Power to destroy, &c., certain dangerous goods
21 Power to destroy, &c., certain dangerous goods
(1) The Competent Authority or an officer appointed under section 17(1) may, if he or she reasonably believes that it is necessary in the public interest or for the safety of a person:
(a) dispose of, destroy or render safe dangerous goods or plant, installations or containers used in the handling of dangerous goods;
(b) render safe a place, premises or vehicle where or in or on which dangerous goods have been or are being handled; or
give directions to a person in respect of:
(i) the disposal, destruction or rendering safe of dangerous goods, plant, installations or containers; or
rendering safe of a place, premises or vehicle.
An officer may only take action under subsection (1) where:
(a) the officer has the written authority of the person in charge of the dangerous goods, plant, installations, container, place, premises or vehicle or the person's agent;
the officer has the consent of the Competent Authority; or
the officer reasonably believes that:
there is imminent danger to a person or property; or
(ii) a dangerous situation is occurring, has occurred or is about to occur.
(3) The cost of disposing of, destroying or rendering safe dangerous goods or plant, installations or containers or rendering safe a place, premises or vehicle, under subsection (1) is:
a debt due and payable to the Territory; and
(b) recoverable jointly and severally from each person in charge of the dangerous goods.
(4) A certificate purporting to be signed by the Competent Authority or an officer appointed under section 17(1) specifying the cost of disposing of, destroying or rendering safe dangerous goods or plant, installations or containers or rendering safe a place, premises or vehicle under subsection (1) is evidence of the cost.
This Act’s bill:Second reading speech
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