Division 4Division 4 Keeping of dangerous goods of Class 3 and combustible liquids
In this Division, dangerous goods means dangerous goods of Class 3 and combustible liquids.
136 Goods that may be kept in or on unlicensed premises
(1) For the purposes of section 9 (1) (c) of the Act, the prescribed quantity of dangerous goods that may be kept in or on the same unlicensed premises is:(a) if the goods are of Class 3 Packing Group I or II not kept in an underground tank—100 litres or less, or(b) if the goods are of Class 3 Packing Group III not kept in an underground tank—1 000 litres or less, or(c) if the goods are of Class 3 kept in or on any premises or place not less than 2 hectares in area in or on which a rural industry is carried on—5 000 litres or less, or(d) if the goods are of Class C1 (combustible liquids) not kept in a tank having a capacity exceeding 50 000 litres—an unlimited quantity, or(e) if the goods are of Class C2 (combustible liquids)—an unlimited quantity, or(f) if the goods are:(i) of Class 3 Packing Group I or II kept in approved packages each having a capacity not exceeding 5 litres, or(ii) of Class 3 Packing Group III kept in approved packages each having a capacity not exceeding 25 litres,and, as packaged, are manufactured products—an unlimited quantity.(2) For the purposes of section 9 (1) (c) of the Act, the prescribed manner and conditions of the keeping of the dangerous goods referred to in subclause (1) in the quantities prescribed by that subclause are that:(a) they are kept and handled in accordance with AS 1940 (The storage and handling of flammable and combustible liquids), and(b) the provisions of Part 3 and clause 139 are observed in relation to them.
137 Keeping of other dangerous goods
Subject to this Division, a person who keeps dangerous goods (other than goods referred to in clause 136 in the quantities prescribed by that clause) must comply (or cause compliance) with the provisions of AS 1940 relating to the goods.Contravention of this clause is an offence and is punishable in accordance with clause 340.
138 Self-service fuel dispensing units
(1) A person who keeps dangerous goods, being vehicle fuel, for sale or supply by means of a self-service fuel dispensing unit (other than a coin or card operated dispensing unit) must in relation to the unit comply (or cause compliance) with the provisions of this clause (except subclauses (6) and (7)).(2) Instructions for the operation of the unit must be clearly displayed on or immediately adjacent to it.(3) The unit and the area surrounding it must be adequately illuminated when the unit is in operation.(4) A person (an operator) must be appointed to control and supervise from a control point the operation of the unit when it is in operation for the sale of fuel.(5) A person must not be appointed as an operator unless he or she:(a) is a trustworthy person of or over the age of 18 years, and(b) is fully conversant with the manner of operation of the unit by the users and the system employed for the sale of fuel by means of the unit.(6) When a vehicle is standing near a self-service fuel dispensing unit, the driver of the vehicle must ensure that its engine:(a) is stopped before the fuel tank is opened, and(b) remains stopped while the dangerous goods are being dispensed into the vehicle.(7) A person must not smoke within 3 metres of a self-service fuel dispensing unit.Contravention of this clause is an offence and is punishable in accordance with clause 340.
A person must not keep dangerous goods of Class 3 Packing Group I or II:(a) in a tank in or under a building in which a person resides, or(b) in an above-ground tank in or on any premises less than 2 hectares in area in a residential area of a city or town.Contravention of this clause is an offence and is punishable in accordance with clause 340.
If, in relation to a depot licensed for the keeping of flammable liquid, Rule 4.3.3 of AS 1940 is complied with by the provision of a compound away from the depot for the reception of flammable liquid draining from the depot, the compound must be so situated that the distances set out in Table 4.1 of AS 1940 are adhered to as though the compound were a depot having a licensed capacity one quarter that of the depot.Contravention of this clause is an offence and is punishable in accordance with clause 340.
141 Fire protection for certain above-ground tanks
(1) In relation to premises in respect of which a person is required by AS 1940 to provide fixed foam systems for above-ground tanks, the provisions of:(a) subclauses (2)–(11), and(b) such of the provisions of sections 9 and 10 of AS 1940 as are not at variance with those subclauses,must be observed.Contravention of this subclause is an offence and is punishable in accordance with clause 340.
(2) Subject to subclause (3), a fixed foam protection system for extinguishing fires must be installed on every depot that:(a) is a fixed roof tank or a floating roof tank, and(b) has a diameter greater than 6 metres.(3) Subclause (2) does not apply to or in respect of a tank containing dangerous goods of Class C1 or C2 (combustible liquids) if it is not situated in the area within the bund wall surrounding a tank or tanks for the keeping of flammable liquid.(4) The fixed foam protection system installed on a floating roof tank must be capable of covering the circumferential seal of the tank with foam in not more than 2 minutes.(5) A suitable fitting must be provided for the supply of water into the foam protection system by means of a pump operated by the New South Wales Fire Brigades or other community fire-fighting service (the system must be so designed that it will continue to provide the requisite quantities of foam while the pump is connected to the system despite any failure of any pump that is a permanent part of the system).(6) Permanent pipe lines, galvanised and, if practicable, laid above ground, and fitted with suitable valves, must be provided for the supply of foam to the tanks from a control point.(7) All horizontal foam pipe lines of the system must be adequately flushed with water at intervals not longer than 6 months and means for carrying out such flushing must be provided.(8) All the horizontal foam pipe lines must be hydrostatically pressure-tested at twice the normal operating pressure at intervals not longer than 2 years.(9) The system must be tested by the use of foam at intervals not longer than 12 months.(10) A record must be kept of every test carried out under subclauses (8) and (9) and of every flushing carried out under subclause (7) and the records must:(a) be kept at the depot for a period of at least 5 years, and(b) whenever an inspector within that period so requires, be produced for his or her examination.(11) Dangerous goods must not be placed in a tank until the foam protection installation of the tank has been tested and passed by an inspector for compliance with this Regulation.
142 Keeping of carbon disulfide
(1) Carbon disulfide must not be kept in or on licensed premises if any other flammable liquid is also kept in or on those premises, unless:(a) the electrical installation and the electrical equipment of the depot or depots where the carbon disulfide is kept conforms to AS 3000 (SAA Wiring Rules) and is approved for the purposes of this paragraph, and(b) nothing in the depot or depots, with the exception of the electrical equipment, has a surface temperature in excess of 90°Celsius.(2) A tank for the keeping of carbon disulfide must:(a) be constructed of welded mild steel, and(b) be within a pit or enclosure, impervious to water and carbon disulfide and having a capacity at least equal to that of the tank (if there is only one) or to the aggregate capacity of all such tanks in the pit or enclosure,and the ullage space in the tank must be kept filled with water or an inert gas.(3) The pit or enclosure referred to in subclause (2) (b) must be kept wholly or partly filled with water.Contravention of this clause is an offence and is punishable in accordance with clause 340.
143 Abandonment of disused underground tanks
(1) If an underground tank has been used for the keeping of flammable or combustible liquid and no flammable or combustible liquid has been placed in or taken from it for a continuous period of 6 months, the licensee or occupier of the premises in or on which it is situated must immediately remove any remaining liquid from, and abandon, the tank in compliance with AS 1940.(2) The person abandoning the tank must, within 7 days of the abandonment, notify the WorkCover Authority in writing of the abandonment.Contravention of this clause is an offence and is punishable in accordance with clause 340.
If a floating pan is installed in a cone roof tank being a licensed depot for the keeping of dangerous goods, there must not be a foam dam near the wall seal.Contravention of this clause is an offence and is punishable in accordance with clause 340.