Dangerous Goods Safety Management Act 2001 (Qld)
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Queensland Dangerous Goods Safety Management Act 2001 Reprinted as in force on 1 December 2009 Reprint No. 2C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 1 December 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Dangerous Goods Safety Management Act 2001 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 Division 4 8 9 10 11 12 13 14 15 Part 2 Division 1 16 17 18 19 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Application and operation of Act Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Who does this Act apply to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Objective of Act Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of dangerous goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of hazardous material . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of major accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Meaning of occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Meaning of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Safety obligations Preliminary Obligations for safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 What is an acceptable level of risk . . . . . . . . . . . . . . . . . . . . . . . . 14 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Person may owe obligations in more than 1 capacity. . . . . . . . . . 16
20 21 22 Division 2 23 24 25 26 27 Division 3 28 Part 3 29 30 Part 4 Division 1 31 32 33 34 Division 2 35 36 37 38 39 Division 3 40 41 2 Dangerous Goods Safety Management Act 2001 Person not relieved of obligations merely because other person has same obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . How obligation can be discharged if regulation or recognised standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How obligations can be discharged if no regulation or recognised standard made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of occupiers and others Obligations of occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of employees and other persons . . . . . . . . . . . . . . . . Obligations of manufacturers, importers and suppliers of dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of designers, manufacturers, importers, suppliers and installers of storage or handling systems . . . . . . . . Obligations of suppliers and installers for known hazards etc. . . . Defences Defences for div 1 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognised standards Recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of recognised standard in proceedings . . . . . . . . . . . . . . . . . Major hazard facilities Classification of facilities as major hazard facilities Meaning of major hazard facility and possible major hazard facility ........................................ Chief executive may classify facility as major hazard facility . . . . Grounds for classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may declassify major hazard facility . . . . . . . . . . Notification to chief executive about possible major hazard facilities Obligation to notify chief executive of existing possible major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify chief executive of new possible major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify chief executive of certain upgrades of facilities ...................................... Obligation to notify chief executive of modification to a major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to comply with chief executive’s notice requiring information about possible major hazard facility. . . . . . . . . . . . . . Other obligations of occupiers of major hazard facilities Other obligations of occupier of major hazard facility. . . . . . . . . . Occupier must carry out systematic risk assessment . . . . . . . . . 16 16 17 17 18 19 19 20 21 22 22 23 23 24 25 25 26 26 28 28 28 29
3 Dangerous Goods Safety Management Act 2001 42 43 44 45 46 47 Part 5 Division 1 48 Division 2 49 50 Division 3 51 52 53 Part 6 Division 1 54 55 56 57 58 59 60 61 Division 2 Subdivision 1 62 Subdivision 2 63 64 Emergency plans and procedures for major hazard facility . . . . . Occupier must consult about emergency plans and procedures . Occupier must provide education and training . . . . . . . . . . . . . . . Safety management system for major hazard facility . . . . . . . . . . Occupier must consult and give information about safety measures ..................................... Occupier must give safety report to chief executive . . . . . . . . . . . Dangerous goods locations Identification of dangerous goods locations Meaning of dangerous goods location and large dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification to chief executive about possible dangerous goods locations Obligation to notify chief executive of possible large dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to comply with chief executive’s notice requiring information about possible dangerous goods location . . . . . . . . . Other obligations of occupiers of dangerous goods locations Other obligations of occupier of dangerous goods locations . . . . Emergency plans and procedures for large dangerous goods locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safety management system for dangerous goods location . . . . . Authorised officers and directives Authorised officers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officers Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 30 30 31 32 33 34 34 35 35 36 37 37 37 38 38 39 39 39 40 41 42
4 Dangerous Goods Safety Management Act 2001 65 66 67 Subdivision 3 68 69 70 Subdivision 4 71 72 73 74 75 76 77 78 79 80 Subdivision 5 81 82 83 84 85 86 87 Division 3 Subdivision 1 88 89 Subdivision 2 90 91 92 93 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . General powers General powers after entering places . . . . . . . . . . . . . . . . . . . . . Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence at major hazard facility, dangerous goods location or other place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officer may require thing’s return . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . Power to require attendance of persons before an authorised officer to answer questions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with requirement about attendance . . . . . . . . . Directives by authorised officers Giving directives Authorised officer may give directive . . . . . . . . . . . . . . . . . . . . . . How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters for which directives may be given Directive to carry out assessment . . . . . . . . . . . . . . . . . . . . . . . . Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to review safety management system . . . . . . . . . . . . . . Directive to review systematic risk assessment . . . . . . . . . . . . . . 42 43 44 45 46 46 47 47 48 48 48 49 49 50 50 51 51 52 52 53 53 53 54 54 54 55 55 56 56
5 Dangerous Goods Safety Management Act 2001 94 95 96 97 98 99 Subdivision 3 100 101 Subdivision 4 102 103 104 105 Division 4 106 107 107A 107B Division 5 108 109 110 111 112 Part 7 Division 1 113 Division 2 114 115 116 117 118 119 120 Directive to review emergency plans and procedures . . . . . . . . . Directive to review safety report . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to stop and secure storage or handling systems . . . . . . Directive to suspend operations for unacceptable level of risk . . . Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to provide independent study or audit . . . . . . . . . . . . . . Recording of directives and other matters Records must be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of directives Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediate action to protect people, property or environment Preventing injury and damage—taking direct action . . . . . . . . . . Recovery of costs of government action . . . . . . . . . . . . . . . . . . . Cost recovery notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost recovery notice issued to several persons . . . . . . . . . . . . . . General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing authorised officers. . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous materials emergencies Purpose Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of persons as hazmat advisers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Function of hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 56 56 57 57 58 59 59 60 60 60 61 62 63 64 66 66 67 68 68 68 69 69 69 69 70 70 70 71
6 Dangerous Goods Safety Management Act 2001 121 Division 3 Subdivision 1 122 Subdivision 2 123 124 125 Part 8 Division 1 126 127 Division 2 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Powers of hazmat advisers Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers General powers after entering a place for a hazardous materials emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to help a hazmat adviser . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigations and inquiries into major accidents Requirement about major accidents and near misses Notice of major accident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of near misses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries by board of inquiry Minister may establish or re-establish boards of inquiry. . . . . . . . Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive to arrange for services of staff and financial matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiry to be held in public other than in special circumstances . Protection of members, legal representatives and witnesses . . . Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . Board’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of documents or other things . . . . . . . . . . . . . . . . . . . Inquiry may continue despite court proceeding unless otherwise ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 72 73 73 73 74 75 75 75 76 76 76 77 77 77 77 78 78 78 79 79 79 80 80 80 81
7 Dangerous Goods Safety Management Act 2001 Part 9 Division 1 148 Division 1A 154A 154B 154C 154D 154E 154F 154G 154H Division 2 155 156 157 158 159 160 Part 10 Division 1 161 162 163 164 165 Division 2 166 167 168 169 170 171 172 173 Reviews and appeals Review of decision to classify facility as a major hazard facility Review of chief executive decision . . . . . . . . . . . . . . . . . . . . . . . . Appeals against decision to issue cost recovery notice Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of ss 154C–154G to an appeal under this division . . Appeals against review decisions Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings Evidence Proof of appointments and authority unnecessary . . . . . . . . . . . . Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expert reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Analyst’s report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . Limitation on who may summarily hear indictable offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on time for starting summary proceedings. . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . 81 81 81 81 82 82 83 83 83 83 84 84 85 85 85 86 86 86 87 89 89 89 90 91 91 91 91 92
8 Dangerous Goods Safety Management Act 2001 174 175 Part 11 176 177 178 179 180 181 182 183 184 185 186 187 Part 12 188 Part 13 189 Schedule 2 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person not to encourage refusal to answer questions . . . . . . . . . Person not to knowingly make false or misleading entry . . . . . . . Impersonating authorised officer or hazmat adviser . . . . . . . . . . Relationship with Integrated Planning Act 1997 . . . . . . . . . . . . . . Delegations by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegations relating to devolved matters . . . . . . . . . . . . . . . . . . . Representation by employee or contractor. . . . . . . . . . . . . . . . . . Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Environmental Protection andOther Legislation Amendment Act (No. 2) 2008 Proceedings started before commencement of this section. . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 93 94 94 95 95 95 96 96 97 98 98 99 99 100 101 102 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 108 108 108 109 109 110 112
