Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies if a vehicle transporting an explosive by road, rail or water is
involved in an incident resulting in a dangerous situation.
(2) In the case of a
road vehicle involved in such an incident —
(a) one
of the accountable persons for the vehicle must notify an emergency service as
soon as practicable —
(i)
of the incident; and
(ii)
of the required details of the explosive being
transported;
and
(b) each
accountable person for the vehicle must provide the reasonable assistance
required by a DGO, or an officer of an emergency service, to deal with the
situation.
(3) In the case of a
train transporting an explosive by rail involved in such an
incident —
(a) the
driver of the train must take all reasonable steps to notify the track owner
of the incident; and
(b) the
track owner must as soon as practicable notify an emergency
service —
(i)
of the incident; and
(ii)
of the required details of the explosive being
transported;
and
(c) the
track owner and prime contractor must provide the reasonable assistance
required by a DGO, or an officer of an emergency service, to deal with the
situation.
(4) In the case of a
vehicle transporting an explosive by water involved in such an
incident —
(a) the
master of the vehicle must take all reasonable steps to notify the prime
contractor of the incident; and
(b) the
prime contractor must as soon as practicable notify an emergency
service —
(i)
of the incident; and
(ii)
of the required details of the explosive being
transported;
and
(c) the
prime contractor must provide the reasonable assistance required by a DGO, or
an officer of an emergency service, to deal with the situation.
(5) As soon as
practicable after the incident, each accountable person in relation to the
vehicle or train (as the case requires) must notify the Chief Officer of the
incident, and provide details of —
(a) when
and where the incident happened; and
(b) the
nature of the incident; and
(c) the
required details of the explosives being transported when the incident
happened.
(6) Not later than 21
days after the day when the incident happens, the accountable person must give
the Chief Officer a written report about the incident.
(7) The report must
provide details of the following —
(a) when
and where the incident happened;
(b) the
nature of the incident;
(c) the
required details of the explosives being transported when the incident
happened;
(d) any
death of or harm to a person;
(e) any
damage or harm to property or the environment;
(f) what
the person believes is the likely cause of the incident;
(g) the
measures taken to control any leak, spill or accidental escape of explosives,
and any fire or explosion, arising out of the incident;
(h) the
measures taken after the incident in relation to the explosives involved in
the incident;
(i)
the measures taken after the incident to prevent a
similar incident happening again.
Penalty: a level 2 fine.
(8) It is a defence to
a charge of an offence under subregulation (5) or (6) to prove the accused had
already complied with the Act section 9(2) in respect of a reportable
situation that arose from the incident.
[Regulation 109 amended in Gazette
16 Mar 2012 p. 1182.]