Dangerous Goods by Sea

IMDG Code
 ADG Code - is it suitable?

From the Infrastructure website:

“Edition 7.4 of the Australian Dangerous
Goods Code (ADG 7.4) has been
implemented in all jurisdictions in Australia. “
All jurisdictions - So that must include
Federal?
It is firstly important to read all the information
on the Infrastructure website to understand
what the ADG Code does (and doesn’t) cover.
Immediately below the previous quote is (bold
added):
“The purpose of ADG 7.4 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.
ADG 7.4 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.”
So the ADG Code is for land transport only
Each 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 sea
Why can’t they be harmonised?
 Harmonisation of dangerous goods transport
Codes

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
They are harmonised where the UN Model
Regulations provisions suit the mode and the
jurisdiction
What suits air transport will not necessarily suit
other modes – aircraft and their operations being
very different to trucks and trains
The same is true for sea transport – ships and their
operations are also very different to trucks and
trains (and different again to air)
So all codes are harmonised as much as each
mode and jurisdiction is able to accept and
apply
That 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 ship
 IMDG Code – how is it applied

In 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
Orders
Marine Order 41 (Carriage of dangerous goods)
2009 is the Order that covers the carriage of
dangerous goods by sea
It primarily applies the IMDG Code in it’s entirety
and adds some requirements for Australia
It is important to note it does not amend the IMDG
Code provisions in any way
 Major ‘differences’ IMDG and ADG

These differences are the main cause of issues

noted when dangerous goods change mode
from land to sea (and vice-versa) in Australia
They are not a lack of harmonisation as
explained earlier
They are due to the unique inherent risks of
each mode and how each jurisdiction mitigates
those risks
Ships can carry tens, hundreds or thousands of
Cargo Transport Units or breakbulk packages
containing any Class of dangerous goods
The ships themselves are constructed and
certified by their Flag State as to what classes
of dangerous goods they can carry and where
 Australian special provisions
ADG 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 on
If 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)
 Classes and Competent Authorities

The ADG Code competent authorities can

vary by jurisdiction and by Class of
dangerous good
The IMDG Code covers all Classes and
AMSA is the single Federal competent
authority
Under 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) are working to regulate a single Code
applied worldwide by international convention, without
any unilateral amendments
So whilst it would appear highly desirable in
Australia to totally harmonise sea transport
regulations with land regulations to permit
‘seamless’ change of modes………
Australia 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 sea.
Land 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/vehicle
 What code should I follow?

To 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
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 jurisdiction
 Training in the IMDG Code

You will need to be trained as is mandated

in the IMDG Code and Marine Order 41 for
every task you carry out under the Order
For certain critical tasks the training course
must be approved by AMSA.
The training providers with such approved
courses can be found on our website
 IMDG Code – how do I comply

Whilst 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 legislation
Providing advice as to how to comply with the
IMDG Code is therefore also something we
cannot do
We 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.
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 upon
Apart 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 advice
 IMDG Code

As noted earlier the IMDG Code is based on the same

UN Model Regulations as the ADG Code
The actual Codes though differ widely and this is
necessary to address the uniquely different modes of
transport and the different jurisdictions
If 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 with
The IMDG Code in mandatory effect since 1
January 2016, is the 2014 edition
The 2016 edition will be published around
October 2016 and can be used on a voluntary
basis from 1 January 2017. 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 2020
In 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 choice
Many entities such as shipping lines will insist
the voluntary edition is used as soon as it can be
By conditions of carriage (by contract) parties
can insist on the edition to be used in those
overlap years
Our legislation allows either to be used in
overlap years – it does not mandate the use of
one edition over the other
 Dangerous goods consultants

Generally, where there is specialist advice

required as to how to do something properly,
the source of such advice is consultants
The transport of dangerous goods is no
exception
Whilst 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 ‘australian dangerous goods consultants’ will
provide a wide choice
You may even notice that the search engine places
the Australian Institute of Dangerous Goods
Consultants (AIDGC) somewhere near the top of
the results
As 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?