South Australian Current Regulations South Australian Current Regulations (1) Subject to this
regulation, the regulator must grant a major hazard facility licence if
satisfied about the matters referred to in subregulation (2).
(2) The regulator must
be satisfied about the following:
(a) the
application has been made in accordance with these regulations;
(b) the
safety case for the facility has been prepared in accordance with
Division 3 of Chapter 9 Part 3;
(c) the
operator is able to operate the major hazard facility safely and competently;
(d) the
operator is able to comply with any conditions that will apply to the licence.
(3) The regulator may
refuse to grant a major hazard facility licence if it becomes aware of
circumstances that satisfy it that the following persons are not suitable
persons to exercise management or control over the major hazard facility:
(a) if
the operator is an individual—the operator;
(b) if
the operator is a body corporate—any officer of the body corporate.
(4) The regulator must
refuse to grant a major hazard facility licence if satisfied that the
operator, in making the application, has—
(a)
given information that is false or misleading in a material particular; or
(b)
failed to give any material information that should have been given.
(5) If the regulator
decides to grant the licence, it must notify the operator within 14 days
after making the decision.
(6) If the regulator
does not make a decision within 6 months after receiving the application
or the additional information requested under regulation 579, the
regulator is taken to have refused to grant the licence applied for.
Note—
A refusal to grant a major hazard facility licence (including under
subregulation (6)) is a reviewable decision (see regulation 676).