The duties imposed on a person who conducts a business or
undertaking that installs, constructs or commissions plant that is to be used,
or could reasonably be expected to be used, as, or at, a workplace under
regulations 201 and 202 do not apply in relation to any plant or
structure if the person started (or started and completed) any process
associated with the installation, construction or commissioning of the plant
or structure before 1 January 2012.