Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 601

Cancellation of major hazard facility licence—on operator's application

    (1)     The operator of a licensed major hazard facility may apply to the regulator to cancel the licence.

Note 1     If a form is approved under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

s 277 for this provision, the form must be used.

Note 2     A fee may be determined under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

s 278 for this provision.

Note 3     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see àûÿÿ title="A2002-51">Criminal Code

, pt 3.4).

    (2)     The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.

    (3)     The regulator must cancel a major hazard facility licence if—

        (a)     the quantity of Schedule 15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and

        (b)     it is unlikely that a major incident will occur at the facility.

    (4)     If the regulator, under this section, cancels the licence of a facility that was determined to be a major hazard facility under part 9.2 (Determinations about major hazard facilities), the regulator must revoke the determination.

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



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