DANGEROUS GOODS ACT 1985 - SECT 17K Inspector may issue direction concerning damaged or spilled dangerous goods

DANGEROUS GOODS ACT 1985 - SECT 17K

    (1)     This section applies if an inspector believes on reasonable grounds that danger to any person or property exists, or may arise, from any dangerous goods—

        (a)     that are damaged or spilled; or

        (b)     that are in a container that is damaged; or

        (c)     that are in a container that is dislodged from a vehicle, ship or boat.

    (2)     An inspector may issue a direction to the owner, or the person in possession or control, or who last had possession or control, of the dangerous goods or container—

        (a)     to render harmless the dangerous goods or container; or

        (b)     to dispose of, or remove, the spilled dangerous goods and render harmless anything contaminated by them—

by safe means within the period of time specified in the direction.

S. 17K(3) amended by No. 38/2019 s. 3.

    (3)     A person must not, without reasonable excuse, refuse or fail to comply with a direction issued under subsection (2).

Penalty:     500 penalty units for a natural person;

2500 penalty units for a body corporate.

    (4)     If the inspector believes on reasonable grounds that there is an immediate danger to any person or property, the inspector may take any action that he or she considers necessary for—

        (a)     the destruction, rendering harmless, disposal or removal of the dangerous goods or container; or

        (b)     the destruction or rendering harmless of anything contaminated by the spilled dangerous goods.

    (5)     The inspector may also take any action described in subsection (4) if—

        (a)     the inspector has issued a direction under subsection (2) in relation to the dangerous goods or container, or any thing contaminated by the dangerous goods, and he or she believes on reasonable grounds that the person to whom the direction was issued—

              (i)     has failed to comply with the direction; or

              (ii)     is likely to use unsafe means to render harmless, dispose of or remove the dangerous goods, container or thing—

within the period of time specified in the direction; or

        (b)     the inspector believes on reasonable grounds that a direction under subsection (2)—

              (i)     cannot be served on the owner or any other person to whom the direction may be issued; or

              (ii)     cannot be served on the owner or such a person without a delay which may increase the danger to any person or property that exists or that may arise from the dangerous goods, container or thing; or

        (c)     the owner of the dangerous goods, container or thing authorises the inspector in writing to destroy, render harmless, dispose of or remove the dangerous goods, container or thing.

    (6)     If an inspector takes any action under subsection (4) or (5), the Authority may recover the costs of that action—

        (a)     if the dangerous goods, container or thing was or were present at a place other than a vehicle, ship or boat—from any occupier of the place; or

        (b)     if the dangerous goods, container or thing was or were present on a vehicle, ship or boat—from the owner of the vehicle, ship or boat.

Pt 2 Div. 9 (Heading) inserted by No. 31/2005 s. 12.

Division 9—Other powers

S. 18 amended by No. 13/1996 s. 22(f), substituted by No. 31/2005 s. 12.