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 (SafeTransport) 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.
2
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
AustralianCode for the Transport of Dangerous Goods by Road and Rail
7thEdition.
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
3
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
7
th Edition which the National Transport Commissiondeveloped 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.
4
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
5
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 andcodes on the classification, packaging and labelling of
dangerous goods;
•
a single set of regulations for domestic road and railtransport operators
•
a reduction in inter-modal inefficiencies for the transportindustry;
•
an up-to-date list of dangerous goods which will benefitboth the transport industry and emergency services by
making it easier to identify substances and related
requirements;
•
benefits for global companies with operations in Tasmaniawith closer alignment with United Nations and
international practice;
6
•
some cost savings from the treatment of small quantities;and
•
the extension of the period of dangerous goods driverslicences 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.
7
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 7
th edition. In total 88 formal submissions werereceived and taken into account before finalising the model
8
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
9
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.