Transportation of Dangerous Goods Act, 1992

Marginal note:Emergency response assistance plan

• 7 (1) No person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has an emergency response assistance plan that is approved under this section before

  • (a) importing the dangerous goods;

  • (b) offering the dangerous goods for transport; or

  • (c) handling or transporting the dangerous goods, in the case where no other person is required to have an emergency response assistance plan under paragraph (a) or (b) in respect of that handling or transporting.

• Marginal note:Contents

  (2) The plan shall outline what is to be done to respond to an actual or anticipated release of the dangerous goods in the course of their handling or transporting that endangers, or could endanger, public safety.

• Marginal note:Approval

  (3) The Minister may approve the plan for a specified period, if the Minister believes on reasonable grounds that it can be implemented and will be effective in responding to such a release.

• Marginal note:Interim approval

  (4) The Minister may grant an interim approval of the plan for a specified period before finishing the investigation of the matters to be considered under subsection (3) if the Minister has no reason to suspect that the plan cannot be implemented or will be ineffective in responding to such a release.

• Marginal note:Revocation of approval

  (5) The Minister may revoke an approval of an emergency response assistance plan if

  • (a) in the case of an interim approval, the Minister subsequently believes on reasonable grounds that the plan cannot be implemented or will be ineffective in responding to such a release;

  • (b) the Minister believes on reasonable grounds that the plan can no longer be implemented or will no longer be effective in responding to such a release;

  • (c) the Minister has requested changes to the plan that the Minister believes on reasonable grounds are needed to make it effective in responding to such a release and the changes have not been made within a reasonable time or have been refused;

  • (d) the Minister believes on reasonable grounds that there has been a release of dangerous goods to which the plan applies — or that such a release has been anticipated — and that the plan was not used to respond to the actual or anticipated release; or

  • (e) a direction made in respect of the plan under paragraph 7.1(a) has not been complied with.