Victorian Consolidated Legislation

Dangerous Goods Act 1985 - SECT 21

PART III LICENCES

Licences

21. Licences



(1) Where a person is required by the regulations to hold a licence, the
Authority may issue a licence to that person.

(2) A person who does not hold a licence and who carries out any action (other
than an action to which section 21AA(9) refers) in respect of which a licence
is required by the regulations to be held by that person is guilty of an
offence.

(3) Where the regulations require the occupier of premises containing a
prescribed quantity or class of dangerous goods to hold a licence, the
Authority may require the applicant for such a licence-

   (a)  to carry out such investigations, including hazard analysis studies
        and risk evaluation studies, as the Authority thinks fit;

   (b)  to carry out any such studies to a standard acceptable to the
        Authority and in such detail as the Authority may direct; and

   (c)  where the Authority is not satisfied with the standard, content or
        detail of any such studies carried out by the applicant, to bear the
        costs of further investigations to be carried out by consultants
        appointed by the Authority.

(4) Subject to subsection (5), a licence shall, unless previously suspended or
revoked, remain in force for the prescribed period and may be renewed by the
Authority for a prescribed period on receipt by the Authority of a written
application for renewal from the licensee.

(5) Where on application by a licensee another licence of the same class as
that which the licensee already holds is issued to that licensee and-

   (a)  the applicant requests; or

   (b)  the Authority determines-





that the other licence be issued for a period expiring on the date on which
the licence or licences already held expires or expire, then that other
licence, unless previously suspended or revoked, shall remain in force for
such period as the Authority thinks fit.

(5A) The Authority must decide an application for issue or renewal of a
licence within a reasonable period.





(6) The Authority may refuse to issue a licence or to renew a licence-



   (a)  where the Authority believes that the risk of injury or damage to
        persons or property which may be incurred by an accident involving
        dangerous goods is too great in the circumstances to justify the issue
        or renewal; or

   (b)  where the Authority considers that the applicant is not a suitable
        person to hold the licence.

(7) Where the Authority decides to refuse to issue or renew a licence, the
Authority shall send by post to the applicant written notice of the refusal
setting out the reasons for the refusal.

(8) A notice under subsection (7) shall be sent no less than two months before
the expiry date of the licence unless the application for renewal is received
by the Authority less than two months before the expiry date of the licence.