Dangerous Goods Safety Management Act 2001

Queensland Dangerous Goods Safety Management Act 2001 Reprinted as in force on 18 December 2009 Reprint No. 3 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal Repealed by 2011 Act No. 18 s 278

Information about this reprint This Act is reprinted as at 18 December 2009. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use different spelling consistent with current drafting practice (s 26(2)) • use standard punctuation consistent with current drafting practice (s 27) • correct minor errors (s 44). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in the reprint, including table of corrected minor errors • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Dangerous Goods Safety Management Act 2001 Contents Part 1 Division 1 1 2 Division 2 3 4 5 6 Division 3 7 Division 4 8 9 10 11 12 13 14 15 Part 2 Division 1 16 17 18 19 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Application and operation of Act Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 What does this Act apply to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Who does this Act apply to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Objective of Act Objective of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meaning of dangerous goods. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meaning of environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meaning of hazard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meaning of hazardous material . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Meaning of major accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Meaning of occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Meaning of risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Safety obligations Preliminary Obligations for safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 What is an acceptable level of risk . . . . . . . . . . . . . . . . . . . . . . . . 17 Discharge of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Person may owe obligations in more than 1 capacity. . . . . . . . . . 18

Dangerous Goods Safety Management Act 2001 Contents 20 21 22 Division 2 23 24 25 26 27 Division 3 28 Part 3 29 30 Part 4 Division 1 31 32 33 34 Division 2 35 36 37 38 39 Division 3 40 Page 2 Person not relieved of obligations merely because other person has same obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . How obligation can be discharged if regulation or recognised standard made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How obligations can be discharged if no regulation or recognised standard made. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of occupiers and others Obligations of occupiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of employees and other persons . . . . . . . . . . . . . . . . Obligations of manufacturers, importers and suppliers of dangerous goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of designers, manufacturers, importers, suppliers and installers of storage or handling systems . . . . . . . . Obligations of suppliers and installers for known hazards etc. . . . Defences Defences for div 1 or 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recognised standards Recognised standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of recognised standard in proceedings . . . . . . . . . . . . . . . . . Major hazard facilities Classification of facilities as major hazard facilities Meaning of major hazard facility and possible major hazard facility ........................................ Chief executive may classify facility as major hazard facility . . . . Grounds for classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may declassify major hazard facility . . . . . . . . . . Notification to chief executive about possible major hazard facilities Obligation to notify chief executive of existing possible major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify chief executive of new possible major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to notify chief executive of certain upgrades of facilities ...................................... Obligation to notify chief executive of modification to a major hazard facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to comply with chief executive’s notice requiring information about possible major hazard facility. . . . . . . . . . . . . . Other obligations of occupiers of major hazard facilities Other obligations of occupier of major hazard facility. . . . . . . . . . 19 19 19 20 21 22 22 23 24 25 25 26 26 27 27 28 29 29 31 31 32

Dangerous Goods Safety Management Act 2001 Contents 41 42 43 44 45 46 47 Part 5 Division 1 48 Division 2 49 50 Division 3 51 52 53 Part 6 Division 1 54 55 56 57 58 59 60 61 Division 2 Subdivision 1 62 Occupier must carry out systematic risk assessment . . . . . . . . . Emergency plans and procedures for major hazard facility . . . . . Occupier must consult about emergency plans and procedures . Occupier must provide education and training . . . . . . . . . . . . . . . Safety management system for major hazard facility . . . . . . . . . . Occupier must consult and give information about safety measures ..................................... Occupier must give safety report to chief executive . . . . . . . . . . . Dangerous goods locations Identification of dangerous goods locations Meaning of dangerous goods location and large dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification to chief executive about possible dangerous goods locations Obligation to notify chief executive of possible large dangerous goods location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligation to comply with chief executive’s notice requiring information about possible dangerous goods location . . . . . . . . . Other obligations of occupiers of dangerous goods locations Other obligations of occupier of dangerous goods locations . . . . Emergency plans and procedures for large dangerous goods locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safety management system for dangerous goods location . . . . . Authorised officers and directives Authorised officers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officers Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 33 33 34 35 35 37 37 38 39 39 39 40 41 41 41 42 43 43 43 44 Page 3

Dangerous Goods Safety Management Act 2001 Contents Subdivision 2 63 64 65 66 67 Subdivision 3 68 69 70 Subdivision 4 71 72 73 74 75 76 77 78 79 80 Subdivision 5 81 82 83 84 85 86 87 Division 3 Subdivision 1 88 89 Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . General powers General powers after entering places. . . . . . . . . . . . . . . . . . . . . . Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to seize evidence Seizing evidence at major hazard facility, dangerous goods location or other place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officer may require thing’s return . . . . . . . . . . . . . . . . Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to obtain information Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . Power to require attendance of persons before an authorised officer to answer questions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with requirement about attendance . . . . . . . . . Directives by authorised officers Giving directives Authorised officer may give directive . . . . . . . . . . . . . . . . . . . . . . How directive is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 46 46 47 48 49 50 50 51 51 52 52 52 53 53 54 55 55 55 56 56 57 57 58 58 59 59 Page 4

Dangerous Goods Safety Management Act 2001 Contents Subdivision 2 90 91 92 93 94 95 96 97 98 99 Subdivision 3 100 101 Subdivision 4 102 103 104 105 Division 4 106 107 107A 107B Division 5 108 109 110 111 112 Part 7 Division 1 113 Division 2 114 Matters for which directives may be given Directive to carry out assessment . . . . . . . . . . . . . . . . . . . . . . . . Directive to reduce risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to review safety management system . . . . . . . . . . . . . . Directive to review systematic risk assessment . . . . . . . . . . . . . . Directive to review emergency plans and procedures . . . . . . . . . Directive to review safety report . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to stop and secure storage or handling systems . . . . . . Directive to suspend operations for unacceptable level of risk . . . Directive to isolate site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directive to provide independent study or audit . . . . . . . . . . . . . . Recording of directives and other matters Records must be kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of directives Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of directive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Immediate action to protect people, property or environment Preventing injury and damage—taking direct action . . . . . . . . . . Recovery of costs of government action . . . . . . . . . . . . . . . . . . . Cost recovery notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost recovery notice issued to several persons . . . . . . . . . . . . . . General enforcement matters Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing authorised officers. . . . . . . . . . . . . . . . . . . . . . . . . . . Hazardous materials emergencies Purpose Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of persons as hazmat advisers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 60 60 61 61 61 61 62 62 62 63 64 64 65 65 66 67 68 69 71 71 72 73 73 73 74 74 Page 5

Dangerous Goods Safety Management Act 2001 Contents 115 116 117 118 119 120 121 Division 3 Subdivision 1 122 Subdivision 2 123 124 125 Part 8 Division 1 126 127 Division 2 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Page 6 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Function of hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Powers of hazmat advisers Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers General powers after entering a place for a hazardous materials emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to help a hazmat adviser . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing hazmat advisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigations and inquiries into major accidents Requirement about major accidents and near misses Notice of major accident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of near misses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries by board of inquiry Minister may establish or re-establish boards of inquiry. . . . . . . . Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive to arrange for services of staff and financial matters for board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiry to be held in public other than in special circumstances . Protection of members, legal representatives and witnesses . . . Record of proceedings to be kept. . . . . . . . . . . . . . . . . . . . . . . . . Procedural fairness and representation . . . . . . . . . . . . . . . . . . . . Board’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of documents or other things . . . . . . . . . . . . . . . . . . . Inquiry may continue despite court proceeding unless otherwise ordered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 75 75 76 76 76 76 77 77 78 79 79 80 81 81 81 82 82 82 83 83 83 84 84 84 84 85 85

143 144 145 146 147 Part 9 Division 1 148 Division 1A 154A 154B 154C 154D 154E 154F 154G 154H Division 2 155 156 157 158 159 160 Part 10 Division 1 161 162 163 164 165 Division 2 166 167 Dangerous Goods Safety Management Act 2001 Contents False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . Reviews and appeals Review of decision to classify facility as a major hazard facility Review of chief executive decision . . . . . . . . . . . . . . . . . . . . . . . . Appeals against decision to issue cost recovery notice Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of ss 154C–154G to an appeal under this division . . Appeals against review decisions Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal proceedings Evidence Proof of appointments and authority unnecessary . . . . . . . . . . . . Proof of signatures unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expert reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Analyst’s report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 86 86 86 87 87 87 88 88 88 88 89 89 90 90 90 90 91 91 92 92 92 93 93 94 96 96 96 Page 7

