Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 723

723 Pending applications—high risk work

(1) This section applies if—

(a) before the commencement, a person has made an application—

(i) under section 82 of the repealed WHS regulation for a licence to perform a class of high risk work mentioned in column 1 of the table; or

(ii) under section 96 of the repealed WHS regulation for renewal of a licence to perform a class of high risk work mentioned in column 1 of the table; or

(iii) under section 82 of the repealed WHS regulation for a variation of a licence to perform a class of high risk work to endorse another class of high risk work mentioned in column 1 of the table on the licence; or

(iv) under section 84 of the repealed WHS regulation for a variation of a licence to perform a class of high risk work mentioned in column 1 of the table to remove a class of high risk work from the licence; and

(b) on the commencement, the application has not been decided.

(2) On the commencement, the chief executive may deal, or continue to deal, with the application under the repealed WHS regulation part 8, division 2.

Note—

A refusal to grant an application, and the imposition of a condition on the grant of the application, is a reviewable decision. See section 676.

(3) If the chief executive decides to grant the licence, renewal or variation—

(a) the licence as granted, renewed or varied is taken to be a high risk work licence granted by the regulator under part 4.5 for the class of high risk work mentioned in column 2 of the table shown opposite the class of high risk work mentioned in column 1 of the table to which the application, renewal or variation relates; and

(b) any conditions on the licence granted by the chief executive continue to apply to the high risk work licence; and

(c) the licence issued by the chief executive under section 91 of the repealed WHS regulation is taken to be a licence document issued by the regulator under section 93 for the high risk work.