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Regulatory Jurisdictions (Legislation Administering Agencies)

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SUMMARY OF REGULATORY JURISDICTIONS FOR THE STORAGE AND HANDLING OF DANGEROUS GOODS AND COMBUSTIBLE LIQUIDS - SUPPORTING TEXT

STORAGE AND HANDLING

Regulation of the storage and handling of dangerous goods and combustible liquids arises from a number of heads of power which are administered by a number of different agencies according to dangerous goods class, as outlined below and illustrated in the accompanying diagram.

Class 1

Class 1 dangerous goods (explosives) are regulated under the Explosives Act, which is administered by the Explosives Branch in the Department of Natural Resources, Mines and Energy (NRM&E).

The Explosives Branch also regulates explosives of other classes and the transport of explosives (see below).

Class 2

Class 2 dangerous goods are regulated by two agencies under shared jurisdiction:

the Petroleum and Gas Operations Branch (P&G) in NRM&E; and
Workplace Health and Safety Queensland (WHSQ) in the Department of Industrial Relations.

P&G focuses on the following areas under the Gas Act (to be replaced soon by the future Petroleum and Gas Production and Safety Act) and the DGSM Act:

Fuel gases of Class 2.1 (LPG, natural gas, coal seam gas and commercial gases derived from sewage, rubbish tips or similar); and

Reticulation of gases (including hospital gases).

In the case of Class 2.1, P&G enforces the requirements of the DGSM Act and Regulation (Parts 2 and 3) under delegated authority with a view to providing for:

the safe management of individual Class 2.1 installations (bulk or packaged) within a workplace; and

the holistic management of Class 2.1 dangerous goods at places where that is the only class of dangerous goods stored and handled.

P&G approaches these areas of jurisdiction from the technical perspectives of Class 2 dangerous goods safety management, i.e the application or interpretation of a gas-related technical standard such as AS 1596¹ or AS 5601² and ensuring that acceptable approval processes have been applied to devices used to consume, transport or use gases. Such aspects include, for example, matters related to the use and operation of devices and equipment that have been designed, constructed and installed specifically for the storage and handling of compressed or liquefied gases e.g. gas cylinders and regulators, LPG tanks and associated pipework.

However, P&G’s jurisdiction is not limited to the technical aspects. It can also address the general storage and handling requirements of DGSM, as they apply to Class 2.1 or impact on that Class. Examples include ventilation, segregation and ignition sources.

Where the technical aspects of Class 2 dangerous goods safety management (eg gas reticulation) are dominant, P&G will take carriage of issues arising under either the Gas Act or the DGSM Act.

In addition, P&G supports other agencies by providing advice on technical aspects relating to all Class 2 dangerous goods.

WHSQ focuses on general aspects of Class 2 dangerous goods safety management i.e. those that have general application for the holistic management of stated dangerous goods and combustible liquids, particularly those arising from Part 5 of the DGSM Act and Part 3 of the DGSM Regulation. This can include but is not limited to separation, segregation, ventilation, cylinder handling and restraint, sources of ignition, and placarding.

1. Australian Standard AS 1596 ‘Storage and Handling of LP Gas’

2. Australian Standard AS 5601 (AG 601) ‘Gas Installations’

Class 3 (and combustible liquids)

Class 3 dangerous goods and combustible liquids are regulated under shared jurisdiction by:

individual Local Governments; and
Workplace Health and Safety Queensland (WHSQ).

Local Government jurisdiction is limited to Class 3 (flammable liquids) and combustible liquids at premises that have (or should have) a flammable and combustible liquids (FCL) licence issued by the Local Government.

The licensing authority is devolved to Local Governments in Part 4 of the DGSM Regulation which applies to the storage and handling of flammable and combustible liquids to which AS 1940³ applies. Local Government jurisdiction is based on the requirements of the DGSM legislation as they apply to the storage and handling of FCL. Certain types of premises are exempt from this licensing requirement, namely:

Places not covered by the application of the DGSM Act (s.3);
Places that store only minor quantities of FCL (as defined in AS 1940, Table 2.1);
Rural places as defined in the DGSM regulation (Schedule 1); and
Places to which AS 1940 does not apply.

When issuing a FCL licence, the Local Government may attach conditions of licence appropriate to give effect to the DGSM legislation. Conditions may be drawn from AS 1940, another appropriate standard or the DGSM legislation itself. The DGSM Regulation (s.92) prescribes compliance with the Act as a condition of licence.

WHSQ focuses on the general aspects of flammable and combustible liquids safety management, i.e. those that have general application for the holistic management of stated dangerous goods and combustible liquids, particularly those arising from Part 5 of the DGSM Act and Part 3 of the DGSM Regulation. This can include but is not limited to separation, segregation, ventilation, sources of ignition, and placarding.

This jurisdiction applies at a premises regardless of whether or not it has (or should have) a FCL licence.

3. Australian Standard AS 1940 ‘The Storage and Handling of Flammable and Combustible Liquids’

Classes 4, 5, 6.1, 8 and 9

Dangerous Goods of Classes 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8 and 9 are regulated solely by WHSQ, except where they are classified as explosives under the Explosives Act (see below).

Class 6.2

Dangerous Goods of Class 6.2 (Infectious Substances) are regulated solely by Queensland Health under Health legislation.

Class 7

Dangerous Goods of Class 7 (Radioactive Substances) are regulated solely by Queensland Health (Radiation Health Branch) under the Radiation Safety Act.

Explosives

Dangerous Goods of classes other than Class 1 can be declared as explosives under the Explosives Act. In such cases, they are regulated by the Explosives Branch.

COORDINATION

In its Lead Agency role for hazardous materials management, the Department of Emergency Services, through the CHEM services, provides policy coordination for dangerous goods storage and handling. The CHEM services supports DGSM enforcement agencies by providing training and other services.

RELATED ACTIVITIES

Under the Environmental Protection Act, the Environmental Protection Agency addresses chemicals management issues that overlap with storage and handling of dangerous goods under DGSM, in particular:

Environmentally Relevant Activities (ERAs); and
Hazardous waste management.

The transport of dangerous goods (other than explosives) is regulated under the Transport Operations (Road Use Management – Dangerous Goods) Regulation, which is administered by Queensland Transport (Land Transport and Safety Division). The transport of explosives is regulated under the Explosives Act by the Explosives Branch.

The transport of class 2.1 fuel gases to premises will be regulated by P&G by defining these activities as “operating plant” under the future Petroleum and Gas Production and Safety Act.