Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 391

Management of risks to health and safety by pipeline operator

  (1)   A person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator ) used to transfer hazardous chemicals must manage, in accordance with Part   3.1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline.

Note:   WHS Act--section   19 (see regulation   9).

  (2)   The operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   The operator of a pipeline that transfers a Schedule   11 hazardous chemical into a public place must ensure that the regulator is notified of:

  (a)   the supplier of the hazardous chemical; and

  (b)   the receiver of the hazardous chemical; and

  (c)   the correct classification of the hazardous chemical.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

Note:   In workplaces where lead processes are carried out, this Part applies in addition to Part   7.1.


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