Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DANGEROUS GOODS ACT 1985 - SECT 21

Licences

S. 21(1) amended by No. 13/1996 s. 22(g).

    (1)     Where a person is required by the regulations to hold a licence, the Authority may issue a licence to that person.

S. 21(2) amended by No. 66/2008 s. 13.

    (2)     A person who does not hold a licence and who carries out any action (other than an action to which section 21AA(9) refers) in respect of which a licence is required by the regulations to be held by that person is guilty of an offence.

S. 21(3) amended by No. 13/1996 s. 22(g).

    (3)     Where the regulations require the occupier of premises containing a prescribed quantity or class of dangerous goods to hold a licence, the Authority may require the applicant for such a licence

S. 21(3)(a) amended by No. 13/1996 s. 22(g).

        (a)     to carry out such investigations, including hazard analysis studies and risk evaluation studies, as the Authority thinks fit;

S. 21(3)(b) amended by No. 13/1996 s. 22(g).

        (b)     to carry out any such studies to a standard acceptable to the Authority and in such detail as the Authority may direct; and

S. 21(3)(c) amended by No. 13/1996 s. 22(g).

        (c)     where the Authority is not satisfied with the standard, content or detail of any such studies carried out by the applicant, to bear the costs of further investigations to be carried out by consultants appointed by the Authority.

S. 21(4) amended by No. 13/1996 s. 22(g).

    (4)     Subject to subsection (5), a licence shall, unless previously suspended or revoked, remain in force for the prescribed period and may be renewed by the Authority for a prescribed period on receipt by the Authority of a written application for renewal from the licensee.

S. 21(5) amended by No. 13/1996 s. 22(g).

    (5)     Where on application by a licensee another licence of the same class as that which the licensee already holds is issued to that licensee and—

        (a)     the applicant requests; or

S. 21(5)(b) amended by No. 13/1996 s. 22(g).

        (b)     the Authority determines—

that the other licence be issued for a period expiring on the date on which the licence or licences already held expires or expire, then that other licence, unless previously suspended or revoked, shall remain in force for such period as the Authority thinks fit.

S. 21(5A) inserted by No. 48/1989 s. 11, amended by No. 13/1996 s. 22(g).

    (5A)     The Authority must decide an application for issue or renewal of a licence within a reasonable period.

S. 21(6) amended by No. 13/1996 s. 22(g).

    (6)     The Authority may refuse to issue a licence or to renew a licence

S. 21(6)(a) amended by No. 13/1996 s. 22(g).

        (a)     where the Authority believes that the risk of injury or damage to persons or property which may be incurred by an accident involving dangerous goods is too great in the circumstances to justify the issue or renewal; or

S. 21(6)(b) amended by No. 13/1996 s. 22(g).

        (b)     where the Authority considers that the applicant is not a suitable person to hold the licence.

S. 21(7) amended by No. 13/1996 s. 22(g).

    (7)     Where the Authority decides to refuse to issue or renew a licence, the Authority shall send by post to the applicant written notice of the refusal setting out the reasons for the refusal.

S. 21(8) amended by No. 13/1996 s. 22(g).

    (8)     A notice under subsection (7) shall be sent no less than two months before the expiry date of the licence unless the application for renewal is received by the Authority less than two months before the expiry date of the licence.

S. 21AA inserted by No. 66/2008 s. 14.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback