Division 1In this Part, licence means a licence under section 8 or 19 of the Act.
(1) This Part does not apply to or in respect of the keeping of dangerous goods:(a) in or on a vehicle or other mobile plant, appliance or device if the goods are necessary for its propulsion or are part of, or necessary for the operation of, its equipment or accessories, or(b) in the fuel tank of any stationary plant, appliance or device if the capacity of the tank does not exceed 250 litres, or(c) while they are being conveyed, or(d) of Class 7.(2) This Part, other than clause 99, does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (subparagraph (iv) excepted) if the goods:(a) are kept in containers that are open to the atmosphere or to the contents of which persons have access, and(b) are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.(3) This Part does not apply to or in respect of the keeping of dangerous goods that are in immediate use within the meaning of clause 4 (6) (d) (iv) if the goods are kept in a manner that prevents them from escaping from premises, endangering persons or causing harm to property or the environment.(4) The provisions of this Part that prescribe requirements for or in respect of a depot do not apply to or in respect of a depot for goods that are:(a) prescribed under section 9 (1) (c) of the Act, and(b) not required by this Part to be kept in a depot conforming to prescribed requirements.(5) This Part is subject to Part 10 (Special requirements for certain goods).
80 Obligations of licensees and occupiers
If a duty to observe any requirements of this Part that relate to any premises or place (or to any act, building, structure or thing in, on or in relation to any premises or place) is not by this Part specifically imposed on any person, it is the duty of:(a) the licensee of the premises if they are licensed, or(b) the occupier of the premises or place not being licensed premises,to observe the requirements or to cause them to be observed.
81 Occupation of, and keeping of goods in or on, licensed premises
A person must not:(a) occupy licensed premises or any part of licensed premises, or(b) keep dangerous goods in or on licensed premises,unless he or she is, or is authorised by, the licensee of the premises.Contravention of this clause is an offence and is punishable in accordance with clause 340.
82 Dangerous goods not to be kept except in licensed depots
Except as provided by section 9 (1) (c) of the Act, dangerous goods must not be kept in or on licensed premises except in a licensed depot.Contravention of this clause is an offence and is punishable in accordance with clause 340.
83 Only certain goods to be kept in licensed depots
(1) No goods may be kept in a licensed depot except:(a) dangerous goods, or(b) packages for the dangerous goods kept or to be kept in the depot, or(c) tools, implements, mats or overshoes necessary for the efficient operation of the depot or required to be kept in the depot by this Regulation, or(d) goods approved for the purposes of this clause.(2) No greater quantity of dangerous goods may be kept in a licensed depot than the quantity that it is licensed to contain.Contravention of this clause is an offence and is punishable in accordance with clause 340.
84 Depots to comply with this Part
(1) A depot must not be specified as a depot or magazine in a licence for premises unless it conforms, or would (if so specified) conform, to the applicable provisions of this Part, AS 2507 (The storage and handling of agricultural and veterinary chemicals) or AS 3833 (The storage and handling of mixed classes of dangerous goods in packages and intermediate bulk containers).(2) If a depot does not conform to the applicable provisions of this Part, AS 2507 or AS 3833 and it is situated in or on:(a) licensed premises—the licensee of the premises, or(b) any other premises or place—the occupier of the depot,is guilty of a breach of this Regulation.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
85 Location of depots (general)
(1) Subject to this Regulation, a depot must not be located within a compound, or an area enclosed by the bund wall, of another depot if the dangerous goods kept in or on the depots are incompatible.(2) A depot must not be so located that piping or a pipeline (other than piping or a pipeline used for the conveyance of dangerous goods of a kind kept in the depot or of goods compatible with those dangerous goods kept in the depot) passes through, over, under or within 3 metres of the depot.Contravention of this clause is an offence and is punishable in accordance with clause 340.