s1 9 s3 Dangerous Goods Safety Management Act 2001 Dangerous Goods Safety Management Act 2001 [as amended by all amendments that commenced on or before 1 December 2009] An Act about the safe management in Queensland of the storage and handling of hazardous materials, particularly dangerous goods and combustible liquids, and the management of major hazard facilities and emergencies involving hazardous materials, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Dangerous Goods Safety Management Act 2001. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Application and operation of Act 3 Application of Act (1) This Act, other than part 7 and the other provisions of the Act relevant to that part, does not apply to— (a) a coal mine to which the Coal Act applies; or (b) a mine to which the Mines Act applies; or
s 4 10 s 4 Dangerous Goods Safety Management Act 2001 (c) land that, under the Petroleum Act 1923 or the PetroleumandGas(ProductionandSafety)Act2004, is used to obtain, produce or transport petroleum; or (d) pipes under the PetroleumandGas(ProductionandSafety) Act 2004 (other than pipes within the boundaries of a major hazard facility or dangerous goods location); or (e) land that, under the Greenhouse Gas Storage Act 2009, is used to carry out GHG stream storage; or (f) a GHG stream pipeline under the GreenhouseGasStorage Act 2009 , other than within the boundaries of a major hazard facility or dangerous goods location. (2) If this Act conflicts with any of the following Acts, that Act prevails, but only to the extent of the conflict— (a) Explosives Act 1999 ; (b) Petroleum and Gas (Production and Safety) Act 2004 ; (c) Radiation Safety Act 1999 . (3) If— (a) this Act imposes a safety obligation on a person; and (b) the PetroleumandGas(ProductionandSafety)Act2004 , the ExplosivesAct1999 or the RadiationSafetyAct 1999 imposes an obligation on the person or another person that is at least equivalent to the safety obligation; compliance with the obligation under the Petroleum and Gas(Production and Safety) Act 2004, the Explosives Act 1999 or the RadiationSafetyAct1999 is taken, for this Act, to be compliance with the safety obligation. (4) However, subsection (3) does not apply to safety obligations relating to a major hazard facility. 4 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
s 5 11 s 7 Dangerous Goods Safety Management Act 2001 5 What does this Act apply to This Act applies to— (a) the storage and handling of hazardous materials, particularly dangerous goods and combustible liquids; and (b) the operation of major hazard facilities; and (c) the provision of advice and help for emergencies involving hazardous materials. 6 Who does this Act apply to Subject to section 3, this Act applies to everyone who as a result of the storage or handling of hazardous materials at a place may affect the safety of persons or harm property or the environment. Division 3 Objective of Act 7 Objective of Act (1) The objective of this Act is to protect the safety of persons, and prevent harm to property and the environment, from hazardous materials. (2) More particularly, this Act— (a) establishes requirements for— (i) the safe storage and handling of dangerous goods and combustible liquids; and (ii) the safe operation of major hazard facilities; and (b) authorises the giving of advice and help in hazardous materials emergencies.
s 8 12 s 12 Dangerous Goods Safety Management Act 2001 Division 4 Interpretation 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. 9 Meaning of dangerous goods Goods are dangerous goods if they are defined under the ADG Code as— (a) dangerous goods; or (b) goods too dangerous to be transported. 10 Meaning of environment The environment includes— (a) ecosystems and their constituent parts; and (b) all natural and physical resources; and (c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c). 11 Meaning of hazard A hazard is a thing or a situation with potential to cause harm to a person, property or the environment. 12 Meaning of hazardous material (1) A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following—
s 13 13 s 16 Dangerous Goods Safety Management Act 2001 (a) the chemical properties of the substance; (b) the physical properties of the substance; (c) the biological properties of the substance. (2) Without limiting subsection (1), all dangerous goods, combustible liquids and chemicals are hazardous materials. 13 Meaning of major accident Major accident means a sudden occurrence (including, in particular, a major emission, loss of containment, fire, explosion or release of energy) leading to serious danger or serious harm to persons, property or the environment, whether immediate or delayed. 14 Meaning of occupier Occupier , of a major hazard facility, dangerous goods location, facility or other place, means an employer, or other person, who has overall management of the major hazard facility, dangerous goods location, facility or place. 15 Meaning of risk Risk means the likelihood of harm to a person, property or the environment arising out of a hazard. Part 2 Safety obligations Division 1 Preliminary 16 Obligations for safety (1) Everyone involved with the storage or handling of hazardous materials or with storage or handling systems at any place who may affect the safety of persons or may harm property at
s 17 14 s 17 Dangerous Goods Safety Management Act 2001 any place or the environment has the following obligations ( safety obligations )— (a) to comply with this Act; (b) to take all reasonable precautions and care to achieve an acceptable level of risk. (2) In addition to their obligations under subsection (1), the following persons have obligations under division 2 (also safety obligations )— (a) the occupier of a major hazard facility or dangerous goods location; (b) an employee or other person at a major hazard facility or dangerous goods location; (c) a manufacturer, importer or supplier of dangerous goods; (d) a designer, manufacturer, importer or supplier of storage or handling systems for use at a major hazard facility or dangerous goods location; (e) an installer of storage or handling systems at a major hazard facility or dangerous goods location. (3) In addition to the obligations of the occupier of a major hazard facility under subsections (1) and (2), the occupier has the obligations under part 4 (also safety obligations ). (4) In addition to the obligations of the occupier of a dangerous goods location under subsections (1) and (2), the occupier has the obligations under part 5 (also safety obligations ). 17 What is an acceptable level of risk (1) An acceptable level of risk is achieved when risk is minimised as far as reasonably practicable. (2) To decide whether risk is minimised as far as reasonably practicable, regard must be had to— (a) the likelihood of harm to a person, property or the environment related to the risk; and (b) the severity of the harm.
s 18 15 s 18 Dangerous Goods Safety Management Act 2001 (3) The acceptable level of risk may be prescribed under a regulation in terms of the likelihood and the severity of the consequences of the risk or in another way. (4) The assessment of risk to decide its acceptability must take account of good industry practice and compliance with recognised standards if— (a) a regulation does not prescribe an acceptable level for risk or set performance objectives and measures for the avoidance, reduction or monitoring of risk; or (b) it is not practicable in the circumstances to calculate or estimate the level of risk. 18 Discharge of obligations (1) A person on whom a safety obligation is imposed must discharge the obligation. Maximum penalty— (a) if the contravention causes multiple deaths and serious harm to property or the environment—3000 penalty units or 3 years imprisonment; or (b) if the contravention causes multiple deaths—2000 penalty units or 3 years imprisonment; or (c) if the contravention causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or (d) if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or (e) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or (f) if the contravention causes serious harm to property or the environment—750 penalty units or 6 months imprisonment; or (g) if paragraphs (a) to (f) and subsection (3) do not apply—500 penalty units. (2) Subsection (3) applies if—
s 19 16 s 21 Dangerous Goods Safety Management Act 2001 (a) a person is alleged to have contravened subsection (1) (the alleged offence ); and (b) it is alleged the safety obligation the person did not discharge is the obligation to comply with this Act; and (c) the provision of the Act (the Act provision ) to which the failure relates provides for a penalty for a contravention of the Act provision; and (d) a circumstance of aggravation mentioned in paragraphs (a) to (f) of the penalty in subsection (1) is not proved for the alleged offence. (3) The maximum penalty that can be imposed for the alleged offence is the monetary penalty for the Act provision. 19 Person may owe obligations in more than 1 capacity A person on whom a safety obligation is imposed may be subject to more than 1 safety obligation. Example — A person may be both a designer of storage or handling systems and also the occupier of a major hazard facility and be subject to safety obligations in each capacity. 20 Person not relieved of obligations merely because other person has same obligations To remove doubt, it is declared that the imposition of a safety obligation on a person does not relieve another person of the other person’s safety obligations under this Act. 21 How obligation can be discharged if regulation or recognised standard made (1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety obligation relating to the risk only by following the prescribed way. (2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety obligation relating to the risk only by ensuring the prohibition is not contravened.
s 22 17 s 23 Dangerous Goods Safety Management Act 2001 (3) Subject to subsections (1) and (2), if a recognised standard states a way of achieving an acceptable level of risk, a person may discharge the person’s safety obligation relating to the risk only by— (a) adopting and following a stated way; or (b) adopting and following another way that achieves a level of risk equal to or lower than the acceptable level. 1 22 How obligations can be discharged if no regulation or recognised standard made (1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge a person’s safety obligation relating to a risk. (2) The person may choose an appropriate way to discharge the person’s safety obligation relating to the risk. (3) However, the person discharges the person’s safety obligation relating to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged. Division 2 Obligations of occupiers and others 23 Obligations of occupiers (1) The occupier of a major hazard facility or dangerous goods location has the following obligations— (a) as far as practicable, to minimise the risk associated with the major hazard facility or dangerous goods location by— (i) eliminating or minimising hazards at the facility or location; and (ii) implementing measures to minimise the likelihood of a major accident at the facility or location; and 1 For this section and the following section, see defences provided under division 3.