Dangerous Goods Safety Management Act 2001 Contents 168 169 170 171 172 173 174 175 Part 11 176 177 178 179 180 181 182 183 184 185 186 187 Part 12 188 Part 13 189 Schedule 2 Limitation on who may summarily hear indictable offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on time for starting summary proceedings. . . . . . . . . . Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility for acts or omissions of representatives . . . . . . . . Executive officers must ensure corporation complies with Act. . . Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fines payable to local government . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Service of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Person not to encourage refusal to answer questions . . . . . . . . . Person not to knowingly make false or misleading entry . . . . . . . Impersonating authorised officer or hazmat adviser . . . . . . . . . . Relationship with Sustainable Planning Act 2009 . . . . . . . . . . . . Delegations by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . Devolution of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegations relating to devolved matters . . . . . . . . . . . . . . . . . . . Representation by employee or contractor. . . . . . . . . . . . . . . . . . Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 Proceedings started before commencement of this section. . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 98 98 98 99 99 100 100 101 102 102 102 102 103 104 105 105 106 107 107 108 108 110 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 116 117 117 118 119 Page 8

Dangerous Goods Safety Management Act 2001 Contents 7 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . 121 8 Table of corrected minor errors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Page 9

Dangerous Goods Safety Management Act 2001 Part 1 Preliminary [s 1] Dangerous Goods Safety Management Act 2001 [as amended by all amendments that commenced on or before 18 December 2009] An Act about the safe management in Queensland of the storage and handling of hazardous materials, particularly dangerous goods and combustible liquids, and the management of major hazard facilities and emergencies involving hazardous materials, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Dangerous Goods Safety Management Act 2001 . 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Application and operation of Act 3 Application of Act (1) This Act, other than part 7 and the other provisions of the Act relevant to that part, does not apply to— Reprint 3 effective 18 December 2009 Page 11

Dangerous Goods Safety Management Act 2001 Part 1 Preliminary [s 3] (a) a coal mine to which the Coal Act applies; or (b) a mine to which the Mines Act applies; or (c) land that, under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 , is used to obtain, produce or transport petroleum; or (d) pipes under the Petroleum and Gas (Production and Safety) Act 2004 (other than pipes within the boundaries of a major hazard facility or dangerous goods location); or (e) land that, under the Greenhouse Gas Storage Act 2009 , is used to carry out GHG stream storage; or (f) a GHG stream pipeline under the Greenhouse Gas Storage Act 2009 , other than within the boundaries of a major hazard facility or dangerous goods location. (2) If this Act conflicts with any of the following Acts, that Act prevails, but only to the extent of the conflict— (a) Explosives Act 1999 ; (b) Petroleum and Gas (Production and Safety) Act 2004 ; (c) Radiation Safety Act 1999 . (3) If— (a) this Act imposes a safety obligation on a person; and (b) the Petroleum and Gas (Production and Safety) Act 2004 , the Explosives Act 1999 or the Radiation Safety Act 1999 imposes an obligation on the person or another person that is at least equivalent to the safety obligation; compliance with the obligation under the Petroleum and Gas (Production and Safety) Act 2004 , the Explosives Act 1999 or the Radiation Safety Act 1999 is taken, for this Act, to be compliance with the safety obligation. (4) However, subsection (3) does not apply to safety obligations relating to a major hazard facility. Page 12 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 1 Preliminary [s 4] 4 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 5 What does this Act apply to This Act applies to— (a) the storage and handling of hazardous materials, particularly dangerous goods and combustible liquids; and (b) the operation of major hazard facilities; and (c) the provision of advice and help for emergencies involving hazardous materials. 6 Who does this Act apply to Subject to section 3, this Act applies to everyone who as a result of the storage or handling of hazardous materials at a place may affect the safety of persons or harm property or the environment. Division 3 Objective of Act 7 Objective of Act (1) The objective of this Act is to protect the safety of persons, and prevent harm to property and the environment, from hazardous materials. (2) More particularly, this Act— (a) establishes requirements for— (i) the safe storage and handling of dangerous goods and combustible liquids; and (ii) the safe operation of major hazard facilities; and Reprint 3 effective 18 December 2009 Page 13

Dangerous Goods Safety Management Act 2001 Part 1 Preliminary [s 8] (b) authorises the giving of advice and help in hazardous materials emergencies. Division 4 Interpretation 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. 9 Meaning of dangerous goods Goods are dangerous goods if they are defined under the ADG Code as— (a) dangerous goods; or (b) goods too dangerous to be transported. 10 Meaning of environment The environment includes— (a) ecosystems and their constituent parts; and (b) all natural and physical resources; and (c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c). 11 Meaning of hazard A hazard is a thing or a situation with potential to cause harm to a person, property or the environment. Page 14 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 1 Preliminary [s 12] 12 Meaning of hazardous material (1) A hazardous material is a substance with potential to cause harm to persons, property or the environment because of 1 or more of the following— (a) the chemical properties of the substance; (b) the physical properties of the substance; (c) the biological properties of the substance. (2) Without limiting subsection (1), all dangerous goods, combustible liquids and chemicals are hazardous materials. 13 Meaning of major accident Major accident means a sudden occurrence (including, in particular, a major emission, loss of containment, fire, explosion or release of energy) leading to serious danger or serious harm to persons, property or the environment, whether immediate or delayed. 14 Meaning of occupier Occupier , of a major hazard facility, dangerous goods location, facility or other place, means an employer, or other person, who has overall management of the major hazard facility, dangerous goods location, facility or place. 15 Meaning of risk Risk means the likelihood of harm to a person, property or the environment arising out of a hazard. Reprint 3 effective 18 December 2009 Page 15

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 16] Part 2 Safety obligations Division 1 Preliminary 16 Obligations for safety (1) Everyone involved with the storage or handling of hazardous materials or with storage or handling systems at any place who may affect the safety of persons or may harm property at any place or the environment has the following obligations ( safety obligations )— (a) to comply with this Act; (b) to take all reasonable precautions and care to achieve an acceptable level of risk. (2) In addition to their obligations under subsection (1), the following persons have obligations under division 2 (also safety obligations )— (a) the occupier of a major hazard facility or dangerous goods location; (b) an employee or other person at a major hazard facility or dangerous goods location; (c) a manufacturer, importer or supplier of dangerous goods; (d) a designer, manufacturer, importer or supplier of storage or handling systems for use at a major hazard facility or dangerous goods location; (e) an installer of storage or handling systems at a major hazard facility or dangerous goods location. (3) In addition to the obligations of the occupier of a major hazard facility under subsections (1) and (2), the occupier has the obligations under part 4 (also safety obligations ). (4) In addition to the obligations of the occupier of a dangerous goods location under subsections (1) and (2), the occupier has the obligations under part 5 (also safety obligations ). Page 16 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 17] 17 What is an acceptable level of risk (1) An acceptable level of risk is achieved when risk is minimised as far as reasonably practicable. (2) To decide whether risk is minimised as far as reasonably practicable, regard must be had to— (a) the likelihood of harm to a person, property or the environment related to the risk; and (b) the severity of the harm. (3) The acceptable level of risk may be prescribed under a regulation in terms of the likelihood and the severity of the consequences of the risk or in another way. (4) The assessment of risk to decide its acceptability must take account of good industry practice and compliance with recognised standards if— (a) a regulation does not prescribe an acceptable level for risk or set performance objectives and measures for the avoidance, reduction or monitoring of risk; or (b) it is not practicable in the circumstances to calculate or estimate the level of risk. 18 Discharge of obligations (1) A person on whom a safety obligation is imposed must discharge the obligation. Maximum penalty— (a) if the contravention causes multiple deaths and serious harm to property or the environment—3000 penalty units or 3 years imprisonment; or (b) if the contravention causes multiple deaths—2000 penalty units or 3 years imprisonment; or (c) if the contravention causes death or grievous bodily harm—1000 penalty units or 2 years imprisonment; or Reprint 3 effective 18 December 2009 Page 17

