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DANGEROUS GOODS ACT 1985 - SCHEDULE 2

Schedule 2––Subject-matter for regulations

Section 52(1)

    1     The classification of dangerous goods.

Sch. 2 cl. 2 substituted by No. 82/2001 s. 33.

    2     Prohibiting or regulating the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of dangerous goods.

Sch. 2 cl. 3 substituted by No. 82/2001 s. 33.

    3     Prohibiting the manufacture, storage, supply, installation, transfer, transport, sale, resale, use or reuse of dangerous goods in particular circumstances, or otherwise than in accordance with specified conditions.

    4     The employment or prohibition of the employment of persons under a specified age in or in connexion with the manufacture, storage, transfer, transport, sale or use of dangerous goods.

    5     The maximum quantities of dangerous goods which may be sold to any person at any one time.

    6     Prohibiting the sale of dangerous goods to any person under the age of eighteen years.

    7     Prohibiting or controlling the use of dangerous goods.

    8     Prescribing any premises as a place where dangerous goods may be stored by the public.

    9     The odorization, denaturation or stabilization of dangerous goods.

    10     Standards of quality for dangerous goods and the methods to be used in determining the quality of dangerous goods.

    11     Methods and apparatus to be used in determining the physical or chemical properties of dangerous goods.

    12     Any act, matter or thing in, at or on any premises used or intended to be used for or in connexion with the manufacture, storage, transfer or sale of dangerous goods.

Sch. 2 cl. 13 amended by No. 82/1995 s. 193(a).

    13     The conditions under which dangerous goods may be loaded onto or into or transported in or discharged from or unloaded from any vehicle, ship or boat.

Sch. 2 cl. 13A inserted by No. 82/1995 s. 193(b).

    13A     The conditions under which dangerous goods may be transferred on or transferred from any ship or boat.

    14     The maximum quantities of dangerous goods which may be transported at any one time on a vehicle and prohibiting or controlling the transport on a vehicle of different dangerous goods at any one time.

Sch. 2 cl. 14A inserted by No. 66/2008 s. 28(1)(a).

    14A     The determination of routes along which, the areas in which and the times during which dangerous goods may or may not be transported.

    15     Prohibiting or regulating the transfer of dangerous goods to, in or into containers.

    16     Prohibiting or regulating the presence of different dangerous goods in a container at any one time.

    17     Prohibiting or regulating the manufacture or sale of any containers used or intended to be used for or in connexion with dangerous goods.

    18     Standards of construction, material, efficiency, performance, safety and mode of installation, maintenance, modification, repair, handling and care of any containers, piping, fittings, appliances and equipment used or intended to be used for or in connexion with dangerous goods.

    19     The specifications of any vehicles or the equipment to be provided on vehicles used for or in connexion with the transport of dangerous goods.

    20     Limiting the size of any containers used or intended to be used for holding dangerous goods or the degree to which any containers may hold dangerous goods.

    21     Prescribing the strength, construction and character of packages used or intended to be used to contain dangerous goods, the method of packing, marking or labelling the packages and the maximum quantities and kinds of dangerous goods which may be in any one package.

    22     The mode of construction of any building or structure used or intended to be used for or in connexion with the manufacture, storage, transfer or sale of dangerous goods and requiring the installation and operation of prescribed apparatus or equipment for collecting or preventing the accumulation of dusts, vapours, fumes and gases from dangerous goods.

Sch. 2 cl. 23 amended by No. 13/1996 s. 22(t)(i).

    23     Requiring drawings, plans, specifications or calculations to be submitted to the Authority in respect of any premises, vehicle, boat, container, equipment, piping, appliance or fitting used or intended to be used for or in connexion with dangerous goods, the nature of such drawings, plans, specifications or calculations and the circumstances in which they are to be submitted.

    24     Prescribing the qualifications to be held by persons who install, alter, modify, repair or remove equipment, piping, fittings or appliances used in connexion with dangerous goods in, on or at specified premises, vehicles, boats or containers and prohibiting such installation, alteration, modification, repair or removal by persons not suitably qualified under this Act.