s 24 18 s 24 Dangerous Goods Safety Management Act 2001 (iii) implementing measures to limit the consequences if a major accident happens at the facility or location; (b) to ensure the safety of the occupier and employees while at the major hazard facility or dangerous goods location, including, for example, by providing and maintaining a safe place of work including safe storage or handling systems; (c) to record or be able to demonstrate the way the occupier has complied with the occupier’s obligations under paragraphs (a) and (b); (d) in consultation with the employees at the facility or location, to provide appropriate induction, information, supervision, education and training to all persons at the facility or location so that the persons may carry out their roles and duties safely; (e) to develop, implement and maintain a safety management system for the facility or location. (2) The occupier of a major hazard facility or large dangerous goods location also has the following obligations— (a) in consultation with the employees at the facility or location, to establish, maintain and document emergency plans and procedures to— (i) contain and control a hazardous materials emergency happening at the facility or location; and (ii) minimise the effect of the emergency on persons, property and the environment; (b) in consultation with the employees at the facility or location, to review and update emergency plans and procedures before any modification of the facility or location that would significantly alter the risk associated with the facility or location. 24 Obligations of employees and other persons An employee or other person at a major hazard facility or dangerous goods location has the following obligations—
s 25 19 s 26 Dangerous Goods Safety Management Act 2001 (a) to comply with procedures applying to the employee or other person that are part of a safety management system for the facility or location; (b) to comply with instructions given for the safety of persons by the occupier of the facility or location or a supervisor at the facility or location; (c) to report to a supervisor at the facility or location any matter at the facility or location that may lead to or cause a major accident; (d) to take any other reasonable and necessary course of action at the facility or location to ensure no-one is exposed to an unacceptable level of risk. 25 Obligations of manufacturers, importers and suppliers of dangerous goods (1) A manufacturer, importer or supplier of dangerous goods has the following obligations— (a) to ensure the dangerous goods are in a condition that is safe for storage and handling; (b) to ensure appropriate information about the safe storage and handling of the dangerous goods is provided with, or before the receipt of, the dangerous goods. (2) For subsection (1)(b), information is appropriate if the information clearly identifies the dangerous goods and states— (a) the precautions to be taken for the safe storage and handling of the dangerous goods; and (b) the hazards associated with the storage and handling of the dangerous goods. 26 Obligations of designers, manufacturers, importers, suppliers and installers of storage or handling systems (1) A designer or importer of a storage or handling system for use at a major hazard facility or dangerous goods location has an obligation to ensure the system is designed so that, when used
s 27 20 s 27 Dangerous Goods Safety Management Act 2001 properly, the risk to persons, property or the environment from the use of the system is at an acceptable level of risk. (2) A manufacturer or importer of a storage or handling system for use at a major hazard facility or dangerous goods location has an obligation to ensure the system is constructed so that, when used properly, the risk to persons, property or the environment from the use of the system is at an acceptable level of risk. (3) A designer, manufacturer, importer or supplier of a storage or handling system for use at a major hazard facility or dangerous goods location must take all reasonable steps to ensure appropriate information about the safe use of the system is available to the occupier of the facility or location, including information about the maintenance necessary for the safe use of the system. (4) For subsection (3), information is appropriate if the information states— (a) the use for which the storage or handling system has been designed and tested; and (b) any conditions that must be complied with if the system is to be used safely so that risk to persons, property or the environment is at an acceptable level of risk. (5) An installer of a storage or handling system at a major hazard facility or dangerous goods location has an obligation to install the system in a way so that when the system is used properly, the risk to persons, property or the environment is at an acceptable level of risk. 27 Obligations of suppliers and installers for known hazards etc. (1) This section applies to a person if the person— (a) is a supplier or installer of a storage or handling system who becomes aware of a hazard or defect associated with the system that may create an unacceptable level of risk to users of the system; and (b) has supplied the system to the occupier of, or has installed the system in, a major hazard facility or
s 28 21 s 28 Dangerous Goods Safety Management Act 2001 dangerous goods location for use at the facility or location. (2) A person to whom this section applies has an obligation to take all reasonable steps to inform the present occupier— (a) of the nature of the hazard or defect and its significance; and (b) any modifications or controls of which the person is aware that have been developed to eliminate or correct the hazard or defect or manage the risk. Division 3 Defences 28 Defences for div 1 or 2 (1) It is a defence in a proceeding against a person for a contravention of a safety obligation imposed on the person under division 1 or 2 relating to a risk for the person to prove— (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or (b) subject to paragraph (a), if a recognised standard has been made stating a way to achieve an acceptable level of a risk— (i) the person adopted and followed a stated way to prevent the contravention; or (ii) the person adopted and followed another way that achieved a level of risk that is equal to or lower than the acceptable level to prevent the contravention; or (c) if no regulation or recognised standard prescribes or states a way to discharge the person’s safety obligation relating to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention.
s 29 22 s 30 Dangerous Goods Safety Management Act 2001 (2) Also, it is a defence in a proceeding against a person for an offence against section 18 for the person to prove that the commission of the offence was due to causes over which the person had no control. (3) The Criminal Code, sections 23 and 24, do not apply to a contravention of section 18. Part 3 Recognised standards 29 Recognised standards (1) The Minister may make standards ( recognised standards ) stating ways to achieve an acceptable level of risk. (2) The Minister must notify the making of a recognised standard. (3) A recognised standard takes effect— (a) on the day the Minister’s notice is notified or published in the gazette; or (b) if a later day is stated in the Minister’s notice or the standard—on that day. (4) The chief executive must keep a copy of each recognised standard and any document applied, adopted or incorporated by the standard available for inspection, without charge, during normal business hours at the department office dealing with the safety of hazardous materials. (5) The chief executive must, if asked, advise where a copy of a recognised standard may be obtained. (6) A notice mentioned in subsection (2) is subordinate legislation. 30 Use of recognised standard in proceedings A recognised standard is admissible in evidence in a proceeding under this Act if— (a) the proceeding relates to a contravention of a safety obligation imposed on a person under part 2; and
s 31 23 s 32 Dangerous Goods Safety Management Act 2001 (b) it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and (c) the recognised standard is about achieving an acceptable level of risk. Part 4 Major hazard facilities Division 1 Classification of facilities as major hazard facilities 31 Meaning of major hazard facility and possible major hazard facility (1) A major hazard facility is a facility that is classified by the chief executive under this division as a major hazard facility. (2) A possible major hazard facility means either of the following facilities, other than a facility under a declaration under section 32(4)— (a) a facility where a hazardous material is stored or handled if the quantity of the material is more than the quantity prescribed under a regulation; (b) a facility that the occupier of the facility intends to use for the storage or handling of a hazardous material if the quantity of the material that is likely to be stored or handled is more than the quantity prescribed under a regulation. 32 Chief executive may classify facility as major hazard facility (1) The chief executive may, after consultation with the occupier of a facility, by gazette notice, make a decision under section 33 classifying the facility as a major hazard facility. (2) The gazette notice must—
s 33 24 s 33 Dangerous Goods Safety Management Act 2001 (a) include a description of the area occupied by the major hazard facility; and (b) indicate in broad terms the reasons for the classification. (3) Within 7 days after making the decision, the chief executive must give the occupier a QCAT information notice for the decision. (4) If the chief executive decides not to make a decision under section 33 classifying the facility as a major hazard facility, the chief executive must declare, by written notice to the occupier of the facility, that the facility as described in the declaration is not a major hazard facility. (5) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). 33 Grounds for classification (1) The chief executive must classify a facility as a major hazard facility if the chief executive is reasonably satisfied that— (a) the quantity of hazardous materials stored or handled, or that is likely to be stored or handled, at the facility is more than the quantity prescribed under a regulation; and (b) a hazardous materials emergency at the facility could pose a risk to persons, property or the environment outside the facility. (2) Also, the chief executive may classify a facility as a major hazard facility if the chief executive is reasonably satisfied that, having regard to both the following matters, the requirements applying under this Act for major hazard facilities should apply to the facility— (a) the potential for a hazardous materials emergency to come into existence at the facility; (b) the extent to which a hazardous materials emergency at the facility would pose a risk to persons, property or the environment.