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 19] (d) if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or (e) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or (f) if the contravention causes serious harm to property or the environment—750 penalty units or 6 months imprisonment; or (g) if paragraphs (a) to (f) and subsection (3) do not apply—500 penalty units. (2) Subsection (3) applies if— (a) a person is alleged to have contravened subsection (1) (the alleged offence ); and (b) it is alleged the safety obligation the person did not discharge is the obligation to comply with this Act; and (c) the provision of the Act (the Act provision ) to which the failure relates provides for a penalty for a contravention of the Act provision; and (d) a circumstance of aggravation mentioned in paragraphs (a) to (f) of the penalty in subsection (1) is not proved for the alleged offence. (3) The maximum penalty that can be imposed for the alleged offence is the monetary penalty for the Act provision. 19 Person may owe obligations in more than 1 capacity A person on whom a safety obligation is imposed may be subject to more than 1 safety obligation. Example — A person may be both a designer of storage or handling systems and also the occupier of a major hazard facility and be subject to safety obligations in each capacity. Page 18 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 20] 20 Person not relieved of obligations merely because other person has same obligations To remove doubt, it is declared that the imposition of a safety obligation on a person does not relieve another person of the other person’s safety obligations under this Act. 21 How obligation can be discharged if regulation or recognised standard made (1) If a regulation prescribes a way of achieving an acceptable level of risk, a person may discharge the person’s safety obligation relating to the risk only by following the prescribed way. (2) If a regulation prohibits exposure to a risk, a person may discharge the person’s safety obligation relating to the risk only by ensuring the prohibition is not contravened. (3) Subject to subsections (1) and (2), if a recognised standard states a way of achieving an acceptable level of risk, a person may discharge the person’s safety obligation relating to the risk only by— (a) adopting and following a stated way; or (b) adopting and following another way that achieves a level of risk equal to or lower than the acceptable level. Editor’s note — For this section and the following section, see defences provided under division 3. 22 How obligations can be discharged if no regulation or recognised standard made (1) This section applies if there is no regulation or recognised standard prescribing or stating a way to discharge a person’s safety obligation relating to a risk. (2) The person may choose an appropriate way to discharge the person’s safety obligation relating to the risk. Reprint 3 effective 18 December 2009 Page 19

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 23] (3) However, the person discharges the person’s safety obligation relating to the risk only if the person takes reasonable precautions, and exercises proper diligence, to ensure the obligation is discharged. Division 2 Obligations of occupiers and others 23 Obligations of occupiers (1) The occupier of a major hazard facility or dangerous goods location has the following obligations— (a) as far as practicable, to minimise the risk associated with the major hazard facility or dangerous goods location by— (i) eliminating or minimising hazards at the facility or location; and (ii) implementing measures to minimise the likelihood of a major accident at the facility or location; and (iii) implementing measures to limit the consequences if a major accident happens at the facility or location; (b) to ensure the safety of the occupier and employees while at the major hazard facility or dangerous goods location, including, for example, by providing and maintaining a safe place of work including safe storage or handling systems; (c) to record or be able to demonstrate the way the occupier has complied with the occupier’s obligations under paragraphs (a) and (b); (d) in consultation with the employees at the facility or location, to provide appropriate induction, information, supervision, education and training to all persons at the facility or location so that the persons may carry out their roles and duties safely; Page 20 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 24] (e) to develop, implement and maintain a safety management system for the facility or location. (2) The occupier of a major hazard facility or large dangerous goods location also has the following obligations— (a) in consultation with the employees at the facility or location, to establish, maintain and document emergency plans and procedures to— (i) contain and control a hazardous materials emergency happening at the facility or location; and (ii) minimise the effect of the emergency on persons, property and the environment; (b) in consultation with the employees at the facility or location, to review and update emergency plans and procedures before any modification of the facility or location that would significantly alter the risk associated with the facility or location. 24 Obligations of employees and other persons An employee or other person at a major hazard facility or dangerous goods location has the following obligations— (a) to comply with procedures applying to the employee or other person that are part of a safety management system for the facility or location; (b) to comply with instructions given for the safety of persons by the occupier of the facility or location or a supervisor at the facility or location; (c) to report to a supervisor at the facility or location any matter at the facility or location that may lead to or cause a major accident; (d) to take any other reasonable and necessary course of action at the facility or location to ensure no-one is exposed to an unacceptable level of risk. Reprint 3 effective 18 December 2009 Page 21

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 25] 25 Obligations of manufacturers, importers and suppliers of dangerous goods (1) A manufacturer, importer or supplier of dangerous goods has the following obligations— (a) to ensure the dangerous goods are in a condition that is safe for storage and handling; (b) to ensure appropriate information about the safe storage and handling of the dangerous goods is provided with, or before the receipt of, the dangerous goods. (2) For subsection (1)(b), information is appropriate if the information clearly identifies the dangerous goods and states— (a) the precautions to be taken for the safe storage and handling of the dangerous goods; and (b) the hazards associated with the storage and handling of the dangerous goods. 26 Obligations of designers, manufacturers, importers, suppliers and installers of storage or handling systems (1) A designer or importer of a storage or handling system for use at a major hazard facility or dangerous goods location has an obligation to ensure the system is designed so that, when used properly, the risk to persons, property or the environment from the use of the system is at an acceptable level of risk. (2) A manufacturer or importer of a storage or handling system for use at a major hazard facility or dangerous goods location has an obligation to ensure the system is constructed so that, when used properly, the risk to persons, property or the environment from the use of the system is at an acceptable level of risk. (3) A designer, manufacturer, importer or supplier of a storage or handling system for use at a major hazard facility or dangerous goods location must take all reasonable steps to ensure appropriate information about the safe use of the system is available to the occupier of the facility or location, Page 22 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 27] including information about the maintenance necessary for the safe use of the system. (4) For subsection (3), information is appropriate if the information states— (a) the use for which the storage or handling system has been designed and tested; and (b) any conditions that must be complied with if the system is to be used safely so that risk to persons, property or the environment is at an acceptable level of risk. (5) An installer of a storage or handling system at a major hazard facility or dangerous goods location has an obligation to install the system in a way so that when the system is used properly, the risk to persons, property or the environment is at an acceptable level of risk. 27 Obligations of suppliers and installers for known hazards etc. (1) This section applies to a person if the person— (a) is a supplier or installer of a storage or handling system who becomes aware of a hazard or defect associated with the system that may create an unacceptable level of risk to users of the system; and (b) has supplied the system to the occupier of, or has installed the system in, a major hazard facility or dangerous goods location for use at the facility or location. (2) A person to whom this section applies has an obligation to take all reasonable steps to inform the present occupier— (a) of the nature of the hazard or defect and its significance; and (b) any modifications or controls of which the person is aware that have been developed to eliminate or correct the hazard or defect or manage the risk. Reprint 3 effective 18 December 2009 Page 23

Dangerous Goods Safety Management Act 2001 Part 2 Safety obligations [s 28] Division 3 Defences 28 Defences for div 1 or 2 (1) It is a defence in a proceeding against a person for a contravention of a safety obligation imposed on the person under division 1 or 2 relating to a risk for the person to prove— (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or (b) subject to paragraph (a), if a recognised standard has been made stating a way to achieve an acceptable level of a risk— (i) the person adopted and followed a stated way to prevent the contravention; or (ii) the person adopted and followed another way that achieved a level of risk that is equal to or lower than the acceptable level to prevent the contravention; or (c) if no regulation or recognised standard prescribes or states a way to discharge the person’s safety obligation relating to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention. (2) Also, it is a defence in a proceeding against a person for an offence against section 18 for the person to prove that the commission of the offence was due to causes over which the person had no control. (3) The Criminal Code, sections 23 and 24, do not apply to a contravention of section 18. Page 24 Reprint 3 effective 18 December 2009

Part 3 Dangerous Goods Safety Management Act 2001 Part 3 Recognised standards [s 29] Recognised standards 29 Recognised standards (1) The Minister may make standards ( recognised standards ) stating ways to achieve an acceptable level of risk. (2) The Minister must notify the making of a recognised standard. (3) A recognised standard takes effect— (a) on the day the Minister’s notice is notified or published in the gazette; or (b) if a later day is stated in the Minister’s notice or the standard—on that day. (4) The chief executive must keep a copy of each recognised standard and any document applied, adopted or incorporated by the standard available for inspection, without charge, during normal business hours at the department office dealing with the safety of hazardous materials. (5) The chief executive must, if asked, advise where a copy of a recognised standard may be obtained. (6) A notice mentioned in subsection (2) is subordinate legislation. 30 Use of recognised standard in proceedings A recognised standard is admissible in evidence in a proceeding under this Act if— (a) the proceeding relates to a contravention of a safety obligation imposed on a person under part 2; and (b) it is claimed that the person contravened the obligation by failing to achieve an acceptable level of risk; and (c) the recognised standard is about achieving an acceptable level of risk. Reprint 3 effective 18 December 2009 Page 25