    25     The qualifications to be held or the medical or competency tests to be passed by the driver of a vehicle used for the transport—

              (i)     of dangerous goods in a quantity greater than a prescribed quantity; or

              (ii)     of containers containing or enclosing dangerous goods where the containers are of a prescribed class, size or capacity.

Sch. 2 cl. 25A inserted by No. 66/2008 s. 28(1)(b).

    25A     Voluntary accreditation schemes, including privileges to be accorded or sanctions to be imposed under the schemes and the cancellation or suspension of the schemes.

Sch. 2 cl. 25B inserted by No. 66/2008 s. 28(1)(b).

    25B     The requirement for mandatory accreditation of persons involved in the transport of dangerous goods or particular aspects of that transport.

Sch. 2 cl. 26 amended by No. 13/1996 s. 22(t)(ii).

    26     Prohibiting a person from driving or being in charge of a specified type of vehicle used for or in connexion with the transport of dangerous goods unless the person is registered by the Authority and possesses the prescribed qualifications.

    27     Requiring licences to be obtained by persons in relation to—

Sch. 2 cl. 27(a) substituted by No. 67/2004 s. 15(a).

        (a)     the manufacture, storage, sale, use, handling or transfer of dangerous goods;

        (b)     the transport of dangerous goods;

        (c)     the carrying out of work in respect of the installation, alteration, repair, maintenance or testing of equipment, piping, fittings or appliances which is or are used or intended to be used for or in connexion with dangerous goods;

        (d)     the import of explosives into Victoria;

        (e)     the sale of explosives; or

        (f)     the assembling and blending of the inexplosive component parts of any prescribed explosive mixture—

        and prescribing the conditions to be complied with before licences can be issued.

Sch. 2 cl. 27AA inserted by No. 66/2008 s. 28(1)(c).

    27AA     Providing for the licensing of—

        (a)     vehicles and drivers for the purpose of the transport of dangerous goods; and

        (b)     persons responsible for the transport of dangerous goods or for vehicles used in that transport.

Sch. 2 cl. 27AB inserted by No. 66/2008 s. 28(1)(c).

    27AB     Providing for the amendment, suspension or revocation of a licence to which clause 27 or 27AA applies.

Sch. 2 cl. 27A inserted by No. 67/2004 s. 15(b).

    27A     Without limiting any other powers to make regulations about dangerous goods

        (a)     prohibiting or regulating the import, export, supply or disposal of high consequence dangerous goods;

        (b)     prohibiting the import, export, supply or disposal of high consequence dangerous goods in particular circumstances, or otherwise than in accordance with specified conditions;

        (c)     requiring licences to be obtained by persons in relation to the import, export, supply or disposal of high consequence dangerous goods;

        (d)     authorising licences to be issued with respect to all or any activity concerning high consequence dangerous goods required to be licensed;

        (e)     the employment or prohibition of the employment of persons under a specified age in or in connexion with the import, export, supply or disposal of high consequence dangerous goods;

        (f)     requiring persons to obtain permits for the handling of or access to high consequence dangerous goods, prescribing the form of application for the permits, the fees which shall be paid for the application for and the issue of the permits, the transfer of permits and the issue of duplicates of the permits, the renewal and amendment of the permits, the conditions, limitations and restrictions which may be or are required to be inserted in the permits, the periods of time for which the permits remain in force, exemptions from the holding of the permits, the persons who may issue the permits and the amendment, suspension and revocation of the permits;

        (g)     requiring persons applying to obtain permits for the handling of or access to high consequence dangerous goods to provide consent and sufficient information to the Authority for the Authority to obtain known information within the meaning of section 21A concerning the person to determine whether the person is suitable to handle or have access to high consequence dangerous goods;

        (h)     any act, matter or thing in, at or on any premises used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods;

