From September 1 2005, new laws have been introduced to ensure the safe handling and storage of dangerous goods and to strengthen security controls for explosives and concentrated ammonium nitrate.
The Dangerous Goods Act 1975 is repealed and the following legislation has commenced:
- Explosives Act 2003 and the supporting Explosives Regulation 2005
- OHS Amendment (Dangerous Goods) Act 2003 and the supporting OHS Amendment (Dangerous Goods) Regulation 2005
New dangerous goods laws at a glance
Changes to dangerous goods legislation require anyone using and keeping dangerous goods to adopt a risk management approach based on a nationally uniform approach to hazard identification, risk assessment, risk control, hazard communication and emergency preparedness. This includes communications requirements, such as Material Safety Data Sheets, placarding, site registers, site manifests, training and the provision of information as required.
Delayed commencement of certain obligations
The provisions of the OHS Amendment (Dangerous Goods) Regulation 2005 that consolidate provisions of the former legislation continue in force from the date of Gazettal: 1 September 2005. However, to provide obligation bearers with a reasonable period to comply with the new requirements a 12-month adjustment period has been allowed. The following clauses will not commence until 1 September 2006.
- 174K Manufacturer to provide MSDS
- 174M Supplier to provide MSDS
- 174ZC Planning for emergencies
- 174ZG Occupier to obtain MSDS
- 174ZJ Outer warning placards
- 174ZK Other placarding requirements
- 174ZL Different location permitted
- 174ZM Revision
- 174ZN Manifest to be maintained
- 174ZW Employer to keep register of dangerous goods
- 174ZX Employer to record risk assessments
New Explosives laws at a glance
Under the new legislation, all people with unsupervised access to explosives or concentrated ammonium nitrate must now be licensed, and must satisfy a national probity assessment undertaken by NSW Police and Commonwealth security agencies.
The new arrangements apply to anyone handling of explosives and security sensitive dangerous substances through the supply chain including importers, manufacturers, transporters, suppliers and users.
Under the new regulations, fertilizers and other ammonium nitrate products containing more than 45 per cent ammonium nitrate are designated ‘Security Sensitive Ammonium Nitrate’, and their access and use is restricted.
From 1 September 2005 Security Sensitive ammonium nitrate fertilizers may no longer be legally supplied to the general public. From 1 January 2006 it will be illegal to possess Security Sensitive Ammonium Nitrate without a valid WorkCover licence.
The legislation details specific controls to ensure the safe handling of explosives and security sensitive dangerous substances.
Secure and Safe Handling of Explosives and Security Sensitive Dangerous Substances Guide