Victorian Consolidated Regulations

Dangerous Goods (HCDG) Regulations 2005 - SECT 201

PART 2 HCDG LICENCES

Who requires a licence?

201. Who requires a licence?



(1) A person must not import, export, manufacture, store, sell, supply, use,
handle, transfer, transport or dispose of HCDG unless the person-

   (a)  holds a valid HCDG licence authorising the person to undertake those
        activities; or

   (b)  holds a valid permit under Part 3 to have unsupervised access to HCDG
        and is named in the security plan of the relevant HCDG licensee and is
        authorised by the licensee in relation to that activity; or

   (c)  is supervised by an authorised person.

(2) The requirement to hold a licence to store, use, handle, dispose of or
transport HCDG does not apply to a person who stores, uses, handles, disposes
of or transports HCDG on behalf of an educational or research institution or a
laboratory if-

   (a)  the institution or laboratory is in a class of institution or
        laboratory approved in writing by the Authority for the purposes of
        this subregulation; and

   (b)  the person-

   (i)  stores, uses, handles, disposes of or transports not more than the
        approved quantity of HCDG that has been approved in writing by the
        Authority for the purposes of this subregulation; and

   (ii) does so for the purposes of educational instruction or scientific
        research or testing.

(3) The requirement to hold a licence to transport HCDG does not apply to the
transport of¾

   (a)  less than the quantity of an HCDG that has been approved in writing by
        the Authority for the purposes of this paragraph;

   (b)  less than the quantity of an HCDG that has been approved in writing by
        the Authority for the purposes of this paragraph in a non-stop journey
        if the transport is by a person who holds a primary producer licence
        for the HCDG;

   (c)  HCDG that has been approved in writing by the Authority for the
        purposes of this paragraph by a person who holds a primary producer
        licence if the person transports the HCDG to which the licence relates
        across a public highway which divides the property from one part of
        the property specified on the licence to another part;

   (d)  HCDG by a person within the boundaries of that person's property.

(4) In subregulation (3) a reference to a non-stop journey is a reference to a
journey undertaken on a public highway or waterway transporting HCDG from one
secure store or secure site to another or to a site where it is to be used
during which the HCDG is kept under constant surveillance.

(5) An approval by the Authority under subregulation (2) or (3) that does not
relate to a person or body named in the approval must be published in the
Government Gazette and on the Internet on a website maintained by the
Authority.