Dangerous Goods by Sea IMDG Code 2014 Edition

1 Dangerous Goods by SeaIMDG code From the Infrastructure website: Edition of the Australian Dangerous Goods code ( ) has been implemented in all jurisdictions in Australia. All jurisdictions -So that must include Federal?ADG code -is it suitable?It is firstly important to read all the information on the Infrastructure website to understand what the ADG code does (and doesn t) below the previous quote is (bold added): The purpose of is to provide consistent technical requirements for the land transport of Dangerous Goods across Australia. The code should be read in conjunction with relevant state or territory law. adopts the structure, format, definitions and concepts of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations while retaining some Australian specific provisions. It also incorporates additional provisions for the transport of infectious substances.

2 So the ADG code is for land transport onlyEach State or Territory government implements it by way of their legislation It is based on the UN Model Regulations though so are the international transport codes for air and seaWhy can t they be harmonised?There are quite a few codes all based on the UN Model Regulations and they are all different ADR (European road), RID (European rail), ICAO Technical Instructions (international air), imdg code (international sea), ADG code (Australian road/rail).The differences are due to the mode as well as the jurisdictional area each code is applied Harmonisation of Dangerous Goods transportCodesThey are harmonised where the UN Model Regulations provisions suit the mode and the jurisdictionWhat suits air transport will not necessarily suit other modes aircraft and their operations being very different to trucks and trainsThe same is true for sea transport ships and their operations are also very different to trucks and trains (and different again to air)

3 So all codes are harmonised as much as each mode and jurisdiction is able to accept and applyThat leads to a harmonisation challenge for jurisdictions like Australia, where a large amount of Dangerous Goods are transported by land to reach a port and are then loaded onto a shipIn Australia the sea transport of Dangerous Goods is covered by Federal legislation for the loading of Regulated Australian Vessels (RAV) and foreign flagged vessels that is the Navigation Act 2012 and associated Marine OrdersIMDG code how is it appliedMarine Order 41 (Carriage of Dangerous Goods ) 2009 is the Order that covers the carriage of Dangerous Goods by seaIt primarily applies the imdg code in it s entirety and adds some requirements for AustraliaIt is important to note it does not amend the imdg code provisions in any wayThese differences are the main cause of issues noted when Dangerous Goods change mode from land to sea (and vice-versa)

4 In AustraliaThey are not a lack of harmonisation as explained earlierThey are due to the unique inherent risks of each mode and how each jurisdiction mitigates those risksMajor differences imdg and ADG Ships can carry tens, hundreds or thousands of Cargo Transport Units or breakbulk packages containing any Class of Dangerous goodsThe ships themselves are constructed and certified by their Flag State as to what classes of Dangerous Goods they can carry and whereADG code Australian special provisions have been developed and applied to suit the unique operations of land transport in Australia the vehicles, areas of operation and so onIf they are used in the land transport prior to the Dangerous Goods being loaded onto a ship, the Dangerous Goods cannot be loaded in compliance with the applicable legislation Marine Order 41 (the imdg code )Australian special provisionsThe ADG code competent authorities can vary by jurisdiction and by Class of Dangerous goodThe imdg code covers all Classes and AMSA is the single Federal competent authorityClasses and Competent AuthoritiesUnder the ADG code the competent authorities are working to regulate what suits Australia, within each jurisdiction and within Australian sovereign borders Under the imdg code the competent authorities (there were 162 nations that have ratified the SOLAS Convention as of March 2016 )

5 Are working to regulate a single code applied worldwide by international convention, without any unilateral amendmentsSo whilst it would appear highly desirable in Australia to totally harmonise sea transport regulations with land regulations to permit seamless change of is unable to do that since we have promised internationally to implement and apply the imdg code to all Dangerous Goods leaving Australia and arriving anywhere overseas by requirements could be 100% aligned with the imdg code requirements however that would cause unnecessary imposts noting the differences are due to unique risks inherent in the transport mode/vehicleTo assist the seamless change of modes Marine Order 41 applies the transport requirements of the imdg code to persons and the Dangerous Goods themselves anywhere in Australia -when the Dangerous Goods are to be loaded onto a ship under the Navigation Act 2012 What code should I follow?

6 If you are carrying out any task to enable the loading of Dangerous Goods onto a ship at an Australian port, it is essential you are complying with Marine Order 41 The ADG code permits the land transport phase of the export to be in compliance with the imdg code any minor differences may require minor changes at the change of mode but what is required on land remains under State/Territory jurisdictionYou will need to be trained as is mandated in the imdg code and Marine Order 41 for every task you carry out under the OrderFor certain critical tasks the training course must be approved by training providers with such approved courses can be found on our website Training in the imdg CodeWhilst AMSA is the competent authority for the imdg code and the regulator for the Federal legislation, we are unable to provide advice as to how to comply with our legislationProviding advice as to how to comply with the imdg code is therefore also something we cannot doIMDG code how do I complyWe can, and do, provide as much general advice as we can it is difficult though to ensure we do not provide advice that is going to be relied upon for compliance.

7 If we do provide such advice it is then not possible to enforce our legislation if that advice is subsequently determined to be legally incorrect but it is relied uponApart from ensuring you are trained in the imdg code you will likely need some legal advice however it is doubtful the legal profession would be able to advise on every action you are contemplating to take. They are essential of course to assist with the application of the legislation to you -again as the legislator and regulator AMSA is unable to provide such legal adviceAs noted earlier the imdg code is based on the same UN Model Regulations as the ADG CodeThe actual Codes though differ widely and this is necessary to address the uniquely different modes of transport and the different jurisdictionsIf the ADG code is used to transport Dangerous Goods by land, to a port for loading onto a ship, it is highly likely the imdg code has not been complied withIMDG CodeThe imdg code in mandatory effect since 1 January 2016 , is the 2014 editionThe 2016 Edition will be published around October 2016 and can be used on a voluntary basis from 1 January 2017.

8 It will be mandatory from 1 January 2018 The two year cycle repeats with no pauses The 2018 Edition will be published late 2018 and will be voluntary from 1 January 2019 and mandatory from 1 January 2020In years where one Edition is mandatory and one is voluntary (next year for example with 2014 Edition still mandatory and 2016 Edition voluntary), the Edition that each person or entity applies or uses is their choiceMany entities such as shipping lines will insist the voluntary Edition is used as soon as it can beBy conditions of carriage (by contract) parties can insist on the Edition to be used in those overlap yearsOur legislation allows either to be used in overlap years it does not mandate the use of one Edition over the otherGenerally, where there is specialist advice required as to how to do something properly, the source of such advice is consultantsThe transport of Dangerous Goods is no exception Dangerous Goods consultantsWhilst AMSA is unable to recommend any service provider or individual, we can certainly recommend that people intending to act under Marine order 41, seek consultative advice as to how to comply with the imdg code A simple search using your favourite search engine for australiandangerous Goods consultants will provide a wide choiceYou may even notice that the search engine places the Australian Institute of Dangerous Goods Consultants (AIDGC)

9 Somewhere near the top of the resultsAs with AMSA s advice, this doesn t necessarily mean they and their members are recommended (by your favourite search engine or anybody else)Any Questions?