Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that—
(a) addresses all health and safety consequences of a major incident occurring; and
(b) includes all matters specified in schedule 16 (Matters to be included in emergency plan for major hazard facility); and
(c) provides for testing of emergency procedures, including the frequency of testing.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(2) In preparing an emergency plan, the operator must consult with—
(a) the emergency service organisations with responsibility for the area in which the major hazard facility is located; and
(b) the chief health officer; and
(c) in relation to the off-site health and safety consequences of a major incident occurring—SEMSOG.
Note 1 Chief health officer —see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, dictionary, pt 1.
Note 2 SEMSOG —see the dictionary.
(3) The operator must ensure that the emergency plan addresses any recommendation made by an entity consulted under subsection (2) in relation to—
(a) the testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not emergency service organisations will participate in the testing; and
(b) what incidents or events at the major hazard facility should be notified to emergency service organisations.
(4) The operator must have regard to any other recommendation or advice given by an entity consulted under subsection (2).
(5) The operator must—
(a) keep a copy of the plan at the major hazard facility; and
(b) give a copy of the plan to—
(i) the entities consulted under subsection (2); and
(ii) any other relevant emergency service organisations.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(6) The operator must test the emergency plan in accordance with the recommendations made by the entities consulted under subsection (2) before applying for a licence for the major hazard facility.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(7) The operator must immediately implement the emergency plan if—
(a) a major incident occurs in the course of the operation of the major hazard facility; or
(b) an event occurs that could reasonably be expected to lead to a major incident.
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(8) The operator must notify the entities consulted under subsection (2) of the occurrence of an incident or event referred to in subsection (3) (b).
Maximum penalty:
(a) in the case of an individual—$3 600; or
(b) in the case of a body corporate—$18 000.
Note 1 Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2 This section applies in addition to s 43.