Dangerous Goods Regulatory System Map
Dangerous Goods Regulatory System MapVersion 1: 6 May 2020
ContentsContents . 2Executive summary . 3Purpose . 5Introduction . 5DGs Regulatory Systems Map Diagram . 7International DGs regulatory frameworks . 8UN Model Regulations. 8Air. 9Sea. 9Land . 9Domestic regulatory framework . 10Transport-specific DGs regulatory framework . 12Civil Aviation Act 1990 . 14Maritime Transport Act 1994 . 17Land Transport Act 1998 . 22Railways Act 2005 . 26Transport sector rule requirements comparison table . 28Overlapping regulatory systems . 40Hazardous Substances and New Organisms Act 1996 . 40Health and Safety at Work Act 2015 . 43DGs-related penalties comparison table. 47Key system participants . 50Transport sector regulators. 50Enforcement on land . 55Hazardous substances-related regulators . 57Other agencies . 58Appendix A – other peripheral related Acts . 62Radiation Safety Act 2016 . 62Medicines Act 1981 . 63Health Act 1956 . 64Biosecurity Act 1993 . 64Resource Management Act 1991 . 65Glossary of Terms. 662
Executive summary1.This Dangerous Goods (DGs) Regulatory System Map describes the components ofthe current regulatory system for managing DGs across the transport system, includinginteractions between those components. Its objective is to outline the nature of thesystem to support future work to identify possible issues, overlaps, gaps and risks. Themap is not intended to be a comprehensive guide to DGs requirements for industryoperators.2.DGs are substances internationally classified as potentially dangerous duringtransport. Consequently, international and associated domestic regulatory frameworkshave been established with requirements to ensure DGs’ safe and effective transport.These comprise: the overarching international framework of the United Nations Recommendationson the Transport of Dangerous Goods – Model Regulations (UN ModelRegulations), under which DGs are classified and regulated at the highest level international frameworks referencing the UN Model Regulations, regulatingtransport of DGs in the aviation and maritime sectors, including the: oInternational Civil Aviation Organization’s Technical Instructions for the SafeTransport of Dangerous Goods by Air; International Air Transport AssociationDangerous Goods RegulationsoInternational Maritime Organisation’s International Maritime Dangerous GoodsCodedomestic transport frameworks comprising legislation covering each of thetransport modes (air, sea and land) including overarching Acts, dedicated rulescontaining much of the detail for regulating DGs, and regulations including offencesand penalties as follows:oCivil Aviation Act 1990, Maritime Transport Act 1994, Land Transport Act 1998,their associated offences regulations, and the Railways Act 2005oCivil Aviation Rules Part 92: Carriage of Dangerous Goods; Advisory Circularsunder Rules Part 92oMaritime Rules Part 24A: Carriage of Cargoes – Dangerous GoodsoLand Transport Rule: Dangerous Goods 2005 (45001/1)oLand Transport (Driver Licensing) Rule 1999 (SR1999/100)oNZ Standard 5433:2012 Transport of dangerous goods on land.3.This document outlines each of the components above. This includes the DGs specificsections of the transport Acts, the nature of the DGs rules and supporting material, andthe offences and penalties that might apply to requirements, whether DGs-specific ormore general within overarching Acts.4.The domestic regulatory framework for DGs also includes overlapping frameworksoutside the transport sector. These overlapping frameworks and their interaction withthe transport frameworks are also covered. These notably include frameworksregulating hazardous substances, which, apart from substances classified as3
infectious, radioactive and some miscellaneous substances, overlap with substancesclassified as DGs. These frameworks include the: Hazardous Substances and New Organisms Act 1996 (HSNO), which aims toprotect the environment and people’s health and safety from the adverse effects ofhazardous substances. HSNO manages hazardous substances across their whole‘lifecycle’, including transport. DGs, apart from those listed above, must first beapproved under HSNO before they can be imported or manufactured. Health and Safety at Work Act 2015 (HSWA), which sets out principles, duties andrights regarding workplace health and safety. The Health and Safety at Work(Hazardous Substances) Regulations 2017 set requirements for the use, handlingand storage of hazardous substances in New Zealand workplaces.5.Specific DGs-related duties and requirements in the transport rules sit within a broadercontext of more general duties and requirements, for example to operate safely, in thetransport Acts, HSNO and HSWA. This means that contravening a DG-related duty orrequirement in a rule might