Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 18(2)]
(1) The classification
of dangerous goods.
(2) Methods for
assigning dangerous goods to a class.
(3) Empowering the
Chief Officer to determine which substances or articles are —
(a)
dangerous goods;
(b)
dangerous goods of a particular class;
(c)
dangerous goods that are too dangerous to be transported or too dangerous to
be transported in bulk;
(d)
incompatible with dangerous goods.
(4) The analysis and
testing of dangerous goods or substances or articles that may be dangerous
goods.
(5) Standards for the
quality and composition of dangerous goods.
(6) The information to
be given to the Chief Officer about the composition or properties of dangerous
goods that are proposed to be manufactured in or imported into the State.
(7) Prohibiting or
controlling the import, storage, handling or transport of dangerous goods.
(8) Prohibiting or
controlling the use of a place, vehicle, equipment or thing that is used in
connection with the storage, handling or transport of dangerous goods.
(9) The authorisation
of dangerous goods.
(10) The segregation
of incompatible dangerous goods.
(11) Requirements for
the safe storage, handling or transport of dangerous goods.
(12) Requiring the
documentation of matters in relation to the safe storage, handling and
transport of dangerous goods, including —
(a) the
identification of hazards;
(b) the
assessment, minimisation and control of the risk to people, property or the
environment from dangerous goods; and
(c) safe
operating procedures.
(13) Requiring written
plans to deal with emergencies involving dangerous goods.
(14) Specifying which
of the documents required by the regulations are safety management documents
for the purposes of this Act.
(15) Requiring written
reports of and about dangerous goods incidents and dangerous situations.
(16) Requiring the
theft or disappearance of dangerous goods to be reported to the Chief Officer.
(17) The duties of
persons engaged in activities relating to the import, storage, handling or
transport of dangerous goods.
2 . Persons involved with dangerous goods
(1) The training and
qualifications required of persons engaged in activities relating to the
storage, handling or transport of dangerous goods, including activities
relating to plant or equipment that is used in connection with dangerous
goods.
(2) The approval of
training courses and of qualifications for the purposes of this Act.
(3) Voluntary
accreditation schemes, including privileges to be accorded and sanctions to be
imposed under the schemes and suspension and cancellation of such schemes.
(4) Requiring persons
engaged in activities relating to the storage, handling or transport of
dangerous goods to be accredited.
3 . Possession, sale and supply of dangerous goods
(1) Prohibiting or
controlling the possession, sale or supply of dangerous goods.
(2) The maximum
quantities of dangerous goods that may be possessed by, or sold or supplied
to, a person at any one time.
(3) Prohibiting or
controlling the supply of dangerous goods to persons under the age of
18 years or persons who are unable by reason of a mental disability
(which term includes intellectual disability, a psychiatric condition, an
acquired brain injury and dementia) to understand the risk from the goods.
(1) The classification
of dangerous goods sites.
(2) Methods for
assigning dangerous goods sites to a class.
(3) Empowering the
Chief Officer to determine the classification of dangerous goods sites.
(4) Prohibiting or
controlling the use of dangerous goods sites and activities on them.
(5) The registration
and licensing of dangerous goods sites.
(6) The design,
construction and use of structures, facilities and equipment on dangerous
goods sites.
(7) Standards for the
quality of structures, facilities and equipment on dangerous goods sites.
(8) The information to
be given to the Chief Officer about the construction and use of any thing on a
dangerous goods site, including about proposals for such matters.
(9) The security,
safety, and safe operation of dangerous goods sites.
(10) Requiring signs
to be displayed at dangerous goods sites.
(11) The form and
content of the signs.
(12) The information
to be made available to the public about hazards, and the risk to people,
property or the environment from dangerous goods, on dangerous goods sites.
(13) The duties of
persons having the control or management of dangerous goods sites and of
persons on such sites.
(14) Insurance and
indemnity requirements in respect of dangerous goods sites.
5 . Pipelines carrying dangerous goods
(1) In this
clause —
dangerous goods pipeline means a pipeline that is
or is intended to be used to carry dangerous goods across one or more
cadastral boundaries.
(2) The registration
of dangerous goods pipelines.
(3) The design,
construction and use of dangerous goods pipelines.
(4) Standards for the
quality of dangerous goods pipelines.
(5) The information to
be given to the Chief Officer about the construction and use of dangerous
goods pipelines, including about proposals for such matters.
(6) The security,
safety and safe operation of dangerous goods pipelines.
(7) Requiring
dangerous goods pipelines to be labelled, marked or signposted.
(8) The form and
content of the labels, marks and signs.
(9) The duties of
persons engaged in activities relating to the construction and use of
dangerous goods pipelines.
(10) Insurance and
indemnity requirements in respect of dangerous goods pipelines.
6 . Packaging and labelling of dangerous goods
(1) The design,
manufacture, construction and use of containers used to contain dangerous
goods.
(2) Standards for the
quality of containers used to contain dangerous goods.
(3) Empowering the
Chief Officer to approve containers used to contain dangerous goods.
(4) Requiring
containers of dangerous goods to be labelled, marked or placarded.
