TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011

Northern Territory Consolidated Regulations

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TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011

TABLE OF PROVISIONS

PART 1--INTRODUCTION

Division 1-- Preliminary matters

1. Citation
2. Commencement
3. Objects

Division 2--Interpretation

4. Definitions
4A. Meaning of ADG Code
4B. Meaning of article
5. Meaning of bulk container
6. Meaning of foreign approved
7. Meaning of IBC or intermediate bulk container
8. Meaning of load
9. Meaning of MEGC or multiple-element gas container
9A. Meaning of packed in excepted quantities
10. Meaning of packed in limited quantities
11. Meaning of tank
12. References to codes, standards and rules
13. Inconsistency between Regulations and codes etc.
14. References to determinations, exemptions, approvals and licences

Division 3--Key concepts

15. Dangerous goods
16. Goods too dangerous to be transported
17. UN Class, UN Division and Category
18. Packing Groups
19. Subsidiary hazard
20. Incompatibility

Division 4--Application of Regulations

21. Dangerous situations
22. Dangerous goods less than 25% of placard load and in small receptacles
23. Explosives and radioactive material
23A. Mobile processing unit for explosives
24. UN Division 6.2 Infectious substances
25. Dangerous goods that are part of vehicle or its equipment
26. Tools of trade and dangerous goods for private use

PART 2--TRANSPORT OF DANGEROUS GOODS TO WHICH SPECIAL PROVISION APPLIES

27. Meaning of special provision
28. Application of Part
29. Consignor's duties
30. Packer's duties
31. Loader's duties
32. Prime contractor's and rail operator's duties
33. Driver's duties

PART 3--PACKAGING

Division 1--Interpretation and application

34. Definitions
35. Meaning of unsuitable
36. Part does not apply to dangerous goods packed in limited quantities or excepted quantities

Division 2--Offences relating to general packaging

37. Meaning of general packaging
38. Consignor's duties
39. Packer 's duties
40. Loader 's duties
41. Prime contractor's and rail operator's duties
42. Driver 's duties

Division 3--Offences relating to other packaging

43. Meaning of other packaging
44. Manufacturer's duties – compliance plates for portable tanks, MEGCs and tank vehicles
45. Owner's duties – portable tanks, demountable tanks and MEGCs
46. Consignor's duties
47. Packer's duties
48. Loader's duties
49. Prime contractor's and rail operator's duties
50. Driver's duties

Division 4--Offences relating to overpacks

51. Consignor 's duties
52. Packer's duties
53. Loader's duties
54. Prime contactor's and rail operator's duties
55. Driver's duties

Division 5--Miscellaneous offences relating to packaging

56. Incorrect marking of packaging
57. Sale or supply of non-compliant packaging

Division 6--Approvals relating to packaging

58. Definitions
59. Approval of packaging designs
60. Offences relating to approvals
61. Recognised testing facilities
62. Test certificates and observation of testing
63. Approval of overpack preparation method
64. Authorisation of person or body to grant approvals
65. Exercise of functions by authorised body

PART 4--CONSIGNMENT PROCEDURES

Division 1--Marking and labelling

66. Meaning of appropriately marked
67. Consignor's duties
68. Packer's duties
69. Prime contractor's and rail operator's duties

Division 2--Placarding

70. Meaning of placards , placarded and appropriately placarded
71. When load must be placarded
72. Consignor's duties
73. Loader's duties
74. Prime contractor's and rail operator's duties
75. Driver's duties

PART 5--SAFETY STANDARDS FOR VEHICLES AND EQUIPMENT

76. Owner's duties
77. Consignor's duties
78. Loader's duties
79. Prime contractor's and rail operator's duties
80. Driver's duties

PART 6--TRANSPORT OF CERTAIN DANGEROUS GOODS AND GOODS TOO DANGEROUS TO TRANSPORT

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

81. Application of Division
82. Consignor's duties
83. Loader's duties
84. Prime contractor's and rail operator's duties
85. Driver's duties

Division 2--Goods too dangerous to be transported

86. Loader's duties
87. Prime contractor's and rail operator's duties
88. Driver's duties

Division 3--Nominally empty storage vessels

88A. Definition
88B. Consignor's duties
88C. Loader's duties
88D. Prime contractor's and rail operator's duties
88E. Driver's duties

