Hazardous Substances (Classes 1 to 5 Controls) Amendment Regulations 2004

2004/42

Hazardous Substances (Classes 1 to 5 Controls) Amendment Regulations 2004


Note

These regulations are administered in the Ministry for the Environment.


Pursuant to sections 75 and 76 of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.

Contents


1 Title
2 Commencement
  • These regulations comes into force on 26 March 2004.

3 General outline of Part 4
  • Regulation 53 of the principal regulations is amended—

    • (a) by omitting from paragraph (b) the word ; and

    • (b) by revoking paragraph (c).

4 Certain class 2, 3, and 4 substances to be under control of approved handlers
  • (1) Regulation 56(1) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) unless otherwise provided in these regulations,—

      • (i) be secured to the standard of security specified in regulation 74, in the case of class 4.1.2A, 4.1.213, 4.1.2C, or 4.1.2D substances; or

      • (ii) be able to be secured so that a person cannot gain access to the substances without tools, keys, or any other device used for operating locks, in the case of any other class 2, 3, or 4 substance.

    (2) Regulation 56(2)(a) of the principal regulations is revoked.

5 Requirement to establish a hazardous atmosphere zone
  • Regulation 58 of the principal regulations is amended by omitting the expression 2.1.1, and substituting the expression 2.1.1 A, 2.1.113, 2.1.2A.

6 Requirements to reduce likelihood of unintended ignition of class 2.1.1, 2.1.2, and 3.1 substances
  • (1) Regulation 60(1) of the principal regulations is amended by omitting the words to be.

    (2) Regulation 60(1) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) where regulation 61 is elected, manage the substance under the conditions specified in subclause (2) or sub clause (6) of that regulation; and.

    (3) Regulation 60(2) of the principal regulations is amended by omitting the expression 61,.

7 Methods of complying with regulation 61
  • Regulation 62(1) of the principal regulations is amended by omitting the word Compliance, and substituting the words In the case of an electrical ignition source, compliance.

8 Methods of complying with regulation 63
  • Regulation 64(1) of the principal regulations is amended by omitting the word Compliance, and substituting the words In the case of an electrical ignition source, compliance.

9 Methods of complying with regulation 69
  • Regulation 70(1) of the principal regulations is amended by omitting the word Compliance, and substituting the words In the case of an electrical ignition source, compliance.

10 New regulation 71 substituted
  • The principal regulations are amended by revoking regulation 71, and substituting the following regulation:

    71 Limits on ignition sources
    • Except where the ignition of the substance is intended, no class 3.2 or 4 substance may be exposed to any ignition source that may release spark energy in a way that could result in an explosion or fire.

11 Requirements to reduce likelihood of unintended ignition of class 4.1.1 substances that may cause fire through friction
  • Regulation 73 of the principal regulations is amended by omitting the word Class, and substituting the words Except where the substance is intentionally burned, class.

12 Requirements to reduce likelihood of unintended ignition of class 4.1.2 substances
  • (1) Regulation 74 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) If a class 4.1.2A, 4.1.213, 4.1.2C, or 4.1.21) substance is required under regulation 56(1) to be secured, the substance must be secured in a container (not packaging) that conforms to—

      • (a) the appropriate construction requirements for containers set out in section 3 of AS 2714:1993; or

      • (b) a standard approved by the Authority that provides for substantially similar requirements concerning containers in which such a substance must be secured.

    (2) Regulation 74 of the principal regulations is amended by revoking subclauses (5) and (6), and substituting the following subclause:

    • (5) Except where the ignition of the substance is intended, no class 4.1.2 substance may be subject to any impact or pressure shock that could result in an explosion or fire.

13 Segregation requirements for class 2, 3, and 4 substances
  • (1) Regulation 76 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) Except where the ignition of the substance is intended, the person in charge of a class 2, 3, or 4 substance must ensure that—

      • (a) the substance is not in contact with any substance or material with which it is incompatible; and

      • (b) packages of incompatible substances are held separately.

    (2) Regulation 76 of the principal regulations is amended by adding the following subclause:

    • (3) This regulation does not apply to substances that are—

      • (a) located on a vehicle, ship, or aircraft; and

      • (b) segregated in accordance with the Land Transport Rules, the Maritime Rules, or the Civil Aviation Rules, as the case may be.

14 Requirement to establish hazardous substance location
  • Regulation 77 of the principal regulations is amended by revoking subclause (3), and substituting the following subclause:

    • (3) The person in charge of the hazardous substance location must ensure that, where regulation 56 requires the quantity and hazard classification of a class 2, 3, or 4 substance (other than a class 4.1.2A, 213, 2C, or 2D substance) to be under the control of an approved handler, the requirements of regulation 56 are met.

