Dangerous Goods Safety Act 2004

A DGO may give a person a remediation notice if the DGO suspects on reasonable grounds one or more of the following matters —

that the person has contravened this Act in circumstances that make it likely that the contravention will be repeated;

that the person is contravening, or is about to contravene, this Act;

that a dangerous goods incident has occurred at a place or in or on a vehicle and that the person is involved in the control or management of the place or vehicle;

that there is or is about to be at a place, or in or on a vehicle, a dangerous situation and that the person is involved in the control or management of the place or vehicle;

that the whole or a part of the site, or of any building, structure, plant, equipment or thing on the site, or that any activity on the site, is unsafe;

that the person is under a duty to prepare a safety management document and that the document has not been prepared properly, or is inadequate or ineffective.

A remediation notice must —

be in writing;

identify the person to whom it is directed, whether by name or a sufficient description;

state which of the matters in subsection (1) are suspected;

if a contravention of a provision of this Act is suspected, specify the provision concerned and the grounds for the suspicion;

specify the measures that the person must take;

if the measures relate to a place or vehicle, specify the place or vehicle;

if the measures relate to specific dangerous goods, plant or equipment, specify the goods, plant or equipment;

specify a date that is at least 7 days after the date of the notice on or before which the measures are to be taken, unless the Chief Officer has given an approval under section 48(1); and

explain the effect of sections 49 and 54.

The measures specified in a remediation notice must be ones that are reasonably necessary to —

remedy the matter suspicion of which has given rise to the notice; and

ensure the safe storage, handling or transport of the dangerous goods involved.

Without limiting subsection (3), the measures may include —

requiring a person who has the control or management of a place —

to stop storing or handling all or specific dangerous goods at the place;

to stop the operation of all or specific plant or equipment at the place;

to isolate the place or a part of the place;

requiring a person who has the control or management of a vehicle to stop using it to transport all or specific dangerous goods,

In the case of an unoccupied place or unattended vehicle, a remediation notice may be given to the person concerned by fixing it securely to the place or vehicle in a conspicuous position.

A DGO may at any time cancel or amend a remediation notice.

A person who has been given a remediation notice must comply with it.

for an individual, $10 000;

for a body corporate, $50 000.