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DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004 (NO 9 OF 2004)
2004
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004
EXPLANATORY STATEMENT
Circulated by authority of the
Minister for
Industrial Relations
Ms Katy Gallagher MLA
DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004
The Dangerous Substances Act 2004 (the Dangerous Substances Act)
establishes a modern duty-based framework for the regulation of dangerous goods
and hazardous substances in the ACT. The objective of the Act is to protect the
health and safety of people and to protect property and the environment from
damage from the hazards associated with dangerous substances.
This Part contains regulations 1 to 5 dealing with formal matters such as the name of the regulations, the commencement day, the role of the dictionary, the role of notes and the application of the Criminal Code to offences under the regulations.
Part 2 Licences
Section 54 of the Act explains that licences
can be granted for up to 3 years, or a shorter period specified by the
regulations. It is appropriate that people who wish to handle dangerous
substances be required to reapply for a licence at specified intervals.
Regulation 50 states that licences issued before 1 July 2005 will not be
issued for a term longer than 1 year. The dangerous substances regulatory
regime established through the Act and regulations is complex. Limiting the
maximum term will enable close monitoring of the operation of the new regime and
of industry compliance in the bedding down period following commencement.
Section 224 of the Act requires that its operation be reviewed as soon as
practical after 30 June 2005. The term of licences can be re-examined in that
context.
Part 3 Asbestos and asbestos products
This Part
contains regulations 150 to 171 which effectively prohibit the
import, manufacture, supply (including sale), storage, use, re-use and
installation of all types of asbestos. On 18 May 2001, the Workplace Relations
Ministers’ Council agreed to a nationwide ban on the import and use of
asbestos from 31 December 2003. The Dangerous Goods (Asbestos) Amendment
Regulations 2003 gave effect to the nationally agreed ban. These regulations are
repealed by the commencement of the Dangerous Substances Act.
New
asbestos prohibition regulations are incorporated into Part 3 of the Dangerous
Substances (General) Regulations 2004. Changes to the regulations reflect the
regulatory regime established in the Dangerous Substances Act. Section 73 (b)
of the Dangerous Substances Act defines a “prohibited dangerous
substance” as a substance (other than a prohibited explosive) declared
under the regulations to be a prohibited dangerous substance. Asbestos and
asbestos products are declared prohibited dangerous substances in regulation
155.
The ban is not restricted to workplaces and all persons are
required to comply. The ban does not apply to asbestos or asbestos products that
were already fixed or installed (“in situ”) as of 31 December
2003 (for example, in car brake linings). However, when they require
replacement, an alternative which does not contain asbestos must be used.
The regulations provide for the nationally agreed exemptions for the use
of chrysotile products as declared by the National Occupational Health and
Safety Commission (NOHSC) and for the expiration date of the exemptions. The
regulations also provide for the issuing of a certificate of exemption where an
application is approved to import, supply, store or use a chrysotile product
where the use is an exempt use as set out in the NOHSC exemptions. This
certificate of exemption will also be relied upon by Customs to allow the import
of asbestos or products containing asbestos into the country under the customs
regulations. All references to chrysotile and chrysotile products will expire
on 31 December 2007 which is the latest date at which the nationally
agreed exemptions may end.
The regulations also prescribe activities which
are authorised for all types of asbestos and asbestos products. These are:
scientific research, sampling for identification and demonstrations, education
and training. Strict conditions apply to these activities to protect the health
of people handling or exposed to the asbestos or asbestos product.
The
transport of asbestos is regulated by the Road Transport Reform (Dangerous
Goods) Act 1995 (Cth).
Chapter 9 of the Act provides for the administrative review of decisions of
the Minister, the Chief Executive or an inspector which are prescribed in the
regulations. Section 187 provides that if the decision-maker makes a reviewable
decision, the decision-maker must provide written notice to persons prescribed
in the regulations for the decision. Section 188 provides for the internal
review of prescribed decisions. Part 5 of the regulations establishes a
schedule of decisions (schedule 1) which are reviewable, identifies the
decision-maker and the persons to whom notice must given. Sections 188 to 190
of the Act also provide for the internal review of prescribed decisions.
Schedule 1 sets out which decisions of inspectors are internally reviewable.
Decisions by an internal reviewer, or a reviewable decision other than an
internally reviewable decision can be reviewed by the administrative appeals
tribunal on the application of a person whose interests are affected by the
decision.
Part 5 modifies chapter 14 (Consequential and transitional matters) of the
Act in relation to the termination of certain categories of licences and permits
issued under the Dangerous Goods Act 1975, Dangerous Goods Regulations
1978, and the Occupational Health and Safety Regulations 1991. Specifically,
existing prescribed former licences (not including former explosives licences)
are not ended until 31 August 2004 or until the end of the term (whichever is
the later); existing shotfirer’s permits are not ended until 14 May 2004
at which time all permits are ended; existing general public display fireworks
permits are not ended until 14 May 2004 at which time all permits are ended;
existing blasting permits are not ended until 31 August 2004 at which time all
permits are ended.
Existing shotfirer’s, general public display
fireworks (equivalent to display operator licence), and blasting permits are
taken to be in force under the Dangerous Substances (Explosives) Regulations
2004 during the transitional period between the commencement of the Act and
regulations and the end of the prescribed period.
Schedule 1 Reviewable decisions
Part 1.1 sets out the decisions of the chief executive under the Act
which are reviewable and the persons who must be notified of the decision.
Part 1.2 sets out the decisions of the inspectors which are internally
reviewable and the persons who must be notified of the decision. Part 1.3
sets out the decisions of the chief executive under these regulations which
are reviewable and the persons who must be notified of the decision.
The dictionary contains further definitions of terms and concepts used in
these regulations.
The regulations come into effect on 5 April 2004.