Victorian Numbered Acts Victorian Numbered Actss. 15
In Schedule 2 to the Dangerous Goods Act 1985 —
(a) for clause 27(a) substitute —
"(a) the manufacture, storage, sale, use, handling or transfer of dangerous goods;";
(b) after clause 27 insert —
"27A. Without limiting any other powers to make regulations about dangerous goods—
(a) prohibiting or regulating the import, export, supply or disposal of high consequence dangerous goods;
(b) prohibiting the import, export, supply or disposal of high consequence dangerous goods in particular circumstances, or otherwise than in accordance with specified conditions;
(c) requiring licences to be obtained by persons in relation to the import, export, supply or disposal of high consequence dangerous goods;
(d) authorising licences to be issued with respect to all or any activity concerning high consequence dangerous goods required to be licensed;
(e) the employment or prohibition of the employment of persons under a specified age in or in connexion with the import, export, supply or disposal of high consequence dangerous goods;
(f) requiring persons to obtain
permits for the handling of or access to high consequence dangerous goods,
prescribing the form of application for the permits, the fees which shall be
paid for the application for and the issue of the permits, the transfer of
permits and the issue of duplicates of the permits, the renewal and amendment
of the permits, the conditions, limitations and restrictions which may be or
are required to be inserted in the permits, the periods of time for which the
permits remain in force, exemptions from the holding of the permits, the
persons who may issue the permits and the amendment, suspension and revocation
of the permits;
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(g) requiring persons applying to obtain permits for the handling of or access to high consequence dangerous goods to provide consent and sufficient information to the Authority for the Authority to obtain known information within the meaning of section 21A concerning the person to determine whether the person is suitable to handle or have access to high consequence dangerous goods;
(h) any act, matter or thing in, at or on any premises used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods;
(i) the mode of construction of any building or structure used or intended to be used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods and requiring the installation and operation of prescribed apparatus or equipment for collecting or preventing the accumulation of dusts, vapours, fumes and gases from high consequence dangerous goods;
(j) prescribing safety distances to
separate buildings, structures, containers, equipment or appliances used or
intended to be used for or in connexion with the import, export, supply or
disposal of high consequence dangerous goods from—
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(i) each other;
(ii) roads, streets, paths, railway lines and public places;
(iii) any other place or structure where the public or the place or structure is likely to be endangered by the proximity of the buildings, structures, containers, equipment or appliances or where the place or structure is likely to constitute a hazard to the buildings, structures, containers, equipment or appliances;
(k) the training or courses to be undergone or taken by any persons who are self-employed or employed in or in connexion with the export, supply or disposal of high consequence dangerous goods or who handle or have access to high consequence dangerous goods, the method of approval of the training or courses and the qualifications and registration required to be held by those persons;
(l) prescribing warning notices, instructions or information to be displayed in, on or at any premises, vehicles, ships or boats used for or in connexion with the import, export, supply or disposal of high consequence dangerous goods, the nature and location of such notices, instructions or information and the circumstances in which they are to be displayed or not displayed;
(m) records to be kept by specified persons in respect of the export, supply or disposal of high consequence dangerous goods, the nature of such records and the circumstances in which they are to be kept;
(n) generally prohibiting or regulating access to explosives or high consequence dangerous goods on security grounds or prohibiting or regulating access on security grounds to premises or a place where explosives or high consequence dangerous goods are imported to, exported from, manufactured, stored, sold, supplied, used, handled or transferred, transported or disposed of.
27B. Without limiting the powers to prescribe or provide for or with respect to conditions, limitations or restrictions on licences—
(a) the imposition of conditions as to notifications to the Authority about activities under the licence;
(b) the imposition of conditions as to records to be kept and notified to the Authority;
(c) the imposition of limitations or
restrictions on the activities carried out under the licence;
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(d) the imposition of conditions as to notifications by a person who holds an HCDG licence to the Authority if the person no longer has a lawful need for access to high consequence dangerous goods that are specified in the person's licence;
(e) the imposition of a condition that a person who holds an HCDG licence must ensure that no person has access to high consequence dangerous goods that the licence relates to unless—
(i) the person is under the supervision of another person who holds an HCDG licence; or
(ii) the person holds an HCDG licence; or
(iii) the person has a permit issued under the regulations to have that access.";
(c) in clause 30, for "Transfer" substitute "Prohibit or regulate the transfer";
(d) in clause 56, after "explosives" insert "or high consequence dangerous goods";
(e) in clause 57, after "into Victoria" (wherever occurring) insert "or the export out of Victoria";
(f) in clauses 57, 65, 66 and 67, after "explosives" (wherever occurring) insert "or high consequence dangerous goods";
(g) in clauses 65, 66 and 67, after "into Victoria" insert "or exported out of Victoria".