✨ Regulations on Dangerous Goods
1024
PART II.--MARKING.
§6(1.) Except as provided herein, no person shall keep, convey, sell, or expose for sale within New Zealand any dangerous goods of Class I or Class II unless the packages containing such dangerous goods, in addition to the label or mark denoting the trade-name of the goods, shall be labelled or marked as follows :—
(a.) Every package containing dangerous goods of Class I in quantity not less than 1 gallon shall be conspicuously labelled with a paste-on label, or other label of a kind approved by the Chief Inspector, in the form in the Second Schedule to these regulations. Such label shall be printed in black letters on a red ground.
(b.) Every vessel of a capacity less than 3 gallons containing dangerous goods of Class I shall be conspicuously labelled with a paste-on label, or other label of a kind approved by the Chief Inspector, in the form in the Third Schedule to these regulations. Such label shall be printed in black letters on a red ground, and shall, wherever possible, be placed on the vessel immediately above or below the label or mark denoting the trade-name of the goods.
(c.) Every package containing dangerous goods of Class II in quantity exceeding 1 gallon shall be conspicuously labelled with a paste-on label, or other label of a kind approved by the Chief Inspector, in the form in the Fourth Schedule to these regulations. Such label shall be printed in black letters on a yellow ground.
(2.) On application in writing by the importer of any dangerous goods, or by any dealer in dangerous goods, the Chief Inspector may, by writing under his hand, grant exemption from the operation of this Part of these regulations in respect of any dangerous goods while stored in such place or places as may be specified in that behalf in the instrument of exemption, or while being conveyed to any such place, or for such limited time as may be specified.
(3.) Nothing in paragraph (a) or paragraph (c) of this regulation shall require the labelling of any vessel of a kind commonly packed for conveyance in an outer package and containing not more than 4½ gallons of any dangerous goods of Class I or of Class II.
-
Labels required to be used by this Part of these regulations must conform to the appropriate Schedules as to printing, shape, and size, and must be free from advertising or other matter. The label must not be printed with, or form part of, any other label or printed matter.
-
The regulations contained in this Part of these regulations shall come into force on the 1st day of October, 1921. It shall be a sufficient defence to any proceedings for a breach of any such regulation commenced prior to the 1st day of April, 1922, to show that the dangerous goods in respect of which the proceedings are taken were packed and marked prior to the 1st day of October, 1921.
-
Every person who commits a breach of the requirements of this Part of these regulations shall be liable to a fine of £20, and the goods in respect of which such breach was committed and the receptacle containing the same shall be forfeited to His Majesty, and shall be dealt with as the Minister may in any case determine.
PART III.--CONVEYANCE.
- Except as provided by this Part of these regulations, no dangerous goods of Class I or of Class II shall be conveyed on any ship or carriage unless such dangerous goods are contained in packages of metal or other approved material from which the dangerous goods cannot escape in the form either of liquid or of vapour, and so substantially constructed as not to be liable, except under circumstances of negligence or extraordinary accident, to be broken or to become defective or insecure in course of conveyance ; and every person conveying such dangerous goods and every person assisting in the conveyance of any such goods shall comply with the following general rules :—
(a.) No fire and no light or flame capable of igniting vapour given off by the dangerous goods shall be brought within 30 ft. of such goods.
(b.) No person shall smoke within 30 ft. of any wharf or depot where the dangerous goods are being handled, and no person shall smoke on any carriage holding or conveying dangerous goods within a borough or town district or the district of any Harbour Board.
(c.) A competent person shall be in charge of every carriage conveying the dangerous goods, and no intoxicated person shall be allowed on any such carriage.
(d.) No carriage conveying dangerous goods shall be allowed to remain stationary within a borough or town district or the district of any Harbour Board except for such time and for such purpose as is reasonably necessary in connection with the loading or delivery
of the goods conveyed, or at such place and under such conditions as may be approved by an Inspector.
(e.) No explosive or other goods liable to cause or communicate fire or explosion shall be conveyed on the same carriage as the dangerous goods.
