Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 (Vic)

Dangerous Goods (Storage and Handling)

(Amendment) Regulations 1997

S.R. No. 11/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Substitution of regulation 110	1
110. Conditional exemption from provisions of the Regulations	2

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NOTES 5

i

STATUTORY RULES 1997

S.R. No. 11/1997

Dangerous Goods Act 1985

Dangerous Goods (Storage and Handling)

(Amendment) Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 11 February 1997

Responsible Minister:

ROGER M. HALLAM

Minister for Finance

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the
exemption provisions in the Dangerous Goods

(Storage and Handling) Regulations 19891.

2. Authorising provision

These Regulations are made under section 52 of the Dangerous Goods Act 1985.

3. Substitution of regulation 110

For regulation 110 of the Dangerous Goods
(Storage and Handling) Regulations 1989
substitute—

Dangerous Goods (Storage and Handling) (Amendment)
Regulations 1997

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'110. Conditional exemption from provisions of

the Regulations

(1) For the purposes of this regulation—

"major hazard facility" means a premises

that is—

(a)

a major hazard facility according Standard for the Control of Major Hazard Facilities; or

(b)	a premises classified to be a major hazard facility by the Authority in accordance with section 5.6(a) of the National Standard for the
Control of Major Hazard Facilities; and

"National Standard for the Control of

Major Hazard Facilities" means the
National Standard for the Control of
Major Hazard Facilities declared by the
National Occupational Health and
Safety Commission, as amended from

time to time.

(2) The Authority may, subject to any conditions

specified by it—

(a) exempt particular premises, things or activities or a person or class of people, premises, things or activities from any or all of the provisions of these Regulations if the Authority is satisfied—

(i)

that compliance with the relevant the circumstances practicable; and

Dangerous Goods (Storage and Handling) (Amendment)
Regulations 1997

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S.	R. No. 11/1997
(ii) that the safety or health of people or the safety or property will not be adversely affected; or

(b) exempt an occupier or licensee of a major hazard facility from any or all of the provisions of these Regulations in respect of that major hazard facility if the Authority is satisfied that the safety or health of people or the safety of property will not be adversely affected.

(3) In relation to an exemption under sub-

regulation (2)(b) the Authority—

(a) in specifying conditions; and

(b) in satisfying itself that the safety or health of people or the safety of property will not be adversely affected—

must have regard to the provisions of the
National Standard for the Control of Major

Hazard Facilities.

(4) An exemption granted by the Authority

under this regulation must be in writing and

must specify—

(a)	the things and activities for which the exemption has been granted; and
(b)	the person or class of people to whom the exemption has been granted; and
(c)	the premises or class of premises for which the exemption has been granted; and
(d)	the provisions of these Regulations for which the exemption has been granted; and

Dangerous Goods (Storage and Handling) (Amendment)
Regulations 1997

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(e) the conditions (if any) to which the exemption is subject.

(5) A person to whom an exemption has been

issued must comply with each specified condition that applies to the exemption.

Penalty:  In the case of a body corporate—
400 penalty units.
In any other case—100 penalty
units.

(6) For the purposes of this regulation and any

exemption issued under this regulation,
including any conditions associated with the
exemption, a reference in the National
Standard for the Control of Major Hazard

Facilities to—

(a)

"operator" has the same meaning as Regulations; and

(b) "relevant public authority" has the same meaning as "Authority" in these Regulations.'.

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Dangerous Goods (Storage and Handling) (Amendment)

Regulations 1997

S.R. No. 11/1997 Notes

NOTES

1 S.R. No. 323/1989. Reprinted (No. 1) to S.R. No. 35/1993 and

subsequently amended by S.R. Nos 182/1995 and 29/1996.

Table of applied, incorporated or adopted matter

Statutory Rule	Title of applied, adopted or	Matter in applied,
provision	incorporated document	adopted or incorporated document
Regulation 3.	National Standard for the	The whole.
Control of Major Hazard Facilities [NOHSC:1014(1996)]