Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears —
accountable person for a vessel, means each of the
owner and the master of the vessel;
Act means the Dangerous Goods Safety
Act 2004 ;
AS 3846 means the Australian Standard
AS 3846—2005, The handling and transport of dangerous cargoes in
port areas , published by Standards Australia (ISBN 0 7337 7000 2);
class of dangerous goods other than combustible
liquids, means the class assigned to the goods in accordance with the IMDG
Code;
classification code of dangerous goods other than
combustible liquids, means the classification code assigned to the goods in
accordance with the IMDG Code;
consignor of a dangerous cargo, has the meaning
given by regulation 4;
dangerous goods means any article or substance
that is dangerous goods within the meaning given to that term by the Act
section 3(1);
Division , in relation to dangerous goods, means
the Division assigned to the goods in accordance with the IMDG Code;
explosives has the meaning given to that term by
the Dangerous Goods Safety (Explosives) Regulations 2007 ;
FESA means the Fire and Emergency Services
Authority of Western Australia;
handle has the meaning given to that term by AS
3846 clause 1.4.41, despite the meaning given to the term by the Act
section 3(1), and includes to transport;
harbour master —
(a) of a
port subject to the Port Authorities Act 1999 , has the meaning given to
the term by that Act section 3(1);
(b) of a
port subject to the Shipping and Pilotage Act 1967 , has the meaning
given to the term by that Act section 3;
level 1 fine means —
(a) for
an individual, a fine of $10 000;
(b) for
a body corporate, a fine of $50 000;
level 2 fine means —
(a) for
an individual, a fine of $5 000;
(b) for
a body corporate, a fine of $25 000;
liquid dangerous goods includes a gas that is
dangerous goods and that is liquefied;
owner of a vessel, means a person —
(a) who
is the sole owner, a joint owner or a part owner of the vessel; or
(b) who
has possession or use of the vessel under a credit, hire purchase, lease or
other agreement;
port means —
(a) a
port as that term is defined in the Port Authorities Act 1999
section 3(1); or
(b) a
port as that term is defined in the Shipping and Pilotage Act 1967
section 3;
port area means the area associated with a
port being —
(a) if
the port is subject to the Port Authorities Act 1999 — the
area or areas described in relation to the port under that Act
section 24; and
(b) if
the port is subject to the Shipping and Pilotage Act 1967 —
the area bounded by the limits specified in relation to the port under that
Act section 10;
prime contractor has the meaning given to that
term by regulation 5;
vessel means anything, including a hovercraft,
capable of transporting people or things by water.
(2) If a term used in
these regulations is not defined in subregulation (1) but is defined in
AS 3846 clause 1.4, it has the same meaning in these regulations as
it has in that clause, unless the contrary intention appears.