Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 689

    (1)     The regulator must not grant an exemption under section 688 unless satisfied that—

        (a)     1 or more Schedule 15 chemicals are present or likely to be present at the facility; and

        (b)     the quantity of the Schedule 15 chemicals exceeds the threshold quantity of the Schedule 15 chemicals periodically because they are solely the subject of intermediate temporary storage; and

        (c)     the Schedule 15 chemicals are in 1 or more containers with the capacity of each container being not more than a total of 500kg; and

        (d)     granting the exemption will result in a standard of health and safety in relation to the operation of the facility that is at least equivalent to the standard that would be achieved by compliance with the relevant provision or provisions.

    (2)     For the purposes of subsection (1) (d), the regulator must have regard to all relevant matters, including whether or not—

        (a)     the applicant is complying with the Act and this regulation; and

        (b)     the applicant has processes and procedures in place which will keep the quantity of the Schedule 15 chemical or chemicals present or likely to be present at or below the threshold quantity for the Schedule 15 chemical or chemicals as often as practicable; and

        (c)     the applicant has implemented adequate control measures to minimise the risk of a major incident occurring.