86 Location of depots (distance from certain places and works)
(1) In this clause, prescribed separation distance means a distance prescribed by this Regulation as a prescribed separation distance for the purposes of this clause.(2) If a provision of this Regulation prescribes a separation distance between a depot and:(a) a protected place, or(b) a protected work, or(c) any other place, building, installation or thing,that protected place, protected work or other place, building, installation or thing is an exposure for the purposes of this clause and of the clause in which the provision occurs.(3) A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot if it is, or if so used would be, less than the prescribed separation distance from an exposure, unless the use is in accordance with the terms and conditions of an approval under subclause (4).Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(4) If by reason of the erection of a building or any other occurrence during a period when a licence for premises is in force, a building, structure, room, compartment, tank, store, area or receptacle in or on the premises is, or if used as a depot would be, within a prescribed separation distance from an exposure, the WorkCover Authority may approve, on such conditions as it may (subject to subclause (5)) see fit to impose, of the use of the building or other thing as a depot pending the alteration of the licence or the issue of a new licence in consequence of the occurrence.(5) The conditions imposed under subclause (4) are to be such that if the licence for the premises had been issued immediately after the occurrence and subject to those conditions, the building or other thing would have been within a prescribed separation distance from any exposure.(6) Subject to clause 107 (3), if more than one separation distance between a depot and an exposure is prescribed by this Regulation, the prescribed separation distance for the purposes of this clause is the longer or longest of those distances.
87 Prevention of escape of liquid, gaseous or molten dangerous goods
Suitable measures must be taken, by grading or otherwise, to prevent liquid, gaseous or molten dangerous goods kept in a depot from flowing into, onto or beneath any other depot not in the same compound, protected place or protected work.Contravention of this clause is an offence and is punishable in accordance with clause 340.
88 Employment of persons to watch over depots
If the WorkCover Authority (by notice in writing to the licensee of premises in or on which a depot is situated) so requires, the licensee must employ a trustworthy person of or over 18 years of age to watch over the depot during such hours as are specified in the notice.Contravention of this clause is an offence and is punishable in accordance with clause 340.
89 Handling of dangerous goods
(1) The licensee of premises must observe, or cause to be observed, the requirements of this clause.(2) Every person engaged as an employee or otherwise in work in or on licensed premises must to the extent practicable, having regard to the nature and scope of his or her duties or occupation, observe the requirements of this clause.(3) All dangerous goods received into licensed premises and not required for immediate use must, as soon as practicable (but within 12 hours), be conveyed into the depot in which they are to be kept in or on the premises.(4) All dangerous goods taken from a depot in or on licensed premises for despatch from the premises must, as soon as practicable (but within 12 hours), be removed from the premises.(5) Dangerous goods other than solid goods must not be conveyed within licensed premises except:(a) in closed containers so constructed that the goods cannot escape during conveyance, or(b) by means of pipes so constructed and connected that the goods or vapour from them cannot escape from the pipes during the conveyance.(6) A packaging containing dangerous goods in or on licensed premises:(a) must not be opened except in the area in which the goods are to be used or in the immediate vicinity of the depot in which they have been or are to be kept, and(b) when opened for the removal of goods must:(i) be left open only for the time necessary for that removal, and then immediately closed, and(ii) if goods (other than goods to the keeping of which this Division does not apply) remain in the packaging and it is outside a depot, be immediately placed in a depot, and(iii) if no goods remain in the packaging, be immediately removed to a safe place.(7) All practicable precautions must be taken for preventing the escape of dangerous goods, or vapour from dangerous goods, from a packaging, a tank or any other container.(8) Dangerous goods kept in or on or received into licensed premises must, if the packagings are damaged, leaking or otherwise defective, be immediately repacked into sound packagings.(9) Dangerous goods spilled in or on licensed premises must:(a) immediately be cleaned up, and(b) minimising to the maximum extent practicable any danger to persons, other property or the environment, be kept and ultimately disposed of in compliance with any applicable Australian Standard.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person under the age of 16 years must not be:(a) employed in a licensed depot, or(b) allowed to enter a licensed depot except in the presence and under the supervision of a person of or over the age of 18 years.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person who is intoxicated must not be allowed to enter or remain in a licensed depot.Contravention of this clause is an offence and is punishable in accordance with clause 340.
