Queensland Consolidated Regulations

TRANSPORT INFRASTRUCTURE (DANGEROUS GOODS BY RAIL) REGULATION 2018 - REG 116

116 Duties of transferors—general

(1) A person must not bulk transfer dangerous goods unless the goods are transferred—

(a) in the prescribed way; and

(b) in a way that eliminates risk or, if it is not possible to eliminate risk, that minimises risk to the greatest practicable extent.

Penalty—

Maximum penalty—20 penalty units.

(2) A person must not bulk transfer dangerous goods if the person knows, or ought reasonably to know, that—

(a) the receptacle to which the goods are being or are to be transferred, or the equipment used or to be used to transfer the goods, is incompatible with the dangerous goods; or

(b) the receptacle to which the goods are being or are to be transferred contains goods that are incompatible with the dangerous goods.

Penalty—

Maximum penalty—20 penalty units.

(3) If dangerous goods leak, spill or escape during a bulk transfer, the person transferring the goods—

(a) must immediately stop transferring the goods; and

(b) must take steps to eliminate risk or, if it is not possible to eliminate risk, to minimise risk to the greatest practicable extent; and

(c) must not start transferring the goods again until the conditions causing the leak, spill or escape have been rectified.

Penalty—

Maximum penalty—20 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (1) that the person complied with that subsection as far as practicable.

(5) Subsection (4) does not apply in relation to a contravention of a requirement mentioned in section 114 , definition prescribed way , paragraph (a) (ii) .