His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road and Rail Transport (Dangerous Goods) Act 1997.
PAM ALLAN, M.P.,Minister for the Environment
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Road and Rail Transport (Dangerous Goods) (Rail) Regulation 1999.
2 Commencement
This Regulation commences on 6 April 1999.
3 Definitions
In this Regulation:Australian Code for the Transport of Dangerous Goods by Road and Rail means the sixth edition of the Code of that name approved by the Ministerial Council for Road Transport and published by the Australian Government on 1 January 1998.Commonwealth rail rules means the Rail (Dangerous Goods) Rules published by the Australian Government on 1 January 1998 as a Schedule to the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.the Act means the Road and Rail Transport (Dangerous Goods) Act 1997.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
Part 2 Application of Commonwealth rail rules relating to transport of dangerous goods
5 Application of Commonwealth rail rules
The Rail (Dangerous Goods) Rules apply as regulations in force for the purposes of the Act, subject to the modifications set out in Schedule 1.Note—The Rail (Dangerous Goods) Rules are set out as a note to this Regulation.
6 Name of applied rules
The Commonwealth rail rules, as applied by clause 5, may be referred to as the Rail Transport (Dangerous Goods) (New South Wales) Regulations.
7 Penalty notices for offences
For the purposes of section 38 of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 2 is prescribed as a penalty notice offence, and(b) the prescribed penalty for such an offence payable by an individual is the amount specified in Column 2 of Schedule 2, and(c) the prescribed penalty for such an offence payable by a corporation is the amount specified in Column 3 of Schedule 2.
8 Short descriptions of offences
(1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 2 is:(a) the expression specified in Column 4 of that Schedule, or(b) if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
Schedule 1 Modifications to Commonwealth rail rules
(Clause 5)
[1] Rule 1.1 Citation
Omit the rule.
[2] Rule 1.2 Commencement
Omit the rule.
[3] Part 1, Division 7
Omit the heading to Division 7 of Part 1. Insert instead:Division 7 Provisions about offences generally1.27 Deciding whether someone reasonably ought to have known or suspectedIf, in a prosecution for an offence against these Regulations, it is material to prove that someone reasonably ought to have known or suspected something, the issue is to be decided having regard to:(a) the person’s abilities, experience, qualifications and training, and(b) the circumstances of the alleged offence.1.28 Penalties(1) This Regulation applies to a provision prescribing a penalty for an offence.(2) The penalty is the maximum fine for an individual who is found guilty of the offence.(3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.
[4] Rules 1.29 (2), 3.2, 4.1 (1), 4.1 (2), 4.2 (1), 4.2 (2), 4.4 (1), 4.4 (2), 4.4 (3), 4.5 (1), 4.5 (2), 4.5 (3), 4.6 (1), 4.6 (2), 4.7 (1), 4.7 (2), 4.8, 4.9, 4.10 (1), 4.10 (2), 4.12 (1), 4.12 (2), 4.12 (3), 4.14 (1), 4.14 (2), 4.15 (1), 4.15 (2), 4.16 (1), 4.16 (2), 4.17, 4.18 (1), 4.18 (2), 4.20 (1), 4.20 (2), 4.22 (1), 4.22 (2), 4.23 (1), 4.23 (2), 5.3 (1), 5.3 (2), 5.3 (3), 7.7 (1), 7.7 (2), 7.7 (3), 7.8 (1), 7.8 (2), 7.8 (3), 7.9 (1), 7.9 (2), 7.9 (3), 8.1, 8.2, 8.3, 8.4, 9.4, 9.5, 9.6, 9.13 (1), 9.13 (2), 9.14 (1), 9.14 (2), 9.16, 10.6 (1), 10.6 (2), 10.7 (1), 11.1, 13.6, 13.10, 14.2 (2), 14.4 (2), 14.4 (3), 14.5 (2), 14.5 (3), 20.1 (2)
Insert after each provision:Maximum penalty: $3,000
[5] Rule 1.32 Identification cards
Omit regulation 1.32 (d).
[6] Rule 1.33 Evidentiary certificates
Omit the rule.
[7] Part 1, Division 9 Authorised officers
Omit the Division.
[8] Part 1, Division 10 Application of other dangerous goods legislation
Omit the Division.
[9] Part 1, Division 11 Application of Codes
Omit the Division.
[10] Part 1, Division 12 Powers under these Rules
Omit the Division.
[11] Rule 2.1 Goods too dangerous to be transported
Omit rule 2.1 (2) and (3).
[12] Rules 3.3, 3.4, 3.5, 3.11 (3), 3.12 (3), 4.11, 4.19, 5.1 (1), 5.1 (2), 5.1 (3), 5.2, 6.1, 6.2, 6.3, 9.9, 9.10, 9.11, 10.1 (2), 10.2, 10.5 (1), 10.5 (2), 10.5 (3), 10.6 (3), 10.7 (2), 10.8, 11.3 (1), 11.7 (2), 11.10, 11.11, 13.2, 13.3 (3), 13.8 (1), 14.3 (2), 14.6 (2), 14.7 (2), 17.7
Insert after each provision:Maximum penalty: $1,500
[13] Rules 3.6, 9.17, 11.2 (1), 11.4 (2), 11.4 (4), 11.8 (2), 11.8 (3), 14.1 (2)
Insert after each provision:Maximum penalty: $1,000
[14] Rules 7.3 (1), 7.3 (2), 7.3 (3), 7.4 (1), 7.4 (2), 7.4 (3), 7.5 (1), 7.5 (2), 7.5 (3)
Insert after each provision:Maximum penalty:(a) for a package—$500(b) for a unit load—$1,500
[15] Rules 10.7 (3), 10.7 (4), 10.7 (5), 11.4 (3), 13.1
Insert after each provision:Maximum penalty: $500
[16] Part 14, Division 3 Powers of authorised officers in emergencies
Omit the Division.
