AustLII Tasmanian Numbered Acts

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DANGEROUS GOODS ACT 1998 (NO. 6 OF 1998) - SECT 7

PART 2 - Regulations Regulation-making powers and adoption of codes, &c.

(1)  The Governor may make regulations prescribing matters –
(a) required or permitted to be prescribed by this Act; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, the regulations may make provision relating to the following:
(a) types and categories of dangerous goods and methods for determining types and categories of dangerous goods;
(b) the analysis and testing of dangerous goods and the taking of samples for that purpose;
(c) goods too dangerous to be transported or too dangerous to be transported in bulk;
(d) fees that are to be paid for things done under this Act;
(e) the marking or placarding of packages and unit loads containing dangerous goods and the placarding of places, premises, containers and vehicles at or in which dangerous goods are handled;
(f) containers and packaging and materials used in the handling of dangerous goods;
(g) the manufacture of vehicles, pipelines, containers and other equipment used in the handling of dangerous goods;
(h) the construction or modification of premises used for the storage or other handling of dangerous goods;
(i) the accreditation of persons involved in the handling of dangerous goods or in the installation, repair or alteration of equipment used in the handling of dangerous goods;
(j) the loading and unloading of dangerous goods;
(k) the sale, supply and distribution of dangerous goods;
(l) the sale, supply and installation of equipment used in the handling of dangerous goods;
(m) the design, installation, alteration, repair and disposal of any equipment for containing, supplying or consuming dangerous goods;
(n) the import and export of dangerous goods to and from Tasmania;
(o) the establishment, maintenance and management of public magazines;
(p) the determination of places at which, premises in which, routes along which, the areas in which and the times during which dangerous goods may or may not be handled;
(q) procedures for the handling of dangerous goods including, but not limited to –
(i) the quantities and circumstances in which dangerous goods, or particular types of dangerous goods, may be handled; and
(ii) the disposal or abandonment of dangerous goods or of equipment used in the handling of dangerous goods; and
(iii) safety information, procedures and equipment; and
(iv) hazard identification and risk management; and
(v) the preparation, implementation, testing and review of emergency management plans; and
(vi) obligations arising, and procedures to be followed, in the event of a dangerous situation; and
(vii) controls in relation to the stability or integrity of dangerous goods;
(r) the licensing of –
(i) persons for the purposes of the handling of dangerous goods; and
(ii) premises, vehicles and equipment used in the handling of dangerous goods;
(s) additives to dangerous goods;
(t) the form of applications, notices, licences and other documents for the purposes of the regulations;
(u) the approval of –
(i) packages, containers, equipment and other items used in the handling of dangerous goods; and
(ii) facilities for and methods of testing or using packages, containers, equipment and other items used, and processes carried out, in the handling of dangerous goods;
(v) documents required to be prepared or kept by persons involved in the handling of dangerous goods and the approval of alternative documentation;
(w) the training and qualifications required of –
(i) authorised officers and other persons performing functions under this Act; and
(ii) persons involved in, and the approval of training courses and qualifications relating to involvement in, the handling of dangerous goods;
(x) the recognition of laws of other jurisdictions relating to the handling of dangerous goods and of things done under those laws, and the giving of effect to those things;
(y) the reconsideration and review of decisions under this Act;
(z) infringement notices, and the documents and costs relating to infringement notices.
(3)  The regulations may apply, adopt or incorporate all or any of the provisions of a code, standard, guideline or rule relating to dangerous goods or to the handling of dangerous goods and those provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time.
(4)  The regulations may, by reference to such a code, standard, guideline or rule –
(a) prescribe a substance or article as being dangerous goods; or
(b) prescribe various types of dangerous goods, including goods that are too dangerous to be transported, and methods for deciding which dangerous goods fall into each type.
(5)  The regulations may prescribe a law of another State, or of a Territory, that relates to the manufacture, transport or other handling of dangerous goods as being a corresponding law for the purposes of this Act.
(6)  The regulations may –
(a) be of limited or general application; and
(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(c) authorise any matter to be determined, applied or regulated by the Minister or a Competent Authority.



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