PART 7--STOWAGE AND RESTRAINT

89. Consignor's duties
90. Loader's duties
91. Prime contractor's and rail operator's duties
92. Driver's duties

PART 8--SEGREGATION

93. Meaning of segregation load
94. Application of Part
95. Exception for certain goods for driver's personal use
96. Consignor's duties
97. Loader's duties
98. Prime contractor's duties
99. Rail operator's duties
100. Driver's duties
101. Approval of Type II segregation devices
102. Approval of methods of segregation

PART 9--BULK TRANSFER OF DANGEROUS GOODS

Division 1--Interpretation

103. Meaning of bulk transfer

Division 2--Equipment and transfer

104. Transferor's duties – hose assembly
105. Transferor's duties – general
106. Occupier's duties
107. Prime contractor's duties
108. Rail operator's duties

Division 3--Filling ratio and ullage

Subdivision 1--Filling ratio and ullage

109. Meaning of ratio goods
110. Transferor's duties
111. Prime contractor's and rail operator's duties
112. Driver's duties

Subdivision 2--Ullage requirements for vehicles licensed after commencement of Subdivision

112A. Application of Subdivision
112B. Transferor's duties
112C. Prime contractor's and rail operator's duties
112D. Driver's duties

PART 10--DOCUMENTATION

Division 1--Transport documentation

113. Misleading information in transport documentation
114. Consignor's duties – transport by road
115. Consignor's duties – transport by rail
116. Prime contractor's duties
117. Rail operator's duties
118. Driver's duties
119. Train driver's duties

Division 2--Emergency information

120. Meaning of required emergency information
121. Consignor's duties
122. Prime contractor's duties
123. Rail operator's duties
124. Driver's duties
125. Train driver's duties
126. Approval of emergency information

Division 3--Dangerous goods packed in limited quantities

126A. Consignor's duties
126B. Prime contractor's duties
126C. Misleading information in documentation

PART 11--SAFETY EQUIPMENT

127. Owner's duties
128. Prime contractor's duties
129. Driver's duties

PART 12--PROCEDURES DURING TRANSPORT

Division 1--Immobilised and stopped vehicles

130. Driver's duties
131. Prime contractor's duties
132. Rail operator's duties

Division 2--Road vehicle driver's duties

133. Driving
134. Parking
135. Control of ignition sources
136. Unloading
137. Detaching trailer
138. Road tank vehicle equipped with burner
Division 3 General precautions -- prime contractor's duties
138A. Parking
138B. Unloading
138C. Detaching trailer
138D. Road tank vehicle equipped with burner

PART 13--EMERGENCIES

Division 1--Emergencies generally

139. Road vehicle – driver's duties
140. Train – driver's and rail operator's duties
141. Prime contractor's and rail operator's duties – food or food packaging
142. Prime contractor or rail operator to inform Competent Authority

Division 2--Emergencies involving placard loads

143. Telephone advisory service
144. Emergency plans
145. Consignor's duties – information and resources
146. Prime contractor's and rail operator's duties – information and resources

PART 14--INSURANCE

147. Meaning of adequate insurance
148. Owner's duties
149. Prime contractor's duties
150. Requiring evidence of insurance or approval
151. Approval to use vehicle without insurance

PART 15--DANGEROUS GOODS DRIVER LICENCES AND DANGEROUS GOODS VEHICLE LICENCES

Division 1--Preliminary matters

152. Application of Part
153. Part additional to other laws
154. Licensing Authority

Division 2--Road vehicles and drivers to be licensed under this Part

155. Road vehicles to be licensed
156. Drivers to be licensed

Division 3--Dangerous goods driver licence

157. Application for dangerous goods driver licence
158. Driver licence evidence
159. Competency evidence
160. Approval of tests and training courses for drivers
161. Medical fitness evidence
162. Grant of dangerous goods driver licence
163. Application for renewal of dangerous goods driver licence
164. Renewal of dangerous goods driver licence
165. Duration of dangerous goods driver licence
166. Conditions on dangerous goods driver licence
167. Condition as to evidence of fitness
168. Grounds for cancelling, suspending or varying dangerous goods driver licence
169. Dangerous goods driver licence to be carried