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 31] Part 4 Major hazard facilities Division 1 Classification of facilities as major hazard facilities 31 Meaning of major hazard facility and possible major hazard facility (1) A major hazard facility is a facility that is classified by the chief executive under this division as a major hazard facility. (2) A possible major hazard facility means either of the following facilities, other than a facility under a declaration under section 32(4)— (a) a facility where a hazardous material is stored or handled if the quantity of the material is more than the quantity prescribed under a regulation; (b) a facility that the occupier of the facility intends to use for the storage or handling of a hazardous material if the quantity of the material that is likely to be stored or handled is more than the quantity prescribed under a regulation. 32 Chief executive may classify facility as major hazard facility (1) The chief executive may, after consultation with the occupier of a facility, by gazette notice, make a decision under section 33 classifying the facility as a major hazard facility. (2) The gazette notice must— (a) include a description of the area occupied by the major hazard facility; and (b) indicate in broad terms the reasons for the classification. (3) Within 7 days after making the decision, the chief executive must give the occupier a QCAT information notice for the decision. Page 26 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 33] (4) If the chief executive decides not to make a decision under section 33 classifying the facility as a major hazard facility, the chief executive must declare, by written notice to the occupier of the facility, that the facility as described in the declaration is not a major hazard facility. (5) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). 33 Grounds for classification (1) The chief executive must classify a facility as a major hazard facility if the chief executive is reasonably satisfied that— (a) the quantity of hazardous materials stored or handled, or that is likely to be stored or handled, at the facility is more than the quantity prescribed under a regulation; and (b) a hazardous materials emergency at the facility could pose a risk to persons, property or the environment outside the facility. (2) Also, the chief executive may classify a facility as a major hazard facility if the chief executive is reasonably satisfied that, having regard to both the following matters, the requirements applying under this Act for major hazard facilities should apply to the facility— (a) the potential for a hazardous materials emergency to come into existence at the facility; (b) the extent to which a hazardous materials emergency at the facility would pose a risk to persons, property or the environment. 34 Chief executive may declassify major hazard facility (1) The chief executive may, after consultation with the occupier of a major hazard facility, by gazette notice, declassify the facility from its status as a major hazard facility if the chief Reprint 3 effective 18 December 2009 Page 27

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 35] executive reasonably considers grounds for the classification no longer exist. (2) A gazette notice under subsection (1) must— (a) include a description of the area occupied by the facility being declassified; and (b) indicate in broad terms the reasons for the declassification. (3) The chief executive must, by gazette notice, declassify a facility from its status as a major hazard facility if an appeal against the classification of the facility as a major hazard facility is successful. (4) The chief executive must give notice of the declassification to the occupier of the facility. Division 2 Notification to chief executive about possible major hazard facilities 35 Obligation to notify chief executive of existing possible major hazard facility (1) This section applies to a possible major hazard facility that is operational at the commencement of this section. (2) The occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must— (a) be in the approved form; and (b) be given within 3 months after the commencement of this section. Page 28 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 36] 36 Obligation to notify chief executive of new possible major hazard facility (1) This section applies to a possible major hazard facility that is not operational at the commencement of this section. (2) The occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must be in the approved form and must— (a) for a facility that starts operations within 12 months after the commencement of this section, be given to the chief executive— (i) if the facility starts operations within 2 months after the commencement—within 7 days after the commencement; or (ii) otherwise—at least 2 months before the facility starts operations; or (b) for a facility that starts operations more than 12 months after the commencement of this section, be given to the chief executive at least 6 months before the facility starts operations. 37 Obligation to notify chief executive of certain upgrades of facilities (1) This section applies to a facility, other than a major hazard facility, if there is a change in relation to the facility that involves any of the following— (a) the facility becoming a possible major hazard facility; (b) for a facility that is the subject of a declaration under section 32(4)— Reprint 3 effective 18 December 2009 Page 29

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 37] (i) the quantity of hazardous materials stored or handled, or likely to be stored or handled, at the facility is more than the quantity stated in the declaration; or (ii) other hazardous materials, other than materials of the type stated in the declaration, are stored or handled, or likely to be stored or handled, at the facility. (2) If a facility is an upgraded facility, the occupier of the facility must notify the chief executive about the facility as required by subsection (3) to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. (3) Notification under subsection (2) must be in the approved form and must— (a) if the facility is upgraded within 12 months after the commencement of this section, be given to the chief executive— (i) if the facility starts operations as an upgraded facility within 2 months after the commencement—within 7 days after the commencement; or (ii) otherwise—at least 2 months before the facility starts operations as an upgraded facility; or (b) if the facility is upgraded more than 12 months after the commencement of this section, be given to the chief executive at least 6 months before the upgraded facility starts operations. (4) In this section— upgraded facility means a facility that, as a result of a change in relation to the facility, is a facility of the type to which this section applies. Page 30 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 38] 38 Obligation to notify chief executive of modification to a major hazard facility Before the occupier of a major hazard facility undertakes modifications of the facility that will significantly alter the risk associated with the facility, the occupier must notify the chief executive about the modifications, unless the occupier has a reasonable excuse. Maximum penalty—200 penalty units. 39 Obligation to comply with chief executive’s notice requiring information about possible major hazard facility (1) This section applies to a facility if the chief executive— (a) becomes aware of the presence, including the likely presence, of hazardous materials at the facility; and (b) reasonably considers the facility may be classified as a major hazard facility under section 33. (2) The chief executive may, by notice given to the occupier of the facility, require the occupier to notify the chief executive in the approved form, within the time stated in the notice, of stated information about the facility to allow the chief executive to decide whether the chief executive should classify the facility as a major hazard facility. (3) The time stated in the notice must not be less than 14 days after the notice is given to the occupier. (4) The occupier must comply with the requirement, unless the occupier has a reasonable excuse. Maximum penalty for subsection (4)—200 penalty units. Reprint 3 effective 18 December 2009 Page 31

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 40] Division 3 Other obligations of occupiers of major hazard facilities 40 Other obligations of occupier of major hazard facility (1) The occupier of a major hazard facility has the obligations under this division. (2) These obligations are in addition to any other obligation imposed on the occupier of a major hazard facility under this Act. 41 Occupier must carry out systematic risk assessment (1) The occupier of a major hazard facility must, in consultation with the employees at the facility, carry out, document, review and update a systematic risk assessment that as far as practicable— (a) identifies all hazards that may lead to a major accident at the facility; and (b) assesses the likelihood of a major accident happening at the facility and its effects if it does happen; and (c) assesses the overall risk from the major hazard facility. (2) The systematic risk assessment must be carried out and documented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 4 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) The systematic risk assessment for a major hazard facility must be reviewed and updated before the facility is modified in a way that significantly alters the risk associated with the facility. Page 32 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 42] 42 Emergency plans and procedures for major hazard facility For section 23(2)(a), emergency plans and procedures for a major hazard facility must be established and documented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 8 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. 43 Occupier must consult about emergency plans and procedures In establishing, maintaining and documenting emergency plans and procedures the occupier of a major hazard facility must also consult with— (a) emergency services; and (b) persons and owners who must be consulted under section 46(2)(a). 44 Occupier must provide education and training (1) For section 23(1)(d), for a major hazard facility, education and training must— (a) establish and maintain the standards of competency of persons at the major hazard facility; and (b) be reviewed and updated so that standards of competency are maintained; and (c) be conducted as often as is necessary to maintain the standards of competency; and (d) be conducted before any modification of the major hazard facility that significantly alters the risk associated with the facility is carried out. Reprint 3 effective 18 December 2009 Page 33

