Section 12Part 0 —
Avoidance of pollution and safe conduct of activities
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The operator of any regulated premises —
(a) shall take all reasonable precautions for the prevention of —
(i) tampering, theft or unauthorised access;
(ii) any fire or explosion;
(iii) any release or spillage; or
(iv) any damage to property or danger to the public incurred by an accident,
involving dangerous substances in the ownership, control or possession of that person; and
(b) shall not abandon, discard or otherwise neglect to dispose safely of any dangerous substances in the ownership, control or possession of that person.
shall take all reasonable precautions for the prevention of —
tampering, theft or unauthorised access;
any fire or explosion;
any release or spillage; or
any damage to property or danger to the public incurred by an accident,
shall not abandon, discard or otherwise neglect to dispose safely of any dangerous substances in the ownership, control or possession of that person.
A person shall not without lawful authority or excuse (the burden of proving which is on that person) do anything in or near any premises on which dangerous substances are located which causes or is likely to cause an accident involving dangerous substances.
A person who, in or at any regulated premises or in any permitted vehicle, carries out any work involving the installation, alteration, repair, maintenance or testing of equipment, piping, fittings or appliances shall take all reasonable precautions to ensure that the equipment, piping, fittings or appliances are safe for use or will not cause or contribute to a fire, explosion, release or spillage involving dangerous substances at those regulated premises or in that permitted vehicle.
An operator who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of $20,000 or to imprisonment for one year or to both.
A person who contravenes subsections (2) or (3) commits an offence and is liable on summary conviction to a fine of $20,000 or to imprisonment for one year or to both.
It shall be a defence for an operator who is charged with an offence under this section to prove that —
(a) he issued appropriate instructions and used all reasonable precautions to ensure compliance with subsection (1);
(b) the offence was committed without his knowledge; and
(c) he could not by the exercise of reasonable diligence have stopped the commission of the offence.
he issued appropriate instructions and used all reasonable precautions to ensure compliance with subsection (1);
the offence was committed without his knowledge; and
he could not by the exercise of reasonable diligence have stopped the commission of the offence.