also contravene a more general duty in a transport-relatedor other Act. It might also lead to consequences under other rules or Acts, such asremoving an authority to operate. Thus, the transport and overlapping frameworkswork together at various levels to help ensure both DGs-specific and related generalrequirements are being met.6.This document also outlines the roles and responsibilities of key government DGsregulatory system participants. These include core government and regulatoryagencies in the transport sector and other government agencies operating inoverlapping frameworks including: 7.Ministry of TransportCivil Aviation AuthorityMaritime New ZealandWaka Kotahi NZ Transport AgencyNew Zealand PoliceEnvironmental Protection AuthorityWorkSafeOffice of Radiation Safety (Ministry of Health)Medsafe (Ministry of Health)Ministry of Health (Communicable Diseases)Ministry for Primary IndustriesRegional and territorial authorities.Also relevant to the domestic regulatory DGs framework are other more peripheraloverlapping frameworks in the health, biosecurity and resource management sectors.Legislation forming these frameworks is relevant to managing particular DGs such asradioactive material and infectious substances, among others, under the followinglegislation (covered in Appendix A): Radiation Safety Act 2016Medicines Act 1981Health Act 1956Biosecurity Act 1993, Agricultural Compounds and Veterinary Medicines Act 1997,Animal Control Products Limited Act 1991 Animal Products Act 1999Resource Management Act 1991.4
Purpose8.The purpose of this Dangerous Goods (DGs) Regulatory System map is to set out theregulatory system for managing DGs across the transport system. It outlines howinternational frameworks inform our domestic framework and describes the domesticDGs framework across transport modes. Further, it links to other relevant, andsometimes overlapping domestic regulatory frameworks outside the transport sector.9.The document sets out the DGs regulatory system and interactions across itsframeworks, but does not attempt to analyse the differing frameworks across transportmodes or outside the transport sector. It presents a ‘picture’ of the DGs regulatorysystem to help clarify its nature, aiming to support further work to identify possibleissues, overlaps, gaps and risks in the system. The map is not intended to be acomprehensive guide to DGs requirements for industry operators.Introduction10.DGs are substances or articles with hazardous properties which, if not properlycontrolled during transport, present potential hazards to health, safety and the naturalor built environment and anything in it. Within international frameworks for managinghazardous substances, the term ‘DGs’ refers to items that are potentially dangerousspecifically during transportation and this term is used in New Zealand transportlegislation. The term ‘hazardous substances’ is used for many of the same substancesin legislation in the environmental and workplace sectors, for example in theHazardous Substances and New Organisms Act 1996 (HSNO) and Health and Safetyat Work Act 2015 (HSWA).11.DGs include a wide range of solids, liquids and gases that have explosive, flammable,toxic, infectious, radioactive, corrosive, environmentally hazardous (ecotoxic) or otherhazardous properties. They consequently have special transport requirements toensure they are managed safely, to eliminate or minimise the risk of adverseoutcomes.12.DGs pose particular risks during transportation. This is because of their hazardousproperties and the potential for catastrophic harm to people, animals, the environment,infrastructure, or vehicles due to risks arising from stress to the integrity andcontainment of DGs from transportation. Transporting DGs also includes potentiallytransporting them together with passengers, through densely populated orenvironmentally delicate areas, or near infrastructure.13.Further, transportation involves moving DGs across transport modes under differentregulatory systems in the air, at sea, or on land. However, to be safe and effective thewhole DGs regulatory system should function in an integrated way.14.Requirements for transporting DGs have some broad similarities across air, sea andland regarding classification of substances, and the need for appropriate measuresincluding packaging, labelling, handling, separation, stowage and inspection. However,there are also important differences in requirements for transporting DGs acrosstransport modes. These differences arise to address interaction between the nature ofthe transport modes and the substances’ themselves (for example, explosivesubstances pose particular risks in aircraft).5
