117Occupier’s duties

117 Occupier’s duties

(1)  The occupier of premises where bulk transfer of dangerous goods occurs must ensure that any hose assembly on the premises that is used, or that is intended to be used, for the transfer (other than a hose assembly brought onto the premises on the vehicle involved in the transfer) –

(a) has been constructed, assembled and maintained in accordance with Chapter 10.1 of the ADG Code; and

(b) has been inspected and tested at the intervals, and in the way, required under that Chapter; and

(c) satisfies each test under that Chapter.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 85 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  The occupier of premises where the bulk transfer of dangerous goods occurs must ensure that the goods are transferred –

(a) in accordance with Chapter 10.2 of the ADG Code; and

(b) in a way that averts, eliminates or minimises risk.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 170 penalty units; or

(b) an individual, a fine not exceeding 35 penalty units.

(3)  The occupier must keep, in accordance with 10.1.3.4 of the ADG Code, accurate records of all maintenance work, and each inspection and test, carried out on any hose assembly to which subregulation (1) applies.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 30 penalty units; or

(b) an individual, a fine not exceeding 5 penalty units.