What legislation applies to dangerous goods?
There are seven pieces of dangerous goods safety legislation relating 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.
- Dangerous Goods Safety Act 2004
- Dangerous Goods Safety (General) Regulations 2007
- Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007
- Dangerous Goods Safety (Major Hazard Facilities) Regulations 2007
- Dangerous Goods Safety (Road and Rail Transport of Non-Explosives) Regulations 2007
- Dangerous Goods Safety (Explosives) Regulations 2007
- Dangerous Goods Safety (Security Sensitive Ammonium Nitrate) Regulations 2007
Western Australian legislation is also available in hard copy format from the Parliamentary Counsel’s website.
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
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
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
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
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
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
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
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 under the dangerous goods safety legislation
An exemption may be granted from a specified provision of subsidiary legislation made under the Dangerous Goods Safety Act 2004. Exemptions can be granted by the Minister for Mines and Petroleum or the Chief Dangerous Goods Officer, depending on the circumstances. An exemption will not be granted by the Chief Dangerous Goods Officer unless satisfied that:
- it is not reasonably practicable to comply with the specified provision of the regulations
- the exemption would not result in an increased risk to people, property or the environment from dangerous goods
- the exemptionw ould not cause unnecessary administrative or enforcement difficulties.
Exemptions may apply to specific:
- places, vehicles, things, or classes thereof
- activities related to dangerous goods storage, handling, or transport
- dangerous goods or class of dangerous goods
- persons or class of persons.
Find out more about exemptions granted under the dangerous goods safety legislation.
Determinations
A determination is a decision made by the Chief Dangerous Goods Officer regarding specific matters related to dangerous goods. Determinations can be made concerning:
- classification of dangerous goods
- packaging requirements
- vehicle routes
- transportation times
- other related matters.
Such determinations are made according to subsidiary legislation made under the Dangerous Goods Safety Act 2004. A determination must be in writing and published in the Western Australian Government Gazette. Individuals or organisations can apply for a specific determination by submitting an application to the Chief Dangerous Goods Officer. Determinations allow for flexibility in the application of dangerous goods safety regulations to address unique situations.
Find out more about determinations under the dangerous goods safety legislation.
Remediation notices, infringement notices and directions
Remediation notice is a notice issued in accordance with section 47 of the Dangerous Goods Safety Act 2004. It may be issued by a dangerous goods officer if the officer believes that the Act has been, is being or is likely to be contravened.
Infringement notice is a notice issued in accordance with section 56 of the Dangerous Goods Safety Act 2004. It may be issued by a dangerous goods officer if the dangerous goods officer believes a person has committed a prescribed offence.
Under the Dangerous Goods Safety Act 2004, dangerous goods officer have direction powers to facilitate inspections and investigations.
Learn more about dangerous good remediation notices, infringement notices and directions.