Dangerous Goods Safety (Security Risk Substances) Amendment Regulations (No. 2) 2012 (WA)

1 G M^irch 2 012 GOVERNMENT GAZETTE. WA 1 29

(b) may set for all or some of the licences one date

in each year as the date on which any fee
payable each year for each licence is due (the

drre d t/e ) -

(4) 1f irides subre gulation (3)(a) the Chief Officer decides

to reduce the duration of a licence —

(a)	he or she must cancel the licence and issue a replacement in identical terms that specifies the
date on which the licence will expire; and
(b)	the reduction takes effect on the day on which the replacement licence is issued.

(5) If under subre^gulation (3)(b) the Chief Officer decides to set a due date. he or she must give the holder or the licences written notice of

(a)	the due date; and
(b)	each licence to which the due date applies; and
(c)	each fee to which • the due date applies.

By Command of the Governor.

G. MOORE. Clerk of the Executive Council.

1%1P302*

Dangerous Goods Safety Act 2004

Dangerous Goods Safety (Security Risk

Substances) Amendment Regulations

(No. 2) 2012

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Dangerous Goods Safety (security
Risk Substances) Amendment Regulations (No. 2) 2012.

2.             Commencement

These regulations come into operation as follows

(a)	regulations I and 2 — on the day on which these regulations are published in the Gaze tte;
(b)	the rest of the regulations on 1 April 2012.

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3.              Regulations amended

These regulations amend the Dangerous Goads Safely (Security
Risk Szrb.siances) Regulations 2007.

4.             Regulation 3 amended

(1)	In regulation 3 delete the definition of fee.
(2)	In regulation 3 insert in alphabetical order:

an 11irral fee, for a licence, means the annual fee in

Schedule 1 for the licence;

5.             Regulation 30 amended

Delete regulation 30(1)(c) and insert:

(c) be accompanied by the annual fee payable for

the fist year of the licence; and

6. Regulation 32 amended
In regulation 32(3) before "fee." insert:

annual

7.              Regulation 3-5 amended

Delete regulation 35(1) and insert:

(IA) In this regulation

existing licence means a licence that, immediately

before 1 April 2012. is in effect.

(1B) This regulation is subject to the Dangerous Goody

Sgg f lv (General) Regulations 2007 regulation 15.

(IC) Each existing licence has effect for 5 years

commencing on

(a)	if it has never been renewed. the date on which it was issued; or
(b)	if it has been renewed. the date on which the last renewal took effect,

unless it is cancelled in that period.

(I D) A licence issued on or after 1 April 2012 has effect for

5 years unless it is cancelled in that period.

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8.             Regulation 41 replaced

Delete regulation 41 and insert:

41.           Licences, renewal of

(1) The Chief Officer must renew a licence that is about to expire due to the passage of time (the existinX licence) unless -

(a)	the holder of the existing licence is dead or. being a body corporate or partnership. is dissolved; or
(b)	the holder of the existing licence does not want it renewed; or
(c)	if the existing licence relates to a place specified in it, a licence is not needed for the place; or
(d)	the annual fee pay able for the first year of the new licence has not been paid.

(2) To renew an existing licence the Chief Officer must grant a new licence that has effect immediately after

the existing licence expires and the terms of which are
the same as those of the existing licence.

9.             Re-uhution 42 amended

(1)	In reulation 42(1 )(b)(i) delete "the terms of"
(2)	Delete regulation 42(2) and insert:
(2) Grounds to suspend tn , c incel a licence exist i f

(a) the holder is convicted in this State or

•

elsewhere

o1' a relevant offence; or

(b)	the holder has not paid an annual fee for the licence in accordance with regulation 46A; or
(c)	the holder has not paid a fee in accordance •ith the Dangerous Goods Safely (Major Hazard

Facilities) Regulations 2007 regulation 34.

10.           Regulation 46A inserted

At the beginning of Part 10 Division 4 insert:

46A. Annual fees for licences

(1) In this regulation

grace perirxl means the 3 month period referred to in

subi ,egulaticm (3).

1262 GOVERNMENT GAZETTE. W,\ 1( M-irch 2012

(2) An annual fee is not payable under this regulation in

respect of a licence if the licence relates to a place

specified in it and a fee is payable under the Dangerous

Goods Safety (Major Hazard Facililiesj

Regulations 2007 regulation 34 in respect of the place.

(3) The holder of a licence must pay the annual fee for the
licence before. on or within 3 months after -

(a) if under the Dangerous Goods Sa jely (General)

Regulations 2007 regulation 15 the Chief

Officer- has set a due date for the licence — the due date in each year;

(b) in any other case. each anniversary of-

(i)      if the licence has never been renewed.. the date on which it was (granted; or

(ii)      if the licence has been renewed, the date on which the last renewal took effect.

(4) If an annual fee is paid in the grace period, the holder

must pay.. with the annual fee, a late payment fee equuul
to 10% of the fee.

11.           Schedule I replaced

Delete Schedule I and insert:

Schedule 1 — Annual fees

[r.3]

Item	Annual fee	Fee {S}
1.	:Annual fee for ,i Iicencc (r. 30(1 }(c) and 46i\)

(a)	SRS import/export licence	163
(b)	SRS manufacture licence	306
(c)	SRS storage licence	143
(d)	SRS transport licence	153
(e)	SRS supply licence	133

(t) SRS fertiliser licence 51

By Command of the Governor,

G. MOORE. Clerk of'the Executive Council.