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Contents (2001 - 648)
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Occupational Health and Safety Regulation 2001
Repealed version for 7 June 2011 to 31 December 2011 (accessed 20 September 2019 at 05:50)
Chapter 6B Part 6B.1
Part 6B.1 Preliminary
175   Application
(1)  This Chapter applies in relation to major hazard facilities, potential major hazard facilities and other facilities.
(2)  However, this Chapter does not apply to premises that are:
(a)  a port operational area under the control of a port authority, or
(b)  a pipeline to which the Gas Supply Act 1996 or the Pipelines Act 1967 applies, or
(c)  a pipeline to which provisions of the repealed Dangerous Goods Act 1975 and the Dangerous Goods (General) Regulation 1999 apply (by operation of clause 3 of Schedule 3 to this Regulation), or
(d)  a coal workplace, or
(e)  a mining workplace.
(3)  In this clause:
port authority means a body established under Part 2 or 4 of the Ports and Maritime Administration Act 1995.
port operational area means the land and sea, including the fixed facilities and vessels, located in any area defined in Schedule 1 to the Ports and Maritime Administration Regulation 2007 and includes any berths adjacent to such an area.
175A   Definitions
(1)  In this Chapter:
aggregate quantity ratio or AQR, in relation to a Schedule 8 material, means the aggregate quantity ratio as determined in accordance with subclause (2).
facility means the whole of any premises at which Schedule 8 materials are present or likely to be present for any purpose.
major accident means an incident (including an emission, loss of containment, fire, explosion or release of energy or projectiles, but not including the long term, low volume release of any material) involving a Schedule 8 material occurring in the course of the operation, commissioning, shutdown or maintenance of a major hazard facility that poses a risk of serious danger or harm (whether immediate or delayed) to any person (including members of the public).
major hazard facility means:
(a)  a facility at which Schedule 8 materials are present or likely to be present in a quantity that exceeds their threshold quantity, or
(b)  a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present exceeds 1.0, or
(c)  a facility at which Schedule 8 materials are present or likely to be present, not being a facility to which paragraph (a) or (b) applies, that is, for the time being, determined by WorkCover to be a major hazard facility under Part 6B.5.
modification, in relation to a major hazard facility, means:
(a)  a change to any plant, processes, materials, operating conditions or operating procedures (including the introduction of new plant, processes, materials, operating conditions or operating procedures), or
(b)  a change to the quantity of Schedule 8 materials present or likely to be present (including the introduction of any new Schedule 8 materials), or
(c)  a change to the safety management system of the facility,
that has the effect of:
(d)  significantly increasing the risk of a major accident occurring, or
(e)  in relation to any major accident that might occur, significantly increasing:
(i)  its magnitude, or
(ii)  the severity of its consequences to persons (whether on-site or off-site).
near miss means any incident that, but for mitigating effects, actions or systems, could have escalated into a major accident.
operator, in relation to a facility, means the person who has overall control of the facility.
potential major hazard facility means:
(a)  a facility where Schedule 8 materials are present or likely to be present in a quantity that exceeds 10% of their threshold quantity but does not exceed their threshold quantity, or
(b)  a facility where the aggregate quantity ratio of Schedule 8 materials present or likely to be present at the facility exceeds 0.1 but does not exceed 1.0.
provisionally registered means provisionally registered under clause 175M.
registered means registered under clause 175R.
Schedule 8 material means a material mentioned in Table 1 to Schedule 8 or a material that belongs to one or more of the types, classes and categories mentioned in Table 2 to Schedule 8.
threshold quantity, in relation to a Schedule 8 material, means the threshold quantity for that material as specified in Schedule 8.
(2)  An aggregate quantity ratio of Schedule 8 materials present or likely to be present at a facility is to be determined using the following formula:
 
where:
qx , qyqn is the total quantity of each Schedule 8 material present or likely to be present at the facility.
Qx , QyQn is the threshold quantity for each Schedule 8 material concerned.
However, a quantity of Schedule 8 material need not be included in the calculation if:
(a)  the quantity is less than 2% of the corresponding threshold quantity for the material, and
(b)  the quantity is present in such conditions that it is incapable of triggering a major accident.
(3)  For the purposes of determining whether a facility is a major hazard facility, a potential major hazard facility or not such a facility, the quantity of a Schedule 8 material present or likely to be present at the facility is taken to include all amounts of the material, including but not limited to the following:
(a)  for process vessels and related piping systems—the maximum amount of the material normally present in the process vessel or related piping system,
(b)  for storage vessels including tanks—the maximum capacity of the storage vessel or tank, except where all of the following conditions apply:
(i)  the storage vessel or tank is nominally empty and the mass of the Schedule 8 material present is as low as is reasonably practical,
(ii)  the storage vessel or tank will not be filled at the facility,
(iii)  a secure physical barrier covers the fill point and any other opening that could be used to fill the storage vessel or tank,
(iv)  the storage vessel or tank is not connected to any pipe,
Note.
 This includes all tanks, whether above ground, mounded or underground.
(c)  for package or other container storage areas—the maximum quantity of the material that is likely to be present in the package or other container storage area,
(d)  for pipes, piping and pipelines not included in paragraph (a)—the maximum quantity of materials contained in the pipes, piping or pipelines or the maximum quantity of material that could escape from the pipe, piping or pipeline in the event of its catastrophic failure (whichever is the greater).
(4)  In this Chapter, a material is present or likely to be present at a facility if:
(a)  it is reasonably foreseeable that the material will be present at the facility for any continuous period of 48 hours, or
(b)  the material is able to be produced under reasonably foreseeable abnormal conditions at the facility (for example, conditions such as extreme weather).
175B   Dangerous goods to which section 135A of the Act applies
(1)  For the purposes of this Chapter, dangerous goods that are Schedule 8 materials are declared to be dangerous goods to which section 135A of the Act applies.
(2)  This Chapter applies to dangerous goods that are Schedule 8 materials regardless of whether those goods are at a place of work or are for use at work.
(3)  In this clause, dangerous goods has the same meaning as in section 135A of the Act.