(1) A licensed depot must at all times be kept clean and in good order.(2) Before any repairs that may jeopardise the safety of persons, goods or the environment are carried out in or to a licensed depot all goods must be removed from the area of the repairs and the area must be thoroughly swept out or washed out.Contravention of this clause is an offence and is punishable in accordance with clause 340.
(1) A person must not:(a) smoke in or within 3 metres of a depot, or(b) take into, or within 3 metres of, a depot:(i) any fire, flame, matches, charcoal, oiled rags, oiled cotton, oiled waste or grit, or(ii) any substance or article liable to spontaneous ignition or liable to cause fire or explosion,unless it is to be kept in the depot in accordance with the Act and this Regulation.(2) Subject to subclause (3), a person must not in a Zone 0, 1 or 2 (as defined by AS 2430 (Classification of hazardous areas) in relation to a depot for flammable liquid):(a) ignite, carry, or have in his or her possession any fire or flame, or(b) carry out any welding, oxy-acetylene cutting or hot tapping or any other process or operation liable to cause fire or explosion.(3) An act does not contravene subclause (2) if:(a) it is done with the approval of the WorkCover Authority, or(b) it is done in an emergency, or(c) between the depot and the place where the act is done there is a screen wall and from that place the closest distance around the screen wall to any part of the bund wall or to the opening into the depot is at least 15 metres.(4) If:(a) a person carries out a process or operation in an emergency, and(b) the carrying out of the process or operation otherwise than in an emergency would have contravened subclause (2),the person must immediately notify the WorkCover Authority of the carrying out of the process or operation.(5) Subject to this Regulation, the area within 5 metres from a depot, other than an internal depot, must be kept clear of dry grass, unmown grass, undergrowth and all other combustible material.Contravention of this clause is an offence and is punishable in accordance with clause 340.
94 Fire hazards (vehicles and other appliances)
(1) In this clause:(a) appliance means any kind of powered vehicle, plant, appliance or device, whether mobile or not, and whether or not it is designed for industrial, commercial or rural operation, and(b) a reference, in relation to a depot, to a location of a Zone is a reference to a location in or about the depot that is, or is within, that Zone as defined by AS 2430 or that is taken by any provision of this Regulation to be within that Zone.(2) The licensee of premises in or on which a depot is situated or the occupier of a depot in or on premises that are not licensed premises must not operate, or cause, permit or suffer any person to operate, in a location:(a) of Zone 1 or 2, an appliance powered by an internal combustion engine with spark ignition, or(b) of Zone 1, an appliance powered by an electric motor unless it:(i) complies with AS 1915 (Electric equipment for explosive atmospheres—Battery-operated vehicles) or another approved Standard, and(ii) is of an approved type, or(c) of Zone 2, an appliance powered by an electric motor unless it:(i) is not equipped with any arcing or sparking equipment or is equipped with arcing and sparking equipment protected in an approved manner, and(ii) is of an approved type, or(d) of Zone 1, an appliance powered by a compression ignition internal combustion engine unless it:(i) is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) or with the provisions of AS 2359 (Powered industrial trucks), Part 12 (Hazardous areas), relating to operation in such a Zone, and(ii) conforms to the requirements set out in subclause (4), or(e) of Zone 2, an appliance powered by a compression ignition internal combustion engine unless it:(i) is so constructed or has been so modified that it conforms to the requirements set out in subclause (3) (f), (g) and (k), and(ii) is fitted with a switch to cut out all electrical equipment that may arc or spark and that switch is kept open at all times when the appliance is so operated, and(iii) conforms to the requirements set out in subclause (4).Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(3) The requirements referred to in subclause (2) (d) (i) in relation to an appliance are that:(a) all electrical equipment is removed from the appliance or is protected by approved flame-proofing, pressurising or purging, or a combination of any or all of these methods, or other approved means, and(b) adequate flame paths on all inlet and exhaust connections are provided, and(c) all joints in the inlet and exhaust lines including the attachment of the inlet and exhaust manifold to the block have at least 12 millimetre sealing paths, and(d) gaskets, if used, are of copper 1.5 millimetres thick or material of any other approved kind, and(e) a flame trap is fitted to the inlet, and(f) a strangler is fitted in the inlet, with