Dangerous goods safety legislation

What safety legislation applies to dangerous goods?

Act and regulations

There are seven pieces of dangerous goods safety legislation that relate to the manufacture, storage, possession handling, transport, and use of dangerous goods (both non-explosives and explosives). This includes the operation of major hazard facilities across Western Australia.

Western Australian legislation is also available in hard copy format from the State Law Publisher.

Introduction to the dangerous goods safety legislation

The list below contains an introduction to the dangerous goods safety legislation.

Documenting a Transport Emergency Response Plan - template - 63 Kb

Under Regulation 180 of the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007, a prime contractor is required to have emergency plans in place.

Overview of explosives regulations - information sheet - 267 Kb

This document is for guidance only and the definitive statutory requirements are contained in the Dangerous Goods Safety (Explosives) Regulations 2007 (the Explosives Regulations).

Overview of regulatory requirements for dangerous goods and explosives in ports - information sheet - 66 Kb

This information sheets explains the regulatory requirements in place from 1 January 2014 for dangerous goods and explosives being stored and handled at ports.

Overview of security sensitive ammonium nitrate regulations - information sheet - 290 Kb

This document is for guidance only and the definitive statutory requirements are contained in the Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007.

Overview of storage and handling regulations - information sheet - 341 Kb

This document is for guidance only and the definitive statutory requirements are contained in the Dangerous Goods Safety (Storage and Handling of Non-Explosives) Regulations 2007 (the Storage and Handling Regulations).

Is it hazardous or dangerous? - information sheet - 157 Kb

Hazardous substances are those that, following exposure, can have an adverse effect on health. Examples of hazardous substances include poisons, substances that cause burns or skin and eye irritation, and substances that may cause cancer.

Meaning of ‘controlled by the other person’ for security purposes - information sheet - 232 Kb

This information sheet covers many of the licences with activities involving explosives and security sensitive ammonium nitrate that require the possession of a valid dangerous goods security card.

Exemptions from the dangerous goods safety legislation

Specific exemptions

A company may request an exemption under regulation 7 of the Dangerous Goods Safety (General) Regulations 2007. Requests are reviewed and a decision made by the Chief Dangerous Goods Officer or Minister as appropriate.

See Applying for a dangerous goods exemption, determination or approval to access the application form.

Where a transport exemption is requested for national effect or beyond the State border, the exemption must be considered and reviewed by the Competent Authorities Panel (CAP). Request an application form by emailing dgsb@dmirs.wa.gov.au

General exemptions

Under section 21 or 22 of the Dangerous Goods Safety Act 2004, the Minister for Mines and Petroleum or the department’s Chief Dangerous Goods Officer, respectively, has issued the following exemptions.

For national dangerous goods land transport exemptions, check the register of the Competent Authorities Panel (CAP) as these also apply under Western Australian law.

29 March 2017

The department’s Chief Dangerous Goods Officer has exempted persons involved in the transport of certain explosives in IBCs from the requirement under the Dangerous Goods Safety (Explosives) Regulations 2007.

6 July 2010

The department’s Chief Dangerous Goods Officer has given an exemption to transporters of mineral ores and concentrates of UN 3077 from the duty to placard bulk containers and vehicles with an emergency information panel.

6 July 2010

The department’s Chief Dangerous Goods Officer has given an exemption to transporters of mineral ores and concentrates of UN 3077 from the duty to licence dangerous goods vehicles and drivers.

Determinations

Applying for a specific determination

Under regulations 17, 18 and 19 of the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007, the department’s Chief Dangerous Goods Officer may make determinations in respect to dangerous goods, packaging, vehicles routes, times and other matters. An application may be made for the department’s Chief Dangerous Goods Officer to make a determination regarding a specific matter.

Issued determinations

The department’s Chief Dangerous Goods Officer has issued the following determinations under the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007.

For national dangerous goods land transport determinations, check the register of the Competent Authorities Panel (CAP) as these also apply under Western Australian law.

Determination (No. 2) 2015

This stipulates the CAP requirements on the conduct of UN Test 8 (d) allowing transport of UN 3375 in portable tanks.

Determination (No. 1) 2015

This stipulates the CAP requirements on the conduct of Test Series 8 Allowing industry to classify Ammonium Nitrate Emulsions or Suspensions or Gels in UN 3375.

Determination (No. 2) 2010

A person may transport all mineral ores and concentrates classified as UN 3077 in sheeted bulk containers.

Determination (No. 1) 2008

The restriction on the transport of a placard load in the Graham Farmer Tunnel was gazetted on 22 August 2008.

Approvals

Under regulations 15, 55, 56, 59, 137, 138, 162 and 194 of the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007, an approval in respect of:

  • training courses
  • design of packaging
  • overpacks
  • segregation devices
  • methods of segregation
  • emergency information

may be requested in writing from the Chief Dangerous Goods Officer.

See Applying for a dangerous goods exemption, determination or approval to access the application form.

There is a separate approvals process for those seeking to be an approved responder to dangerous goods incidents or approved training provider for dangerous goods transport.