Exemptions
In Western Australia, 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.
Determinations
In Western Australia, 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.
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 Chief Dangerous Goods Officer in Western Australia (WA) is the authority that may make determinations in respect to dangerous goods, packaging, vehicles routes, times and other matters.
Learn more about Applying for a dangerous goods exemption, determination or approval.
If the Chief Dangerous Goods Officer considers that a determination or exemption made under the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 should have national effect in all or other State or Territories, it will be referred to the Competent Authorities Panel (CAP). CAP is a national body of State and Territory Competent Authorities for the transport of dangerous goods by road and rail in Australia.