Please note: This is an extract from Hansard only. Hansard extracts are reproduced with permission from the Parliament of Tasmania.

 

SECOND READING SPEECH

Dangerous Goods (Road and Rail Transport) Bill 2010

Mr Speaker, I move that the Bill now be read for a second time.

Mr Speaker, this Bill replaces the Dangerous Goods (Safe

Transport) Act 1998.

This Bill was previously tabled before the House in October

last year, but unfortunately time did not enable it to be

considered before Parliament rose.

The purpose of the Bill is to improve land transport safety by

regulating the transport of flammable, toxic, corrosive,

oxidising, gaseous, infectious, and other dangerous goods.

These dangerous goods, due to their physical and chemical

properties can pose a significant risk to human life, health,

property and the environment, particularly when being

transported.

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This Bill and the accompanying regulations will effectively adopt

the Commonwealth’s package of model legislation which

comprises a model act, model regulations and the Australian

Code for the Transport of Dangerous Goods by Road and Rail 7th

Edition.

The package of legislation was produced by the National

Transport Commission, an independent body jointly funded by

all States and Territories and the Commonwealth. The

National Transport Commission’s role is to improve transport

productivity, efficiency, safety, environmental performance, and

regulatory efficiency in a uniform or nationally consistent

manner.

In August 2008, all jurisdictions voted to adopt the package of

model laws. It is anticipated that adoption by all States and

Territories will provide for a seamless regulatory environment

for the transport of dangerous goods across the country, as

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well as import and export. This will ensure that Tasmanian

businesses can transport dangerous goods across Tasmania and

through other states and overseas under a consistent set of

packaging, labelling and safety requirements.

All States and Territories are expected to have adopted the

principles set out in the national model by the end of this year.

The new Bill continues the current arrangements where

Workplace Standards Tasmania has responsibility for the day to

day regulation of dangerous goods transport in Tasmania.

The regulations made under the Act adopt the Australian Code

for the Transport of Dangerous Goods by Road and Rail

7th Edition which the National Transport Commission

developed and is based on United Nations model regulations.

These are revised every two years to incorporate technical

changes to improve safety based on worldwide experience.

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The Code will enable land, air and sea transport to be more

effectively integrated, resulting in increased efficiencies across

industries.

In effect, the Bill is simply a continuation of what has already

been in place for some time, reflecting Tasmania’s commitment

to national consistency in this important area. However, rather

than merely patching and amending the existing legislation in a

piece-meal fashion, the adoption of the entire model package

will enable the seamless implementation of future editions of

the Code, and ensure we have uniform legislation with the rest

of Australia.

While the new Bill fully adopts the model legislation, it is also

important to maintain some elements of the current

regulations, primarily those relating to Tasmanian-specific

issues. For example, certain types of dangerous goods will

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continue to be banned from being transported across the

Tasman Bridge during peak traffic times under the Regulations.

The new Bill is expected to provide:

improved compatibility with international regulations and

codes on the classification, packaging and labelling of

dangerous goods;

a single set of regulations for domestic road and rail

transport operators

a reduction in inter-modal inefficiencies for the transport

industry;

an up-to-date list of dangerous goods which will benefit

both the transport industry and emergency services by

making it easier to identify substances and related

requirements;

benefits for global companies with operations in Tasmania

with closer alignment with United Nations and

international practice;

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some cost savings from the treatment of small quantities;

and

the extension of the period of dangerous goods drivers

licences from three to five years which will result in

savings for drivers and transport operators.

The Bill contains wider powers for authorised officers, including

the capacity to stop and search vehicles, give directions to rail

operators, inspect and search premises, seize and remove

documentation, equipment, and records, and obtain warrants.

There are significant penalties for obstructing an authorised

officer or failing to comply with a direction under the Act. The

penalties will be consistent with those in other States and

Territories, so that the same rules apply where dangerous

goods are transported across State boundaries, such as the

Bass Strait.

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While the main focus of the new Bill is improvement and

consistency for the safe transport of dangerous goods, the

inclusion of additional compliance and enforcement provisions

will increase accountability for breaches. Increased ability to

target habitual offenders and match penalties with the offence

should reduce dangerous goods transport related incidents,

making it safer for Tasmanians using and living close to our

road and rail networks.

The model legislation was subject to extensive development

and consultation dating back to 2002. The National Transport

Commission released a draft legislative package for public

consultation in July and September 2005 and again in September

2006 for final review by a panel of experts and jurisdictions.

During the same period there was also consultation on the

Australian Code for the Transport of Dangerous Goods by

Road and Rail 7th edition. In total 88 formal submissions were

received and taken into account before finalising the model

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legislation. Further amendments were made in June this year to

clarify some provisions and to correct drafting errors.

More recently, at a local level, consultation on the model

legislation has occurred with key stakeholders during August

and September 2009.

We are confident that industry, particularly industries with

interests interstate, will welcome the new arrangements.

However, with any change we anticipate that there may be

some costs involved particularly during the introductory stages,

in relation to training and getting people in the dangerous

goods transport industry up to speed with new legislation and

requirements. However, these costs are far outweighed by the

savings that will be achieved by improved safety and efficiency

in the industry.

This Bill requires that vehicles are well maintained, drivers have

the appropriate skills and training, vessel designs are the best in

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the world, emergency services can respond appropriately and

we can confidently go about our business knowing our

Government has done everything in its power to ensure our

safety, and the safety of property and our environment.

We need to transport dangerous goods to keep our cars and

trucks running and our industries producing. This Bill will help

ensure that dangerous goods are transported efficiently and

safely to minimise any adverse impact on people, property and

the environment.

I commend this Bill to the House.