ALC calls on the National Transport Commission to keep its dangerous Goods Code consistent with overseas regulation
December 13, 2010
Logistics peak body the Australian Logistics Council (ALC) has called on the National Transport Commission (NTC)
to ensure its Dangerous Goods Code is consistent with overseas regulations.
The ALC was responding to a call for feedback from the
NTC which is currently reviewing its 7th edition of the Australian Dangerous Goods Code (ADG 7), which outlines requirements for transporting dangerous goods by road or rail.
Since 2007 when it was introduced by the NTC, the legislation has been implemented by all Australia’s states and territories.
“The introduction of ADG7 indicates that the Australian Transport Council (ATC) has a long term strategy of alignment with international requirements,” ALC CEO Michael Kilgariff says.
“ALC members report than in excess of 90 per cent of containers being transported by road are a continuation of a sea cargo journey.
“These containers must comply with the terms of the International Maritime Dangerous Goods (IMDG) Code.
The IMDG Code is updated every two years with a transition period of one year prior to becoming compulsory. The next IMDG release is January 2011.
The ALC says it is concerned
an increase in United Nations members contributing to the release of the updated IMDG could mean greater differences between its contents and the Australian Dangerous Goods Code.
“ALC urges NTC to ensure that any substantial differences between international and national documentation is reduced, preferably by picking up changes to international standards as soon as possible,” Kilgariff says.
According to Kilgariff, such differences might include the treatment of the movement of limited quantities of goods.
“We need to incorporate the IMDG as amended from time to time, into Australian legislation,” Kilgariff says.
“In addition any domestic variations from international requirements must be clearly identified and justified.”
The ALC has also expressed its concern that ADG7 is presented as ‘Model’ legislation, to be picked up by Australian jurisdictions according to individual drafting protocols.
“ALC would prefer the ADG Code be prepared using the ‘applied legislation model’ in which one jurisdiction makes the Code, with the other jurisdictions applying the first jurisdiction’s legislation,” Kilgariff says.
“In essence, we believe ADG 7 should be implemented in the same way as the proposed Heavy Vehicle Law so as to avoid inconsistencies in the jurisdictions.
“Under such an arrangement, one national law would apply for the application of the Australian Dangerous Goods Code,” Kilgariff says.
“One organisation would be responsible for the management of the Code and the supporting regulations, with the result that interstate variations would be eliminated.
“’Model’ legislation has a poor history of achieving national consistency in the transport and logistics industry,” Kilgariff points out.
“Therefore COAG has agreed to establish national rail and marine safety regulators, as well as a national heavy vehicle regulator, by January 2013 using ‘national’ or ‘applied’ legislation.”
Kilgariff also raises the following issues:
•
Part 14 of the Western Australia Dangerous Goods Safety (Road and Rail Transport of nonexplosives) Regulation 2007, sets out the requirement for prime contractors to either be approved responders or have a contract in place with an approved emergency response. However although regulations for all other States and Territories require prime contractors and consignors to have emergency plans contracts do not reflect this.
•
ADG 7 removed information that appeared in Chapter 14 ADG 6. This set out the requirements for drivers if involved in emergencies and added further duties for the prime contractors and consignors into the Road Regulations.
•
Goods in packaging not exceeding 500kg (L) imported as classified dangerous goods are not subject to ADG7 when moved throughout Australia. These items should be subject to the ADG Code for all movements.