[17] Part 16, Division 3 Exemptions
Omit the Division.
[18] Part 23
Insert after Part 22:Part 23 Fees23.1 Prescribed feesThe fee payable under regulation 4.24 (c) is $100.
[19] Annex 1 Dictionary
Insert in alphabetical order:Government Gazette means the New South Wales Government Gazette.the Act means the Road and Rail Transport (Dangerous Goods) Act 1997.
[20] Annex 1, definitions of “authorised officer”, “Competent Authority”, “dangerous situation”, “involvement in the transport of dangerous goods by rail”, “premises”, “transport”
Omit the definitions.
[21] Annex 1, definition of “this jurisdiction”
Omit the definition. Insert instead:this jurisdiction means New South Wales.
[22] The whole Rules
Omit “Rules” wherever occurring.Insert instead “Regulations”.
[23] The whole Rules
Omit “Rule” wherever occurring.Insert instead “Regulation”.
[24] The whole Rules
Omit “rules” wherever occurring.Insert instead “regulations”.
[25] The whole Rules (except Rules 1.5 (1) and 1.6 (1))
Omit “rule” wherever occurring.Insert instead “regulation”.
[26] The whole Rules
Omit “subrule” wherever occurring.Insert instead “subregulation”.
[27] The whole Rules
Omit “subrules” wherever occurring.Insert instead “subregulations.”
[28] The whole Rules
Omit “Subrule” wherever occurring.Insert instead “Subregulation”.
Schedule 2 Penalty notice offences
(Clauses 7 and 8)
Column 1 | Column 2 | Column 3 | Column 4 |
Provision | Penalty— individuals $ | Penalty— corporations $ | Short descriptions |
Regulation 3.2 | 600 | 3,000 | Mark unapproved packaging with markings |
Regulation 3.12 (3) | 300 | 1,500 | Fail to produce test evidence to Competent Authority |
Regulation 4.1 (1) | 600 | 3,000 | Consign bulk goods for transport contrary to ADG Code/when goods too dangerous |
Regulation 4.1 (2) | 600 | 3,000 | Fail to comply with Ch 4 ADG Code in consigning bulk goods |
Regulation 4.2 (1) | 600 | 3,000 | Transport bulk dangerous goods contrary to Ch 4 ADG Code/when goods too dangerous |
Regulation 4.2 (2) | 600 | 3,000 | Fail to comply with Ch 4 ADG Code in transporting bulk goods |
Regulation 4.7 (2) | 600 | 3,000 | Fail to attach compliance plate to bulk tank |
Regulation 4.8 | 600 | 3,000 | Attach compliance plate/purported plate to unapproved tank |
Regulation 4.10 (1) | 600 | 3,000 | Consign bulk goods for transport in unapproved tank/tank not maintained/tested/ inspected/tank contravening approval |
Regulation 4.14 (1) | 600 | 3,000 | Consign goods in foreign tank contrary to determination |
Regulation 4.16 (2) | 600 | 3,000 | Fail to mark IBC in accordance with IBC Supplement |
Regulation 4.17 | 600 | 3,000 | Mark unapproved IBC with IBC marking/purported marking |
Regulation 4.18 (1) | 600 | 3,000 | Consign dangerous goods for transport in unapproved IBC/IBC used improperly |
Regulation 5.1 (1) | 300 | 1,500 | Consign goods in freight container contrary to Ch 5 ADG Code |
Regulation 5.3 (3) | 600 | 3,000 | Transport goods when attachment system breaches ADG Code |
Regulation 7.7 (1) | 600 | 3,000 | Consign inappropriately placarded load of dangerous goods |
Regulation 8.3 | 600 | 3,000 | Use wagon and equipment breaching Ch 8 ADG Code |
Regulation 10.7 (2) | 300 | 1,500 | Fail to ensure hose assembly on premises complies with Code |
Regulation 10.8 | 300 | 1,500 | Fail to ensure hose assembly on wagon complies with Code |
Regulation 11.3 (1) | 300 | 1,500 | Fail to supply dangerous goods shipping documents to driver |
Regulation 11.4 (2) | 200 | Drive train without shipping documents | |
Regulation 11.4 (3) | 100 | Drive train without shipping documents in holder in cab | |
Regulation 11.7 (2) | 300 | 1,500 | Transport placard load without emergency information in cab |
Regulation 11.8 (2) | 200 | Drive placard load without emergency information in cab | |
Regulation 11.8 (3) | 200 | Fail to produce emergency information to/authorised officer/emergency services/rail representative | |
Regulation 13.1 | 100 | Fail to alert train controller of failed/immobilised train | |
Regulation 13.6 | 600 | Fail to ensure source of ignition not close to goods | |
Regulation 13.8 (1) | 300 | 1,500 | Transport dangerous goods along route/in/through area contrary to determination |
Note Commonwealth rail rules
For the Rail (Dangerous Goods) Rules of the Commonwealth as originally gazetted with this regulation see http://www.legislation.nsw.gov.au. See also the Commonwealth database at http://www.frli.gov.au.