15 Requirements to reduce likelihood of unintended ignition of class 2, 3, and 4 substances present at hazardous substance location
  • (1) The heading to regulation 78 of the principal regulations is amended by omitting the expression 2, 3,, and substituting the expression 3.2.

    (2) Regulation 78(1) of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:

    • (a) except where the ignition of the substance is intended, all class 3.2 and 4 substances are isolated from any ignition source by—

      • (i) a wall—

        • (A) with a fire resistance rating of 240/240/240 minutes; and

        • (B) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall; or

      • (ii) a distance of not less than 3 m; and.

16 Test certification requirements where class 2.1.1, 2.1.2, or 3.1 substance present at hazardous substance location or in hazardous atmosphere zone
  • (1) Regulation 81 of the principal regulations is amended by omitting the words , or of any place where a hazardous atmosphere zone is required under regulation 58,.

    (2) Regulation 81(b) of the principal regulations is amended by revoking subparagraph (ii), and substituting the following subparagraph:

    • (ii) the substances can be secured so that a person cannot gain access to the substances without tools, keys, or any other device used for operating locks; and.

    (3) Regulation 81(f) of the principal regulations is amended—

    • (a) by omitting the expression 13, 15, and 17, and substituting the expression 21 to 23 and Part 4:

    • (b) by adding the expression ; and.

    (4) Regulation 81 of the principal regulations is amended by adding the following paragraph:

    • (g) the requirements of regulation 77(4) are complied with.

17 Test certification requirements where class 3.2 or 4 substance present at hazardous substance location
  • (1) Regulation 82(b) of the principal regulations is amended by revoking subparagraph (ii), and substituting the following subparagraph:

    • (ii) the substances can be secured so that a person cannot gain access to the substances without tools, keys, or any other device used for operating locks; and.

    (2) Regulation 82(h) of the principal regulations is amended by omitting the expression 13, 15, and 17, and substituting the expression 21 to 23 and Part 4.

18 Requirements to be met by transit depot
  • (1) Regulation 83(1) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph:

    • (b) ensure that the requirements of regulation 56 are met; and.

    (2) Regulation 83(1) of the principal regulations is amended by revoking paragraph (d), and substituting the following paragraph:

    • (d) ensure that any containers of class 2, 3, or 4 substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and.

19 Regulations revoked
  • Regulations 84 and 85 of the principal regulations are revoked.

20 Definitions specific to Part 5
  • Regulation 87 of the principal regulations is amended by omitting from paragraph (a) of the definition of incompatible the expression or 4, and substituting the expression 4, 6.1A to C, or 8.

21 Certain class 5.1.1 and 5.1.2 substances to be under control of approved handlers
  • Regulation 89(2)(a) of the principal regulations is revoked.

22 Requirements to reduce likelihood of unintended combustion or explosion of class 5.1.1 or 5.1.2 substances
  • Regulation 91(1) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraphs:

    • (ba) must be stored in a sealed package or container; and

    • (c) can be secured so that a person cannot gain access to the substance without tools, keys, or any other device used for operating locks,—.

23 Requirements to establish hazardous substance location where class 5.1.1 or 5.1.2 substances present
  • Regulation 94(4) of the principal regulations is amended by revoking paragraphs (a) and (b), and the expression that— preceding those paragraphs, and substituting the words that the requirements of regulation 89 are met.

24 Requirements to reduce likelihood of unintended ignition where class 5.1.1 and 5.1.2 substances present at hazardous substance location
  • (1) Regulation 95(1) of the principal regulations is amended by omitting the expression 96, and substituting the expression 94.

    (2) Regulation 95(1)(b) of the principal regulations is amended by revoking subparagraph (i), and substituting the following subparagraph:

    • (i) a wall—

      • (A) with afire resistance rating of 120/120/120 minutes; and

      • (B) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall; or.

    (3) Regulation 95 of the principal regulations is amended by revoking subclauses (3) and (4).

25 Extra requirements for hazardous substance location where class 5.1.1 or 5.1.2 substance to be manufactured or used
  • Regulation 96 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) The person in charge of a hazardous substance location where class 5.1.1 or 5.1.2 substances are manufactured or used must ensure that it is separated from any other such hazardous substance location by—

      • (a) a distance of not less than that specified in table 5 in Schedule 4; or

      • (b) a wall—

        • (i) with a fire resistance rating of 120/120/120 minutes; and

        • (ii) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall.