(5) The form and
content of the labels, marks and placards.
(6) The packing of
dangerous goods and the packaging used.
(7) The information to
be displayed on dangerous goods.
7 . Transport of dangerous goods
(1) Prohibiting the
transport of dangerous goods that are too dangerous to be transported or
dangerous goods that are too dangerous to be transported in bulk.
(2) The design,
manufacture, construction and use of containers, equipment, vehicles and other
items used in relation to the transport of dangerous goods.
(3) Standards for the
quality of containers, equipment, vehicles and other items used in relation to
the transport of dangerous goods.
(4) Empowering the
Chief Officer to approve —
(a)
containers, equipment and other items used in relation to the transport of
dangerous goods;
(b)
facilities for and methods of testing containers, equipment and other items
used, and processes carried out, in relation to the transport of dangerous
goods.
(5) Requiring
containers and vehicles used to transport dangerous goods to be labelled,
marked or placarded.
(6) The form and
content of the labels, marks and placards.
(7) The loading of
dangerous goods for, and the unloading of dangerous goods after, their
transport.
(8) The licensing of
vehicles used to transport dangerous goods.
(9) The licensing of
drivers of vehicles used to transport dangerous goods.
(10) The records to be
created and kept in respect of dangerous goods being transported and
empowering the Chief Officer to approve alternative records.
(11) Procedures for
the transport of dangerous goods, including but not limited to —
(a) the
quantities and circumstances in which dangerous goods, or particular classes
of dangerous goods, may be transported;
(b)
prohibiting or controlling the transport of different classes of dangerous
goods together;
(c) the
information about dangerous goods to be carried with them.
(12) The security,
safety and safe operation of vehicles used to transport dangerous goods.
(13) Empowering the
Chief Officer to determine the routes along which, the areas in which, and the
periods during which, dangerous goods may or may not be transported.
(14) The duties of
persons engaged in activities relating to the transport of dangerous goods and
passengers carrying dangerous goods.
(15) Insurance and
indemnity requirements in respect of the transport of dangerous goods.
8 . Licences, registrations, permits and
exemptions
(1) In this
clause —
approval includes a licence, registration and
permit.
(2) Applications for
approvals and exemptions.
(3) The transfer of
approvals and exemptions.
(4) The training,
qualifications and experience required of applicants for licences.
(5) Requiring
applicants for licences to sit tests to establish their competence and to
submit to medical examinations.
(6) Granting and
amending approvals with or without conditions.
(7) The conditions
that may be imposed when granting or amending an approval including conditions
that require the holder of the approval —
(a) to
be insured against any loss or damage, or to provide security for the
remediation of any damage, injury or harm, that may result from the
holder’s acts or omissions in relation to dangerous goods; or
(b) to
provide security for —
(i)
the holder’s compliance with any remediation notice
that might be issued to the holder under section 47; or
(ii)
any costs that might be recoverable from the holder under
section 50.
(8) The period for
which approvals may be granted; not exceeding 5 years in the case of
licences and registrations and one year in the case of permits.
(9) Refusing,
suspending and cancelling approvals, including empowering the Chief Officer to
refuse, suspend or cancel approvals for good reason.
(10) Reviewing
decisions refusing, granting, amending, suspending or cancelling approvals or
imposing conditions but not so as to provide for review by the State
Administrative Tribunal.
(11) Requiring holders
of approvals and exemptions to carry and produce them.
[Clause 8 amended by No. 55 of 2004 s. 215.]
(1) The fees to be
paid when applying for and on the issue, granting, variation, transfer or
renewal of approvals, licences, registrations, permits and exemptions under
this Act.
(2) The fees to be
paid for examinations or tests conducted on persons applying for licences or
permits under this Act.
(3) The fees and
charges to be paid for official inspections, assessments, examinations, tests
and analyses of places, vehicles, plant, equipment, articles, substances or
records, that are made under or for the purposes of this Act.
(4) The fees and
charges to be paid for the use of any land or facility for storing or handling
dangerous goods that is owned by the Crown, an agency of the Crown, the State,
or a government agency within the meaning of section 51(1), and used for
public purposes.
(5) Refunds of fees
and charges.
(1) The authorisation
of plant, equipment or things used in connection with the storage, handling or
transport of dangerous goods.
(2) Requiring records
to be kept by persons engaged, directly or indirectly, in importing, storing,
handling or transporting dangerous goods.
(3) Requiring copies
of reports, plans and other records made under the regulations to be given to
a DGO or the Chief Officer.
(4) The approval of
persons, other than DGOs, to conduct inspections, assessments and examinations
of, and tests on, places, vehicles, plant, equipment, articles, substances or
people for the purposes of this Act.
(5) The approval of
laboratories to conduct tests on samples taken under this Act or on dangerous
goods.
(6) Forms to be used
for the purposes of this Act and empowering the Chief Officer to approve such
forms.
(7) Transitional and
savings provisions in relation to matters such as licences, permits,
registrations and exemptions granted under the written laws that are repealed
by this Act 2 .
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
