Dangerous Goods (Road and Rail Transport) Act 2010 (Tas)

Dangerous Goods (Road and Rail Transport) Act 2010

An Act to regulate by nationally consistent legislation the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment, to repeal the Dangerous Goods (Safe Transport) Act 1998 and for related and consequential purposes [Royal Assent 17 September 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Dangerous Goods (Road and Rail Transport) Act 2010 .

2. Commencement The provisions of this Act commence on a day to be proclaimed.

3. Purpose (1) The purpose of this Act is to regulate the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment. (2) It is the intention of Parliament that the purpose of this Act will be achieved in the context of nationally consistent road and rail transport laws, having regard to regional and modal differences.

4. Definitions (1) In this Act, unless the contrary intention appears – associate has the meaning given by section 4A ; authorised, in relation to the driving of a vehicle or the running of an engine, has the meaning given by section 4G(3) ; authorised officer means an authorised officer appointed under section 12 ; broken down has the meaning given by section 4I ; combination means a road vehicle consisting of a vehicle with a motor and one or more trailers; Competent Authority means the relevant Competent Authority appointed under section 11 ; compliance purposes has the meaning given by subsection (2) ; consignor has the meaning given by section 4B ; consigns has the meaning given by section 4B ; corresponding authority means a Competent Authority appointed under a corresponding law; corresponding law means – (a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or (b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act; dangerous goods means – (a) a substance or article prescribed as dangerous goods; or (b) a substance or article determined by the Competent Authority, in accordance with the regulations, to be dangerous goods; dangerous situation means a situation that is causing, or is likely to cause, imminent risk of death or serious injury to a person, significant harm to the environment or significant damage to property; driver, of a vehicle, includes – (a) a two-up driver of the vehicle who is present in or near the vehicle; and (b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner licence or learner permit; and (c) if the vehicle is a unit of rolling stock forming part of a train but is not its locomotive, the driver of the train; and (d) if the vehicle is a trailer, the driver of the motor vehicle towing the trailer; driver licence means a licence (including a probationary and a conditional licence) issued under a State law authorising the licensee to drive a road vehicle, but does not include – (a) a licence issued under this Act; or (b) a provisional or learner licence; employee means an individual who works under a contract of employment, apprenticeship or training; employer means a person who employs persons under – (a) contracts of employment, apprenticeship or training; or (b) contracts for services; fit, in relation to the driving of a vehicle, has the meaning given by section 4G(2) ; goods too dangerous to be transported means – (a) a substance or article prescribed as goods too dangerous to be transported; or (b) a substance or article determined by the Competent Authority, in accordance with the regulations, to be goods too dangerous to be transported; government authority means – (a) a department or an administrative unit of the public service; or (b) an agency or instrumentality of the Crown; or (c) a local government body; or (d) the Competent Authority; identity card means a card – (a) issued to an authorised officer under section 12(4) ; or (b) issued under another Act with an endorsement under section 12(5) ; improvement notice means an improvement notice issued under section 72 ; intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle, or on or near a road or rail, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to – (a) a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road or rail transport; and (b) without limiting the above, whether a vehicle is being operated in conformity with this Act and authorisations issued under it; involvement in the transport of dangerous goods includes – (a) importing, or arranging for the importation of, dangerous goods into Australia; and (b) packing dangerous goods for transport; and (c) marking or labelling packages containing dangerous goods for transport and placarding vehicles and packaging on or in which dangerous goods are transported; and (d) consigning dangerous goods for transport, including the preparation of transport documentation; and (e) loading dangerous goods for transport or unloading dangerous goods that have been transported; and (f) undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of dangerous goods; and (g) driving a vehicle carrying dangerous goods; and (h) being the consignee of dangerous goods that are transported; and (i) being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity covered by this definition; journey means the transport of dangerous goods from where the goods are consigned to where the goods are delivered to the consignee; jurisdiction means the Commonwealth or a State; load has the meaning given by section 4D ; loader has the meaning given by section 4D ; offence means an offence against this Act; operator has the meaning given by section 4E ; owner, in respect of a vehicle, means a person who – (a) is the sole owner, a joint owner or a part owner of the vehicle; or (b) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; pack has the meaning given by section 4C ; package, in relation to goods, means the complete product of the packing of the goods for transport and consists of the goods and their packaging; packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported, and includes anything prescribed by the regulations to be packaging; Note It may be that the container constitutes the whole of the packaging, as in the case of a drum, in which dangerous goods are directly placed. Unlike in United Nations publications relating to the transport of dangerous goods, the term packaging is used in this Act in its ordinary meaning.