New South Wales Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SCHEDULE 1

SCHEDULE 1 – Application of Act to dangerous goods and high risk plant

1

This Act applies to the storage and handling of dangerous goods even if the dangerous goods are not at a workplace or for use in carrying out work.

2

For the purposes of clause 1--

(a) a reference in this Act to carrying out work includes a reference to the storage or handling of dangerous goods, and
(a1) a reference in this Act to a person conducting a business or undertaking includes a reference to a person in control of premises where the dangerous goods are stored or handled, and
(a2) a reference in this Act to a business or undertaking, or the conduct of a business or undertaking, includes a reference to the storage or handling of dangerous goods, and
(a3) a reference in this Act to a worker includes a reference to a person at the premises at or in which the dangerous goods are stored or handled, and
(b) a reference in this Act to a workplace includes a reference to the premises at or in which the dangerous goods are stored or handled, and
(b1) a reference in this Act to a work environment includes a reference to the environment at the premises at or in which the dangerous goods are stored or handled, and
(b2) a reference in this Act to a business address includes a reference to the address of the premises where the dangerous goods are stored or handled, and
(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.

3

This Act applies to the operation or use of high risk plant, affecting public safety, even if the plant is not situated, operated or used at a workplace or for use in carrying out work.

4

For the purposes of clause 3--

(a) a reference in this Act to carrying out work includes a reference to the operation and use of high risk plant affecting public safety, and
(a1) a reference in this Act to a person conducting a business or undertaking includes a reference to a person in control of premises where the high risk plant is operated or used, and
(a2) a reference in this Act to a business or undertaking, or the conduct of a business or undertaking, includes a reference to the operation or use of high risk plant, and
(a3) a reference in this Act to a worker includes a reference to a person at the premises at or in which the high risk plant is operated or used, and
(b) a reference in this Act to a workplace includes a reference to any high risk plant affecting public safety and the premises at or in which the plant is situated or used, and
(b1) a reference in this Act to a work environment includes a reference to the environment at the premises at or in which the high risk plant is operated or used, and
(b2) a reference in this Act to a business address includes a reference to the address of the premises where the high risk plant is operated or used, and
(c) a reference in this Act to work health and safety (however expressed) includes a reference to public health and safety.

5

The operation of this Schedule is subject to any exclusions or modifications prescribed by the regulations.

6

In this Schedule--

"dangerous goods" means anything prescribed as dangerous goods.

"high risk plant" means plant prescribed as high risk plant.

"premises" includes a vehicle, vessel, aircraft or other mobile structure.



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