Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 590

590 Amendment on application by operator

(1) The regulator, on application by the operator of a licensed major hazard facility, may amend the major hazard facility licence, including amending the licence to vary or delete a condition of the licence.

(2) If the regulator proposes to refuse to amend the licence under subsection (1) , the regulator must provide a written notice to the operator—

(a) informing the operator of the intention to refuse to amend the licence and the reasons for the proposed refusal; and

(b) advising the operator that the licence holder may, by a stated date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.

(3) After the date stated under subsection (2) (b) , the regulator must—

(a) if the operator has made a submission in relation to the proposed refusal—consider that submission; and

(b) whether or not the operator has made a submission—decide to—

(i) make the amendment; or

(ii) refuse to make the amendment; or

(iii) make a different amendment that results from consideration of any submission made by the operator; and

(c) within 14 days after making that decision, give the operator written notice of the decision under this section.

(4) If the regulator makes the amendment, the decision notice must state the date (not being less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

(5) If the regulator refuses to make the amendment or makes a different amendment, the decision notice must—

(a) if a submission was made in relation to the proposed amendment—set out the reasons for the regulator’s decision; and

(b) if the regulator makes a different amendment—

(i) set out the amendment; and

(ii) state the date (being not less than 28 days after the operator is given the decision notice) on which the amendment takes effect.

Note—

A refusal to make the amendment applied for, or a decision to make a different amendment, is a reviewable decision, see section 676 .