- Act 50 of 2005 - Royal Assent 1 December 2005 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation 4. References to codes, &c. 5. Meaning of "dangerous substance" 6. Meaning of "dangerous goods" 7. Meaning of "combustible liquid" 8. Meaning of "chemical" 9. What constitutes the handling of dangerous substances? 10. Scope of Act 11. Act binds Crown 12. Inconsistencies, &c., with other Acts PART 2 - Safety Obligations Division 1 - Preliminary 13. Safety obligations 14. Achieving acceptable levels of risk 15. Discharge of obligations 16. Obligations may be owed in more than one capacity 17. Obligations are owed even if others also have them 18. How to discharge obligations if there are regulations or approved codes of practice 19. How to discharge obligations if there are no regulations or approved codes of practice Division 2 - Obligations of occupiers and others 20. Obligations of occupiers regarding risk reduction 21. Obligations of occupiers regarding emergency plans and procedures 22. Obligations of employees and other persons 23. Obligations of manufacturers, importers and suppliers of dangerous substances 24. Obligations of designers, manufacturers, importers, suppliers and installers of handling systems 25. Obligations of suppliers and installers regarding known hazards, &c. Division 3 - Defences 26. Defences for Division 1 or 2 PART 3 - Codes of practice 27. Minister may approve codes of practice 28. Use of codes of practice in proceedings PART 4 - Major Hazard Facilities Division 1 - Classification of facilities as major hazard facilities 29. Meaning of "major hazard facility" and "possible major hazard facility" 30. Classification of facilities as major hazard facilities 31. Procedure for classifying facilities as major hazard facilities 32. Declassification of major hazard facilities Division 2 - Notification of possible major hazard facilities 33. Obligation of occupiers to notify Secretary of existing possible major hazard facilities 34. Obligation of occupiers to notify Secretary of new possible major hazard facilities 35. Obligation of occupiers to notify Secretary of certain upgrades of facilities 36. Obligation of occupiers to notify Secretary of modifications of major hazard facilities 37. Obligation of occupiers to give Secretary required information about possible major hazard facilities Division 3 - Other obligations of occupiers of major hazard facilities 38. Obligation of occupiers to carry out systematic risk assessments 39. Obligation of occupiers regarding emergency plans and procedures 40. Obligation of occupiers to consult about emergency plans and procedures 41. Obligation of occupiers regarding education and training 42. Obligation of occupiers regarding safety management systems 43. Obligation of occupiers to consult and give information about safety measures 44. Obligation of occupiers to give safety reports to Secretary 45. Obligation of occupiers to report, &c., dangerous substances emergencies 46. Obligation of occupiers to record dangerous situations PART 5 - Dangerous substances locations Division 1 - Identification of dangerous substances locations 47. Meaning of "dangerous substances location" and "large dangerous substances location" Division 2 - Notification of possible dangerous substances locations 48. Obligation of occupiers to notify Secretary of possible large dangerous substances locations 49. Obligation of occupiers to give Secretary required information about possible dangerous substances locations Division 3 - Other obligations of occupiers of dangerous substances locations 50. Obligation of occupiers regarding emergency plans and procedures 51. Obligation of occupiers regarding safety management systems 52. Obligation of occupiers to report, &c., dangerous substances emergencies 53. Obligation of occupiers to record dangerous situations PART 6 - Administration and enforcement Division 1 - Secretary 54. Powers of Secretary Division 2 - Authorised officers 55. Appointment of authorised officers 56. Powers of authorised officers 57. Identification of authorised officers 58. Delegation 59. General powers of inspection, &c., of authorised officers 60. Authorised officers may require names and addresses 61. Powers of authorised officers regarding suspected offences 62. Authorised officers to restore premises, &c., to original condition after inspections 63. Offence to obstruct, &c., authorised officers 64. Offence to fail to comply with authorised officer's directions 65. Self-incrimination no excuse Division 3 - Directions by authorised officers 66. Authorised officers may give directions 67. Procedure for giving directions 68. Directions to carry out risk assessments 69. Directions to reduce risks 70. Directions to review safety management systems 71. Directions to review systematic risk assessments 72. Directions to review emergency plans and procedures 73. Directions to review safety reports 74. Directions to stop and secure handling systems 75. Directions to suspend operations for unacceptable levels of risk 76. Directions to isolate sites 77. Directions for independent studies or audits 78. Offence not to comply with directions 79. Obligation of occupiers to make directions available for inspection by employees Division 4 - Preventative measures and other matters 80. Taking urgent direct action to prevent dangerous situations causing serious harm 81. Recovery of costs of government action PART 7 - Offence proceedings and related matters 82. Time limit for prosecuting offences 83. Authorised officers may prosecute offences 84. Analysts 85. Evidentiary matters 86. Responsibility for acts or omissions of representatives 87. Offences by bodies corporate 88. Recovery of investigation costs from convicted persons 89. Prohibiting convicted persons from involvement in handling of dangerous substances 90. Forfeiture PART 8 - Miscellaneous 91. Applications for review of decisions 92. False or misleading statements, &c. 93. Delegation of Minister's power to Secretary 94. Protection from liability 95. Assistance in emergencies or accidents 96. Status of Gazette notices 97. Service of documents 98. Regulations 99. Minister to notify adoption of codes, &c., by regulation 100. Administration of Act SCHEDULE 1[ Note: This table has been automatically generated and may be incomplete. ]