(f.) All due precautions, whether herein prescribed or not, shall be taken for the prevention of accidents by fire or explosion, and for preventing unauthorized persons having access to the dangerous goods, and for the prevention of any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purposes of the conveyance of the dangerous goods, or of any other article carried therewith, and for preventing any person whomsoever from committing any such act; and any person who, after being warned, commits any such act shall be deemed to commit a breach of these general rules.
- In cases where reasonable precautions have been taken to ensure that the packages containing dangerous goods of Class I or of Class II are such as will comply with the last preceding regulation, and the packages have, either on importation into New Zealand or on subsequent storage or conveyance, developed defects which will cause or permit the dangerous goods to escape therefrom either as liquid or as vapour, the damaged packages may be conveyed in an approved carriage or ship to the nearest convenient place where repairs to the packages can be carried out.
In the handling or conveyance of such packages, in addition to the general rules contained in the last preceding regulation the following special rules shall be observed by every person handling or conveying the packages or assisting in such work :-
(a.) Such appliances for preventing and extinguishing a petroleum fire as may be approved or required by an Inspector shall be carried on the carriage.
(b.) Due precautions shall be taken to prevent any of the dangerous goods escaping or being discharged into a sewer or drain or into the waters of any harbour.
-
The owner of any dangerous goods who employs any other person in the conveyance of dangerous goods or in any of the operations connected therewith shall take all necessary precautions to ensure that such other person is acquainted with the nature of the goods and the rules to be observed in connection with such conveyance or operations.
-
Every Surveyor of Ships who inspects any ship on which dangerous goods of Class I are imported into New Zealand shall report to the Inspector for the licensing authority for the port or other place where it is proposed to discharge such dangerous goods if any package containing any such dangerous goods has been damaged by water or otherwise.
-
In cases where, on importation into New Zealand, an appreciable number of packages containing dangerous goods of Class I are found to have been damaged by sea-water or otherwise, or when more than a normal number of such packages is found to be in a leaky condition, the master of the ship on which the dangerous goods are imported and the importer of such dangerous goods shall jointly or severally notify an Inspector in writing that the packages are in such condition as aforesaid.
-
On receipt of a notification under either of the last two preceding regulations the Inspector shall examine the cargo, and if the damage or leakage is, in his opinion, of such a nature as to render the packages liable to develop more than a normal percentage of leakage, he shall notify the importer that such consignment of dangerous goods, or any portion thereof, may not, except as provided in these regulations, be loaded on any ship for the purpose of conveyance by sea, or may be so loaded and conveyed only on such conditions as may be specified in the notification.
-
No person shall consign on or forward to any ship for the purpose of conveyance by sea, or deliver from any licensed premises to any person for such purpose, any dangerous goods of Class I unless all necessary precautions have been taken to ensure that the packages containing the dangerous goods are in such condition that such dangerous goods cannot escape therefrom in the form either of liquid or of vapour, except under circumstances of negligence or extraordinary accident.
Without limiting the generality of the foregoing provisions of this clause, the following requirements shall be complied with in cases to which this clause relates, that is to say:-
(a.) The packages containing such dangerous goods shall be taken from a consignment known to be in good condition as regards leakage by reason of the fact that not more than a normal percentage of packages have required repair.
(b.) The packages shall be carefully examined in such manner as may be approved, to ensure that leakage is not likely to develop on storage of the package in any position.
(c.) Where a notification or requirement has been issued by an Inspector in accordance with the last preceding regulation all necessary arrangements shall be made to comply with such notification or requirement.
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1921, No 40
NZLII —
NZ Gazette 1921, No 40
✨ LLM interpretation of page content
🏛️
Regulations under the Explosive and Dangerous Goods Amendment Act, 1920
(continued from previous page)
🏛️ Governance & Central Administration27 April 1921
Regulations, Explosive Goods, Dangerous Goods, Classification, Storage, Licensing, Marking, Conveyance