Australia revises its Code

AUSSIE RULES

AUSTRALIA • THE ADG CODE HAS WANDERED OFF COURSE IN RECENT UPDATES; NTC HAS UNDERTAKEN A THOROUGH REVIEW TO BRING IT BACK INTO LINE WITH INTERNATIONAL RULES

THE NATIONAL TRANSPORT Commission (NTC) of Australia has published an updated version of the Australian Dangerous Goods Code, ADG 7.8, which will bring domestic regulations for the transport of dangerous goods by road and rail closer into line with international provisions. ADG 7.8 will be available for use from 1 April 2023 and become mandatory on 1 April 2024, assuming Australia’s various states and territories adopt it into their own legislation in time.

As part of this update, NTC undertook a thorough review and comparison of ADG 7.7 – as well as the accompanying Model Subordinate Instrument (MSI) on the Transport of Dangerous Goods by Road or Rail – with the 22nd revised edition of the UN Model Regulations. It found that many translation and other discrepancies had crept into the Code over time, which have been amended accordingly in ADG 7.8.

In particular, it was found that the Code had some definitions that differed from those in the UN Model Regulations and that words and terms that were separately defined in the MSI were not defined in the Code. NTC has brought those together in 1.2.1.1 of ADG 7.8, amending a large number of them, which will improve the cohesiveness of the Code. It has also attempted to harmonise the use of terminology, particularly in terms of pressure receptacles.

Among those changes to the definitions that should be noted is a new Note to the definition of ‘Bundle of cylinders’, which includes a concession for bundles that meet certain conditions to be treated as individual cylinders for the purpose of determining capacity, following a determination by the state of Victoria that manifolded bundles of cylinders do not constitute multiple element gas containers (MEGCs) and, depending on capacity and the nature of the gases carried, are therefore not placardable units. That determination was deemed to be applicable throughout Australia.

The definition of ‘Freight container’ is aligned with ADR to allow the use of non-CSC approved freight containers for domestic use. Australia has also aligned the definition of ‘Portable tank’ with that in the UN Model Regulations, which is critical to enable the use of other parts of the Code.

CLASSIFICATION AND IDENTIFICATION One significant area of change can be found right at the front of the Code, where the provisions for exempted consignments in 1.1.1.2(3) and Table 1.1.1.2 have been updated to take account of changes in the UN Model Regulations and other parts of the ADG Code over recent years since the publication of ADG 7. These changes include, among other matters, the introduction of concessions for dangerous goods packed in limited quantities and the introduction of new UN entries for lithium batteries. The quantities for Division 5.2 material in the Table have been updated to distinguish between the various types of organic peroxides and the column for Division 4.2 material has been deleted, as these substances are not permitted to be shipped as Limited Quantities. New wording has been added to ensure that the exemptions are not used to allow the transport of quantities that were not foreseen at the time the exemption was initially introduced.

Section 1.2.3.2 of ADG 7.7 had caused some confusion; it aims to explain to dutyholders which edition of a referenced standard is applicable. A revision now explains that any reference to a standard, code or international rule means the latest edition of that code, standard or rule, and that any previous edition may continue be used for 12 months after the publication of a new edition. That section also specifies that any referenced Australian Standards continue to be in effect, even though then have been withdrawn by Standards Australia.

There are some significant changes in Part 2 (Classification), including the addition of concentration limits for packing group III materials in 2.0.4.3.1, which was omitted when the section was originally introduced in ADG 7.6. Similarly, 2.6.2.2.2(b) was worded wrongly when it was introduced in 2023, when

‘burning rate’ was incorrectly given as ‘burning time’ and the criteria were also wrong; these have been rectified in ADG 7.8. Other omissions relating to environmentally hazardous substances in 2.9.3 have been corrected.

Australia has also followed the international provisions in providing additional text in 2.8.3.2 to clarify the assignment of packing groups to corrosive substances when the test method does not provide the necessary information.

There are a great many changes in Part 3 to reflect additions and revisions in the UN Model Regulations in recent years, together with the correction of various historical errors in ADG in terms of the assignment of special provisions, packing instructions and special packing provisions. Those errors extend to the special provisions themselves – not least the assignment of SP 392 to several UN entries, which was overlooked when the Code was amended to reflect the 20th revised edition of the UN Model Regulations.

The local special provision AU03 has been amended to remove the requirement to obtain an exemption from the competent authority when transporting non-odorised LPG in South Australia.

PACKING AND TANKS Most of the changes in Part 4 reflect recent amendments in the UN Model Regulations although, again, ADG 7.8 corrects some historical errors, including the omission of the definition of ‘react dangerously’ in 4.1.1.6 and a correction in 4.1.1.18.2 on the requirements for salvage packagings.

Previously omitted text has been included in 4.1.6.1.11 on prohibited repairs to pressure receptacles for Class 2 gases. There are also changes relating to packagings for gases in Part 6, including minor clarifying amendments to distinguish between cylinders, cylinder shells and inner vessels in 6.2.1. Among the lists of standards, a new section and table have been added in 6.2.2.1.9 relating to non-refillable UN cylinders. Elsewhere, there are the usual number of additions, revisions and deletions among the referenced standards.

ADG 7.8 incorporates the new Chapter 6.9 on the design, construction, inspection and testing of portable tanks with shells made from fibre-reinforced plastics (FRP) materials, with the existing Chapters 6.9 and 6.10 now renumbered.

In Part 8, which covers stowage and restraint in cargo transport units, there is an amendment to 8.1.3.2 to allow the use of a certified load restraint curtain system (CLRS) as an alternative to gates in curtain-sided vehicles. NTC notes that, as currently written, 8.1.3 provides no requirement that a restraining gate must be rated and that, therefore, this is potentially less safe than using a rated CLRS. An additional amendment specifies that, when rated gates are used, they must form part of a complete load restraint system that complies with the load restraint guide.

Chapter 11.2 currently requires the emergency information that must be carried on any vehicle transporting a placard load to take the form of the Initial Emergency Response Guide (HB:76) published by Standards Australia, though NTC notes that this has not been updated since 2010. The Competent Authorities Panel has since approved the use of the Australian Emergency Response Guide Book, which is closely based on the North American guide, and this has now also been adopted by New Zealand and most recently revised in 2021 as the Australian and New Zealand Emergency Response Guide Book (ANZ-ERG). There is now a process in place for this to be regularly updated and, therefore, NTC deemed it appropriate to define ‘Emergency information’ in 11.2.1 as being the current edition of ANZ-ERG.

NTC has a dedicated page on its website relating to the ADG Code at www.ntc.gov.au/ codes-and-guidelines/australian-dangerousgoods-code; this includes downloadable versions of ADG 7.7 and 7.8, ANZ-ERG2021, the list of Emergency Action (Hazchem) Codes and the Dangerous Goods List. There are also links to the various competent authorities and other supporting information.

NTC HAS COMBED ADG AND FOUND MANY INSTANCES OF

HISTORICAL ERROR, WHICH HAVE BEEN ELIMINATED IN

VERSION 7.8