Australian Capital Territory Current Acts

DANGEROUS SUBSTANCES ACT 2004 - SECT 34

    (1)     A person in control of plant or a system for handling a dangerous substance must—

        (a)     ensure that a safety management system for the handling of the substance by the plant or system is prepared and documented; and

        (b)     take all reasonable steps to ensure that—

              (i)     the safety management system is implemented and kept up to date; and

              (ii)     everyone to whom the safety management system applies complies with their duties under the system; and

              (iii)     people's compliance with their duties under the safety management system is documented under the system.

Note     A failure to comply with this section may be an offence (see pt 3.2).

    (2)     A person in control of plant or a system for handling a dangerous substance must—

        (a)     take all reasonable steps to ensure that the plant or system is safe to handle the substance; and

        (b)     take all reasonable steps to ensure that the plant or system is installed and operated safely, and appropriately maintained, repaired and tested; and

Note     For requirements to provide information about the operation, maintenance and repair of plant or a system, see s 35 (1) (b) and s 36 (b).

        (c)     if the person becomes aware of a hazard or defect in relation to the plant or system—

              (i)     take all reasonable steps to ensure that the plant or system is operated, modified, maintained or repaired to eliminate the hazard, correct the defect or minimise the risks resulting from the hazard or defect; and

              (ii)     ensure that the supplier or manufacturer of the plant or system is told about the hazard or defect; and

              (iii)     if the person is not the owner of the plant or system—ensure that the owner of the plant or system is told about the hazard or defect and its significance; and

        (d)     if the plant or system, or a part of the plant or system, is to be disposed of—take all reasonable steps to ensure that the plant or system (or part) is, before its disposal, thoroughly cleaned so that it is free from the dangerous substance or is otherwise made safe; and

        (e)     if the plant or system, or a part of the plant or system, is no longer to be used to handle the dangerous substance— take all reasonable steps to ensure that the plant or system (or part) is thoroughly cleaned so that it is fr ee from the substance or is otherwise made safe.