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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 535

A major hazard facility must be licensed

  (1)   A facility at which Schedule   15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Part   9.7.

Note:   See section   41 of the Act.

  (2)   A facility that is determined to be a major hazard facility under regulation   541 must be licensed under Part   9.7.

Note:   See section   41 of the Act.

  (3)   Despite subregulation   (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Part   9.2.

  (4)   The operator of a licensed major hazard facility must hold the licence for the major hazard facility.

  (5)   In this regulation, exemption period , in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur:

  (a)   the revocation of the determination of the facility under regulation   546;

  (b)   the end of the period for applying for a licence given under regulation   549, unless an application for a licence for the facility is made within that period;

  (c)   the grant of a licence for the facility under Part   9.7;

  (d)   if the regulator decides to refuse to grant a licence for the facility:

  (i)   the end of the period for applying for an external review of that decision, unless an application for external review is made within that period; or

  (ii)   the making of the decision on the external review.

Note 1:   The licensing process is provided for in Part   9.7.

Note 2:   Under Part   9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under regulation   543.

Note 3:   Under Part   9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case.

Note 4:   Part   9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether:

(a)   a facility or proposed facility is a major hazard facility; and

(b)   the operator of a determined major hazard facility is a suitable person to:

  (i)   operate the facility while the determination under paragraph   (a) is in force; and

  (ii)   apply for a licence for the facility.

 


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