Victorian Consolidated Regulations

Dangerous Goods (HCDG) Regulations 2005 - SECT 208

Effect of licence and conditions

208. Effect of licence and conditions



(1) An HCDG licence authorises the licensee to engage in the activities
specified in the licence, for the term specified in the licence, subject to
any condition, limitation or restriction specified in the licence or set out
in these Regulations.

(2) Without limiting subregulation (1), the Authority may impose a condition
that measures to control security risks must be implemented by a specified
date that is not later than 12 months after the licence is issued.

(3) An HCDG licence is valid only-

   (a)  for the period specified in the licence or 5 years from the date of
        issue of the licence (whichever occurs first);

   (b)  in respect of the person to whom it is issued;

   (c)  in the case of a licence held by a body corporate, while there
        continues to be a person nominated under the licence who has satisfied
        the requirements prescribed for the purposes of section 21A(3)(b) of
        the Act;

   (d)  while there continues to be a person nominated under the licence who
        is responsible for the security of the HCDG and who has satisfied the
        requirements prescribed for the purposes of section 21A(3)(c) of the
        Act;

   (e)  in the case of a licence held by a natural person, if the licensee
        continues to generally use and be known by the name specified in the
        licence;

   (f)  in respect of the HCDG specified in the licence;

   (g)  in respect of the lawful need or needs specified in the licence.

(4) It is a condition of an HCDG licence that-

   (a)  the licensee must not allow any person to have unsupervised access to
        HCDG in the possession or under the control of the licensee unless
        that person holds a permit under Part 3 to have the access and the
        person is nominated on the security plan in relation to the licence;

   (b)  a licensee who no longer has a lawful need for access to the HCDG
        specified in the licence must, as soon as practicable, notify the
        Authority in writing accordingly;

   (c)  the licensee must observe the requirements of, and the procedures
        specified in, any security plan in relation to the licence.