Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 566

Control of risk

  (1)   The operator of a licensed major hazard facility must implement risk control measures that:

  (a)   eliminate, so far as is reasonably practicable, the risk of a major incident occurring; or

  (b)   if it is not reasonably practicable to eliminate that risk--minimise that risk so far as is reasonably practicable.

Note:   WHS Act--section   20 (see regulation   9).

  (2)   The operator of a licensed major hazard facility must implement risk control measures designed to minimise, in the event of a major incident occurring, its magnitude and the severity of its consequences to persons both on - site and off - site.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

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.


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