Dangerous Goods (Transport) (Consequential Provisions) Act 1998 (WA)
| Western Australia |
Dangerous Goods (Transport)
(Consequential Provisions) Act 1998
No. 51 of 1998
An Act to amend the Explosives and Dangerous Goods Act 1961 as a
consequence of the enactment of the Dangerous Goods (Transport)
Act 1998.
[Assented to 1 December 1998]
The Parliament of Western Australia enacts as follows:
1. Short title
| This Act may be cited as the Dangerous Goods (Transport) (Consequential Provisions) Act 1998. |
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
s. 2
2. Commencement
| This Act comes into operation on the day on which the Dangerous Goods (Transport) Act 1998 comes into operation. |
3. Principal Act
| In this Act the Explosives and Dangerous Goods Act 1961* is referred to as the principal Act. [* Reprinted as at 21 November 1996. |
For subsequent amendments see Act No.57 of 1997.]
4. Section 5 repealed
Section 5 of the principal Act is repealed.
5. Section 6 amended
| (1) | After section 6 (1) of the principal Act the following subsection is inserted — |
“
| (1a) | Notwithstanding subsection (1), if a provision of this Act — |
| (a) | that relates to the storage and handling of explosives or dangerous goods; and |
| (b) | that does not relate to the transport of explosives or dangerous goods, |
is inconsistent with a provision of the Dangerous prevails.
”.
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
s. 6
| (2) | Section 6 (2) of the principal Act is amended by inserting after “subsection (1)” the following — |
| “ and (1a) ”. |
6. Section 7 amended
| (1) | Section 7 (1) of the principal Act is amended in the definition of “blasting agent” by deleting “classified as an explosive” in the 2 places where it occurs and in each case substituting the following — |
| “ an authorized explosive ”. | |
| (2) | Section 7 (1) of the principal Act is amended by deleting the definition of “dangerous goods” and substituting the following definition — |
| “ |
“dangerous goods” means a substance or article that is
prescribed to be dangerous goods;
”.
| (3) | Section 7 (1) of the principal Act is amended by deleting the definition of “explosive” and substituting the following definition — |
| “ |
“explosive” means a substance or article that is
prescribed to be an explosive;
”.
| (4) | Section 7 (1) of the principal Act is amended by deleting the definition of “flash point”. |
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
s. 7
7. Heading to Part III, Division 1, deleted and a heading substituted
The heading to Division 1 of Part III of the principal Act is deleted and the following heading is substituted —
“
Division 1 — Authorized explosives
”.
8. Section 13 repealed
Section 13 of the principal Act is repealed.
9. Section 14 amended
| (1) | Section 14 (1) of the principal Act is repealed and the following subsection is substituted — |
“
| (1) | The Minister may from time to time by order declare any specified explosive to be an authorized explosive for the purposes of this Act. |
”.
| (2) | Section 14 (2) of the principal Act is amended — |
| (a) | by deleting “classify or”; and |
| (b) |
by deleting “classifying” and substituting the “ declaring ”.
10. Part III, Division 7 repealed
Division 7 of Part III of the principal Act is repealed.
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
s. 11
11. Part IV, Division 1, repealed
Division 1 of Part IV of the principal Act is repealed.
12. Section 44 amended
Section 44 of the principal Act is amended —
| (a) | in subsection (1) by deleting “carriage or”; |
| (b) | in subsection (2) by deleting “carry, ”; and |
| (c) | in subsection (3) by deleting “carry, ”. |
13. Heading to Part IV, Division 2A, repealed and a heading substituted
The heading to Division 2A of Part IV of the principal Act is repealed and the following heading is substituted —
“
Division 2A — Pipelines carrying dangerous goods
”.
14. Sections 46A to 46C repealed
Sections 46A to 46C of the principal Act are repealed.
15. Section 48 amended
Section 48 (1) of the principal Act is amended —
| (a) | by deleting “or of any vehicle, vessel or aircraft used for the carriage or storage of explosives or dangerous goods, ”; and |
| (b) | by deleting “, carriage” in the 2 places where it occurs. |
16. Section 49 repealed
Section 49 of the principal Act is repealed.
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17. Section 52 amended
| Section 52 (1) of the principal Act is amended by deleting “stipendiary magistrate sitting in a court of petty sessions” and substituting the following — |
“ Local Court ”.
18. Section 54 amended
Section 54 of the principal Act is amended —
| (a) | by deleting “or vehicle, vessel or aircraft”; and |
| (b) | in paragraph (c) by deleting “, vehicle, vessel or aircraft”. |
19. Section 55 amended
Section 55 (2) of the principal Act is repealed.
20. Section 62 amended
Section 62 (2) of the principal Act is amended —
| (a) | by deleting paragraph (g); |
| (b) | in paragraph (ha) by deleting “, conveyance”; |
| (c) | by inserting after paragraph (i) the following paragraph — |
“
| (ia) | providing for the classification of dangerous goods and explosives; |
”;
| (d) | in paragraph (o) by deleting “, or in vehicles, vessels or aircraft used for the carriage of explosives and dangerous goods, ”; |
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
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| (e) | by deleting the semi colon after paragraph (t) and substituting a full stop; and |
| (f) | by deleting paragraph (u). |
21. Section 63 amended
Section 63 of the principal Act is amended —
| (a) | in paragraph (c) by deleting “or conveyance” and “or conveying”; |
| (b) |
in paragraph (d) by deleting “, storage or carriage” and “ or storage ”;
| (c) |
in paragraph (e) by deleting “, sale and conveyance” and “ or sale ”;
| (d) | by deleting the semi colon after paragraph (eb) and substituting a full stop; and |
| (e) | by deleting paragraph (f). |
22. First Schedule repealed
The First Schedule to the principal Act is repealed.
23. Second Schedule repealed
The Second Schedule to the principal Act is repealed.
24. Third Schedule repealed
The Third Schedule to the principal Act is repealed.
Dangerous Goods (Transport) (Consequential Provisions) Act 1998
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