s 34 25 s 35 Dangerous Goods Safety Management Act 2001 34 Chief executive may declassify major hazard facility (1) The chief executive may, after consultation with the occupier of a major hazard facility, by gazette notice, declassify the facility from its status as a major hazard facility if the chief executive reasonably considers grounds for the classification no longer exist. (2) A gazette notice under subsection (1) must— (a) include a description of the area occupied by the facility being declassified; and (b) indicate in broad terms the reasons for the declassification. (3) The chief executive must, by gazette notice, declassify a facility from its status as a major hazard facility if an appeal against the classification of the facility as a major hazard facility is successful. (4) The chief executive must give notice of the declassification to the occupier of the facility. Division 2 Notification to chief executive about possible major hazard facilities 35 Obligation to notify chief executive of existing possible major hazard facility (1) This section applies to a possible major hazard facility that is operational at the commencement of this section. (2) The occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must— (a) be in the approved form; and (b) be given within 3 months after the commencement of this section.
s 36 26 s 37 Dangerous Goods Safety Management Act 2001 36 Obligation to notify chief executive of new possible major hazard facility (1) This section applies to a possible major hazard facility that is not operational at the commencement of this section. (2) The occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must be in the approved form and must— (a) for a facility that starts operations within 12 months after the commencement of this section, be given to the chief executive— (i) if the facility starts operations within 2 months after the commencement—within 7 days after the commencement; or (ii) otherwise—at least 2 months before the facility starts operations; or (b) for a facility that starts operations more than 12 months after the commencement of this section, be given to the chief executive at least 6 months before the facility starts operations. 37 Obligation to notify chief executive of certain upgrades of facilities (1) This section applies to a facility, other than a major hazard facility, if there is a change in relation to the facility that involves any of the following— (a) the facility becoming a possible major hazard facility; (b) for a facility that is the subject of a declaration under section 32(4)— (i) the quantity of hazardous materials stored or handled, or likely to be stored or handled, at the
s 37 27 s 37 Dangerous Goods Safety Management Act 2001 facility is more than the quantity stated in the declaration; or (ii) other hazardous materials, other than materials of the type stated in the declaration, are stored or handled, or likely to be stored or handled, at the facility. (2) If a facility is an upgraded facility, the occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must be in the approved form and must— (a) if the facility is upgraded within 12 months after the commencement of this section, be given to the chief executive— (i) if the facility starts operations as an upgraded facility within 2 months after the commencement—within 7 days after the commencement; or (ii) otherwise—at least 2 months before the facility starts operations as an upgraded facility; or (b) if the facility is upgraded more than 12 months after the commencement of this section, be given to the chief executive at least 6 months before the upgraded facility starts operations. (4) In this section— upgraded facility means a facility that, as a result of a change in relation to the facility, is a facility of the type to which this section applies.
s 38 28 s 40 Dangerous Goods Safety Management Act 2001 38 Obligation to notify chief executive of modification to a major hazard facility Before the occupier of a major hazard facility undertakes modifications of the facility that will significantly alter the risk associated with the facility, the occupier must notify the chief executive about the modifications, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. 39 Obligation to comply with chief executive’s notice requiring information about possible major hazard facility (1) This section applies to a facility if the chief executive— (a) becomes aware of the presence, including the likely presence, of hazardous materials at the facility; and (b) reasonably considers the facility may be classified as a major hazard facility under section 33. (2) The chief executive may, by notice given to the occupier of the facility, require the occupier to notify the chief executive in the approved form, within the time stated in the notice, of stated information about the facility to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility. (3) The time stated in the notice must not be less than 14 days after the notice is given to the occupier. (4) The occupier must comply with the requirement, unless the occupier has a reasonable excuse. Maximum penalty for subsection (4)—200 penalty units. Division 3 Other obligations of occupiers of major hazard facilities 40 Other obligations of occupier of major hazard facility (1) The occupier of a major hazard facility has the obligations under this division.
s 41 29 s 42 Dangerous Goods Safety Management Act 2001 (2) These obligations are in addition to any other obligation imposed on the occupier of a major hazard facility under this Act. 41 Occupier must carry out systematic risk assessment (1) The occupier of a major hazard facility must, in consultation with the employees at the facility, carry out, document, review and update a systematic risk assessment that as far as practicable— (a) identifies all hazards that may lead to a major accident at the facility; and (b) assesses the likelihood of a major accident happening at the facility and its effects if it does happen; and (c) assesses the overall risk from the major hazard facility. (2) The systematic risk assessment must be carried out and documented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 4 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) The systematic risk assessment for a major hazard facility must be reviewed and updated before the facility is modified in a way that significantly alters the risk associated with the facility. 42 Emergency plans and procedures for major hazard facility For section 23(2)(a), emergency plans and procedures for a major hazard facility must be established and documented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 8 months after classification; or
s 43 30 s 45 Dangerous Goods Safety Management Act 2001 (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. 43 Occupier must consult about emergency plans and procedures In establishing, maintaining and documenting emergency plans and procedures the occupier of a major hazard facility must also consult with— (a) emergency services; and (b) persons and owners who must be consulted under section 46(2)(a). 44 Occupier must provide education and training (1) For section 23(1)(d), for a major hazard facility, education and training must— (a) establish and maintain the standards of competency of persons at the major hazard facility; and (b) be reviewed and updated so that standards of competency are maintained; and (c) be conducted as often as is necessary to maintain the standards of competency; and (d) be conducted before any modification of the major hazard facility that significantly alters the risk associated with the facility is carried out. (2) The occupier must keep a written record of the matters mentioned in subsection (1). 45 Safety management system for major hazard facility (1) For section 23(1)(e), the safety management system for a major hazard facility must be a documented, comprehensive integrated system for managing safety at the facility and must contain details of— (a) the system’s safety objectives; and
s 46 31 s 46 Dangerous Goods Safety Management Act 2001 (b) the systems and procedures by which the objectives are to be achieved; and (c) the performance criteria that are to be met; and (d) the way in which adherence to the criteria is to be maintained; and (e) other matters prescribed under a regulation. (2) The safety management system must be developed and implemented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 12 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) Without limiting subsection (1), but subject to subsection (2), the occupier of a major hazard facility must not operate the facility unless there is a safety management system for the facility. (4) The safety management system must be reviewed and updated for the major hazard facility before any modification of the facility that significantly alters the risk associated with the facility is carried out. 46 Occupier must consult and give information about safety measures (1) The occupier of a major hazard facility must identify areas surrounding the facility in which there may be material harm caused if a major accident happens at the facility. (2) The occupier— (a) must consult with and inform persons in the areas, and owners of property situated in the areas, about the hazards at the major hazard facility and the safety measures that should be taken if a major accident happens at the facility; and (b) must update the information as often as necessary to keep the persons and owners informed about the hazards
s 47 32 s 47 Dangerous Goods Safety Management Act 2001 and the way to respond to a major accident at the facility. (3) For subsection (2)(a), the occupier must first consult and inform persons and owners about hazards and safety measures— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 16 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (4) If a major accident happens at the facility, the occupier must ensure persons and owners who may be affected by the accident are immediately warned of the danger and advised of the safety measures they should take. 47 Occupier must give safety report to chief executive (1) The occupier of a major hazard facility must give a written report (a safety report ) to the chief executive that includes sufficient detail for the chief executive to decide whether— (a) risk at the major hazard facility is at an acceptable level; and (b) the occupier has satisfied the occupier’s obligations under this Act for the following— (i) the induction, information, supervision, education and training under section 23; (ii) the systematic risk assessment under section 41; (iii) the emergency plans and procedures under section 42; (iv) the safety management system under section 45; (v) the consultation and giving of information under section 46; (vi) other obligations prescribed under a regulation. (2) The occupier must give the safety report to the chief executive—
s 48 33 s 48 Dangerous Goods Safety Management Act 2001 (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 16 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) The occupier must review the safety report and give an update of it to the chief executive before any modification of the major hazard facility that significantly alters the risk associated with the facility is carried out. (4) However, the occupier must review the safety report and give an update of it to the chief executive at least once every 5 years. (5) The occupier must consult with the employees at the facility when preparing or updating the safety report. (6) The occupier must keep a written record of consultation happening under subsection (5). Part 5 Dangerous goods locations Division 1 Identification of dangerous goods locations 48 Meaning of dangerous goods location and large dangerous goods location (1) A place is a dangerous goods location if stated dangerous goods or combustible liquids are stored or handled at the place, or are likely to be stored or handled at the place, in quantities that are more than the minimum quantities prescribed under a regulation for this subsection. (2) However, a major hazard facility is not a dangerous goods location. (3) A dangerous goods location is a large dangerous goods location if stated dangerous goods or combustible liquids are
s 49 34 s 50 Dangerous Goods Safety Management Act 2001 stored or handled at the location, or are likely to be stored or handled at the location, in quantities that are more than the minimum quantities prescribed under a regulation for this subsection. (4) In this section— stated dangerous goods or combustible liquids means dangerous goods or combustible liquids prescribed under a regulation for this section. Division 2 Notification to chief executive about possible dangerous goods locations 49 Obligation to notify chief executive of possible large dangerous goods location (1) This section applies to a place if, having regard to the presence, including the likely presence, of dangerous goods or combustible liquids at the place, the occupier knows, or ought reasonably to know, that the place is a large dangerous goods location. (2) The occupier of the place must, as prescribed under a regulation, notify the chief executive, in the approved form, of information about the storage and handling of dangerous goods or combustible liquids at the place, unless the occupier has a reasonable excuse. Maximum penalty for subsection (2)—50 penalty units. 50 Obligation to comply with chief executive’s notice requiring information about possible dangerous goods location (1) This section applies to a place if— (a) the chief executive becomes aware of the presence or the likely presence of dangerous goods or combustible liquids at the place; and (b) the chief executive reasonably considers that the place is or may be a dangerous goods location.
