(1) This regulation applies if an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility or proposed facility exceeds 10% of their threshold quantity, but does not exceed their threshold quantity.
(2) The regulator may determine the facility or proposed facility to be a major hazard facility if the regulator considers that there is a potential for a major incident to occur at the facility or proposed facility having regard to all relevant matters, including:
(a) the quantity and combination of Schedule 15 chemicals present or likely to be present at the facility; and
(b) the type of activity at the facility that involves the Schedule 15 chemicals; and
(c) land use and other activities in the surrounding area.
Note 1: If an inquiry discloses that the quantity of Schedule 15 chemicals present or likely to be present at a facility exceeds their threshold quantity, the facility is a major hazard facility. See definition of major hazard facility in subregulation 5(1).
Note 2: A determination that a facility is a major hazard facility, or
that a proposed facility is not a major hazard facility, is a reviewable
decision (see regulation 676).