What are dangerous goods remediation notices, infringement notices and directions?

What is a remediation notice?

A remediation notice is a notice issued in accordance with section 47 of the Dangerous Goods Safety Act 2004. It may be issued by a dangerous goods officer if the officer believes that the Act has been, is being or is likely to be contravened.

Remediation notices must comply with the requirements of section 47(2) of the Act.

The Chief Dangerous Goods Officer must approve a notice where the measures must be taken within 7 days of the date of the notice, and provide reasons for this decision.

If the Chief Dangerous Goods Officer requires the measures to be taken immediately, the dangerous goods officer must remain at the place until the person responsible has been given the notice.

A dangerous goods officer may at any time cancel or amend a remediation notice.

If a notice has not been complied with, a dangerous goods officer may take the required measures and the Government may recover any costs involved.

Not complying with a remediation notice is an offence.

Refer to section 47 of the Dangerous Goods Safety Act 2004

What is an infringement notice?

An infringement notice is a notice issued in accordance with section 56 of the Dangerous Goods Safety Act 2004. It may be issued by a dangerous goods officer if the dangerous goods officer believes a person has committed a prescribed offence.

Infringement notices must be in the form prescribed in the Dangerous Goods Safety (General) Regulation 2007.

Penalties for infringement offences are set in the respective dangerous goods safety regulations. Infringement penalties must be paid within 28 days unless an extension is approved by a person authorised by the Chief Dangerous Goods Officer.

Non-payment of an infringement penalty may result in court action.

Refer to section 56 of the Dangerous Goods Safety Act 2004

What is a dangerous goods direction?

Under the Dangerous Goods Safety Act 2004, dangerous goods officer have direction powers to facilitate inspections and investigations.

Section Topic Power
36 Stopping, entering, searching and inspecting vehicles Requiring the vehicle to be searched or inspected at a specified date, time or place
37 Seizing samples and evidence Specifying when and where the substances, a sample or the thing is to be given to the DGO
38 Obtaining records Specifying the date, time and place where the record or copy id to be given to the DGO
39 Asking questions Directing the person to answer questions
46 Audit of dangerous goods site The Chief Officer may direct a person to conduct an audit relating to safety management of a site

Directions may be given orally but must be confirmed in writing within 2 working days unless the directions are complied with or cancelled.

 

Not complying with a direction is an offence.

Refer to ss. 36, 37, 38, 39 and 46 of the Dangerous Goods Safety Act 2004

Asking for a review of a notice or direction

A person may, in writing, request the Chief Dangerous Goods Officer to review a remediation notice or a direction (except one given under section 39 of the Act).

On receipt of such a request, the Chief Dangerous Goods Office may suspend the direction or notice pending a decision.

The Chief Dangerous Goods Officer must inquire into the circumstances relating to the direction or notice and may amend, suspend, cancel or confirm it, and provide written advice of the decision, including reasons.

Appealing the Chief Officer’s decision following a review

The following decisions under the Act are reviewable by the State Administrative Tribunal (SAT):

  • a decision made under Part 4 of the Act
  • a direction under section 46(2)
  • a decision under section 54
  • a decision under the regulations relating to various approvals.

The State Administrative Tribunal has more details on lodging appeals.

Contact

For any enquiries please contact a dangerous goods officer.

Phone: (08) 9358 8001
Email: dgsb@dmirs.wa.gov.au