              (i)     the mode of construction of any building or structure used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods and requiring the installation and operation of prescribed apparatus or equipment for collecting or preventing the accumulation of dusts, vapours, fumes and gases from high consequence dangerous goods;

        (j)     prescribing safety distances to separate buildings, structures, containers, equipment or appliances used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods from—

              (i)     each other;

              (ii)     roads, streets, paths, railway lines and public places;

              (iii)     any other place or structure where the public or the place or structure is likely to be endangered by the proximity of the buildings, structures, containers, equipment or appliances or where the place or structure is likely to constitute a hazard to the buildings, structures, containers, equipment or appliances;

        (k)     the training or courses to be undergone or taken by any persons who are self-employed or employed in or in connexion with the export, supply or disposal of high consequence dangerous goods or who handle or have access to high consequence dangerous goods, the method of approval of the training or courses and the qualifications and registration required to be held by those persons;

        (l)     prescribing warning notices, instructions or information to be displayed in, on or at any premises, vehicles, ships or boats used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods, the nature and location of such notices, instructions or information and the circumstances in which they are to be displayed or not displayed;

        (m)     records to be kept by specified persons in respect of the export, supply or disposal of high consequence dangerous goods, the nature of such records and the circumstances in which they are to be kept;

        (n)     generally prohibiting or regulating access to explosives or high consequence dangerous goods on security grounds or prohibiting or regulating access on security grounds to premises or a place where explosives or high consequence dangerous goods are imported to, exported from, manufactured, stored, sold, supplied, used, handled or transferred, transported or disposed of.

Sch. 2 cl. 27B inserted by No. 67/2004 s. 15(b).

    27B     Without limiting the powers to prescribe or provide for or with respect to conditions, limitations or restrictions on licences

        (a)     the imposition of conditions as to notifications to the Authority about activities under the licence;

        (b)     the imposition of conditions as to records to be kept and notified to the Authority;

        (c)     the imposition of limitations or restrictions on the activities carried out under the licence;

        (d)     the imposition of conditions as to notifications by a person who holds an HCDG licence to the Authority if the person no longer has a lawful need for access to high consequence dangerous goods that are specified in the person's licence;

        (e)     the imposition of a condition that a person who holds an HCDG licence must ensure that no person has access to high consequence dangerous goods that the licence relates to unless—

              (i)     the person is under the supervision of another person who holds an HCDG licence; or

              (ii)     the person holds an HCDG licence; or

              (iii)     the person has a permit issued under the regulations to have that access.

    28     Prescribing conditions, limitations and restrictions to be inserted in licences.

    29     Periods of time not exceeding five years from the date of issue of licences or from the date of renewal of licences for which licences remain in force.

Sch. 2 cl. 30 amended by No. 67/2004 s. 15(c).

    30     Prohibit or regulate the transfer of licences.

    31     Providing for and prescribing exemptions from the holding of licences.

Sch. 2 cl. 32 amended by No. 66/2008 s. 28(2).

    32     The precautions to be taken against fire, explosion and other dangerous situations.

    33     The safety procedures to be observed in or about premises used for or in connexion with dangerous goods.

    34     The precautions to be taken to ensure the safety of persons and property.

    35     The provision, nature and use of protective clothing and safety equipment.

    36     The disposal, neutralization or destruction of dangerous goods.

    37     The provision in premises of, and the standards to be observed in relation to, equipment, systems, appliances, fittings and devices for the prevention, detection or control of fires, explosions or the spillage, leakage, escape or release of dangerous goods and the maintenance and inspection of the equipment, systems, appliances, fittings and devices.

    38     The provision of fencing, surveillance and other security measures at premises where there is present a quantity greater than the prescribed quantity of dangerous goods.

Sch. 2 cl. 39 substituted by No. 66/2008 s. 28(3).

