STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SECT 34 Amendment of Dangerous Goods Regulations

STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SECT 34

(1)     This section amends the Dangerous Goods Regulations .

(2)     Regulation 214(3) –

    omit

    a Fire District within the meaning of the Fire Service Act

    substitute

    an emergency response area within the meaning of the Fire and Emergency Act

(3)     Regulations 220A and 221 –

repeal, substitute

221.     Variation of regulation requirements

    (1)     The Competent Authority may, by notice in writing to the occupier of the land on which dangerous goods are stored or to the owner of dangerous goods –

    (a)     exempt the person from complying with these Regulations; or

    (b)     modify or vary these Regulations in the manner and in accordance with any conditions specified in the notice.

    (2)     The Competent Authority must not issue a notice under subregulation (1) unless satisfied –

    (a)     it is not practicable for the person to comply with these Regulations; and

    (b)     the exemption from, modification or variation of these Regulations will not adversely affect the safety, health or welfare of persons handling the dangerous goods.

    (3)     The Competent Authority may issue a notice under

subregulation (1) on its own initiative or on application made by the person.

    (4)     A person who handles dangerous goods in accordance with a notice under subregulation (1) is taken to have complied with these Regulations.

    (5)     If an occupier of land on which dangerous goods are or an owner of dangerous goods considers that compliance with a provision of these Regulations is not reasonably practicable and a modification, variation or exemption of the provision would not adversely affect the safety, health or welfare of persons handling the goods, the person may apply to the Competent Authority for a modification, variation or exemption of the provision in accordance with this regulation.