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 45] (2) The occupier must keep a written record of the matters mentioned in subsection (1). 45 Safety management system for major hazard facility (1) For section 23(1)(e), the safety management system for a major hazard facility must be a documented, comprehensive integrated system for managing safety at the facility and must contain details of— (a) the system’s safety objectives; and (b) the systems and procedures by which the objectives are to be achieved; and (c) the performance criteria that are to be met; and (d) the way in which adherence to the criteria is to be maintained; and (e) other matters prescribed under a regulation. (2) The safety management system must be developed and implemented— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 12 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) Without limiting subsection (1), but subject to subsection (2), the occupier of a major hazard facility must not operate the facility unless there is a safety management system for the facility. (4) The safety management system must be reviewed and updated for the major hazard facility before any modification of the facility that significantly alters the risk associated with the facility is carried out. Page 34 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 46] 46 Occupier must consult and give information about safety measures (1) The occupier of a major hazard facility must identify areas surrounding the facility in which there may be material harm caused if a major accident happens at the facility. (2) The occupier— (a) must consult with and inform persons in the areas, and owners of property situated in the areas, about the hazards at the major hazard facility and the safety measures that should be taken if a major accident happens at the facility; and (b) must update the information as often as necessary to keep the persons and owners informed about the hazards and the way to respond to a major accident at the facility. (3) For subsection (2)(a), the occupier must first consult and inform persons and owners about hazards and safety measures— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 16 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (4) If a major accident happens at the facility, the occupier must ensure persons and owners who may be affected by the accident are immediately warned of the danger and advised of the safety measures they should take. 47 Occupier must give safety report to chief executive (1) The occupier of a major hazard facility must give a written report (a safety report ) to the chief executive that includes sufficient detail for the chief executive to decide whether— (a) risk at the major hazard facility is at an acceptable level; and Reprint 3 effective 18 December 2009 Page 35

Dangerous Goods Safety Management Act 2001 Part 4 Major hazard facilities [s 47] (b) the occupier has satisfied the occupier’s obligations under this Act for the following— (i) the induction, information, supervision, education and training under section 23; (ii) the systematic risk assessment under section 41; (iii) the emergency plans and procedures under section 42; (iv) the safety management system under section 45; (v) the consultation and giving of information under section 46; (vi) other obligations prescribed under a regulation. (2) The occupier must give the safety report to the chief executive— (a) for a facility classified as a major hazard facility within 12 months after the commencement of this section—within 16 months after classification; or (b) for a facility classified as a major hazard facility more than 12 months after the commencement of this section—within 3 months after classification. (3) The occupier must review the safety report and give an update of it to the chief executive before any modification of the major hazard facility that significantly alters the risk associated with the facility is carried out. (4) However, the occupier must review the safety report and give an update of it to the chief executive at least once every 5 years. (5) The occupier must consult with the employees at the facility when preparing or updating the safety report. (6) The occupier must keep a written record of consultation happening under subsection (5). Page 36 Reprint 3 effective 18 December 2009

Part 5 Dangerous Goods Safety Management Act 2001 Part 5 Dangerous goods locations [s 48] Dangerous goods locations Division 1 Identification of dangerous goods locations 48 Meaning of dangerous goods location and large dangerous goods location (1) A place is a dangerous goods location if stated dangerous goods or combustible liquids are stored or handled at the place, or are likely to be stored or handled at the place, in quantities that are more than the minimum quantities prescribed under a regulation for this subsection. (2) However, a major hazard facility is not a dangerous goods location. (3) A dangerous goods location is a large dangerous goods location if stated dangerous goods or combustible liquids are stored or handled at the location, or are likely to be stored or handled at the location, in quantities that are more than the minimum quantities prescribed under a regulation for this subsection. (4) In this section— stated dangerous goods or combustible liquids means dangerous goods or combustible liquids prescribed under a regulation for this section. Division 2 Notification to chief executive about possible dangerous goods locations 49 Obligation to notify chief executive of possible large dangerous goods location (1) This section applies to a place if, having regard to the presence, including the likely presence, of dangerous goods or Reprint 3 effective 18 December 2009 Page 37

Dangerous Goods Safety Management Act 2001 Part 5 Dangerous goods locations [s 50] combustible liquids at the place, the occupier knows, or ought reasonably to know, that the place is a large dangerous goods location. (2) The occupier of the place must, as prescribed under a regulation, notify the chief executive, in the approved form, of information about the storage and handling of dangerous goods or combustible liquids at the place, unless the occupier has a reasonable excuse. Maximum penalty for subsection (2)—50 penalty units. 50 Obligation to comply with chief executive’s notice requiring information about possible dangerous goods location (1) This section applies to a place if— (a) the chief executive becomes aware of the presence or the likely presence of dangerous goods or combustible liquids at the place; and (b) the chief executive reasonably considers that the place is or may be a dangerous goods location. (2) The chief executive may, by notice given to the occupier of the place, require the occupier to notify the chief executive in the approved form, within the time stated in the notice, of information about the place that will indicate whether the place is a dangerous goods location. (3) The time stated in the notice must not be less than 14 days after the notice is given to the occupier. (4) The occupier must comply with the requirement, unless the occupier has a reasonable excuse. Maximum penalty for subsection (4)—50 penalty units. Page 38 Reprint 3 effective 18 December 2009

Division 3 Dangerous Goods Safety Management Act 2001 Part 5 Dangerous goods locations [s 51] Other obligations of occupiers of dangerous goods locations 51 Other obligations of occupier of dangerous goods locations (1) The occupier of a dangerous goods location has the obligations under this division. (2) These obligations are in addition to any other obligation imposed on the occupier of a dangerous goods location under this Act. 52 Emergency plans and procedures for large dangerous goods locations For section 23(2)(a), emergency plans and procedures for a large dangerous goods location must be established and documented— (a) for a location that is operational at the commencement of this section or starts operations within 12 months after the commencement of this section—within 12 months after the commencement; or (b) for a location that starts operations more than 12 months after the commencement of this section—before the location starts operations. 53 Safety management system for dangerous goods location (1) For section 23(1)(e), the safety management system for a dangerous goods location must be a documented system for managing the safety of dangerous goods and combustible liquids at the location and must contain details of— (a) the system’s safety objectives; and (b) the systems and procedures by which the objectives are to be achieved; and Reprint 3 effective 18 December 2009 Page 39

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 54] (c) the performance criteria that are to be met; and (d) the way in which adherence to the criteria is to be maintained; and (e) other matters prescribed under a regulation. (2) The safety management system must be developed and implemented— (a) for a dangerous goods location that is operational at the commencement of this section or starts operations within 12 months after the commencement—within 15 months after the commencement; or (b) for a dangerous goods location that starts operations more than 12 months after the commencement of this section—before the dangerous goods location starts operations. (3) Without limiting subsection (1), but subject to subsection (2), the occupier of a dangerous goods location must not operate the location unless there is a safety management system for the location. Part 6 Authorised officers and directives Division 1 Authorised officers 54 Appointment (1) The chief executive may appoint as authorised officers— (a) public service officers or employees; or (b) fire officers; or (c) employees of a local government; or (d) other persons prescribed under a regulation. Page 40 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 55] (2) If the administration and enforcement of a regulation is devolved to a local government, the local government’s chief executive officer may appoint an employee of the local government to be an authorised officer in relation to the administration and enforcement of the devolved regulation. 55 Qualifications for appointment The administering executive may appoint a person as an authorised officer only if— (a) the administering executive considers the person has the necessary expertise or experience to be an authorised officer; or (b) the person has satisfactorily finished training approved by the chief executive. 56 Appointment conditions (1) An authorised officer holds office on the conditions stated in the instrument of appointment. (2) An authorised officer ceases holding office— (a) if the appointment provides for a term of appointment—at the end of the term; and (b) if the conditions of appointment provide—on ceasing to hold another office (the main office ) stated in the appointment conditions. (3) An authorised officer may resign by notice of resignation given to the administering executive. (4) However, an authorised officer may not resign from the office of authorised officer (the secondary office ) if a term of the authorised officer’s employment in the main office requires the authorised officer to hold the secondary office. 57 Powers (1) An authorised officer has the powers given under this Act. Reprint 3 effective 18 December 2009 Page 41