controls that are within easy reach of the operator of the appliance when he or she is at the operating position, and(g) a water wash box is provided for quenching the exhaust and the wash box contains sufficient water to allow 8 hours’ operation without refilling, and(h) either:(i) a flame trap consisting of a stack of stainless steel plates spaced not more than 0.4 millimetres apart and having a depth of not less than 50 millimetres in the direction of the gas stream is fitted to the end of the exhaust, or(ii) an approved water wash box is used with a make-up tank and a low-level cut-off switch that are such that if the water level in the box drops to a level that renders the water wash inoperative the motor will automatically stop and cannot be restarted until the water is replenished, and(i) the maximum temperature reached by any part of the appliance in contact with the atmosphere outside it does not at any time exceed 200°Celsius when it is in operation, and(j) all components of the appliance are of sufficient strength to withstand an internal explosion of a mixture of propane and air giving the highest explosion pressure possible for such a mixture, and(k) mechanical sparks cannot be produced in the engine compartment of the appliance through its operation.(4) The requirements referred to in subclause (2) (d) (ii) and (e) (iii) in relation to an appliance are that:(a) the assembled appliance has been inspected by an inspector and approved by him or her, and(b) its engine unit is at all times maintained in good condition and efficient working order, and(c) if a flame trap is provided under this clause, it is cleaned with a suitable chemical detergent at the end of each day or shift during which the appliance has been operated, and(d) the water wash tank so provided and the wash box make-up tank if so provided are drained, flushed and refilled at the end of each such day or shift, and(e) the baffles in the water wash box are removed and cleaned at such regular intervals as are desirable for the efficient operation of the wash box having regard to its construction and the condition of the engine.
95 Electrical apparatus and wiring
(1) A building, structure, room, compartment, tank, store, area or receptacle must not be used as a depot unless its electrical wiring and equipment and the electrical wiring and equipment in its immediate precincts delimited a hazardous area by the relevant provisions of AS 2430:(a) conform to the provisions of AS 3000 (SAA Wiring Rules) that relate to electrical equipment in hazardous locations, and(b) are approved.(2) A fuel dispenser must not be used to dispense dangerous goods of Class 2.1 or 3 unless the electrical equipment in the area around the fuel dispenser delimited a hazardous area by the relevant provisions of AS 2430:(a) conforms to the provisions of AS 3000 that relate to electrical equipment in hazardous locations, and(b) is approved.Contravention of this clause is an offence and is punishable in accordance with clause 340.
96 Sprinklers, fire hose reels and hydrants
If this Part requires the provision in or in respect of a depot of:(a) sprinklers—they must conform to the requirements of AS 2118 (Automatic fire sprinkler systems) that relate to the fire hazard in respect of which they are provided, or(b) fire hose reels—they must be installed and maintained in accordance with AS 2441 (Installation of fire hose reels) and AS 1851 (Maintenance of fire protection equipment), Part 2 (Fire hose reels), or(c) fire hydrants—they must be installed and maintained in accordance with AS 2419 (Fire hydrant installations).Contravention of this clause is an offence and is punishable in accordance with clause 340.
97 Requirements for fire-fighting equipment
(1) Apparatus and equipment for fire-fighting, other than portable fire extinguishers, required by or under this Part to be provided in or on premises:(a) must be compatible with the apparatus and equipment of the relevant fire authority, and(b) must not be installed unless their plans and specifications have been approved, and(c) must be so maintained that they are at all times in an efficient state and capable of instant use.(2) If by or under this Part a fire hydrant is required to be provided at a place in or on premises:(a) a hose (or 2 hoses, in total) at least 30 metres long, together with a hose nozzle, hose connectors, 2 hydrant spanners and any other fittings that are necessary, must be provided at that point, and(b) the hydrant must be capable of throwing a water stream to a distance of 20 metres from a 30 metre hose equipped with a 25 millimetre diameter nozzle, and(c) if more than one hydrant is required to be provided, such number of adjustable stream nozzles as is sufficient for the needs of the fire-fighting installation, and to enable that installation to be operated from at least 2 hydrant points, must be provided.Contravention of this clause is an offence and is punishable in accordance with clause 340.
