Western Australian Numbered Acts (1) In this Act,
unless the contrary intention appears —
"approved" means approved by the Chief Officer;
"Chief Officer" means the person designated as the
Chief Dangerous Goods Officer under section 25(2);
"container" means any container, package or other
thing capable of containing dangerous goods, or an assemblage of such
containers, packages or things, but does not include a pipeline;
"dangerous goods" means a substance or article
that is —
(a)
prescribed by the regulations to be dangerous goods; or
(b)
determined by the Chief Officer under the regulations to be dangerous goods;
"dangerous goods incident" means any incident that
involved dangerous goods and that caused or, but for intervening events, could
have caused —
(a) the
death of an individual, unreasonable bodily injury to an individual that
interferes with his or her health or comfort, or unreasonable harm to the
health of an individual;
(b)
significant and unreasonable damage or harm to property or the environment;
"dangerous goods officer" (DGO) means a person
appointed as such under section 27;
“ dangerous goods site” means a
place —
(a)
where dangerous goods were or are, or are intended to be, stored or handled;
or
(b)
where the loading or unloading of dangerous goods in connection with
transporting them was or is, or is intended to be, carried out;
"dangerous situation" means a situation where
there is an imminent and high risk to people, property or the environment from
dangerous goods;
"driver", in relation to a vehicle, means the
person driving or in charge of the vehicle and includes the master of a
vehicle transporting people or things by water;
"exemption" means an exemption granted under
Part 4 and includes such an exemption as amended from time to time;
"give", in relation to any document or
information, includes (without limiting sections 75 and 76 of the
Interpretation Act 1984 ) sending the document or information by remote
communication;
"handle", in relation to dangerous goods, includes
to manufacture, process, pack, use, sell, supply, carry (including by
pipeline), and treat the dangerous goods and to destroy or otherwise dispose
of dangerous goods;
"record" means any record of information,
irrespective of how the information is recorded or stored or able to be
recovered and includes —
(a) any
thing from which images, sounds or writings can be reproduced, with or without
the aid of anything else; and
(b) any
thing on which information is recorded or stored, whether electronically,
magnetically, mechanically or by some other means;
"remote communication" means any way of
communicating at a distance including by telephone, fax, email and radio;
"risk", in relation to dangerous goods,
means —
(a) in
relation to people — the probability of the goods causing the death
of, unreasonable injury to, or unreasonable harm to the health of, one or more
individuals;
(b) in
relation to property or the environment — the probability of
dangerous goods causing unreasonable damage or harm to property or the
environment;
“safety management document” means a
document that the regulations require to be prepared in relation
to —
(a) the
safe storage, handling or transport of dangerous goods; or
(b)
dealing with emergencies involving dangerous goods,
and that the
regulations prescribe to be a safety management document;
"specified", in relation to an order, exemption,
notice, or direction, means specified in the order, exemption, notice, or
direction, as the case may be;
"substance" means a solid, liquid or gas or a
mixture of them;
"transport", in relation to dangerous goods, means
the transport of dangerous goods by vehicle and includes —
(a) the
packing, loading and unloading of the goods, and the transfer of the goods to
or from a vehicle, for the purpose of their transport;
(b) the
labelling, marking or placarding of containers and vehicles in which the goods
are transported; and
(c)
other matters incidental to the transport of the goods;
"vehicle" means any thing capable of transporting
people or things by road, rail or water, including a hovercraft, and it does
not matter how the thing is moved or propelled.
(2) In this Act these
abbreviations are used —
"DGO" for dangerous goods officer.