s 51 35 s 52 Dangerous Goods Safety Management Act 2001 (2) The chief executive may, by notice given to the occupier of the place, require the occupier to notify the chief executive in the approved form, within the time stated in the notice, of information about the place that will indicate whether the place is a dangerous goods location. (3) The time stated in the notice must not be less than 14 days after the notice is given to the occupier. (4) The occupier must comply with the requirement, unless the occupier has a reasonable excuse. Maximum penalty for subsection (4)—50 penalty units. Division 3 Other obligations of occupiers of dangerous goods locations 51 Other obligations of occupier of dangerous goods locations (1) The occupier of a dangerous goods location has the obligations under this division. (2) These obligations are in addition to any other obligation imposed on the occupier of a dangerous goods location under this Act. 52 Emergency plans and procedures for large dangerous goods locations For section 23(2)(a), emergency plans and procedures for a large dangerous goods location must be established and documented— (a) for a location that is operational at the commencement of this section or starts operations within 12 months after the commencement of this section—within 12 months after the commencement; or (b) for a location that starts operations more than 12 months after the commencement of this section—before the location starts operations.
s 53 36 s 53 Dangerous Goods Safety Management Act 2001 53 Safety management system for dangerous goods location (1) For section 23(1)(e), the safety management system for a dangerous goods location must be a documented system for managing the safety of dangerous goods and combustible liquids at the location and must contain details of— (a) the system’s safety objectives; and (b) the systems and procedures by which the objectives are to be achieved; and (c) the performance criteria that are to be met; and (d) the way in which adherence to the criteria is to be maintained; and (e) other matters prescribed under a regulation. (2) The safety management system must be developed and implemented— (a) for a dangerous goods location that is operational at the commencement of this section or starts operations within 12 months after the commencement—within 15 months after the commencement; or (b) for a dangerous goods location that starts operations more than 12 months after the commencement of this section—before the dangerous goods location starts operations. (3) Without limiting subsection (1), but subject to subsection (2), the occupier of a dangerous goods location must not operate the location unless there is a safety management system for the location.
s 54 37 s 56 Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives Division 1 Authorised officers 54 Appointment (1) The chief executive may appoint as authorised officers— (a) public service officers or employees; or (b) fire officers; or (c) employees of a local government; or (d) other persons prescribed under a regulation. (2) If the administration and enforcement of a regulation is devolved to a local government, the local government’s chief executive officer may appoint an employee of the local government to be an authorised officer in relation to the administration and enforcement of the devolved regulation. 55 Qualifications for appointment The administering executive may appoint a person as an authorised officer only if— (a) the administering executive considers the person has the necessary expertise or experience to be an authorised officer; or (b) the person has satisfactorily finished training approved by the chief executive. 56 Appointment conditions (1) An authorised officer holds office on the conditions stated in the instrument of appointment. (2) An authorised officer ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; and
s 57 38 s 58 Dangerous Goods Safety Management Act 2001 (b) if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions. (3) An authorised officer may resign by notice of resignation given to the administering executive. (4) However, an authorised officer may not resign from the office of authorised officer (the secondary office ) if a term of the authorised officer’s employment in the main office requires the authorised officer to hold the secondary office. 57 Powers (1) An authorised officer has the powers given under this Act. (2) An authorised officer appointed under section 54(2) may exercise powers only for the administration and enforcement of the regulation the subject of a devolution to the local government. (3) An authorised officer is subject to the directions of the administering executive in exercising the powers. (4) An authorised officer’s powers may be limited— (a) under a condition of appointment; or (b) by notice given by the administering executive to the authorised officer; or (c) for an authorised officer appointed by the chief executive officer of a local government and without limiting paragraph (a) or (b), by a regulation. 58 Functions of authorised officers An authorised officer has the following functions relating to major hazard facilities, dangerous goods locations and the storage or handling of dangerous goods or combustible liquids— (a) to enforce this Act; (b) to monitor safety; (c) to inspect and audit places to assess whether risk is at an acceptable level;
s 59 39 s 61 Dangerous Goods Safety Management Act 2001 (d) to inspect and audit systems and procedures to assess whether risk is at an acceptable level; (e) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes may be achieved; (f) to provide the advice and help that may be required from time to time during hazardous materials emergencies; (g) to investigate major accidents or near misses; (h) to investigate complaints. 59 Identity cards (1) The administering executive must give each authorised officer an identity card. (2) The identity card must— (a) contain a copy of the signature, and a recent photograph, of the authorised officer; and (b) identify the person as an authorised officer under this Act; and (c) include an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. 60 Failure to return identity card A person who ceases to be an authorised officer must return the person’s identity card to the administering executive as soon as practicable (but within 21 days) after ceasing to be an authorised officer, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 61 Production or display of identity card (1) An authorised officer may exercise a power in relation to another person only if the authorised officer— (a) first produces the authorised officer’s identity card for the other person’s inspection; or
s 62 40 s 62 Dangerous Goods Safety Management Act 2001 (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity. Division 2 Powers of authorised officers Subdivision 1 Entry of places 62 Power to enter places (1) An authorised officer may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant; or (d) it is a major hazard facility, a dangerous goods location, or a workplace under the control of a person who has an obligation under this Act and is— (i) open for carrying on business; or (ii) otherwise open for entry; or (e) the authorised officer reasonably believes a dangerous situation exists at the place and it is urgent that the authorised officer enter it to take action to prevent, remove or minimise the danger; or (f) the entry is urgently required to investigate the circumstances of a major accident or near miss at the place. (2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or
s 63 41 s 63 Dangerous Goods Safety Management Act 2001 (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) For subsection (1)(d), a workplace does not include a part of the place where a person resides. (4) An authorised officer who enters a major hazard facility, dangerous goods location or workplace— (a) must comply with the written safety procedures for the facility, location or workplace; and (b) must not unnecessarily impede business being conducted at the facility, location or workplace. Subdivision 2 Procedure for entry 63 Entry with consent (1) This section applies if an authorised officer intends to ask the occupier of a place to consent to the authorised officer or another authorised officer entering the place. (2) Before asking for the consent, the authorised officer must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given.