26 Test certification requirements at hazardous substance location
  • Regulation 98 of the principal regulations is amended—

    • (a) by omitting from paragraph (c) the expression 5 000, and substituting the expression 1 000

    • (b) by omitting from paragraph (d) the expression 250 kg or 200 m3, and substituting the words 100 kg (where a non-permanent gas) or 200 m3 (where a permanent gas).

27 Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
  • Regulation 99 of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraphs:

    • (b) the person in charge of the hazardous substance location is an approved handler for such substances, or can demonstrate that there is available a person who is an approved handler for such substances; and

    • (ba) the substances can be secured so that a person cannot gain access to the substances without tools, keys, or any other device for operating locks; and.

28 Requirements to be met by transit depot
  • (1) Regulation 101(1) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

    • (c) ensure that the requirements of regulation 89 are met; and.

    (2) Regulation 101(1) of the principal regulations is amended by revoking paragraph (e), and substituting the following paragraph:

    • (e) ensure that any containers of class 5.1.1 or 5.1.2 substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and.

    (3) Regulation 101 of the principal regulations is amended by revoking subclauses (2) and (3).

29 Definitions specific to Part 6
  • Regulation 105 of the principal regulations is amended by omitting from paragraph (a) of the definition of incompatible the expression or 5.1.2, and substituting the expression 5.1.2, 6.1 A to C, or 8.

30 Certain class 5.2 substances to be under control of approved handlers
  • Regulation 107(2)(a) of the principal regulations is revoked.

31 New regulation 111 substituted
  • The principal regulations are amended by revoking regulation 111, and substituting the following regulation:

    111 Limits on impact or pressure shock
    • Except where the ignition of the substance is intended, no class 5.2 substance may be subject to any impact or pressure shock that could result in an explosion or fire.

32 Requirement to establish hazardous substance location where class 5.2 substance present
  • Regulation 116 of the principal regulations is amended by revoking subclause (4), and substituting the following subclause:

    • (4) The person in charge of a hazardous substance location must ensure that the requirements of regulation 107 are met.

33 Requirements to reduce likelihood of unintended combustion or explosion where class 5.2 substance present at hazardous substance location
  • (1) Regulation 117(1)(b) of the principal regulations is amended by omitting the word by.

    (2) Regulation 117(1)(b) of the principal regulations is amended by revoking subparagraphs (i) and (ii), and substituting the following subparagraphs:

    • (i) where the hazardous substance location site boundary abuts an area of low intensity land use, by a wall—

      • (A) with a fire resistance rating of 120/120/120 minutes; and

      • (B) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall; or

    • (ii) where the hazardous substance location site boundary abuts an area of high intensity land use, by a wall—

      • (A) with a fire resistance rating of 240/240/240 minutes; and

      • (B) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall; or.

    (3) Regulation 117 of the principal regulations is amended by revoking subclauses (3) and (4).

34 Extra requirements for hazardous substance location where class 5.2 substances manufactured or used
  • Regulation 118 of the principal regulations is amended by revoking subclause (2), and substituting the following subclause:

    • (2) The person in charge of a hazardous substance location where class 5.2 substances are manufactured or used must ensure that it is separated from any other such hazardous substance location by—

      • (a) a distance of not less than that specified for incompatible substances or materials in tables 5 and 6 in Schedule 5; or

      • (b) a wall—

        • (i) with a fire resistance rating of 120/120/120 minutes; and

        • (ii) that is constructed to prevent a fire on one side of the wall from coming into contact with any such substances on the other side of the wall.

35 Matters to be certified for hazardous substance location where containers kept closed at all times or containers designed to be vented
  • Regulation 121 of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraphs:

    • (b) the person in charge of the hazardous substance location is an approved handler for class 5.2 substances, or can demonstrate that there is available a person who is an approved handler for the substances; and

    • (ba) the substances can be secured as described in regulation 123; and.

36 Requirements for securing class 5.2 substance
  • (1) Regulation 123 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) For the purposes of regulation 121(ba), where any class 5.2A, 5.2B, 5.2C, or 5.2D substance is required to be secured, it must be secured in a container (not packaging) that conforms to—

      • (a) the appropriate construction requirements for containers set out in section 3 of AS 2714:1993; or

      • (b) a standard approved by the Authority that provides for substantially similar requirements concerning containers in which such a substance must be secured.

    (2) Regulation 123(2) of the principal regulations is amended by omitting the words any container or building used to hold.