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 58] (2) An authorised officer appointed under section 54(2) may exercise powers only for the administration and enforcement of the regulation the subject of a devolution to the local government. (3) An authorised officer is subject to the directions of the administering executive in exercising the powers. (4) An authorised officer’s powers may be limited— (a) under a condition of appointment; or (b) by notice given by the administering executive to the authorised officer; or (c) for an authorised officer appointed by the chief executive officer of a local government and without limiting paragraph (a) or (b), by a regulation. 58 Functions of authorised officers An authorised officer has the following functions relating to major hazard facilities, dangerous goods locations and the storage or handling of dangerous goods or combustible liquids— (a) to enforce this Act; (b) to monitor safety; (c) to inspect and audit places to assess whether risk is at an acceptable level; (d) to inspect and audit systems and procedures to assess whether risk is at an acceptable level; (e) to help persons to achieve the purposes of this Act by providing advice and information on how the purposes may be achieved; (f) to provide the advice and help that may be required from time to time during hazardous materials emergencies; (g) to investigate major accidents or near misses; (h) to investigate complaints. Page 42 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 59] 59 Identity cards (1) The administering executive must give each authorised officer an identity card. (2) The identity card must— (a) contain a copy of the signature, and a recent photograph, of the authorised officer; and (b) identify the person as an authorised officer under this Act; and (c) include an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other Acts. 60 Failure to return identity card A person who ceases to be an authorised officer must return the person’s identity card to the administering executive as soon as practicable (but within 21 days) after ceasing to be an authorised officer, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. 61 Production or display of identity card (1) An authorised officer may exercise a power in relation to another person only if the authorised officer— (a) first produces the authorised officer’s identity card for the other person’s inspection; or (b) has the identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card for the other person’s inspection at the first reasonable opportunity. Reprint 3 effective 18 December 2009 Page 43

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 62] Division 2 Powers of authorised officers Subdivision 1 Entry of places 62 Power to enter places (1) An authorised officer may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant; or (d) it is a major hazard facility, a dangerous goods location, or a workplace under the control of a person who has an obligation under this Act and is— (i) open for carrying on business; or (ii) otherwise open for entry; or (e) the authorised officer reasonably believes a dangerous situation exists at the place and it is urgent that the authorised officer enter it to take action to prevent, remove or minimise the danger; or (f) the entry is urgently required to investigate the circumstances of a major accident or near miss at the place. (2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) For subsection (1)(d), a workplace does not include a part of the place where a person resides. Page 44 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 63] (4) An authorised officer who enters a major hazard facility, dangerous goods location or workplace— (a) must comply with the written safety procedures for the facility, location or workplace; and (b) must not unnecessarily impede business being conducted at the facility, location or workplace. Subdivision 2 Procedure for entry 63 Entry with consent (1) This section applies if an authorised officer intends to ask the occupier of a place to consent to the authorised officer or another authorised officer entering the place. (2) Before asking for the consent, the authorised officer must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and (c) the occupier gives the authorised officer consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs an acknowledgement, the authorised officer must immediately give a copy to the occupier. (6) A court must find the occupier did not consent to an authorised officer entering the place under this part if— Reprint 3 effective 18 December 2009 Page 45

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 64] (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and (b) an acknowledgement is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 64 Application for warrant (1) An authorised officer may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. 65 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (b) the evidence is at the place, or may be at the place, within the next 7 days. (2) The warrant must state— (a) that a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and Page 46 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 66] (ii) exercise the authorised officer’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 66 Special warrants (1) An authorised officer may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised officer’s remote location. (2) Before applying for the warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought. (3) The authorised officer may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the authorised officer— (a) the magistrate must tell the authorised officer— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and (b) the authorised officer must complete a form of warrant (a warrant form ) and write on it— Reprint 3 effective 18 December 2009 Page 47

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 67] (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. (6) The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The authorised officer must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the authorised officer completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the warrant. 67 Warrants—procedure before entry (1) This section applies if an authorised officer named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is the occupier of the place by producing a Page 48 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 68] copy of the authorised officer’s identity card or other document evidencing the appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 66(6), a copy of the facsimile warrant or warrant form; (c) tell the person the authorised officer is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force. (3) However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 General powers 68 General powers after entering places (1) This section applies to an authorised officer who enters a place. (2) However, if an authorised officer enters a place to get the occupier’s consent to enter a place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised. (3) For monitoring and enforcing compliance with this Act, the authorised officer may— (a) search any part of the place; or (b) inspect, measure, test, photograph or film any part of the place or anything at the place; or (c) take a thing, or a sample of or from a thing, at the place for analysis or testing; or (d) copy a document at the place; or Reprint 3 effective 18 December 2009 Page 49

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 69] (e) take into or onto the place any persons, equipment and materials the authorised officer reasonably requires for exercising a power under this part; or (f) require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e); or (g) require a person at the place, to answer questions by the authorised officer to help the authorised officer ascertain whether this Act is being or has been complied with. (4) When making a requirement mentioned in subsection (3)(f) or (g), the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 69 Failure to help authorised officer (1) A person required to give reasonable help under section 68(3)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) If a requirement under section 68(3)(f) relates to a document, it is a reasonable excuse for the person not to comply with the requirement that complying with the requirement might tend to incriminate the person. 70 Failure to answer questions (1) A person of whom a requirement is made under section 68(3)(g) must, unless the person has a reasonable excuse, comply with the requirement. Maximum penalty—100 penalty units. (2) It is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person. Page 50 Reprint 3 effective 18 December 2009

Subdivision 4 Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 71] Power to seize evidence 71 Seizing evidence at major hazard facility, dangerous goods location or other place An authorised officer who enters a place under this part without the consent of the occupier and without a warrant, may seize a thing at the place only if the authorised officer reasonably believes the thing is evidence of an offence against this Act. 72 Seizing evidence at a place that may only be entered with consent or warrant (1) This section applies if— (a) an authorised officer is authorised to enter a place under this part only with the consent of the occupier or a warrant; and (b) the authorised officer enters the place after obtaining the necessary consent or warrant. (2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if— (a) the authorised officer reasonably believes the thing is evidence of an offence against this Act; and (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (3) If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued. (4) The authorised officer also may seize anything else at the place if the authorised officer reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being— Reprint 3 effective 18 December 2009 Page 51

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 73] (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence. (5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act. 73 Securing seized things Having seized a thing, an authorised officer may— (a) move the thing from the place where it was seized (the place of seizure ); or (b) leave the thing at the place of seizure, but take reasonable action to restrict access to it. Examples of restricting access to a thing — 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted 74 Tampering with seized things (1) If an authorised officer restricts access to a seized thing, a person must not tamper with the thing, or something restricting access to the thing, without an authorised officer’s approval. Maximum penalty—100 penalty units. (2) In this section— tamper includes attempt to tamper. 75 Powers to support seizure (1) To enable a thing to be seized, an authorised officer may require the person in control of it— (a) to take it to a stated reasonable place by a stated reasonable time; and Page 52 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 76] (b) if necessary, to remain in control of it at the stated place for a reasonable time. (2) The requirement— (a) must be made by notice; or (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by notice as soon as practicable. (3) A further requirement may be made under this section about the same thing if it is necessary and reasonable to make the further requirement. (4) A person of whom the requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (5) Subject to section 109, the cost of complying with subsection (1) or (3) must be borne by the person. 76 Authorised officer may require thing’s return (1) If an authorised officer has required a person to take a thing to a stated place by a stated reasonable time under section 75 the authorised officer may require the person to return the thing to the place from which it was taken. (2) A person of whom the requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (3) Subject to section 109, the cost of complying with subsection (1) must be borne by the person. 77 Receipts for seized things (1) As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized. Reprint 3 effective 18 December 2009 Page 53

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 78] (2) However, if for any reason it is not practicable to comply with subsection (1), the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value. 78 Forfeiture of seized things (1) A seized thing is forfeited to the State if the authorised officer who seized the thing— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subsection (1)(b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) Regard must be had to a thing’s nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. Page 54 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 79] 79 Return of seized things (1) If a thing has been seized but not forfeited, the authorised officer must return it to its owner— (a) at the end of 6 months; or (b) if a proceeding for an offence involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding. (2) However, unless the thing has been forfeited, the authorised officer must immediately return a thing seized as evidence to its owner if the authorised officer stops being satisfied its continued retention as evidence is necessary. 80 Access to seized things (1) Until a thing that has been seized is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Subdivision 5 Power to obtain information 81 Power to require name and address (1) This section applies if— (a) an authorised officer finds a person committing an offence against this Act; or (b) an authorised officer finds a person in circumstances that lead, or has information that leads, the authorised officer reasonably to suspect the person has just committed an offence against this Act. (2) The authorised officer may require the person to state the person’s name and residential address. Reprint 3 effective 18 December 2009 Page 55