    39     The reporting of any fires, explosions, leakages or other dangerous situations involving dangerous goods.

    40     Prescribing safety distances to separate buildings, structures, containers, equipment or appliances used or intended to be used for or in connexion with the manufacture, storage, transfer or sale of dangerous goods from—

        (a)     each other;

        (b)     roads, streets, paths, railway lines and public places;

        (c)     any other place or structure where the public or the place or structure is likely to be endangered by the proximity of the buildings, structures, containers, equipment or appliances or where the place or structure is likely to constitute a hazard to the buildings, structures, containers, equipment or appliances.

    41     Regulating the use or retention in premises of any substances or articles liable to spontaneous ignition and the quantity of any dangerous goods that may be allowed in any premises or in any part of any premises at any one time.

    42     The areas at any premises where dangerous goods may be stored and the manner in which the dangerous goods shall be stored (including the segregation of the dangerous goods from each other and the safety distances to be observed between them).

    43     The training or courses to be undergone or taken by any persons who are self-employed or employed in or in connexion with the manufacture, import into Victoria, storage, transfer, transport, sale or use of dangerous goods, the method of approval of such training or courses and the qualifications and registration required to be held by those persons.

    44     Prescribing warning labels, writing or markings to be attached to or made on any dangerous goods or any containers and the manner in which and the premises at which such labels, writing or markings are to be so attached or made.

Sch. 2 cl. 45 amended by No. 82/1995 s. 193(c).

    45     Prescribing warning notices, instructions or information to be displayed in, on or at any premises, vehicles, ships or boats used for or in connexion with the manufacture, storage, transfer, transport or sale of dangerous goods, the nature and location of such notices, instructions or information and the circumstances in which they are to be displayed or not displayed.

Sch. 2 cl. 46 amended by No. 82/1995 s. 193(d).

    46     Requiring and prescribing signs, markings or labels to be displayed in or on a vehicle, ship or boat in respect of dangerous goods present in or on that vehicle, ship or boat and the manner of displaying the signs, markings or labels.

    47     Requiring persons

        (a)     to display or cause to be displayed on a vehicle containing dangerous goods in a quantity greater than the prescribed quantity an emergency telephone number; and

        (b)     to arrange or cause to be arranged for the emergency telephone to be attended at all times.

    48     Prescribing the documentation and hazard information to be carried in or on a vehicle in respect of dangerous goods present in or on that vehicle.

    49     Prescribing the form of manifests to be kept by occupiers of licensed or prescribed classes of premises and the manner in which such manifests are to be kept.

    50     Prescribing the information to be provided by licensees or occupiers regarding the dangerous goods present at licensed or prescribed classes of premises and prescribing the form and manner in which the information is to be provided.

Sch. 2 cl. 51 amended by No. 82/1995 s. 193(e)(i)(ii).

    51     Requiring the occupier of premises used or intended to be used for or in connexion with the manufacture or storage or transfer of dangerous goods to provide documentary evidence of a prescribed type or in a prescribed form or from a prescribed source or person with respect to the safety of any manufacturing process or of storage or of transfer at the premises.

    52     Records to be kept by specified persons in respect of the manufacture, import into Victoria, storage, transfer, transport, sale, use and disposal of dangerous goods, the nature of such records and the circumstances in which they are to be kept.

    53     The fees which shall be paid for—

        (a)     applications for and the issue of licences and the issue of duplicates of such licences;

        (b)     the renewal of licences;

        (c)     the amendment of licences;

        (d)     the examination of drawings, plans, specifications and calculations;

        (e)     analyses, tests or examinations made on dangerous goods or on containers, appliances, apparatus, equipment, fittings or piping systems used or intended to be used for or in connexion with dangerous goods;

        (f)     the storage of dangerous goods in public magazines or in other public storage facilities;

        (g)     examinations conducted for the purpose of issuing licences;

        (h)     the transfer of licences; or

              (i)     the issue of identification plates or labels required under any licence and the issue of duplicates of such plates or labels.

    54     Prescribing substances to be explosives for the purposes of this Act.

    55     Exempting any explosives from any of the provisions of this Act.

Sch. 2 cl. 56 amended by No. 67/2004 s. 15(d).