37 Requirements to be met by transit depot
  • (1) Regulation 124(1) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

    • (c) ensure that the requirements of regulation 107 are met; and.

    (2) Regulation 124(1) of the principal regulations is amended by revoking paragraph (e), and substituting the following paragraph:

    • (e) ensure that any containers of class 5.2 substances held in the transit depot but not loaded onto a vehicle are not less than 5 m from containers of incompatible substances; and.

    (3) Regulation 124 of the principal regulations is amended by revoking subclauses (2) and (3).

38 Schedule 3 amended
  • (1) Table 2 in Schedule 3 of the principal regulations is amended by omitting the item relating to 3.113, and substituting the following item:

    3.1B250 L (when in containers greater than 5 L)
     500 L (when in containers up to and including 5 L)

    (2) Table 3 in Schedule 3 of the principal regulations is amended by omitting the item relating to 2.1.1A and B, and substituting the following item:

    2.1.1A and B30 m3 (where a permanent gas)
     100 kg (where a non-permanent gas)

    (3) Tables 7 and 8 in Schedule 3 of the principal regulations are amended by omitting the regulation reference , 84.

39 Schedule 4 amended
  • (1) Table 1 in Schedule 4 of the principal regulations is amended by omitting from column 2 opposite the item relating to 5.1.2A the expression 100 m3 or 100 kg, and substituting the words 100 kg (where a non-permanent gas) or 200 m3 (where a permanent gas).

    (2) The heading to table 5 in Schedule 4 of the principal regulations is amended by adding the words and from other hazardous substance locations.

    (3) The headings to columns 2 and 3 of table 5 in Schedule 4 of the principal regulations are amended by omitting the words Minimum distance from ignition source, and substituting in each case the words Minimum separation distance.

40 Schedule 5 amended
  • (1) The heading to column 4 of table 5 in Schedule 5 of the principal regulations is amended by inserting, after the word materials, the words or other hazardous substance locations.

    (2) Table 6 in Schedule 5 of the principal regulations is amended—

    • (a) by omitting from the heading to column 3 the word high, and substituting the word low:

    • (b) by omitting from the heading to column 4 the word low, and substituting the word high:

    • (c) by inserting in the heading to column 5, after the word materials, the words or other hazardous substance locations.


Schedule
New table 4 substituted in Schedule 3 of principal regulations

r 38(3)

4Quantities of class 2, 3, and 4 substances that activate hazardous substance location and transit depot requirements

rr 55, 74, 77, 83

Hazard classificationQuantity beyond which controls apply for closed containersQuantity beyond which controls apply when use occurring in open containers
2.1.1A and B100 kg (or 100 m3 where a permanent gas)100 kg (or 100 m3 where a permanent gas)
2.1.2A3 000 L (aggregate water capacity)3 000 L (aggregate water capacity)
3.1A20 L20 L
3.1B100 L in containers greater than 5 L50 L
 250 L in containers up to and including 5 L50 L
3.1C500 L in containers greater than 5 L250 L
 1 500 L in containers up to and including 5 L250 L
3.2A, B, and C1 L1 L
4.1.1A1 kg1 kg
4.1.1B100 kg100 kg
4.1.2A and B1 kg1 kg
4.1.2C and D25 kg25 kg
4.1.2E, F, and G50 kg50 kg
4.13A, B, and C1 kg1 kg
4.2A1 kg1 kg
4.2B and C25 kg25 kg
4.3A1 kg1 kg
4.3B25 kg25 kg
4.3C50 kg50 kg

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 26 March 2004, amend the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001. The effect of the amendments is as follows:

  • regulation 3 revokes regulation 53(c) of those regulations as a consequence of the revocation of regulations 84 and 85:

  • regulation 4(1) expands regulation 56(1)(b) to ensure that its security provisions apply to class 2, 3, and 4 substances other than those specified in regulation 74. The security requirement for such substances is that the substances themselves (rather than their containers) can be secured. This is appropriate to cater for instances of bulk storage where, although the container may not be fitted with locking mechanisms, the site itself is well secured:

  • regulation 4(2) revokes regulation 56(2)(a), which requires an approved handler to be present, because that requirement is already covered by regulation 56(2)(c). A similar amendment is made in regulation 21 (for regulation 89) and regulation 30 (for regulation 107):

  • the amendment to regulation 58 (regulation 5) corrects an incorrect class reference:

  • the amendment to regulation 60(1) (regulation 6(1)) clarifies that the exemption applies only to substances that are intentionally burned, rather than to substances that may be intentionally burned in the future. A similar amendment is made in regulation 11 (for regulation 73) and regulation 13 (for regulation 76):

