Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 774

774 Existing major hazard facility with directive not yet satisfied

(1) This section applies if—

(a) immediately before the commencement—

(i) under the repealed DGSM Act, section 95, an authorised officer has given the occupier of a major hazard facility within the meaning of the repealed DGSM Act a directive under section 95 of that Act to review a safety report; and

(ii) the chief executive has not yet validated the update of the safety report based on the review (the
"transitional update" ); and

(b) on the commencement, the facility is required to be licensed as a major hazard facility under part 9.7.

(2) Section 769(2) does not apply to the facility.

(3) However, on the commencement, for the period provided under subsection (6), a licence under part 9.7 of this regulation is taken to be granted for the facility on the application of the operator of the major hazard facility.

(4) The regulator must issue to the operator a licence document for the licence taken to exist under subsection (3).

Note—

A failure to issue the licence document is a reviewable decision, see section 676.

(5) In issuing the licence document, the regulator may impose conditions on the licence under section 584(2) of this regulation as if the regulator had granted the licence.

Note—

A decision to impose a condition on the grant of a licence is a reviewable decision, see section 676.

(6) The licence taken to exist under subsection (3) expires at the end of a period of 6 months after the regulator gives written notice to the operator that the directive is closed.

(7) Part 9.7, divisions 2, 4 and 5 apply to the licence.

(8) The regulator must deal with the transitional update in the same way as the update would have been dealt with under the repealed DGSM Act by the chief executive if it had been given to, and dealt with by, the chief executive before the repeal of the repealed DGSM Act.

(9) Subsection (10) applies if, under subsection (8), the regulator validates the transitional update by written notice given to the operator of the facility of acceptance of the report as at a particular audit date mentioned in the notice.

(10) On the giving of the notice, section 771(3) to (8) applies to the facility.