Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 17K

Inspector may issue direction concerning damaged or spilled dangerous goods

17K. Inspector may issue direction concerning damaged or spilled dangerous
goods



(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.

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

Penalty: 100 penalty units for a natural person; 400 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.

Division 9-Other powers