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DANGEROUS SUBSTANCES ACT 2004 - SECT 31

Safety duties of people in control of premises

    (1)     A person in control of premises where a dangerous substance is handled must—

        (a)     ensure that a safety management system for handling the substance at the premises is prepared and documented; and

        (b)     take all reasonable steps to ensure that—

              (i)     the safety management system is implemented and kept up to date; and

              (ii)     everyone to whom the safety management system applies complies with their duties under the system; and

              (iii)     people's compliance with their duties under the safety management system is documented under the system.

Note     A failure to comply with this section may be an offence (see pt 3.2).

    (2)     A person in control of premises where a dangerous substance is handled must take all reasonable steps to ensure that—

        (a)     the premises (including any plant or systems at the premises for handling the substance) are safe to handle the substance; and

        (b)     if the premises, or anything (including plant or equipment) at the premises, is to be disposed of—the premises or thing is, before its disposal, thoroughly cleaned so that it is free from the substance or is otherwise made safe; and

        (c)     if the premises, or anything (including plant or equipment) at the premises, is no longer to be used for handling the substance—the premises or thing is thoroughly cleaned so that it is fr ee from the substance or is otherwise made safe.

Note 1     Premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle and "at" premises includes in or on the premises (see dict).

Note 2     For other provisions relevant to the decontamination of land, see the Environment Protection Act 1997

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