15.This context is particularly important in New Zealand where many goods travel acrossmore than one mode, given our country comprises separate islands. Transportbetween the North and South Islands involves land and either air or sea transport. Wealso rely on international travel across modes for business and personal reasons.Transitions across modes presents one of the key risks and potentials for regulatorygaps in transporting DGs.16.In line with the above context, transporting DGs is controlled and governed by a varietyof international and national regulatory frameworks. Prominent internationalframeworks include the: United Nations Recommendations on the Transport of Dangerous Goods – ModelRegulations (UN Model Regulations) International Civil Aviation Organization’s Technical Instructions for the SafeTransport of Dangerous Goods by Air (ICAO Technical Instructions) International Air Transport Association Dangerous Goods Regulations (IATARegulations) International Maritime Organisation’s International Maritime Dangerous GoodsCode (IMDG Code).17.New Zealand’s national regulatory framework for transporting DGs references theseinternational frameworks via a variety of Acts, regulations and rules across thetransport modes. Collectively, and together with the relevant overlapping regulatorysystems outside the transport sector, these regulatory regimes mandate the system bywhich DGs are to be appropriately managed.18.This regulatory system is represented diagrammatically on the next page, with moredetail on the individual components provided in this document.19.The document focusses on presenting the domestic transport-related DGs regulatoryframework. However, it is important to acknowledge that effectively, that frameworkoperates under the requirements of the hazardous substances framework underHSNO. This is because most DGs (except infectious, radioactive and somemiscellaneous substances) must be approved under HSNO before being imported ormanufactured. Further, assessment under HSNO requires assessment of the complete‘lifecycle’ of the substance through import/manufacture, transport, use and disposal.6
DGs Regulatory Systems Map DiagramDangerous Goods (DGs) Regulatory Systems MapUN Recommendations on the Transport of Dangerous Goods – Model RegulationsClassifies DGs for transport regarding their nature/hazard and sets requirements (eg for labelling, packing, segregation, documentation) for safe transport across all modesInternational DangerousGoods FrameworkICAO Technical InstructionsIMO International Maritime DangerousGoods CodeRegulates DGs at governmental aviation levelIATA Dangerous Goods RegulationsRegulates DGs at internatonal maritime levelRegulates DGs at industry aviation levelCivil Aviation Act 1990Domestic Dangerous Goods Framework Transport ActsMaritime Transport Act 1994Empowers the Minister to make civil aviation Rules andoffences regulations on DGsGrants powers to aviation security officers on DGsCreates an offence for passengers to carry DGs in breachof the rules Empowers the Minister to make maritime rules and offencesregulations on DGs Empowers authorised people to open packages and containersand test contents to check DGs complianceCreates an offence to knowingly breach a requirement in theAct or in regulations or rules for carrying DGs Land Transport Act 1998 Railways Act 2005 Rules, Circulars andStandardsCivil Aviation Rule Part 92:Carriage of Dangerous GoodsMaritime Rules Part 24A: Carriage of Cargoes –Dangerous GoodsRegulates transport of DGs by air and incorporates the ICAORegulates the transport of DGs by sea and incorporates the IMDGCodeTechnical InstructionsProvides that rail participants must comply with the DGs provisions ofthe Land Transport Act 1998Provides that the DGs rules under the Land transport Act 1998 applyto railLand Transport Rule: Dangerous Goods 2005Regulates the transport of DGs by landLand Transport (Driver Licensing) Rule 1999Regulates the course and course certificates apply to D-endorsement/training requirementsAdvisory circulars – AC 92 (1-3)Information on standards, practices and procedures to complywith Civil Aviation Rule Part 92: Carriage of Dangerous GoodsCivil Aviation (Offences) Regulations 2006Contain 33 DGs offencesOffences RegulationsEmpowers the Minister to make land transport rules and offencesregulations on DGsEmpowers the NZTA to appoint DGs enforcement officersCreates an offence of obstructing a DGs enforcement officerProvides a range of powers relating to inspecting vehicles, premisesand railway lines to ensure DGs rules complianceNZ Standard 5433:2012 Transport of dangerous goods on landProvides detailed technical information to meet the requirements ofTransport Rule: Dangerous Goods 2005Maritime (Offences) Regulations 1998Contain 34 DGs offences (These misalign with duties in DGs Rule Part24A and may be unenforcable)Land Transport (Offences and Penalties) Regulations 1999Contain 