  • regulation 5(2) and (3) [sic: regulation 6(2) and 6(3) correct incorrect references to other regulations in regulation 60(1)(b) and 60(2):

  • the amendments to regulations 62, 64, and 70 (regulations 7 to 9) provide that the standard in those regulations applies only in respect of electrical ignition sources, not to other types of ignition sources:

  • regulation 10 (which replaces regulation 71) sets new limits on spark energy for explosives. A similar amendment is made in relation to the limits on impact and pressure shock for explosives in regulation 74 (regulation 12(2)) and regulation 111 (regulation 31):

  • the amendment to regulation 74(1) (regulation 12(1)) and regulation 123(1) (regulation 36) amends the requirements for containers used to store unstable flammable substances and organic peroxide by basing the suitability of such containers on their strength after construction in line with the Australian Standard for the storage and handling of organic peroxides:

  • the amendment to regulation 76(1) (regulation 13) clarifies that packages of incompatible substances must be held separately:

  • the amendment to regulation 77(3)(b) (regulation 14) adopts the security requirement set out in regulation 56(1)(b):

  • the amendment to the heading of regulation 78 (regulation 15(1)) corrects an incorrect class reference:

  • the amendment to regulation 78(1)(a) (regulation 15(2)) effectively imposes further requirements concerning the isolation of certain substances from an ignition source—similar amendments are made in regulation 24(2) (for regulation 95(1)(b)), regulation 25 (for regulation 96(2)), regulation 33(2) (for regulation 117(1)(b)), and regulation 34 (for regulation 118(2)):

  • the amendment to regulation 81 in regulation 16(1) has the effect of confining the trigger for the test certification requirement to where a hazardous substance location is required for class 2.1.1, 2.1.2, and 3.1 substances:

  • the amendment to regulation 81(b) (regulation 16(2)) brings that provision into line with the corresponding provision in regulation 56(b)(ii) concerning the securing of substances—similar amendments are made in regulation 17(1) (for regulation 82), regulation 22 (for regulation 91(1)(c)), regulation 27 (for regulation 99(b) and (ba)), and regulation 35 (for regulation 121(b)):

  • the amendment to regulation 81(f) (regulation 16(3)) adds some further references to the Hazardous Substances (Emergency Management) Regulations 2001 (a similar amendment is also made in regulation 17 for regulation 82(h)):

  • the amendment to regulation 83(1)(d) (regulation 18(2)) has the effect of requiring the separation of incompatible substances, rather than requiring separation of the same substances—similar amendments are made in regulation 28(2) (for regulation 101(1)(e)) and regulation 37(3) (for regulation 124(1)(e)):

  • regulation 19 revokes regulations 84 and 85 because those provisions duplicate health and safety in employment requirements:

  • the amendment to the definition of incompatible in regulation 87 (regulation 20) and regulation 105 (regulation 29) has the effect of adding class 6.1 acutely toxic substances and class 8 corrosive substances to the definition of substances that are incompatible with oxidisers and organic peroxides:

  • the first amendment to regulation 95(1) (regulation 24(1)) corrects an incorrect regulation reference:

  • regulation 24 removes the requirements in regulation 95(3) and (4) for an electrical installation inside a hazardous substance location to meet the standard of protection for a hazardous area under the Electricity Act 1992 and the Electricity Regulations 1997, which are unnecessary standards given the absence of any flammable vapour and the fact that there are adequate protections in the principal regulations (see regulation 95(1)(f)). Similar amendments are made in regulation 28(3) (for regulation 101), regulation 33(3) (for regulation 117), and regulation 37(3) (for regulation 124):

  • regulation 26 makes the triggers for a test certificate in regulation 98 consistent with the trigger quantities in Table 1 of Schedule 4:

  • the amendment to table 2 in Schedule 3 (regulation 38(1)) replaces the trigger quantities for class 3.1B substances with single quantities triggering a hazardous substance location:

  • the amendment to the heading to table 5 in Schedule 4 (regulation 39(2)) brings the heading of that table into line with the terminology used in regulation 96(2):

  • the amendments in regulation 40(1) and (2)(c) bring the headings to column 4 of table 5 in Schedule 5 and column 5 of table 6 in Schedule 5 into line with the terminology used in regulation 118:

  • the amendments in regulation 40(2)(a) and (b) correct the headings to columns 3 and 4 of table 6 in Schedule 5.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 March 2004.


  • 1 SR 2001/116