- When transporting dangerous goods you need training and may need a licence for both the driver and the vehicle
- If you are transporting waste, you may also need a waste transporter’s licence.
You must also follow certain procedures to ensure the goods are transported safely. There are penalties for not following these legal requirements.
Identifying dangerous goods
To determine if a product is a dangerous good, you can
- check its label
- check its shipping or transport documents
- check the product's safety data sheet (previously called the materials safety data sheet)
- check with the manufacturer or supplier of the product
- check if the product is listed in the dangerous goods list in the ADG Code and is not excluded by a special provision detailed in column 7 of that list
- have the products tested to the classification criteria of the ADG Code or UN Manual
Dangerous goods transport regulation
The EPA regulates the transport of dangerous goods by road and in conjunction with the Office of the National Rail Safety Regulator, by rail.
The EPA carries out regular audits of dangerous goods transport to ensure compliance with legislative requirements.
SafeWork NSW regulates activities prior to transport, including correct classification, packaging and labelling.
In NSW, dangerous goods transport is administered under the
- Dangerous Goods (Road and Rail Transport) Act 2008
- Dangerous Goods (Road and Rail Transport) Regulation 2014
This legislation controls the transport of all dangerous goods except
- Class 1 (explosives), regulated under the Explosives Act 2003 and administered by Safework NSW
- Class 7 (radioactive substances), regulated under the Radiation Control Act 1990 and administered by the EPA
Amendments to the regulation: 2020
On 9 October 2020, the Dangerous Goods (Road and Rail Transport) Amendment (Model Law) Regulation 2020, was gazetted. It amends the Dangerous Goods (Road and Rail Transport) Regulation 2014, to reflect this new edition 7.7 of the ADG Code and model law, ensuring that they are implemented in NSW.
The main changes to the regulation are to:
- ensure the exemption from packaging requirements is correctly applied to dangerous goods packed in excepted quantities
- provide for increased placard load limits and reduced documentation requirements for limited quantities and domestic consumable dangerous goods
- clarify the obligations in relation to the transport of nominally empty storage vessels
- prohibit a prime contractor from directing or inducing a driver to contravene Part 13 of the Australian Code for the Transport of Dangerous Goods by Road and Rail
- prescribe new penalties and penalty notice amounts
There are also minor changes to:
- require one photograph for applications for dangerous goods driver licences and renewals of such licences
- clarify the meaning of “an offence” when considering driver licence renewal applications, so it is consistent with applications for dangerous goods driver licences.
The existing edition 7.6 of the ADG Code remains in use until 30 September 2021, allowing businesses to continue to operate under the existing framework while transitioning to the new 7.7 edition of the ADG Code.