Victorian Consolidated Regulations

For ease of reference only, definitions (but not other parts of speech and grammatical forms of a word or phrase defined) appear in bold in the text. Section 39 of the Interpretation of Legislation Act 1984 provides that where a word or phrase is given a particular meaning in an Act or subordinate instrument, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. - SECT 410

Design of new premises, plant, processes and systems of work

410. Design of new premises, plant, processes and systems of work



(1) An occupier must not use new premises or use new plant, processes or
systems of work in any premises for the storage and handling of dangerous
goods, unless the occupier has first ensured that the new premises or the new
plant, processes or systems of work have been designed to-

   (a)  eliminate the risk associated with the storage and handling of
        dangerous goods; and

   (b)  if it is not practicable to eliminate the risk, reduce the risk so far
        as is practicable.

(2) For the purposes of complying with subregulation (1), the occupier must-

   (a)  have regard to the provisions of this Part; and

   (b)  ensure that-

   (i)  any hazard associated with the design of the premises, plant,
        processes or systems of work is identified having regard to the
        matters specified in regulation 404(2); and

   (ii) any risk associated with the design of the premises, plant, processes
        or systems of work has been assessed having regard to the matters
        referred to in regulation 404(2); and

   (iii) a record of the risk assessment is made and kept for so long as the
        assessment is current.

(3) In this regulation, premises, plant, processes and systems of work are new
if-

   (a)  whether or not they are newly constructed, commissioned or
        established, they have not previously been used for the storage and
        handling of dangerous goods; and

   (b)  where they have been previously so used, they are to be altered in a
        way that ought reasonably be expected to create a new or different
        risk associated with that use.

Subdivision 2-Workers and visitors