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 82] (3) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse. (4) The authorised officer may require the person to give the authorised officer evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false. (5) A requirement under subsection (2) or (4) is a personal details requirement . 82 Failure to give name or address (1) A person of whom a personal details requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (2) A person does not commit an offence against subsection (1) if— (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence against this Act. 83 Power to require production of documents (1) An authorised officer may require a person who has safety obligations under this Act to make available, or produce, for inspection by the authorised officer at a reasonable time and place nominated by the authorised officer, a document to which the person has access that relates or is related to the person’s obligations under this Act. (2) The authorised officer may keep the document to copy it. Page 56 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 84] (3) If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry. (4) The authorised officer must return the document to the person as soon as practicable after copying it. (5) However, if a requirement (a document certification requirement ) is made of a person under subsection (3), the authorised officer may keep the document until the person complies with the requirement. (6) Also, an authorised officer may keep the document if the authorised officer reasonably believes it is required for the investigation of a major accident or near miss. (7) A requirement under subsection (1) is a document production requirement . 84 Failure to produce document (1) A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units. (2) It is a reasonable excuse for a person not to comply with a document production requirement if complying with the requirement might tend to incriminate the person. 85 Failure to certify copy of document (1) A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (2) It is a reasonable excuse for a person not to comply with a document certification requirement if complying with the requirement might tend to incriminate the person. Reprint 3 effective 18 December 2009 Page 57

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 86] 86 Power to require attendance of persons before an authorised officer to answer questions (1) An authorised officer may require a person to attend before the authorised officer and to answer questions— (a) relevant to the discharge of the person’s safety obligations under this Act; or (b) on safety matters relevant to the operation of a major hazard facility or dangerous goods location; or (c) to ascertain whether this Act is being complied with. (2) A requirement made of a person under this section to attend before an authorised officer must— (a) be made by notice given to the person; and (b) state a reasonable time and place for the person’s attendance. (3) When making a requirement under this section, the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse. 87 Failure to comply with requirement about attendance (1) A person of whom a requirement is made under section 86 must not, unless the person has a reasonable excuse— (a) fail to attend before the authorised officer at the time and place stated in the notice; or (b) when attending before the authorised officer, fail to comply with a requirement to answer a question. Maximum penalty—100 penalty units. (2) It is a reasonable excuse for a person to fail to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the person. Page 58 Reprint 3 effective 18 December 2009

Division 3 Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 88] Directives by authorised officers Subdivision 1 Giving directives 88 Authorised officer may give directive A directive may be given by an authorised officer, and for a matter, mentioned in subdivision 2. 89 How directive is given (1) A directive under subdivision 2 must be given in writing to the occupier of the major hazard facility or dangerous goods location to which the directive relates. (2) However, for sections 91, 96, 97 and 98, a directive is to be given to the person and in the way stated in the sections. (3) A directive, whether given orally or by notice, and any confirmation by notice of an oral directive, must state the following— (a) that the person given the directive may apply under subdivision 4 for the directive to be reviewed; (b) the name and address of the person to whom the application may be made; (c) the time for making the application. (4) Failure to comply with subsection (3) does not affect the validity of the directive. Reprint 3 effective 18 December 2009 Page 59

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 90] Subdivision 2 Matters for which directives may be given 90 Directive to carry out assessment (1) This section applies if an authorised officer reasonably suspects a risk from a major hazard facility or dangerous goods location is not at an acceptable level of risk. (2) The authorised officer may give a directive to carry out a stated assessment or to give stated information to enable the authorised officer to decide whether the level of risk is at an acceptable level of risk. 91 Directive to reduce risk (1) This section applies if an authorised officer reasonably believes a risk from a major hazard facility or dangerous goods location is not at an acceptable level of risk. (2) The authorised officer may give a directive to the occupier of the facility or location to take stated corrective or preventative action to reduce the risk to an acceptable level. (3) The directive may be given orally or by notice. (4) If the directive is given orally, the authorised officer giving the directive must confirm the directive by notice to the occupier within 2 days. (5) Failure to comply with subsection (4) does not affect the validity of the directive. 92 Directive to review safety management system If an authorised officer reasonably believes the safety management system for a major hazard facility or dangerous goods location is inadequate, the authorised officer may give a directive to review the safety management system. Page 60 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 93] 93 Directive to review systematic risk assessment If an authorised officer reasonably believes the systematic risk assessment for a major hazard facility is inadequate, the authorised officer may give a directive to review the systematic risk assessment. 94 Directive to review emergency plans and procedures If an authorised officer reasonably believes the emergency plans and procedures mentioned in section 23(2)(a) for a major hazard facility or large dangerous goods location are inadequate, the authorised officer may give a directive to review the emergency plans and procedures. 95 Directive to review safety report If an authorised officer reasonably believes the safety report for a major hazard facility is inadequate, the authorised officer may give a directive to review the safety report. 96 Directive to stop and secure storage or handling systems (1) This section applies if an authorised officer reasonably believes a storage or handling system at a major hazard facility, dangerous goods location or other place has caused, or is likely to cause, harm to a person that requires or may require treatment by a doctor. (2) The authorised officer may give a directive to the person apparently in charge of the storage or handling system to stop the operation of the system and prevent it from being further operated. (3) The directive may be given orally or by notice. (4) If the directive is given orally, the authorised officer giving the directive must confirm the directive by notice to the occupier of the facility or location within 2 days. (5) Failure to comply with subsection (4) does not affect the validity of the directive. Reprint 3 effective 18 December 2009 Page 61

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 97] 97 Directive to suspend operations for unacceptable level of risk (1) This section applies if an authorised officer reasonably believes risk from operations being conducted at a major hazard facility or dangerous goods location is not at an acceptable level. (2) The authorised officer may give a directive to the occupier of the facility or location to suspend operations in all or part of the facility or location. (3) The directive may be given orally or by notice. (4) If the directive is given orally, the authorised officer giving the directive must confirm the directive by notice to the occupier of the facility or location within 2 days. (5) Failure to comply with subsection (4) does not affect the validity of the directive. 98 Directive to isolate site (1) If an authorised officer believes it is necessary to preserve evidence after a major accident, the authorised officer may give a directive to the occupier of a major hazard facility or dangerous goods location to isolate and protect the site of the major accident. (2) The directive may be given orally or by notice. (3) If the directive is given orally, the authorised officer giving the directive must confirm the directive by notice to the occupier of the facility or location within 2 days. (4) Failure to comply with subsection (3) does not affect the validity of the directive. 99 Directive to provide independent study or audit (1) An authorised officer may give a directive to provide an independent study or audit about— Page 62 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 100] (a) risks arising out of the operation of a major hazard facility or dangerous goods location; or (b) the safety of part or all of any storage or handling system, building or other structure at a major hazard facility or dangerous goods location; or (c) a major accident or near miss at a major hazard facility or dangerous goods location; or (d) the adequacy of emergency plans, safety management systems and safety reports for a major hazard facility or dangerous goods location. (2) The directive must state— (a) the reasons for and objectives of the study or audit; and (b) that the person who undertakes the study or audit must be a person approved by the chief executive. (3) For subsection (2)(b), the chief executive may approve a person only if— (a) the person has relevant professional qualifications and experience for the study or audit; and (b) the chief executive is satisfied the person is able to provide an independent study or audit. Subdivision 3 Recording of directives and other matters 100 Records must be kept The occupier of a major hazard facility or dangerous goods location must keep an accurate record of all directives given by an authorised officer under this Act to the occupier. Reprint 3 effective 18 December 2009 Page 63

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 101] 101 Directives (1) A person to whom a directive is given must comply with the directive within the stated reasonable time in the directive or, if no time is stated, as soon as reasonably practicable. Maximum penalty—500 penalty units. (2) The occupier of a major hazard facility or dangerous goods location to which a directive relates must make a written record of the action taken to comply with the directive as soon as practicable after the action is taken. Maximum penalty—40 penalty units. (3) The occupier of a major hazard facility or dangerous goods location to which a directive relates must make the following available for inspection by employees at the facility or location— (a) a copy of each written directive given or, if the directive is given orally, a copy of the notice to the occupier confirming the directive; (b) a copy of the written record of the action taken to comply with each directive. Maximum penalty—40 penalty units. (4) A directive remains effective until— (a) it is withdrawn in writing by the authorised officer who gave it or another authorised officer; or (b) the Industrial Court stays, varies or sets aside the directive. Subdivision 4 Review of directives 102 Application for review A person who is given a directive by an authorised officer may apply under this subdivision for the directive to be reviewed. Page 64 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 103] 103 Procedure for review (1) The application must— (a) be made in writing to the administering executive; and (b) be supported by enough information to allow the administering executive to decide the application. (2) The application must be made to the administering executive within— (a) 14 days after the day on which the person received the directive; or (b) the longer period, within 2 months after the day, the administering executive in special circumstances allows. (3) The administering executive must consider the application within 7 days after receiving it and immediately advise the applicant in writing whether the administering executive considers the applicant has complied with subsection (1). (4) If the administering executive does not consider the application is supported by enough information to allow the administering executive to decide the application, the administering executive must advise the applicant what further information the administering executive requires. (5) When the administering executive is satisfied the applicant has complied with subsection (1), the administering executive must immediately advise the applicant in writing of that fact. 104 Review of directive (1) The administering executive must, within 14 days after giving the advice mentioned in section 103(5), review the directive and make a decision (the review decision )— (a) to confirm the directive; or (b) to vary or set aside the directive. (2) The administering executive’s review decision may include giving a directive in substitution for a directive the administering executive decides to set aside. Reprint 3 effective 18 December 2009 Page 65

