   93.     Duty of prime contractors and rail operators
   94.     Duty of drivers

   PART 8 - STOWAGE AND RESTRAINT

   95.     Duties of consignors
   96.     Duties of loaders
   97.     Duties of prime contractors and rail operators

   PART 9 - SEGREGATION, SEPARATION AND MARSHALLING

           Division 1 - Application

   98.     Application of part
   99.     Exception for particular goods for driver’s personal use

           Division 2 - Segregation

   100.    Loads on rail wagons
   101.    Duty of consignors
   102.    Duty of loaders
   103.    Duty of prime contractors
   104.    Duty of rail operators
   105.    Duty of drivers
   106.    Approval of methods of segregation
   107.    Approval of design of type II segregation devices

           Division 3 - Separation and marshalling

   108.    Duties of rail operators
   109.    Duties of loaders
   110.    Separation and marshalling approvals

   PART 10 - CARRIAGE OF DANGEROUS GOODS ON PASSENGER TRAINS

   111.    Duty of prime contractors and rail operators
   112.    Duties of passengers

   PART 11 - BULK TRANSFER OF DANGEROUS GOODS

           Division 1 - General

   113.    Definition for part

           Division 2 - Equipment and transfer

   114.    Definitions for division
   115.    Duties of transferors—hose assemblies
   116.    Duties of transferors—general
   117.    Duties of occupiers
   118.    Duties of prime contractors
   119.    Duty of rail operators

           Division 3 - Filling ratio and ullage

   120.    Application of division
   121.    Duties of transferors
   122.    Duties of prime contractors and rail operators
   123.    Duties of drivers

   PART 12 - DOCUMENTATION

           Division 1 - Transport documentation

              Subdivision 1 - False or misleading information

   124.    False or misleading information

              Subdivision 2 - Requirements about transport documentation

   125.    Duty of consignors
   126.    Duties of prime contractors
   127.    Duty of rail operators
   128.    Duties of drivers

           Division 2 - Emergency information

   129.    Definition for division
   130.    Duty of consignors
   131.    Duty of prime contractors
   132.    Duty of rail operators
   133.    Duties of drivers
   134.    Approval of emergency information

           Division 3 - Prior notice for specific dangerous goods

   135.    Duty of consignors
   136.    Duty of rail operators
   137.    Duty of prime contractors

   PART 13 - PROCEDURES DURING TRANSPORT

           Division 1 - Immobilised rail vehicles

   138.    Duty of drivers
   139.    Duty of rail operators

           Division 2 - Unloading at unattended places

   140.    Duty of rail operators

   PART 14 - EMERGENCIES

           Division 1 - Emergencies generally

   141.    Duties of drivers and rail operators for dangerous situation
   142.    Duties of prime contractors and rail operators—food or food packaging
   143.    Duties of prime contractors and rail operators to inform chief executive

           Division 2 - Emergencies involving placard loads

   144.    Telephone advisory service
   145.    Emergency plans
   146.    Duties of consignors—information and resources
   147.    Duties of prime contractors—information and resources
   148.    Duties of rail operators—information and resources

   PART 15 - ADMINISTRATIVE MATTERS

           Division 1 - Provisions about registers

   149.    Registers to which this division applies
   150.    Registers may be kept by computer
   151.    Inspection of registers

           Division 2 - Recommendations by chief executive and dangerous goods authorities

   152.    Recommendations by chief executive
   153.    Recommendations by dangerous goods authorities

           Division 3 - Mutual recognition of determinations, exemptions and approvals

   154.    Chief executive may refer corresponding decisions to competent authorities panel
   155.    Corresponding determinations
   156.    Corresponding exemptions
   157.    Corresponding approvals

   PART 16 - EXEMPTIONS

           Division 1 - Purpose of part

   158.    Purpose of part

           Division 2 - General matters about exemptions

   159.    Applications for exemptions
   160.    Exemption notice to be kept
   161.    Register of exemptions
   162.    Records of exemptions

           Division 3 - Referring matters to the competent authorities panel

   163.    Referring matters to the competent authorities panel
   164.    Effect of competent authorities panel decisions about exemptions
   165.    Effect of the competent authorities panel decisions about amending, suspending or cancelling exemptions

   PART 17 - ADMINISTRATIVE DETERMINATIONS AND APPROVALS

           Division 1 - General

   166.    Applications
   167.    Form of administrative determinations and approvals
   168.    When administrative determinations and approvals not to be made
   169.    Reasons for refusal of applications
   170.    Periods and conditions
   171.    Replacement administrative determinations and approvals

           Division 2 - Register of approvals

   172.    Register of approvals
   173.    Records of approvals

           Division 3 - Referring matters to the competent authorities panel

   174.    Referring matters to the competent authorities panel
   175.    Effect of competent authorities panel decisions about particular matters
   176.    Effect of competent authorities panel decisions about amending, suspending or cancelling approvals or administrative determinations

           Division 4 - Amendment, suspension or cancellation of administrative determinations

   177.    Amending, suspending or cancelling administrative determinations

   PART 18 - REVIEW OF DECISIONS

   178.    Internal review of decisions
   179.    External review of decisions

   PART 19 - FEES

   180.    Fees

   PART 20 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   181.    Repeal

           Division 2 - Transitional provisions

              Subdivision 1 - General provisions

   182.    Definition for division
   183.    References to repealed regulation
   184.    Lawful conduct under previous law

              Subdivision 2 - Determinations

   185.    Continuing effect of particular determinations
   186.    Existing applications for administrative determinations
   187.    Existing applications for amendments of administrative determinations

              Subdivision 3 - Approvals

   188.    Continuing effect of particular approvals
   189.    Existing applications for particular approvals
   190.    Existing applications for amendments of particular approvals

              Subdivision 4 - Exemptions

   191.    Existing exemptions
   192.    Existing applications for exemptions

              Subdivision 5 - Particular existing requirements

   193.    Particular existing requirements continue
   194.    Requirements relating to particular incidents continue

              Subdivision 6 - Permissions and directions

   195.    Continuing effect of particular permissions
   196.    Continuing effect of particular directions

              Subdivision 7 - Existing recommendations

   197.    Existing recommendations by chief executive
   198.    Existing recommendations by dangerous goods authority

              Subdivision 8 - Existing referrals

   199.    Existing referrals by chief executive

              Subdivision 9 - Reviews

   200.    Definition for subdivision
   201.    Internal reviews about particular decisions
   202.    External reviews about particular decisions

   PART 21 - AMENDMENT OF STATUTORY INSTRUMENTS REGULATION 2012

   203.    Regulation amended
   204.    Amendment of sch 1 (Statutory instruments that are subordinate legislation)
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3