Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The operator of a determined major hazard facility must prepare an emergency plan for the major hazard facility that:
(a) addresses all health and safety consequences of a major incident occurring; and
(b) includes all matters specified in Schedule 16; and
(c) provides for testing of emergency procedures, including the frequency of testing.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
(2) In preparing an emergency plan, the operator must consult with:
(a) the emergency service organisations with responsibility for the area in which the major hazard facility is located; and
(b) in relation to the off - site health and safety consequences of a major incident occurring--the organisation identified as the local authority in accordance with regulations made under a law of a State that deals with occupational health and safety matters.
(3) The operator must ensure that the emergency plan addresses any recommendation made by the emergency service organisations consulted under subregulation (2) in relation to:
(a) the testing of the emergency plan, including the manner in which it will be tested, the frequency of testing and whether or not the emergency service organisations will participate in the testing; and
(b) what incidents or events at the major hazard facility should be notified to the emergency service organisations.
(4) The operator must have regard to any other recommendation or advice given by a person consulted under subregulation (2).
(5) The operator must:
(a) keep a copy of the plan at the major hazard facility; and
(b) give a copy of the plan to:
(i) the emergency service organisations consulted under subregulation (2); and
(ii) any other relevant emergency service organisations.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
(6) The operator must test the emergency plan in accordance with the recommendations made by the emergency service organisations consulted under subregulation (2) before applying for a licence for the major hazard facility.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
(7) The operator must immediately implement the emergency plan if:
(a) a major incident occurs in the course of the operation of the major hazard facility; or
(b) an event occurs that could reasonably be expected to lead to a major incident.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
(8) The operator must notify the emergency service organisations consulted under subregulation (2) of the occurrence of an incident or event referred to in paragraph (3)(b).
Note 1: This regulation applies in addition to regulation 43.
Note 2: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier G monetary penalty.