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 105] (3) A substituted directive given under subsection (2) is effective as a directive given under this Act. (4) Within 7 days after making the review decision, the administering executive must give notice of the decision to the applicant. (5) The notice must— (a) include the reasons for the review decision; and (b) tell the applicant of the applicant’s right of appeal against the decision and how to appeal. (6) Subsection (5)(b) does not apply if the administering executive sets aside the directive without giving a directive in substitution for the directive set aside. (7) Subsection (8) applies if the administering executive does not— (a) review the directive within the time allowed under subsection (1); or (b) having reviewed the directive, advise the applicant of the review decision within the time allowed under subsection (4). (8) The administering executive is taken to have reviewed the directive and made a review decision confirming the directive. 105 Stay of operation of directive (1) If a person applies under this division for a directive to be reviewed, the person may immediately apply to the Industrial Court for a stay of the directive. (2) The court may stay the directive to secure the effectiveness of the review and any later appeal to the court. (3) A stay— (a) may be given on conditions the court considers appropriate; and (b) operates for the period fixed by the court; and Page 66 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 106] (c) may be revoked or amended by the court. (4) The period of a stay must not extend past the time when the administering executive reviews the directive and any later period the court allows the person to enable the person to appeal against the review decision. (5) An application made for a review of a directive affects the directive, or the carrying out of the directive, only if the directive is stayed. (6) However, a directive given under section 97 or 98 must not be stayed. Division 4 Immediate action to protect people, property or environment 106 Preventing injury and damage—taking direct action (1) This section applies if an authorised officer reasonably believes— (a) a dangerous situation exists at a place; and (b) the dangerous situation poses serious danger; and (c) having regard to the threat of serious danger, it is necessary for the authorised officer to take appropriate action without delay to prevent, remove or minimise the dangerous situation. (2) Subsection (1) applies even if the authorised officer has previously given a person a directive under division 3, and the time for complying with the directive has not ended. (3) The authorised officer may take, or cause to be taken, the action the authorised officer reasonably believes is necessary to prevent, remove or minimise the dangerous situation. (4) In deciding the extent of the action to be taken, the authorised officer must, to the extent that is reasonably practicable, consult with the occupier of the place and the administering executive. Reprint 3 effective 18 December 2009 Page 67

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 107] (5) As soon as practicable after taking the action or causing it to be taken, the authorised officer must immediately— (a) prepare a report that includes a statement of reasons for taking the action, the action taken and any damage to property because of the action; and (b) give the occupier a copy of the report. (6) The action an authorised officer may take includes asking someone the authorised officer reasonably believes has appropriate knowledge and experience to help the authorised officer prevent, remove or minimise the dangerous situation. (7) A person asked under subsection (6) to help an authorised officer is taken to have the powers of an authorised officer to the extent reasonably necessary for the person to help prevent, remove or minimise the dangerous situation. 107 Recovery of costs of government action (1) This section applies if, under section 106, an authorised officer has taken, or caused to be taken, action to prevent, remove or minimise a dangerous situation. (2) If the State or a local government incurs costs because of the action taken to prevent, remove or minimise the dangerous situation, the State or local government may recover the costs reasonably incurred in dealing with the situation as a debt owing to the State or local government. (3) For recovering the costs, the State or a local government must act under section 107A and the right to recover the costs is subject to section 107A(4). (4) The costs are recoverable jointly and severally from the following (each a prescribed person )— (a) a person who caused or permitted the dangerous situation; (b) a person who, at the time the dangerous situation existed, was— Page 68 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 107A] (i) an occupier of the place where the dangerous situation existed; or (ii) a person who owned, or was in control of, the hazardous materials involved in the dangerous situation; (c) if a cost recovery notice is issued to a corporation (the first corporation ) in relation to a dangerous situation and it fails to pay the amount claimed under the notice— (i) a parent corporation of the first corporation; or (ii) an executive officer of the first corporation. (5) This section does not limit the powers the State or a local government has apart from this Act. (6) In this section— costs includes labour, equipment and administrative costs and expenses. 107A Cost recovery notice (1) If the State or a local government (the claimant ) may recover costs under section 107, it may issue a notice (a cost recovery notice ) to a person the claimant reasonably believes to be a prescribed person claiming a stated amount for the costs. (2) The notice must state the following— (a) the name of the person to whom the notice is issued; (b) a description of the dangerous situation to which the notice relates; (c) the place where the dangerous situation existed; (d) the amount claimed; (e) a description of costs giving rise to the claimed amount; (f) that if the person does not pay the amount to the claimant within 30 days after the day the notice is Reprint 3 effective 18 December 2009 Page 69

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 107A] issued, the claimant may claim the amount from the person as a debt; (g) the name, address and contact details of the claimant; (h) that the person may appeal against the decision to issue the notice; (i) how the person may appeal. (3) Subject to subsection (4), if the person does not pay the amount to the claimant within 30 days after the day the notice is issued, the claimant may claim the amount from the person as a debt. (4) The amount is not payable— (a) if the person to whom the cost recovery notice was issued (the recipient ) is not a prescribed person; or (b) if the dangerous situation was caused by a natural disaster; or (c) if— (i) the dangerous situation was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and (ii) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the dangerous situation, having regard to all the circumstances including the nature of the recipient’s connection with the situation; or (d) for a recipient who is a prescribed person mentioned in section 107(4)(c)(i), if the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or (e) for a recipient who is a prescribed person mentioned in section 107(4)(c)(ii), if— (i) the recipient took all reasonable steps to ensure the first corporation paid the amount claimed under the notice served on the first corporation; or Page 70 Reprint 3 effective 18 December 2009

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 107B] (ii) the recipient was not in a position to influence the conduct of the first corporation in relation to its paying the amount claimed under the notice served on the first corporation. (5) To the extent that the recipient pays an amount in compliance with the cost recovery notice but did not cause or permit the dangerous situation to happen, the recipient may recover the amount as a debt from another person who caused or permitted the dangerous situation to happen. (6) In this section— first corporation see section 107(4)(c). 107B Cost recovery notice issued to several persons If a cost recovery notice is issued to 2 or more persons— (a) a copy of the notice must be given to each person; and (b) the amount claimed in the notice is payable by the persons jointly and severally. Division 5 General enforcement matters 108 Notice of damage (1) This section applies if— (a) an authorised officer damages property when exercising or purporting to exercise a power; or (b) a person (the other person ) acting under the direction or authority of an authorised officer damages property. (2) The authorised officer must immediately give written notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property. (3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the Reprint 3 effective 18 December 2009 Page 71

Dangerous Goods Safety Management Act 2001 Part 6 Authorised officers and directives [s 109] authorised officer’s or other person’s control, the authorised officer may state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subsection (2), the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This section does not apply to— (a) damage the authorised officer reasonably believes is trivial; or (b) damage because of action under section 106. (6) In this section— owner , of property, includes the person in possession or control of it. 109 Compensation (1) If a person incurs loss or expense because of the exercise or purported exercise of a power under division 2 or 4, the person may claim compensation— (a) for the exercise or purported exercise of a power by or for the State—from the State; or (b) for the exercise or purported exercise of a power by or for a local government—from the local government. (2) Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under division 2. (3) Compensation may be claimed and ordered to be paid in a proceeding— (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or (b) for an offence against this Act brought against the person claiming compensation. Page 72 Reprint 3 effective 18 December 2009