Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 756

Existing major hazard facility

  (1)   This regulation applies to a facility that, immediately before 1   January 2012, was a major hazard facility under Division   9.2 of the OHS Regulations.

  (2)   On 1   January 2012, the facility is taken to be a determined major hazard facility under these Regulations.

  (3)   However, subregulation   (4) applies if, Schedule   15 chemicals are not present or likely to be present at the facility in a quantity that exceeds 10% of their threshold quantity.

  (4)   The facility is taken not to be a determined major hazard facility under these Regulations.

  (5)   The duties imposed on the operator of the facility under Part   9.7 to make an application for a major hazard facility licence for the facility do not apply until the later of:

  (a)   2 years after the facility was classified as a major hazard facility under Division   9.2 of the OHS Regulations; and

  (b)   1   January 2012.



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