98 Fire extinguishers to be provided at certain depots
(1) If by clause 99 a notice and label, or notice and labels, are required to be kept exhibited at a depot, at least one dry chemical fire extinguisher having a rating of at least 60B when tested in accordance with AS 1850 (Portable fire extinguishers—Classification, rating and performance testing) must at all times be provided at and for the protection of the depot and in such a position that it can conveniently be used for such protection.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subclause (1) does not require the provision of more than one fire extinguisher for 2 or more depots in or on the same premises if that clause can be complied with by the provision of one fire extinguisher for both or all those depots.(3) Subclause (1) does not apply to or in respect of a depot of any class if specific provision is made by this Regulation for the provision of fire-fighting equipment in respect of depots of that class.
99 Notices and labels to be exhibited at depots
(1) Subject to subclause (2), there must at all times be kept exhibited at an above-ground depot (other than an internal magazine) for the keeping of dangerous goods of the class or description specified in Column 1 of the Table to this clause:(a) a notice containing only:(i) the words specified in Column 3 of the Table opposite that class or description of dangerous goods, or(ii) if “Proper Shipping Name of the goods” is specified, that name, and(b) a label setting out the class to which the goods belong.(2) A notice or label need not be kept exhibited at a depot for the keeping of dangerous goods of the class or description specified in Column 1 of the Table if the quantity of dangerous goods of that class or description kept in the depot does not exceed the quantity specified in Column 2 of the Table opposite that class or description of dangerous goods.(3) At any depot, whether licensed or not, in or on which is kept a quantity of dangerous goods exceeding:(a) if the goods kept are of Class 2.2 (not being a cryogenic liquid)—300 cubic metres measured at MSC, or(b) if the goods kept are of any other class (or a combination of any other classes)—1 000 kilograms in the case of solids or 1 000 litres in the case of liquids,there must at all times be kept exhibited a notice containing the words “Danger No Smoking” and a label setting out the class to which the goods belong and the subsidiary risk, if any, assigned to the goods (aerosols being dangerous goods of Class 2.1 or 2.3 kept in retail outlets are exempt from these requirements).(4) At a licensed depot in or on which are kept dangerous goods of subsidiary risk 3, 4.1, 4.2, 4.3 or 5.1 there must at all times be kept exhibited a notice containing the words “Keep Fire Away”.(5) The requirements of this clause relating to the exhibition of notices and labels are additional to each other.(6) A notice must be in letters at least 50 millimetres high and conforming to Type B of AS 1744 (Forms of letters and numerals for road signs).(7) A notice required to be kept exhibited at a depot for the keeping of dangerous goods of Class 1.1B, 1.1D, 1.2 or 1.3 must be in accordance with AS 2187 (Explosives—Storage, transport and use), Part 1 (Storage).(8) A label must have sides of at least 250 millimetres in length and, subject to subclause (7), conform to the specifications for class labels and subsidiary risk labels in the ADG Code.(9) The notice and label must be kept exhibited in such a position as to be clearly legible by any person approaching or at the depot, and if there is more than one point of access to the depot, the notice and label must be kept exhibited at each point of access in such a position as to be clearly legible by persons when having access to the depot at that point.(10) No writing or sign may be displayed at or near a notice or label required to be exhibited by this clause if the writing or sign contradicts, qualifies or distracts attention from the notice or label.Contravention of this clause is an offence and is punishable in accordance with clause 340.