    56     Requiring persons to obtain permits for the purchase of explosives or high consequence dangerous goods, prescribing the form of application for such permits, the fees which shall be paid for the application for and the issue of the permits, the transfer of permits and the issue of duplicates of the permits, the renewal and amendment of the permits, the conditions, limitations and restrictions which may be or are required to be inserted in such permits, the periods of time for which the permits remain in force, exemptions from the holding of the permits, the persons who may issue such permits and the amendment, suspension and revocation of the permits.

Sch. 2 cl. 57 amended by No. 67/2004 s. 15(e)(f).

    57     Regulating the import into Victoria or the export out of Victoria of explosives or high consequence dangerous goods and prohibiting the import into Victoria or the export out of Victoria of explosives or high consequence dangerous goods otherwise than in accordance with specified conditions.

    58     Regulating any matter or thing relating to the packing of explosives for transport.

    59     Regulating the storage of different explosives in separate magazines and prohibiting any of those explosives being stored in the same magazine with any other explosives.

    60     Prescribing the special rules applicable to any magazine or magazine area and the precautions to be taken in the storage of explosives in the magazine or area.

    61     Regulating the storage and handling of explosives at or in any public magazine or public magazine area and the charges to be made for the receipt and storage of explosives in and for the delivery of explosives from such magazine or magazine area and for the transporting, marking, packing or otherwise dealing with such explosives and prescribing the methods of enforcing and collecting those charges, including procedures for the seizure and sale of the explosives and use of the proceeds of sale to satisfy unpaid charges.

    62     Prescribing the persons in whose custody explosives kept for use in or upon prescribed works are to be kept, prohibiting any interference with those explosives without the authority of those persons and generally regulating the manner in which those explosives are to be kept.

    63     Regulating the maximum quantities and kinds of any explosives which may be kept or stored otherwise than in a magazine and prescribing the precautions to be taken in such keeping or storage.

    64     Prescribing the notice to be given in the event of the theft of or loss of any explosives and the persons to whom such notice shall be given.

Sch. 2 cl. 65 amended by No. 67/2004 s. 15(f)(g).

    65     Prescribing the notice to be given before explosives or high consequence dangerous goods are imported into Victoria or exported out of Victoria.

Sch. 2 cl. 66 amended by No. 67/2004 s. 15(f)(g).

    66     Prescribing the kinds and quality of explosives or high consequence dangerous goods which may be imported into Victoria or exported out of Victoria.

Sch. 2 cl. 67 amended by No. 67/2004 s. 15(f)(g).

    67     Regulating any matter or thing relating to the packages in which explosives or high consequence dangerous goods may be imported into Victoria or exported out of Victoria.

    68     Prescribing a notice or notices to be displayed in or at certain places for the purpose of warning persons of their liability to penalties under this Act.

    69     The manner of service of any notices or orders under this Act.

    70     The forms of applications, notices, orders, licences, means of identification and any other forms to be used for the purposes of this Act.

Sch. 2 cl. 71 inserted by No. 66/2008 s. 28(4).

    71     Insurance or other forms of indemnity required to cover the use of a vehicle to transport dangerous goods.

Sch. 2 cl. 72 inserted by No. 66/2008 s. 28(4).

    72     The recognition of determinations, exemptions, approvals and licences issued or granted by a corresponding Authority.

Sch. 2 cl. 73 inserted by No. 66/2008 s. 28(4).

    73     The reference of matters concerning determinations, exemptions or approvals to a specified body.

Sch. 2 cl. 74 inserted by No. 66/2008 s. 28(4).

    74     The adoption of decisions of a specified body as decisions of the Authority.

Sch. 2 cl. 75 inserted by No. 66/2008 s. 28(4).

    75     The reconsideration and review by the Authority of its decisions.

Sch. 2 cl. 76 inserted by No. 66/2008 s. 28(4).

    76     Prescribing decisions of the Authority under the regulations to be reviewable decisions for the purposes of Part IIA.

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