Cutting red tape for transporters of explosives and fireworks

Removing unnecessary and inefficient duties imposed on transporters of explosives was the focus of the latest amendments to the Dangerous Goods Safety (Explosives) Regulations 2007 (the Explosives Regulations) that took effect on 21 March 2018.

The amendments maintain the optimal effectiveness and currency of the regulations and focus on reducing regulatory burden, especially for small business.

The highlighted amendments below were part of a larger reform package and more detail is available online.

Old provision: Licensed shotfirers, fireworks operators and pyrotechnics (special use) operators were only allowed to transport explosives (up to a Category 2 threshold) for their own use.

New provision: Licensed shotfirers, fireworks operators and pyrotechnics (special use) operators are now allowed to transport explosives (up to Category 2 threshold) for their own use as well as for use by other shotfirers.

By removing the previous restriction, the Department has enabled industry to operate more efficiently without negatively impacting safety and security [rr. 98(b), 99(b), 100(b) and 101(1)9b)].

The amendments removed the requirement for licensed fireworks operators to notify the Department of interstate imports of fireworks [rr. 54 and 55]. The notifications did not improve fireworks safety in WA and are at variance with national policy and equivalent laws in other states. The usual notification requirements for the import of fireworks from overseas remain unchanged.

The amendments remove the requirements imposed by section 8.4.3 Requirements for Drivers and Attendants of the Australian Explosives Code (AEC) [r. 104 (2)(c)]. This section imposes outdated, and often impractical, requirements on the prime contractor, the owner of the explosives vehicle and the driver, and was in conflict with the licensing requirements in Part 15 of the Explosives Regulations.

• • In 2017, the Chief Dangerous Goods Officer, in response to requests from the Australian explosives industry and with national agreement, granted an exemption to transporters of bulk blasting explosives in intermediate bulk containers (IBCs) to dispense with the emergency information panel (EIP) label requirement on the IBCs in favour of an alternative label. The EIP requirements continued unchanged for the back of the vehicle and both sides of the freight container holding the IBCs. The amendment has now been incorporated into the Explosives Regulations [r. 104(2A)], making the exemption (No. 54 gazetted on 4 April 2017) redundant.

AUSTRALIAN DANGEROUS GOODS CODE MOVING WITH THE TIMES

Regulatory amendments to the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007 on 1 September 2018 gave effect to the latest edition 7.6 of the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code) for Western Australia. In line with national policy set by the National Transport Commission (NTC), the changes made to the ADG Code are optional until 1 July 2019, after which they become mandatory.

Edition 7.6 is available for downloading from NTC’s website.

Australian dangerous goods regulators have caught up with the current 20th edition of the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations) and have incorporated the UN changes in the latest ADG Code.

This action was an important step to harmonise the ADG Code with the latest international rules for the transport of dangerous goods and, importantly, with the International Maritime Dangerous Goods Code (IMDG Code), making the import of dangerous goods in ports seamless with road and rail transport. The 2018 edition of the IMDG Code is also based on the 20th edition of the UN Recommendations, and changes will be optional from 1 January 2019 and become mandatory on 1 January 2020.

An information sheet is available to summarise the major changes in edition 7.6 of the ADG Code.

This summary also lists the Australian-specific changes. For instance, another two methods have been introduced for transporting dangerous goods in limited quantities:

Mixed Packet (Lower Risk) Dangerous Goods are limited quantity dangerous goods household cleaners, which are not aerosols, pool or spa cleaners, or Division 2.3 dangerous goods. They must be contained in an outer package that weighs no more than 10 kg, contains at least 50 per cent non-dangerous goods by volume, and does not contain food.

Personal Care Products in Consumer Packaging are limited quantity dangerous goods substances intended for placement in contact with any external part of the human body (including the mucous membranes of the oral cavity and the teeth), such as cosmetics, personal hygiene products and sunscreens.

These methods represent low-risk dangerous goods packages and hence do not need to comply with most ADG Code requirements. An explanation of the various methods is highlighted in the Transporting dangerous goods packed in limited quantities information sheet.