s 64 42 s 65 Dangerous Goods Safety Management Act 2001 (5) If the occupier signs an acknowledgment, the authorised officer must immediately give a copy to the occupier. (6) A court must find the occupier did not consent to an authorised officer entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and (b) an acknowledgment is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 64 Application for warrant (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 65 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or may be at the place, within the next 7 days. (2) The warrant must state— (a) that a stated authorised officer may, with necessary and reasonable help and force—
s 66 43 s 66 Dangerous Goods Safety Management Act 2001 (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised officer’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 66 Special warrants (1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised officer’s remote location. (2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (3) The authorised officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the authorised officer— (a) the magistrate must tell the authorised officer— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it—
s 67 44 s 67 Dangerous Goods Safety Management Act 2001 (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. (6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant. 67 Warrants—procedure before entry (1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is the occupier of the place by producing a copy of the authorised officer’s identity card or other document evidencing the appointment;
s 68 45 s 68 Dangerous Goods Safety Management Act 2001 (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 66(6), a copy of the facsimile warrant or warrant form; (c) tell the person the authorised officer is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 General powers 68 General powers after entering places (1) This section applies to an authorised officer who enters a place. (2) However, if an authorised officer enters a place to get the occupier’s consent to enter a place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised. (3) For monitoring and enforcing compliance with this Act, the authorised officer may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or (d) copy a document at the place; or (e) take into or onto the place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this part; or
s 69 46 s 70 Dangerous Goods Safety Management Act 2001 (f) require a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e); or (g) require a person at the place, to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with. (4) When making a requirement mentioned in subsection (3)(f) or (g), the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 69 Failure to help authorised officer (1) A person required to give reasonable help under section 68(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a requirement under section 68(3)(f) relates to a document, it is a reasonable excuse for the person not to comply with the requirement that complying with the requirement might tend to incriminate the person. 70 Failure to answer questions (1) A person of whom a requirement is made under section 68(3)(g) must, unless the person has a reasonable excuse, comply with the requirement. 2 Maximum penalty—100 penalty units. (2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person. 2 Also, a person must not state anything the person knows to be false or misleading in a material particular—see section 110 (False or misleading statements).
s 71 47 s 72 Dangerous Goods Safety Management Act 2001 Subdivision 4 Power to seize evidence 71 Seizing evidence at major hazard facility, dangerous goods location or other place An authorised officer who enters a place under this part without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised officer reasonably believes the thing is evidence of an offence against this Act. 72 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an authorised officer is authorised to enter a place under this part only with the consent of the occupier or a warrant; and (b) the authorised officer enters the place after obtaining the necessary consent or warrant. (2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if— (a) the authorised officer reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued. (4) The authorised officer also may seize anything else at the place if the authorised officer reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.
s 165 89 Dangerous Goods Safety Management Act 2001 s 167 (8) A report admitted under subsection (6) is evidence of any fact or opinion of which the expert could have given oral evidence. 165 Analyst’s report The production by the prosecutor or the defendant in a prosecution of a signed analyst’s report stating any of the following is evidence of them— (a) the analyst’s qualifications; (b) the analyst took, or received from a stated person, the sample mentioned in the report; (c) the analyst analysed the sample on a stated day, or during a stated period, and at a stated place; (d) the results of the analysis. Division 2 Proceedings 166 Indictable and summary offences (1) An offence against this Act for which the maximum penalty of imprisonment is 2 years or more is an indictable offence. (2) Any other offence against this Act is a summary offence. 167 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— (a) by way of summary proceedings under the Justices Act1886 ; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or
s 168 90 Dangerous Goods Safety Management Act 2001 s 168 (b) the magistrate considers that the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104(2)(b). (4) The maximum penalty that may be summarily imposed for an indictable offence is 165 penalty units or 1 year’s imprisonment. (5) More than 1 contravention of a safety obligation under section 18 may be charged as a single charge if the acts or omissions giving rise to the claimed contravention happened within the same period and in relation to the same place. 168 Limitation on who may summarily hear indictable offence proceedings (1) A proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners forDeclarations Act 1991 .
s 169 91 Dangerous Goods Safety Management Act 2001 s 172 169 Limitation on time for starting summary proceedings A proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 3 years after the commission of the offence. 170 Forfeiture on conviction (1) On conviction of a person for an offence against this Act, a court may order the forfeiture to the State of— (a) anything used to commit the offence; or (b) anything else the subject of the offence. (2) The court may make the order— (a) whether or not the thing has been seized; and (b) if the thing has been seized, whether or not the thing has been returned to its owner. (3) The court may make any order to enforce the forfeiture it considers appropriate. (4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law. 171 Dealing with forfeited things (1) On the forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate. (2) Without limiting subsection (1), the chief executive may destroy the thing. 172 Responsibility for acts or omissions of representatives (1) Subsections (2) and (3) apply in a proceeding for an offence against this Act.
s 173 92 Dangerous Goods Safety Management Act 2001 s 173 (2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission. (4) In this section— representative means— (a) of a corporation—an executive officer, employee or agent of the corporation; or (b) of an individual—an employee or agent of the individual. state of mind of a person includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. 173 Executive officers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure that the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure that the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual.
s 174 93 Dangerous Goods Safety Management Act 2001 s 175 (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence. 174 Costs of investigation (1) If a court convicts a person of an offence against this Act, the court may order the person to pay the department’s, another department’s or a local government’s reasonable costs of investigating the offence, including reasonable costs of preparing for the prosecution of the offence. (2) An order under subsection (1) is taken to be a judgment in the court’s civil jurisdiction, irrespective of the amount. (3) An issue arising about whether the costs have been incurred and their amount is to be decided on the balance of probabilities. (4) This section does not limit the orders for costs the court may make. 175 Fines payable to local government (1) This section applies if— (a) the administration and enforcement of a matter has been devolved to a local government; and (b) a proceeding for an offence about the matter is taken; and (c) a court imposes a fine for the offence. (2) The fine must be paid to the local government.
s 176 94 Dangerous Goods Safety Management Act 2001 s 177 (3) If a person other than the local government prosecutes the offence, subsection (2) does not apply to any part of the fine the court orders be paid to the person. Part 11 Miscellaneous 176 Service of documents (1) If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to— (a) the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or (b) the facsimile transmission number operated— (i) at the address of the person last known to the giver of the document; or (ii) if the person is a corporation, at the corporation’s registered office under the Corporations Act. (2) A document given under subsection (1) is taken to have been given on the day the copy is transmitted. (3) This section does not limit any other means of giving documents authorised or permitted by law including, for example, under the Acts Interpretation Act 1954 , part 10. 177 Person not to encourage refusal to answer questions (1) A person must not encourage or influence, by general direction, promise of advantage, threat of dismissal or otherwise, another person to refuse to answer questions put to the other person by an authorised officer or a hazmat adviser. Maximum penalty—100 penalty units. (2) To remove doubt, it is declared that subsection (1) does not apply to the provision of legal advice to an employee by a lawyer.
