Division 3 Registration of major hazard facilities

175Q   Application for registration

(1)  An operator of a major hazard facility may apply for the registration of the facility.

(2)  An application is to be made in writing to WorkCover and is to be:

(a)  in the approved form, and

(b)  accompanied by:

(i)  a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the registration of a major hazard facility, and

(ii)  such documents as WorkCover requires.

175R   WorkCover may register major hazard facilities

(1)  Subject to subclause (3), WorkCover may register a major hazard facility.

(2)  Without limiting the reasons for which registration may be refused, WorkCover must refuse to register a major hazard facility if it is of the opinion that the following persons are not fit and proper persons to exercise control over the facility:

(a)  if the operator is an individual—the operator,

(b)  if the operator is a corporation—each director of the operator.

(3)  Without limiting the reasons for which registration may be refused, WorkCover must not register a major hazard facility unless it is satisfied that:

(a)  a safety management system for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been established and maintained, and

(b)  a security plan for the facility that complies with the following requirements has been submitted to WorkCover and has been implemented:

(i)  any requirements that are published in the Gazette by WorkCover from time to time,

(ii)  that in preparing the security plan:

(A)  a draft of the security plan was provided to the Commissioner of Police, and

(B)  regard was taken of any written advice received from the Commissioner of Police, and

Note. The security plan submitted to WorkCover and implemented under clause 175P (2) may satisfy this requirement.

(c)  an emergency plan that complies with the following requirements has been submitted to WorkCover and been implemented:

(i)  any requirements that are published in the Gazette by WorkCover from time to time,

(ii)  that in preparing the emergency plan:

(A)  a draft of the emergency plan was provided to:

(I)  the Commissioner of the New South Wales Fire Brigades, and

(II)  if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and

(B)  regard was taken of any written advice received from the Commissioner of the New South Wales Fire Brigades, and

(iii)  that after the emergency plan was submitted to WorkCover, it was provided to:

(A)  the Commissioner of the New South Wales Fire Brigades, and

(B)  if the facility is within a rural fire district within the meaning of the Rural Fires Act 1997—the NSW Rural Fire Service, and

(d)  a safety report for the facility (that complies with any requirements that are published in the Gazette by WorkCover from time to time) has been submitted to WorkCover.

Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to refuse to register a major hazard facility under this clause.

175S   Duration of registration

(1)  Unless sooner suspended or cancelled, registration of a major hazard facility continues in force for a period of 5 years.

(2)  However, if an application for the renewal of the registration of a major hazard facility has been made to WorkCover before the registration’s expiry and the application has not been finally dealt with, the registration continues in force until WorkCover either renews the registration of the facility or refuses the renewal.

175T   Registration subject to conditions

(1)  Registration of a major hazard facility is subject to:

(a)  the conditions set out in this Division, and

(b)  any general conditions applying to all registered major hazard facilities:

(i)  that are published in the Gazette by WorkCover from time to time, and

(ii)  notice of which has been given in writing to the operator by WorkCover, and

(c)  any conditions individually imposed on the registration by WorkCover by notice in writing.

Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to impose a condition on the registration of a major hazard facility under this paragraph.

(2)  An operator of a registered major hazard facility must comply with the conditions of that registration.

Maximum penalty: Level 4.

175U   Conditions of registration

Note. The registration may be subject to other conditions under clause 175T (1) (b) and (c).

(1)  It is a condition of registration of a major hazard facility that the operator of the facility must, at the time or times specified by WorkCover, ensure that such fees are paid to WorkCover as are fixed for the time being by WorkCover to cover expenses in connection with the regulation of facilities under this Part.

(2)  WorkCover may fix different fee amounts (or no amount) for different types of registered facility.

175V   Renewal of registration

(1)  It is a condition of registration of a major hazard facility that the operator of the facility must ensure that an application for renewal of the registration of the facility is submitted to WorkCover at least 12 months before the expiry of the registration.

(2)  An operator is not required to comply with the condition set out in subclause (1) if the operator has notified WorkCover in writing that it will cease to operate the major hazard facility during that 12 month period.

(3)  An application for renewal of registration is to be made in writing to WorkCover and is to be:

(a)  in the approved form, and

(b)  accompanied by:

(i)  a fee in such amount as WorkCover determines as the appropriate amount to cover expenses in connection with the processing of applications for the renewal of registration of a major hazard facility, and

(ii)  such documents as WorkCover requires.

(4)  WorkCover may renew a registration of a major hazard facility.

Note. See clause 351 as to the review by the Administrative Decisions Tribunal of a decision by WorkCover to renew a registration of a major hazard facility under this clause.