New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - REG 328

Application of Part 7.1

328 Application of Part 7.1

(1) This Part applies to--
(a) the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace, and
(b) a pipeline used to convey a hazardous chemical.
(1A) This Part applies to the handling or storage of dangerous goods listed in Column 2 of the Table to this subclause, other than at a workplace, if the quantity of the dangerous goods is more than the relevant threshold referred to in Column 3 of that Table.

Table

Column 1 Column 2 Column 3
Item Dangerous goods Threshold quantities
1 Liquefied Petroleum Gas (LP gas) (dangerous goods Class 2.1) If the LP gas is stored in packages outside a building, and connected by piping to appliances within the building that contain the gas--500 L (water capacity)
2 Compressed gas of Class 2.1 (excluding LP gas), Class 2.2 or compressed oxygen if-- (a) each is in one or more containers in an aggregate capacity not exceeding 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.Compressed oxygen or air that is used or intended to be used for medical
3 Dangerous goods Class 3 250 L
4 Pool Chlorine and spa sanitising agents 100 kg or L
5 Sodium Hypochlorite designated by UN Number 1791 100 L
6 Dangerous goods Class 9 100 kg or L
7 Dangerous goods Packing Group 1 5 kg or L
8 C1 combustible liquids 1000 L
9 Dangerous goods Class 2.3 Nil kg or L
10 Any dangerous goods other than those stated above 100 kg or L
(2) This Part does not apply to a pipeline that is regulated under the Gas Supply Act 1996 , the Petroleum (Offshore) Act 1982 or the Pipelines Act 1967 .
(3) This Part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under any of the following--
(a) the Dangerous Goods (Road and Rail Transport) Act 2008 and the regulations under that Act,
(b) the document entitled " International Maritime Dangerous Goods Code " published by the International Maritime Organization, copies of which are available for inspection at the offices of the regulator,
(c) the document entitled " Technical Instructions for the Safe Transport of Dangerous Goods by Air " published by the International Civil Aviation Organization, copies of which are available for inspection at the offices of the regulator,
(d) the document entitled " Dangerous Goods Regulations " published by the International Air Transport Association, copies of which are available for inspection at the offices of the regulator.
(4) This Part does not apply to the following hazardous chemicals in the circumstances described--
(a) hazardous chemicals in batteries when incorporated in plant,
(b) fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device,
(c) fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25 kilograms or 25 litres,
(d) hazardous chemicals in portable firefighting or medical equipment for use in a workplace,
(e) hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers,
(f) potable liquids that are consumer products at retail premises.
(5) This Part, other than the following clauses and Schedule 7, does not apply to substances, mixtures or articles categorised only as explosives under the GHS--
(a) clause 329,
(b) clause 330,
(c) clause 339,
(d) clause 344,
(e) clause 345.
(6) This Part does not apply to the following--
(a) food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption,
(b) tobacco or products made of tobacco,
(c) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth at the point of intentional intake by or administration to humans,
(d) veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.
(7) In this Part,
"Agvet Code" means the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth.



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