s 178 95 Dangerous Goods Safety Management Act 2001 s 180 (3) In this section— encourage includes attempt to encourage. influence includes attempt to influence. 178 Person not to knowingly make false or misleading entry A person must not make an entry in a document required or permitted to be made or kept under this Act knowing the entry to be false or misleading in a material particular. Maximum penalty—100 penalty units. 179 Impersonating authorised officer or hazmat adviser A person must not pretend to be an authorised officer or a hazmat adviser. Maximum penalty—40 penalty units. 180 Relationship with Integrated Planning Act 1997 (1) The chief executive may designate an area surrounding a major hazard facility as a MHF consultation zone if the chief executive believes the level of risk to persons, property or the environment should be a significant factor in assessing development applications for material changes of use under the Integrated Planning Act 1997 . (2) The chief executive must give a notice of each MHF consultation zone to the local government in whose area the zone is, whether wholly or in part. (3) The notice must include a map of the MHF consultation zone. (4) If the chief executive decides the reasons for designating an area as an MHF consultation zone no longer apply to the MHF consultation zone, the chief executive may give the local government a notice stating the area is no longer an MHF consultation zone. (5) If a local government receives a notice mentioned in subsection (2), it must note the MHF consultation zone on— (a) its planning scheme; and
s 181 96 Dangerous Goods Safety Management Act 2001 s 182 (b) any new planning scheme it makes before any notice mentioned in subsection (4) is given. (6) If a local government receives a notice mentioned in subsection (4), it must remove the note about the MHF consultation zone from the planning scheme. (7) The chief executive must publish copies of each notice under subsections (2) and (4) in the gazette. (8) If a word used in this section is defined in the IntegratedPlanning Act 1997 , the word used has the same meaning as in that Act. 181 Delegations by chief executive (1) The chief executive may delegate the chief executive’s powers under this Act to— (a) an appropriately qualified officer of the department; or (b) the chief executive of another department; or (c) the chief commissioner of the Queensland Fire and Rescue Authority; or (d) a local government. (2) A delegation of a power by the chief executive to a person mentioned in subsection (1)(b), (c) or (d) may permit the subdelegation of the power to an appropriately qualified officer of the other department, fire officer or officer of a local government. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing — a person’s classification level in the public service 182 Devolution of powers (1) The Governor in Council may, by regulation (the devolving regulation ), devolve to a local government the administration
s 183 97 Dangerous Goods Safety Management Act 2001 s 183 and enforcement of a regulation (a stated matter ) about flammable and combustible liquids. (2) On the commencement of the devolving regulation, the administration and enforcement of the stated matter is a function of local government to be performed by the local government for its area. (3) To remove doubt, it is declared that the local government may— (a) make a resolution or local law that is not inconsistent with this Act about the fees payable to it for the stated matter; and (b) make a local law that is not inconsistent with this Act about any matter for which it is necessary or convenient to make provision for carrying out or giving effect to the stated matter. (4) Despite subsection (3)(a), a local government may make a resolution or local law prescribing a lower, but not a higher, fee for something for which a fee is prescribed under a regulation. (5) If the chief executive is satisfied the local government has failed to do anything in the administration or enforcement of the stated matter— (a) the chief executive may do the thing; and (b) the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. (6) If a regulation is devolved to a local government the regulation may refer to the local government and officers of the local government. 183 Delegations relating to devolved matters (1) For a regulation devolved to a local government under section 182, the local government’s chief executive officer may delegate that officer’s or the chief executive officer’s powers under the regulation to—
s 184 98 Dangerous Goods Safety Management Act 2001 s 185 (a) an appropriately qualified officer of the local government; or (b) an appropriately qualified public service officer. (2) A delegation of a power by the chief executive officer of a local government to a person may permit the subdelegation of the power to an appropriately qualified officer of the local government. (3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. Example of standing — a person’s classification level in a local government or the public service 184 Representation by employee or contractor (1) An employee or other person at a major hazard facility or dangerous goods location may make, either personally or by a representative, a representation to an authorised officer about an alleged contravention of this Act at the facility or location. (2) The authorised officer must investigate the matter. (3) The name of the person making a representation must not be disclosed except for a prosecution under subsection (4). (4) A person must not make a false or frivolous representation under subsection (1). Maximum penalty for subsection (4)—40 penalty units. 185 Protecting officials from liability (1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to— (a) if the official is the chief executive officer of a local government, an authorised officer appointed by the chief executive officer of a local government or acting under the direction of an authorised officer appointed by the
s 186 99 Dangerous Goods Safety Management Act 2001 s 187 chief executive officer of a local government—the local government; or (b) if paragraph (a) does not apply—the State. (3) In this section— official means— (a) the Minister; or (b) the administering executive; or (c) an authorised officer; or (d) a hazmat adviser; or (e) a person acting under the direction of an authorised officer. 186 Forms (1) The chief executive may approve forms for use under this Act. (2) The chief executive officer of a local government to which the administration and enforcement of a regulation is devolved under section 182 may approve forms for use under the regulation. 187 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may— (a) prescribe ways to prevent or minimise exposure to risk relating to the storage or handling of dangerous goods or combustible liquids at any place; and (b) prescribe additional requirements to prevent or minimise exposure to risk relating to the operation of major hazard facilities; and (c) provide for the giving of advice about hazardous materials emergencies; and
s 188 100 Dangerous Goods Safety Management Act 2001 s 188 (d) provide for the imposition and operation of a licensing system for places where flammable or combustible liquids are stored or handled; and (e) provide for a code for IDAS, within the meaning of the Integrated Planning Act 1997 , for matters under this Act relating to major hazard facilities, possible major hazard facilities, dangerous goods locations or MHF consultation zones; and (f) set fees payable under this Act; and (g) deal with matters of an administrative nature. (3) A regulation may impose a penalty of— (a) not more than 200 penalty units for a contravention of a provision of a regulation imposing a requirement for the operation of major hazard facilities; and (b) not more than 100 penalty units for a contravention of a provision of a regulation imposing a requirement for the storage or handling of dangerous goods or combustible liquids at dangerous goods locations; and (c) not more than 20 penalty units for a contravention of another provision of a regulation. Part 12 Repeal 188 Repeal The Building (Flammable and Combustible Liquids) Regulation 1994 (1994 SL No. 103) is repealed.
s 189 101 Dangerous Goods Safety Management Act 2001 s 189 Part 13 Transitional provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 189 Proceedings started before commencement of this section (1) This section applies if, before the commencement, the State or a local government started court proceedings to recover an amount of costs under section 107 of the pre-amended Act. (2) The State or local government may continue to recover the amount under that section and for that purpose the pre-amended Act continues to apply. (3) In this section— pre-amended Act means this Act as in force immediately before the commencement of this section.
102 Dangerous Goods Safety Management Act 2001 Schedule 2 Dictionary section 8 acceptable level of risk see section 17. ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail approved by the Australian Transport Council, as in force from time to time. administering executive means— (a) for a matter, the administration and enforcement of which has been devolved to a local government under section 182—the local government’s chief executive officer; or (b) otherwise—the chief executive. approved form means a form approved by the administering executive under section 186. AS 1940 means Australian Standard AS 1940 The Storage and Handling of Flammable and Combustible Liquids made by Standards Australia, as in force from time to time. authorised officer means a person appointed as an authorised officer under this Act. bodily harm see Criminal Code, section 1. 4 chemical has the meaning given in the EnvironmentalProtection Regulation 1998, schedule 9. claimant , for part 6, division 4, see section 107A(1). Coal Act means— (a) until the CoalMiningSafetyandHealthAct1999 , section 9 commences—the Coal Mining Act 1925 ; or 4 Criminal Code, section 1— bodily harm means any bodily injury which interferes with health or comfort.
103 Dangerous Goods Safety Management Act 2001 Schedule 2 (continued) (b) after the CoalMiningSafetyandHealthAct1999 , section 9 commences—the CoalMiningSafetyandHealth Act 1999 . combustible liquid means a combustible liquid under the flammable and combustible liquids standard. conviction includes a plea of guilty, or a finding of guilt by a court, even though a conviction is not recorded. cost recovery notice see section 107A(1). costs , for part 6, division 4, see section 107(6). dangerous goods see section 9. dangerous goods location see section 48. dangerous situation , at a place, means, although there is not a hazardous materials emergency at the place— (a) it is likely that there will be a hazardous materials emergency at the place if appropriate action is not taken; and (b) it is reasonable to conclude, at the least, that taking the action should not be indefinitely delayed. document certification requirement see section 83(5). document production requirement see section 83(7). emergency services means the Queensland Ambulance Service under the AmbulanceServiceAct1991 , the Queensland Fire and Rescue Service under the FireandRescue Service Act 1990 and the department. environment see section 10. executive officer , of a corporation, means a person who— (a) is a member of the governing body of the corporation; or (b) is concerned with, or takes part in, the corporations management, whatever the person’s position is called and whether or not the person is a director of the corporation.
104 Dangerous Goods Safety Management Act 2001 Schedule 2 (continued) facility means a place where hazardous materials are, or are to be, stored or handled. fire officer means a fire officer under the FireandRescueAuthority Act 1990 . flammable and combustible liquids standard means— (a) if a standard is prescribed under a regulation as a flammable and combustible liquids standard—that standard; or (b) otherwise—AS 1940. flammable liquid means a flammable liquid under the flammable and combustible liquids standard. grievous bodily harm see Criminal Code, section 1. 5 handling includes— (a) conveying, manufacturing, processing, using, treating, dispensing, packing, selling, transferring, rendering harmless, destroying and disposing; and (b) for a pipeline, conveying within the pipeline. hazard see section 11. hazardous material see section 12. hazardous materials emergency , at a place, means a situation involving hazardous materials or suspected hazardous materials at the place that includes a loss of control, or an imminent risk of loss of control, of the materials or a loss of control of anything that may impact on the materials if the loss of control causes, or the loss of control or imminent risk 5 Criminal Code, section 1— grievous bodily harm means— (a) the loss of a distinct part or an organ of the body; or (b) serious disfigurement; or (c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health; whether or not treatment is or could have been available.
105 Dangerous Goods Safety Management Act 2001 Schedule 2 (continued) of loss of control has the potential to cause, material harm to persons, property or the environment. hazmat adviser means a person appointed as a hazardous materials emergency adviser under this Act. large dangerous goods location see section 48. major accident see section 13. major hazard facility see section 31(1). material harm is harm that— (a) causes or has the potential to cause harm to a person that requires or may require treatment by a doctor; or (b) results in costs of more than $1000 being incurred to prevent, minimise or repair harm to property or the environment. Mines Act means— (a) until the Mining and Quarrying Safety and Health Act1999 , section 9 commences—the Mines Regulation Act1964 ; or (b) after the Mining and Quarrying Safety and Health Act1999 , section 9 commences—the Mining and QuarryingSafety and Health Act 1999 . modification , of a major hazard facility or dangerous goods location, includes— (a) a change to plant, processes or quantities of hazardous materials at the facility or location; or (b) the introduction of different hazardous materials or new plant, processes, or operating procedures at the facility or location; or (c) organisational change at the facility or location; or (d) a change to the safety management system at the facility or location. multiple deaths means the deaths of 2 or more persons.
