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WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 1

WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 1

Schedule 1     Application of Act to dangerous goods and high risk plant

(see  s 12AA)

1         This Act applies to the storage and handling of dangerous goods even if the dangerous goods are not at a workplace or for use in carrying out work.

Note     A reference to an Act includes a reference to statutory instruments made or in force under the Act, including a regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act

, s 104).

2         For the purposes of section 1, a reference in this Act to—

        (aa)     a person conducting a business or undertaking includes a reference to a person in control of premises where the dangerous goods are stored or handled; and

        (ab)     a business or undertaking, or the conduct of a business or undertaking, includes a reference to the storage or handling of dangerous goods; and

        (ac)     a worker includes a reference to a person at the premises at or in which the dangerous goods are stored or handled; and

        (a)     carrying out work includes a reference to the storage or handling of dangerous goods; and

        (b)     a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled; and

        (ba)     a work environment includes a reference to the environment at the premises at or in which the dangerous goods are stored or handled; and

        (c)     work health and safety (however expressed) includes a reference to public health and safety; and

        (d)     a business address includes a reference to the address of the premises where the dangerous goods are stored or handled.

3         This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work.

4         For the purposes of section 3

        (a)     a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety; and

        (b)     a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used; and

        (c)     a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.

5         The operation of this schedule is subject to any exclusions or modifications prescribed by regulation.

6         In this schedule:

"dangerous goods "means anything prescribed by regulation as dangerous goods.

"high risk plant "means plant prescribed by regulation as high risk plant.

"premises "includes a vehicle, vessel, aircraft or other mobile structure.