Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 601

Cancellation of major hazard facility licence--on operator's application

  (1)   The operator of a licensed major hazard facility may apply to the regulator to cancel the licence.

  (2)   An application must be:

  (a)   made in the manner and form required by the regulator; and

  (b)   accompanied by the relevant fee.

  (3)   The regulator must conduct an inquiry into the inventory and operations of the facility before deciding on an application to cancel a licence.

  (4)   The regulator must cancel a major hazard facility licence if:

  (a)   the quantity of Schedule   15 chemicals present or likely to be present at the facility does not exceed their threshold quantity; and

  (b)   it is unlikely that a major incident will occur at the facility.

  (5)   If the regulator cancels the licence of a facility that was determined to be a major hazard facility under Part   9.2, the regulator, under this regulation, must revoke the determination.

Note 1:   A decision to refuse to cancel a licence is a reviewable decision (see regulation   676).

Note 2:   See section   268 of the Act for offences relating to the giving of false or misleading information under the Act or these Regulations.


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