Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 547

    (1)     This section applies to a facility or proposed facility—

        (a)     at which the quantity of Schedule 15 chemicals present or likely to be present exceeds 10% of their threshold quantity but does not exceed their threshold quantity; and

        (b)     in relation to which notification was given under section 536 (Operators of certain facilities must notify regulator) or section 537 (Notification—proposed facilities); and

        (c)     in relation to which the regulator—

              (i)     has not conducted an inquiry under this division; or

              (ii)     on conducting an inquiry, has not determined the facility or proposed facility to be a major hazard facility under section 541 (Determination in relation to facility, on inquiry).

    (2)     The operator of the facility or proposed facility must re-notify the regulator in accordance with this part if the quantity of Schedule 15 chemicals present or likely to be present at the facility or proposed facility increases, or is likely to increase, to a level that exceeds the level previously notified to the regulator.

Maximum penalty:

        (a)     in the case of an individual—$3 600; or

        (b)     in the case of a body corporate—$18 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (3)     The provisions of this part apply, to the extent that they relate to a re-notification under this section, as if the re-notification were a notification under section 536 (Operators of certain facilities must notify regulator).