106 Dangerous Goods Safety Management Act 2001 Schedule 2 (continued) natural disaster does not include an event that can be prevented by human action. near miss means any sudden event that, apart from mitigating effects, actions or systems, could have escalated to a major accident. notice means signed written notice. notify means give a notice. obstruct includes hinder and attempt to obstruct or hinder. occupier see section 14. parent corporation , of another corporation, means a corporation of which the other corporation is a subsidiary under the Corporations Act. personal details requirement see section 81(5). place includes premises and vacant land and, for part 7, includes a vehicle, boat or ship. possible major hazard facility see section 31(2). premises includes— (a) a building or other structure; and (b) a part of a building or other structure; and (c) land where a building or other structure is situated. prescribed person , for part 6, division 4, see section 107(4). recognised standard means a recognised standard made by the Minister under section 29. risk see section 15. safety management system — (a) for a major hazard facility, means a safety management system that complies with section 45; or (b) for a dangerous goods location, means a safety management system that complies with section 53. safety obligations see section 16. safety report see section 47.
107 Dangerous Goods Safety Management Act 2001 Schedule 2 (continued) serious danger is danger that has the potential to cause serious harm. serious harm is harm that— (a) causes the death of a person; or (b) impairs a person to such an extent that because of the harm the person becomes an overnight or longer stay patient in a hospital; or (c) results in costs of more than $50000 being incurred to prevent, minimise or repair harm to property or the environment. Standards Australia means Standards Australia International Ltd ACN 087 326 690. storage or handling system means any of the following used in connection with the storage or handling of dangerous goods or combustible liquids— (a) a container; (b) spill containment system; (c) pipework; (d) firefighting or fire protection system; (e) any other plant. systematic risk assessment , means a systematic risk assessment under section 41. witness requirement notice see section 139(1). workplace means a workplace under the WorkplaceHealthand Safety Act 1995, section 9.
108 Dangerous Goods Safety Management Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .112 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 December 2009. Future amendments of the Dangerous Goods Safety Management Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
109 Dangerous Goods Safety Management Act 2001 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to 2001 Act No. 45 Effective 7 May 2002 Reprint date 7 May 2002 Reprint No. 1A 1B 1C 2 2A 2B 2C Amendments included 2003 Act No. 19 2003 Act No. 29 2004 Act No. 25 — 2008 Act No. 52 2008 Act No. 67 2009 Act No. 3 2009 Act No. 24 Effective 9 May 2003 1 July 2003 31 December 2004 31 December 2004 1 January 2009 23 February 2009 1 December 2009 Notes R1C withdrawn, see R2 5 List of legislation Dangerous Goods Safety Management Act 2001 No. 28 date of assent 25 May 2001 ss 1–2 commenced on date of assent ss 29–30, 54–61, 113–125, 181, 185–186(1), sch 2 commenced 7 November 2001 (2001 SL No. 191) remaining provisions commenced 7 May 2002 (2002 SL No. 86) amending legislation— Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Statute Law (Miscellaneous Provisions) Act 2003 No. 19 ss 1, 3 sch date of assent 9 May 2003 commenced on date of assent
110 Dangerous Goods Safety Management Act 2001 Gas Supply Act 2003 No. 29 ss 1–2, ch 8 pt 1 date of assent 23 May 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2003 SL No. 121) Petroleum and Gas (Production and Safety) Act 2004 No. 25 ss 1, 2(2), ch 16 pt 4 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 2004 (2004 SL No. 308) Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 No. 52 pts 1, 3 date of assent 23 October 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2009 (2008 SL No. 388) Transport and Other Legislation Amendment Act 2008 No. 67 ss 1, 2(3)(f), pt 12 div 3 date of assent 1 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2009 (2008 SL No. 424) Greenhouse Gas Storage Act 2009 No. 3 s 1, ch 9 pt 3 date of assent 23 February 2009 commenced on date of assent Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) AmendmentAct 2009 No. 24 ss 1–2, ch 9 pt 14 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Sustainable Planning Act 2009 No. 36 ss 1–2, 872 sch 2 date of assent 22 September 2009 ss 1–2 commenced on date of assent remaining provisions commence 18 December 2009 (2009 SL No. 281) 6 List of annotations Application of Act s 3 amd 2003 No. 29 s 342; 2004 No. 25 s 889; 2009 No. 3 s 443 Meaning of “major hazard facility” and “possible major hazard facility” s 31 amd 2009 No. 24 s 1409 Chief executive may classify facility as major hazard facility s 32 amd 2009 No. 24 s 1410 Obligation to notify chief executive of certain upgrades of facilities s 37 amd 2009 No. 24 s 1411 Recovery of costs of government action s 107 amd 2008 No. 52 s 72
111 Dangerous Goods Safety Management Act 2001 Cost recovery notice s 107A ins 2008 No. 52 s 73 Cost recovery notice issued to several persons s 107B ins 2008 No. 52 s 73 Notice of major accident s 126 amd 2004 No. 25 s 890 PART 9—REVIEWS AND APPEALS pt hdg sub 2009 No. 24 s 1412 Division 1—Review of decision to classify facility as a major hazard facility div hdg sub 2009 No. 24 s 1413 Review of chief executive decision s 148 sub 2009 No. 24 s 1413 Court to which appeal may be made s 149 om 2009 No. 24 s 1413 Starting appeal s 150 om 2009 No. 24 s 1413 Stay of operation of decisions s 151 om 2009 No. 24 s 1413 Hearing procedures s 152 om 2009 No. 24 s 1413 Powers of court on appeal s 153 om 2009 No. 24 s 1413 Appeals to District Court s 154 om 2009 No. 24 s 1413 Division 1A—Appeals against decision to issue cost recovery notice div hdg ins 2008 No. 52 s 74 Who may appeal s 154A ins 2008 No. 52 s 74 Court to which appeal may be made s 154B ins 2008 No. 52 s 74 Starting appeal s 154C ins 2008 No. 52 s 74 sub 2009 No. 24 s 1414 Stay of operation of decisions s 154D ins 2009 No. 24 s 1414 Hearing procedures s 154E ins 2009 No. 24 s 1414 Powers of court on appeal s 154F ins 2009 No. 24 s 1414
112 Dangerous Goods Safety Management Act 2001 Appeals to District Court s 154G ins 2009 No. 24 s 1414 Application of ss 154C–154G to an appeal under this division s 154H ins 2009 No. 24 s 1414 Service of documents s 176 amd 2001 No. 45 s 29 sch 3 PART 13—TRANSITIONAL PROVISION FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT (No. 2) 2008 pt hdg prev pt hdg om R1 (see RA s 7(1)(k)) pres pt hdg ins 2008 No. 52 s 75 Proceedings started before commencement of this section s 189 prev s 189 om R1 (see RA s 40) pres s 189 ins 2008 No. 52 s 75 SCHEDULE 1—AMENDMENTS OF ACTS AND REGULATIONS om R1 (see RA s 40) SCHEDULE 2—DICTIONARY def “ADG Code” amd 2008 No. 67 s 307 def “claimant” ins 2008 No. 52 s 76 def “cost recovery notice” ins 2008 No. 52 s 76 def “costs” ins 2008 No. 52 s 76 def “emergency services” amd 2003 No. 19 s 3 sch def “natural disaster” ins 2008 No. 52 s 76 def “parent corporation” ins 2008 No. 52 s 76 def “prescribed person” ins 2008 No. 52 s 76 7 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form 1 Version 3—Notification of a Large Dangerous Goods Location (LP Gas, Flammable Liquids and/or Combustible Liquids only) pubd gaz 26 March 2004 p 1141 Form 2 Version 3—Notification of a Large Dangerous Goods Location (all classes and types of stated dangerous goods and combustible liquids) pubd gaz 26 March 2004 p 1146 Form 3 Version 3—Notification of Possible Major Hazard Facility pubd gaz 14 October 2005 pp 592–7
113 Dangerous Goods Safety Management Act 2001 Form 11 Version 1—Dangerous Goods Safety Management Infringement Notice pubd gaz 3 May 2002 p 81 Form 12 Version 1—Further notification of Large Dangerous Goods Location pubd gaz 26 March 2004 p 1158 © State of Queensland 2009
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