Division 4--Dangerous goods vehicle licence

170. Definitions
171. Application for dangerous goods vehicle licence
172. Additional information and inspections
173. Grant of dangerous goods vehicle licence
174. Application for renewal of dangerous goods vehicle licence
175. Renewal of dangerous goods vehicle licence
176. Duration of dangerous goods vehicle licence
177. Conditions on dangerous goods vehicle licence
178. Grounds for cancelling, suspending or varying dangerous goods vehicle licence
179. Disposal of licensed vehicle
180. Transfer of licensed vehicle by business transfer

Division 5--Licensing matters generally

181. Replacement licence
182. Failure to comply with licence conditions
183. Surrender of licence
184. Registers of licences
185. Records of licences
186. Change of information given in licence application
187. Production of licences to licensing authority
188. Return of licence

Division 6--Cancellation, suspension and variation

189. Cancellation, suspension and variation in dangerous situations
190. Cancellation and suspension giving effect to court orders
191. Variation of licence on application
192. Cancellation, suspension and variation in other circumstances
193. When cancellation, suspension or variation takes effect
194. Effect of loss of driver licence

PART 16--DETERMINATIONS

195. Determinations about goods and packaging
196. Determinations about vehicles, routes, areas and times
197. Determination must be complied with
198. Determinations may be subject to conditions
199. Register of determinations
199A. Records of determinations
200. Determination contrary to regulations

PART 17--EXEMPTIONS

Division 1--General matters

201. Applications for exemptions
202. Register of exemptions
202A. Records of exemptions

Division 2--Referral of matters to CAP

203. Referral to CAP
204. Effect of CAP decision about applications
205. Effect of CAP decision about cancellation or variation

PART 18--ADMINISTRATIVE DETERMINATIONS AND APPROVALS

Division 1--Interpretation

206. Meaning of holder

Division 2--General matters

206A. Administrative determinations
207. Applications for administrative determination or approval
207A. Administrative determination on initiative of Competent Authority
208. Form of administrative determination or approval
209. Period of administrative determination or approval
210. Notice and reasons for refusal of applications
211. When administrative determinations and approvals not to be made etc.
212. Replacement administrative determination or approval
213. Register of approvals
213A. Records of approvals

Division 3--Cancellation or variation

214. Grounds for cancelling administrative determination or approval
215. Grounds for varying administrative determinations and approvals
216. Cancellation and variation in dangerous situations
217. Cancellation giving effect to court orders
218. Variation on application
219. Cancellation and variation in other circumstances
220. When cancellation or variation take effect

Division 4--Referral of approval matters to CAP

221. Referral to CAP
222. Effect of CAP decision about application
223. Effect of CAP decision about cancellation or variation

Division 5--Referral of determinations to CAP

223A. Referral to CAP
223B. Effect of CAP decision about administrative determination
223C. Effect of CAP decision about cancellation or variation

PART 19--MUTUAL RECOGNITION

Division 1--Mutual recognition of determinations, exemptions, approvals and licences

224. Corresponding determinations
225. Corresponding exemptions
226. Corresponding approvals
227. Corresponding licences
227A. Referral of determination, exemption or approval to CAP for purposes of mutual recognition

Division 2--Recommendations by Competent Authority and corresponding authorities

228. Recommendations by Competent Authority
229. Recommendations by corresponding authorities

PART 20--INFRINGEMENT NOTICES

230. Definitions
231. Infringement notice offence and prescribed amount payable
232. When infringement notice may be given
233. Contents of infringement notice
234. Payment by cheque
235. Withdrawal of infringement notice
236. Application of Part

PART 21--RECONSIDERATION AND REVIEW OF DECISIONS

237. Application of Part
238. Who may apply for reconsideration of decisions
239. Applications for reconsideration
240. Competent Authority to reconsider decisions
241. Review by NTCAT

PART 22--MISCELLANEOUS MATTERS

Division 1--Miscellaneous offences

242. Persons involved in transport of dangerous goods to be appropriately trained
243. Goods suspected of being dangerous goods

Division 2--Registers form and inspection

244. Application of Division
245. Register may be kept electronically
246. Inspection of registers

PART 23--TRANSITIONAL MATTERS FOR TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2011

247. Definitions
248. Licences
249. Licence applications
250. Corresponding determinations
251. Corresponding exemptions
252. Corresponding approvals
253. Corresponding licences
254. Expiry of continued exemption or approval

PART 24--TRANSITIONAL MATTERS FOR TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL AMENDMENT ACT 2022

255. Definition
256. Evidence of fitness
257. Reviews of decisions
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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