Transport Infrastructure (Dangerous Goods by Rail) Regulation 2018
sec.142Duties of prime contractors and rail operators—food or food packaging
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sec.142 Duties of prime contractors and rail operators—food or food packaging
This section applies if— an incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. The prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site. Maximum penalty—40 penalty units. The rail operator must— notify the chief executive of the incident as soon as is practicable after the incident; and deal with the food or food packaging as directed by the chief executive. Maximum penalty—13 penalty units. A permission under subsection (2) or a direction under subsection (3) — must be in writing; and must state the name of the person to whom it is given; and must identify the relevant incident; and must identify the food or food packaging to which it relates; and must take into consideration any requirements of the appropriate food and health authorities; and may contain any other information that the chief executive considers necessary. (sec.142-ssec.1) This section applies if— an incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator. (sec.142-ssec.2) The prime contractor must not remove, or permit to be removed, the food or food packaging from the site of the incident unless the chief executive has given permission to the prime contractor to transport the food or food packaging from the site. Maximum penalty—40 penalty units. (sec.142-ssec.3) The rail operator must— notify the chief executive of the incident as soon as is practicable after the incident; and deal with the food or food packaging as directed by the chief executive. Maximum penalty—13 penalty units. (sec.142-ssec.4) A permission under subsection (2) or a direction under subsection (3) — must be in writing; and must state the name of the person to whom it is given; and must identify the relevant incident; and must identify the food or food packaging to which it relates; and must take into consideration any requirements of the appropriate food and health authorities; and may contain any other information that the chief executive considers necessary.
- (a) an incident involving a rail vehicle transporting dangerous goods results in the leakage, spillage or escape of the dangerous goods, or in a fire or explosion; and
- (b) there is food or food packaging in the vicinity of the incident that is within the control of a prime contractor or rail operator.