Berth operator’s special berth obligations
Before handling any explosion risk goods, the berth operator must obtain a special berth declaration. As part of that process, regulations 135I and 135J of the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007 (the Regulations) require the berth operator to develop a risk assessment in order to identify all hazards and the corresponding safety control measures necessary to minimise the risk to as low as reasonably practicable. The regulations also require an implementation plan for all the safety control measures that were identified as part to the risk assessment. The special berth declaration may include additional safety conditions as required by the Chief Officer.
The berth operator must comply with any additional Chief Officer safety conditions and work within the constraints of the special berth declaration, including the types of allowable ERGs and potential quantity restrictions, see regulation 135K (8)(a).
The Handling of explosion risk goods (ERGs) at a special berth (non-explosives): Guidance note can assist berth operators, consignors and importers understand their regulatory duties when handling explosion risk goods (ERGs) at a special berth (non-explosives).
Special berth declaration
The handling of explosion risk goods at a berth in a port in amounts exceeding 30 tonnes requires the berth operator to apply for a special berth (non-explosives) declaration from the department’s Chief Dangerous Goods Officer in accordance with regulation 135H. A special berth declaration is valid for five years.
Explosion risk goods
Explosion risk goods are defined in regulation 135B. They are a group of seven Division 5.1 dangerous goods that contain either ammonium nitrate or calcium hypochlorite. By far the most common explosion risk goods found in Western Australia are solid ammonium nitrate of UN 1942 and UN 2067. The next most common explosion risk goods are ammonium nitrate emulsions or suspensions or gels of UN 3375.
See the Overview of regulatory requirements for dangerous goods and explosives in ports: Information sheet to learn more about the regulatory requirements for dangerous goods and explosives being stored and handled at ports.
Who can apply to have a special berth declared?
An application for a special berth declaration may only be lodged by the harbour master of the port or the berth operator. Where the applicant is a berth operator and the port authority is responsible for the berth, there should be consultation and agreement between those parties on the application submission.
The Special berth (non-explosives) declaration: Form includes information on who can apply, required information and lodgement details.
See schedule of fees and charges for fee applicable to this application.
Retaining special berth status
A special berth declaration is not renewed. To retain the special berth status, the proponent must apply for a declaration every 5 years, before the previous declaration expires.
Reporting an incident
Special berth operators are responsible for reporting accidents and incidents arising from their activities. Learn more about reporting an incident involving dangerous goods and explosives.
Resources and guidance
- Overview of regulatory requirements for dangerous goods and explosives in ports: Information sheet
This information sheets explains the regulatory requirements for dangerous goods and explosives being stored and handled at ports. - Handling of explosion risk goods (ERGs) at a special berth (non-explosives): Guidance note
This guidance note assists berth operators, in particular, and consignors and importers to understand their regulatory duties when handling explosion risk goods (ERGs) at a special berth (non-explosives). - Handling of ERGs at a special berth: Template
This template should be modified to reflect requirements under the berth operator’s safety management system. - Applying to have a special berth declared: Form
This declaration form includes information on who can apply, required information and how to lodge the application.