48 DGs offencesMarine Protection (Offences) Regulations 1998Contain 146 harmful substances-related offences (22 offencesmisalign with duties in the Marine Protection Rules and may beunenforcable)Hazardous Substances and New Organisms Act 1996 (HSNO)Note: DGs (except radioactive, infections andsome miscellaneous substances) must first beapproved under HSNO before being importedor manufactured)Regulates hazardous substances (including most DGs) across their whole life cycle (including during transport) to protect the environment and people s health and safetyOverlapping HSNO andHSWA FrameworksHealth and Safety at Work Act 2015 (HSWA)(most DGs for transport are hazardous substances)Hazardous Substances (Classification) Notice 2017Sets the classification system for classes and subclasses of hazardous substances, linked to their hazardous propertiesRegulates to protect people against harm to their health, safety and welfare from risks (including from hazardous substances) arising from workHealth and Safety at Work (Hazardous Substances) Regulations 2017Regulates to manage risks to people from work-related activities involving hazardous substances (including most DGs)Health and Safety at Work (Major Hazard Facilities) Regulations 2016Designate major hazard facilities, set hazardous substances thresholds and the duties of facility operators7
International DGs regulatory frameworksUN Model Regulations20.Most of the regulatory requirements for transporting DGs are imposed by internationalconventions and codes to which New Zealand is either a signatory (ICAO TechnicalInstructions; IMDG Code) or adopts (UN Model Regulations). The most significant isthe UN Model Regulations.21.The UN Model Regulations aim to eliminate or minimise risks, promote safety, andfacilitate transport of DGs. They cover land, sea and air transport, forming the basis foruniform national and international regulations, and are updated every two years.22.The UN Model Regulations incorporate a comprehensive classification system ofhazardous properties of DGs. This system largely aligns with the Globally HarmonizedSystem of Classification and Labelling of Chemicals (GHS). Under the UN ModelRegulations DGs are broken down into nine classes (and sub-classes) according tothe type of hazard or risk the substances or items present, as follows (a sample ofcl
Transport of Dangerous Goods by Air (ICAO Technical Instructions) International Air Transport Association Dangerous Goods Regulations (IATA Regulations) International Maritime Organisation’s International Maritime Dangerous Goods Code (IMDG Code). 17. New Zealand’s national regulatory framework for transporting DGs references these
The Dangerous Goods included on this listing are the only Dangerous Goods accepted by UPS Air Cargo for Customers with a valid Agreement for Transport of Dangerous Goods. UPS may revise this Approved Dangerous Goods listing periodically. Customer shall review this listing prior to booking each shipment.
Dangerous goods (DG) are articles or substances capable of posing a risk to health, safety, property or the environment and that meet one of the dangerous goods hazard classes in IATA (International Air Transportation Association) DG regulations. Undeclared dangerous goods are dangerous goods articles or substances offered for FedEx Express air
3.1.1.1 The Dangerous Goods List in this Chapter lists the dangerous goods most commonly carried but is not exhaustive. It is intended that the list cover, as far as practicable, all dangerous substances of commercial importance. 3.1.1.2 Where a substance or article is specifically listed by name in the Dangerous Goods List, it shall
Subject matter of contract of sale-Goods. Goods may be classified as :-2. Existing Goods- a) specific goods, b) ascertained goods, c) unascertained goods. 3. Future goods- which do not exist with the seller at the time of sale. the contract thus is an agreement to sell. 4. Contingent goods - a type of future goods, the acquisition of which .
of Dangerous Goods by Air and IATA – Dangerous Goods Regulations. (c) CAR-92 prescribes the requirements for: CAR – 92 - Civil Aviation Regulation – Dangerous Goods Rev: 01
Figure 4-2-2: IATA Dangerous Goods Hazard and Handling Labels 1.9 Understanding the Blue Pages (4.2 Dangerous Goods List) This section of the IATA Dangerous Goods Regulations is commonly called “Blue Pages” due to the fact that its color is in blue. It can be easily identified by looking at the side the text book.
The International Air Transport Association's "Dangerous Goods Regulations" (IATA Regulations) Dangerous Goods Inspector Guidance Manual. Edition 01 23 Mai 2011 7. CHAPTER 3 DANGEROUS GOODS INSPECTOR'S QUALIFICATION AND TRAINING. 3.1 . Introduction .
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