Environmental Protection and Management (Hazardous Substances) Regulations

Environmental Protection and Management Act

(Chapter 94A, Section 77)

Rg 4

G.N. No. S 159/1999

REVISED EDITION 2008

(1st April 2008)

[1st April 1999]

PART I

PRELIMINARY

Citation

1. These Regulations may be cited as the Environmental Protection and Management (Hazardous Substances) Regulations.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“carrier” means any person undertaking the transport of hazardous substances and includes both carriers for hire or reward and carriers on own account;

“code of practice” means a standard which —

(a)	sets out the method of installation of equipment and the procedure to be followed for the efficient use and maintenance of such equipment;
(b)	recommends precautions to be taken in making, using and maintaining such equipment; or
(c)	specifies the measures or precautions to be taken in designing, planning and constructing such equipment in order to ensure that the requirements laid down in respect of the design, plan and construction of such equipment are complied with;

“consignment” means any load or multi-load of hazardous substances presented by a consignor for transport;

“consignor” means any person who presents a consignment of hazardous substances for transport or on whose behalf such consignment is presented;

“emergency action plan” means such plan of action to be taken in the event of any emergency situation involving any hazardous substance as approved by the Director-General;

“freight container” means an article of transport equipment designed to facilitate the carriage of goods by one or more modes of transport without intermediate re-loading of the contents;

“hazardous substance” does not include any ozone depleting substance specified in Part I of the Second Schedule to the Act other than methyl bromide;

“multi-load” means a load consisting of 2 or more hazardous substances in separate compartments or containers (whether or not a substance which is not a hazardous substance is being conveyed at the same time);

“owner”, in relation to any hazardous substance, includes any person acting as agent for the owner;

“transport” means transport by road and includes any operation incidental to the whole course of carriage, such as loading, unloading and storage in transit;

“vehicle” means any mechanically propelled vehicle or otherwise intended or adapted for use on roads and includes a road tanker and a trailer which does not form part of the vehicle.

(2) For the purposes of these Regulations, a combination of a vehicle and one or more trailers shall be treated as one vehicle for so long as they remain attached.

(3) For the purposes of these Regulations, a vehicle shall be deemed to be used for the transport of a hazardous substance throughout the period, whether or not the vehicle is on a road at the material time —

(a)

in the case of a road tanker, from the commencement of loading for the purpose of conveying the substance on a road until the tank or compartment of the tank has been cleaned or purged so that any of the substances or its vapour which remains in it is not sufficient to create a risk to the health or safety of any person; or

(b)

in the case of a vehicle carrying a tank container from —

(i)	the time at which the tank container containing the hazardous substance is placed on the vehicle; or
(ii)	if the tank container was placed on the vehicle before loading was commenced, the commencement of loading,

for the purpose of conveying the substance on a road until —

(A)	the tank container is removed from the vehicle; or
(B)	the tank container or compartment of the tank container has been cleaned or purged so that any of the substances or its vapour which remains in it is not sufficient to create a risk to the health or safety of any person.

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