Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 589

Amendment imposed by regulator

    (1)     The regulator may, on its own initiative, amend a major hazard facility licence, including by amending the licence to—

        (a)     vary or delete a condition of the licence; or

        (b)     impose a new condition on the licence.

    (2)     If the regulator proposes to amend a licence, the regulator must give the operator a written notice—

        (a)     setting out the proposed amendment and the reasons for it; and

        (b)     advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed amendment.

    (3)     After the date specified in a notice under subsection (2), the regulator must—

        (a)     if the operator has made a submission in relation to the proposed amendment—consider that submission; and

        (b)     whether or not the operator has made a submission—decide—

              (i)     to make the proposed amendment; or

              (ii)     not to make any amendment; or

              (iii)     to make a different amendment that results from consideration of any submission made by the operator; and

        (c)     within 14 days after making that decision, give the operator written notice that—

              (i)     sets out the amendment, if any; and

              (ii)     if a submission was made in relation to the proposed amendment—sets out the regulator's reasons for making the amendment; and

              (iii)     specifies the date (being not less than 28 days after the operator is given the notice) on which the amendment, if any, takes effect.

Note     A decision to amend a licence is a reviewable decision (see  s 676).



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