Dangerous Goods Act 1975 Dangerous Goods (General) Amendment (Penalty Notices) Regulation 2001 (2001-1007) [GG No 196 of 21.12.2001, p 10466] (NSW)

2001 No 1007

Dangerous Goods (General) New South Wales

Amendment (Penalty Notices)

Regulation 2001

under the

Dangerous Goods Act 1975

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Dangerous Goods Act 1975.

JOHN DELLA BOSCA, M.L.C, Minister for Industrial Relations

Explanatory note
The objects of this Regulation are:

(a)	to prescribe certain offences under the Dangerous Goods (General) Regulation 1999 relating to ports as offences that can be dealt with by penalty notice, and
(b)	to provide for certain members of staff of Port Corporations to issue penalty notices in relation to those offences.

These matters were previously dealt with under the Occupational Health and Safety Act 1983, which was repealed by the Occupational Health and Safety Act 2000.

This Regulation is made under the Dangerous Goods Act 1975, including sections 41 (the general regulation-making power) and 43A (penalty notices for certain offences).

Published in Gazette No 196 of 21 December 2001, page 10466	Page 1
[4]
2001 No 1007
Clause 1	Dangerous Goods (General) Amendment (Penalty Notices) Regulation 2001

Dangerous Goods (General) Amendment (Penalty
Notices) Regulation 2001

1. Name of Regulation

   This Regulation is the Dangerous Goods (General) Amendment
   (Penalty Notices) Regulation 2001.

2. Amendment of Dangerous Goods (General) Regulation 1999

   The Dangerous Goods (General) Regulation 1999 is amended as set out in Schedule 1.

2001 No 1007

Dangerous Goods (General) Amendment (Penalty Notices)

Regulation 2001

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

1. Clause 343 Authorised officers

   Insert at the end of the clause:

(2)

In relation to an offence under Part 11:

(a)	that is prescribed by this Regulation as an offence for which a penalty notice may be served, and
(b)	that is committed in an area where a Port Corporation (within the meaning of the Ports Corporatisation and Waterways Management Act 1995) exercises port safety functions to which an operating licence held by it under that Act applies,

a member of staff of the Port Corporation to whom the Port Corporation has issued written authorisation for the purposes of this Regulation is declared to be an authorised officer for the purposes of section 43A of the Dangerous Goods Act 1975.

1. Schedule 4 Penalty notices

   Insert at the end of the Schedule:

   Offences under the Dangerous Goods (General) Regulation relating to ports

Clause 261 (3)	$550	8132	Person responsible not comply with requirements of AS 3846
Clause 263 (1)	$550	8168	Master enter port without approval/contrary to conditions

2001 No 1007

Dangerous Goods (General) Amendment (Penalty Notices)

Regulation 2001

Schedule 1 Amendments

Clause 265 (a)	$550	8173	Person responsible not notify spillage/damage/deterioration
Clause 265 (b)	$550	8174	Person responsible not remove goods/container/tank/packaging as directed
Clause 267 (1)	$220	8175	Master not display warning flag/light
Clause 268 (1)	$220	8176	Master not display warning notice
Clause 276 (3)	$550	8177	Master not ensure work accords with approval conditions/requirements
Clause 278 (1)	$550	8178	Store category A dangerous goods on wharf
Clause 278 (2)	$550	8213	Store category B/C dangerous goods on wharf without approval
Clause 279 (1)	$550	8225	Owner not remove category A/B/C dangerous goods within time