Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997

i Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 S.R. No. 11/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Substitution of regulation 110 1 110. Conditional exemption from provisions of the Regulations 2 ═══════════════ NOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 1997 S.R. No. 11/1997 Dangerous Goods Act 1985 Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 The Governor in Council makes the following Regulations: Dated: 11 February 1997 Responsible Minister: ROGER M. HALLAM Minister for Finance A. WILTSHIRE Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the exemption provisions in the Dangerous Goods (Storage and Handling) Regulations 19891 . 2. Authorising provision These Regulations are made under section 52 of the Dangerous Goods Act 1985. 3. Substitution of regulation 110 For regulation 110 of the Dangerous Goods (Storage and Handling) Regulations 1989 substitute— -- 2 of 6 -- S.R. No. 11/1997 Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 2 '110. Conditional exemption from provisions of the Regulations (1) For the purposes of this regulation— "major hazard facility" means a premises that is— (a) a major hazard facility according to section 4.1 of the National Standard for the Control of Major Hazard Facilities; or (b) a premises classified to be a major hazard facility by the Authority in accordance with section 5.6(a) of the National Standard for the Control of Major Hazard Facilities; and "National Standard for the Control of Major Hazard Facilities" means the National Standard for the Control of Major Hazard Facilities declared by the National Occupational Health and Safety Commission, as amended from time to time. (2) The Authority may, subject to any conditions specified by it— (a) exempt particular premises, things or activities or a person or class of people, premises, things or activities from any or all of the provisions of these Regulations if the Authority is satisfied— (i) that compliance with the relevant provision or provisions is not in the circumstances practicable; and r. 3 -- 3 of 6 -- S.R. No. 11/1997 Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 3 (ii) that the safety or health of people or the safety or property will not be adversely affected; or (b) exempt an occupier or licensee of a major hazard facility from any or all of the provisions of these Regulations in respect of that major hazard facility if the Authority is satisfied that the safety or health of people or the safety of property will not be adversely affected. (3) In relation to an exemption under sub- regulation (2)(b) the Authority— (a) in specifying conditions; and (b) in satisfying itself that the safety or health of people or the safety of property will not be adversely affected— must have regard to the provisions of the National Standard for the Control of Major Hazard Facilities. (4) An exemption granted by the Authority under this regulation must be in writing and must specify— (a) the things and activities for which the exemption has been granted; and (b) the person or class of people to whom the exemption has been granted; and (c) the premises or class of premises for which the exemption has been granted; and (d) the provisions of these Regulations for which the exemption has been granted; and r. 3 -- 4 of 6 -- S.R. No. 11/1997 Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 4 (e) the conditions (if any) to which the exemption is subject. (5) A person to whom an exemption has been issued must comply with each specified condition that applies to the exemption. Penalty: In the case of a body corporate— 400 penalty units. In any other case—100 penalty units. (6) For the purposes of this regulation and any exemption issued under this regulation, including any conditions associated with the exemption, a reference in the National Standard for the Control of Major Hazard Facilities to— (a) "operator" has the same meaning as "occupier" or "licensee" in these Regulations; and (b) "relevant public authority" has the same meaning as "Authority" in these Regulations.'. ═══════════════ r. 3 -- 5 of 6 -- S.R. No. 11/1997 Dangerous Goods (Storage and Handling) (Amendment) Regulations 1997 5 NOTES 1 S.R. No. 323/1989. Reprinted (No. 1) to S.R. No. 35/1993 and subsequently amended by S.R. Nos 182/1995 and 29/1996. Table of applied, incorporated or adopted matter Statutory Rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 3. National Standard for the Control of Major Hazard Facilities [NOHSC:1014(1996)] The whole. Notes -- 6 of 6 --