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Protection of the Environment Operations (General) Regulation 2009
Current version for 1 September 2019 to date (accessed 21 September 2019 at 23:39)
Chapter 7 Part 3A Clause 98C
98C   Additional matters to be included in plan
Note.
 See also section 153C (a)–(c) of the Act.
(1) General The matters required under section 153C (d) of the Act to be included in a plan are as follows—
(a)  a description of the hazards to human health or the environment associated with the activity to which the licence relates (the relevant activity),
(b)  the likelihood of any such hazards occurring, including details of any conditions or events that could, or would, increase that likelihood,
(c)  details of the pre-emptive action to be taken to minimise or prevent any risk of harm to human health or the environment arising out of the relevant activity,
(d)  an inventory of potential pollutants on the premises or used in carrying out the relevant activity,
(e)  the maximum quantity of any pollutant that is likely to be stored or held at particular locations (including underground tanks) at or on the premises to which the licence relates,
(f)  a description of the safety equipment or other devices that are used to minimise the risks to human health or the environment and to contain or control a pollution incident,
(g)  the names, positions and 24-hour contact details of those key individuals who—
(i)  are responsible for activating the plan, and
(ii)  are authorised to notify relevant authorities under section 148 of the Act, and
(iii)  are responsible for managing the response to a pollution incident,
(h)  the contact details of each relevant authority referred to in section 148 of the Act,
(i)  details of the mechanisms for providing early warnings and regular updates to the owners and occupiers of premises in the vicinity of the premises to which the licence relates or where the scheduled activity is carried on,
(j)  the arrangements for minimising the risk of harm to any persons who are on the premises or who are present where the scheduled activity is being carried on,
(k)  a detailed map (or set of maps) showing the location of the premises to which the licence relates, the surrounding area that is likely to be affected by a pollution incident, the location of potential pollutants on the premises and the location of any stormwater drains on the premises,
(l)  a detailed description of how any identified risk of harm to human health will be reduced, including (as a minimum) by means of early warnings, updates and the action to be taken during or immediately after a pollution incident to reduce that risk,
(m)  the nature and objectives of any staff training program in relation to the plan,
(n)  the dates on which the plan has been tested and the name of the person who carried out the test,
(o)  the dates on which the plan is updated,
(p)  the manner in which the plan is to be tested and maintained.
(2) Trackable waste transporters Subclause (1) does not apply in relation to a licence to the extent that the licence authorises the transport of trackable waste as referred to in clause 48 of Schedule 1 to the Act. In the case of such a licence, the matters required under section 153C (d) of the Act to be included in a plan relating to the transport of trackable waste are as follows—
(a)  the names, positions and 24-hour contact details of those key individuals who—
(i)  are responsible for activating the plan, and
(ii)  are authorised to notify relevant authorities under section 148 of the Act, and
(iii)  are responsible for managing the response to a pollution incident,
(b)  the contact details of each relevant authority referred to in section 148 of the Act,
(c)  a community engagement protocol that includes procedures for notifying people living or working in the vicinity of a pollution incident and keeping them informed of relevant matters,
(d)  details of the pre-emptive action to be taken to minimise or prevent any risk of harm to human health or the environment arising out of that activity (including, as a minimum, action that complies with any requirements set out in clauses 70, 72 and 73 of the Protection of the Environment Operations (Waste) Regulation 2014),
(e)  the nature and objectives of any staff training program in relation to the plan,
(f)  the dates on which the plan has been tested and the name of the person who carried out the test,
(g)  the manner in which the plan is to be tested and maintained.