Northern Territory Consolidated Acts

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DANGEROUS GOODS ACT 1998 - SECT 39

Regulations

    (1)     The Administrator may make regulations, not inconsistent with this Act, prescribing all matters:

        (a)     required or permitted by this Act to be prescribed; or

        (b)     necessary or convenient to be prescribed for carrying out or giving effect to this Act.

    (2)     Without limiting subsection (1), the Regulations may make provision for or with respect to:

        (a)     the handling of dangerous goods and containers that are used in connection with dangerous goods, including the precautions to be observed and the methods of handling to be employed;

        (b)     the classification of dangerous goods and methods for determining classifications;

        (c)     the competency or qualifications of persons:

            (i)     handling dangerous goods; or

            (ii)     manufacturing, designing, installing, repairing or carrying out any work on containers, pipelines or any plant or things that are used or are intended for use in connection with dangerous goods,

    and the registering, certifying and licensing of those persons;

        (d)     the exemption of persons, places, premises, vehicles, activities or specified dangerous goods from the application of all or part of this Act or the Regulations;

        (e)     the design, construction, manufacture, installation, cleanliness, ventilation, venting, marking, placarding, labelling and maintenance of places, premises, plant, vehicles, containers, pipelines and other things that are used or intended for use in the handling of dangerous goods;

        (f)     the siting, design, construction, ventilation, venting, illumination, maintenance, fittings, fixtures and management of premises, plant, buildings and structures that are used, or are intended for use, in connection with dangerous goods and the treatment of premises, plant, buildings and structures no longer required for the handling of dangerous goods;

        (g)     the provision, maintenance, testing and use of safety and first aid facilities at a place, on premises or in or on a vehicle used for any purpose in connection with dangerous goods;

        (h)     the inspection, examination and testing of dangerous goods and equipment that is, or is intended to be, used in connection with dangerous goods and the fees payable for the inspection, examination or testing;

        (j)     the driving of vehicles conveying dangerous goods, including the types of vehicles that can convey, and the procedures for conveying, specified classes of dangerous goods;

        (k)     the making, keeping, production and inspection of records relating to dangerous goods and the providing of returns and other information relating to dangerous goods;

        (m)     the notice to be given of:

            (i)     theft of dangerous goods from a place, premises or vehicle;

            (ii)     theft in connection with dangerous goods at a place, on premises or in or on a vehicle; and

            (iii)     dangerous situations and other accidents during the handling of or in connection with dangerous goods at a place, on premises or in or on a vehicle;

        (n)     the procedures to be taken and the holding of inquiries in relation to thefts, accidents and situations referred to in paragraph (m);

        (p)     the establishment, management and use of magazines and government explosives reserves;

        (q)     the granting of licences by the Competent Authority to handle dangerous goods and the conditions to which a licence is to be subject;

        (r)     the notification and registration of places, premises and vehicles where dangerous goods are or are to be handled, including different categories of notification and registration, and the conditions and requirements to which notification and registration is to be subject;

        (s)     the payment of a prescribed amount in lieu of a penalty that may otherwise be imposed for an offence against this Act or for a breach of the Regulations;

        (t)     the service of notices on persons alleged to have infringed this Act or breached the Regulations and particulars to be included in such notices;

        (u)     the forms to be used; and

        (w)     the fees payable in respect of any act, matter or thing under this Act.

    (3)     The Regulations may impose penalties for a breach of the Regulations not exceeding:

        (a)     in the case of a body corporate – 215 penalty units or 12 penalty units for each day during which the breach continues; and

        (b)     in the case of a natural person – 40 penalty units or 2.5 penalty units for each day during which the breach continues.

    (4)     The Regulations may:

        (a)     provide that an act or thing is to be done or be in accordance wholly or partly with the approval or to the satisfaction of a prescribed person or a person of a prescribed class of persons;

        (b)     confer on a prescribed person, or class of persons, a discretionary authority; and

        (c)     confer on a prescribed person, or class of persons, power to give, in a prescribed manner, instructions, orders, directions or requirements.

    (5)     The Regulations may apply, adopt or incorporate (with or without changes) the whole or part of a document, standard, rule, specification or method formulated, as in force or existing at a particular time or from time to time.



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