Table Notices to be exhibited at depots
Column 1
Class or description of dangerous goodsColumn 2
Exemption quantity (labelling level)Column 3
Notice to be exhibitedClass 1.1B, 1.4B or 1.4S, being detonators
110
Detonators
Class 1.1, not being detonators
2.5 kg
Explosives
Class 1.2
2.5 kg
Explosives
Class 1.3
2.5 kg
Explosives
Class 1.4, not being detonators or Class 1.4S
200 kg
Explosives
Class 1.4S, not being detonators
1 000 kg
Proper Shipping Name of the goods
Class 1.5
2.5 kg
Explosives
Toy fireworks (regardless of whether they are of Class 1.3G, 1.4G or 1.4S)
1 000 kg
Danger No Smoking; Fireworks; Keep Fire Away
(All Class 1 mass limits are NEQ)
Class 2.1, if liquefied, not being unodorized LP gas
150 kg
Danger No Smoking; Keep Fire Away
Class 2.1, being unodorized LP gas
150 kg
Danger No Smoking; Keep Fire Away; Unodorized LP Gas
Class 2.1, if not liquefied
60 cu m (at MSC)
Danger No Smoking; Keep Fire Away
Class 2.2, not being a cryogenic liquid
300 cu m (at MSC)
Danger No Smoking
Class 2.2, being a cryogenic liquid but including UN No 2187 and UN No 2201
300 cu m (at MSC)
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 2.3, if liquefied
50 kg
Danger No Smoking; Proper Shipping Name of the goods
Class 2.3, if liquefied and with subsidiary risk of 2.1
50 kg
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 2.3, if not liquefied
20 cu m (at MSC)
Danger No Smoking; Proper Shipping Name of the goods
Class 2.3, if not liquefied and with subsidiary risk of 2.1
20 cu m (at MSC)
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 3, Packing Group I
100 L
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 3, Packing Group II or III
1 000 L
Danger No Smoking; Keep Fire Away
Class C1 or C2 combustible liquids
1 000 L
Danger No Smoking; Keep Fire Away
Class 4.1, Packing Group I or nitrocellulose (UN No 2557)
25 kg or L
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.1, Packing Group II, being self-reactive substances (UN Nos 3221 to 3240 inclusive)
50 kg or L
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.1, Packing Group II, not being self-reactive substances or nitrocellulose, or III
1 000 kg or L
Danger No Smoking; Keep Fire Away
Class 4.2, Packing Group I
25 kg or L
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 4.2, Packing Group II or III
1 000 kg or L
Danger No Smoking; Keep Fire Away
Class 4.3, Packing Group I
25 kg or L
Danger No Smoking; Keep Fire Away; Keep Water Away; Proper Shipping Name of the goods
Class 4.3, Packing Group II or III
1 000 kg or L
Danger No Smoking; Keep Fire Away; Keep Water Away
Class 5.1, Packing Group I
25 kg or L
Danger No Smoking; Keep Fire Away; Proper Shipping Name of the goods
Class 5.1, Packing Group II or III
1 000 kg or L
Danger No Smoking; Keep Fire Away
Class 5.2
1 000 kg or L
Danger No Smoking; Keep Fire Away
Class 6.1, Packing Group I
10 kg or L
Danger No Smoking; Proper Shipping Name of the goods
Class 6.1, Packing Group II or III
1 000 kg or L
Danger No Smoking
Class 8, Packing Group I
50 kg or L
Danger No Smoking; Proper Shipping Name of the goods
Class 8, Packing Group II or III
1 000 kg or L
Danger No Smoking
Class 9
1 000 kg or L
Danger No Smoking
Aerosols being dangerous goods of Class 2.1 or 2.2 kept in retail outlets are exempt from these requirements.
100 Dangerous goods to be removed from premises on termination of licence
If:(a) a licence for premises has ceased to be in force, and(b) no person is the occupier of the premises, and(c) a person has an immediate right to enter into the occupation of the premises,the person referred to in paragraph (c) must immediately remove or cause to be removed from the premises all dangerous goods, other than goods to the keeping of which this Part does not apply, that are in or on the premises.Contravention of this clause is an offence and is punishable in accordance with clause 340.
101 Vents in ventilating systems
If, in accordance with this Part, a vent has been provided for natural ventilation, or as part of or in connection with a mechanical ventilation system, a person must not prevent the vent from operating or affect its operation by placing articles or substances in or near it.Contravention of this clause is an offence and is punishable in accordance with clause 340.