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Contents (2011 - 674)
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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 19 November 2019 at 10:51)
Chapter 9 Part 9.1
Part 9.1 Preliminary
Division 1 Application and interpretation
530   This Chapter does not apply to certain facilities
(1)  This Chapter does not apply in relation to a facility that is regulated by the National Offshore Petroleum Safety and Environmental Management Authority under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth.
(2)  This Chapter does not apply in relation to:
(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
(d)    (Repealed)
(e)  a mine or a petroleum site.
(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, but does not include any long-term storage areas where dangerous goods are usually kept for more than 5 days.
531   Meaning of “major incident”
(1)  In this Chapter, a major incident at a major hazard facility is an occurrence that:
(a)  results from an uncontrolled event at the major hazard facility involving, or potentially involving, Schedule 15 chemicals, and
(b)  exposes a person to a serious risk to health or safety emanating from an immediate or imminent exposure to the occurrence.
(2)  Without limiting subclause (1), an occurrence includes any of the following:
(a)  escape, spillage or leakage,
(b)  implosion, explosion or fire.
532   Meaning of hazardous chemicals that are “present or likely to be present”
(1)  A reference in this Regulation to hazardous chemicals, including Schedule 15 chemicals, being present or likely to be present at a facility is a reference to the quantity of hazardous chemicals that would, if present, meet the maximum capacity of the facility, including:
(a)  the maximum capacity of process vessels and interconnecting pipe systems that contain the hazardous chemicals, and
(b)  the maximum capacity of storage tanks and vessels used for the hazardous chemicals, and
(c)  the maximum capacity of other storage areas at the facility that could contain the hazardous chemicals, and
(d)  the maximum capacity of pipe work outside process areas to contain the hazardous chemicals, and
(e)  the maximum quantity of hazardous chemicals that would, in the event of failure, escape into the facility from pipe work that is situated off the premises but is connected to the facility, and
(f)  the maximum quantity of hazardous chemicals loaded into or onto, or unloaded from, vehicles, trailers, rolling stock and ships that are from time to time present at the facility in the course of the facility’s operations.
(2)  Subclause (1) applies with any necessary changes to hazardous chemicals that are likely to be present at a proposed facility.
(3)  Schedule 15 chemicals present or likely to be present in the tailings dam of a mine are not to be considered in determining whether a mine is a facility or a major hazard facility.
533   Meaning of “operator” of a facility or proposed facility
(1)  In this Chapter, the operator of a facility is the person conducting the business or undertaking of operating the facility who has:
(a)  management or control of the facility, and
(b)  the power to direct that the whole facility be shut down.
(2)  In this Chapter, operator of a proposed facility means:
(a)  the operator of a proposed facility that is an existing workplace, or
(b)  the person who is to be the operator of a proposed facility that is being designed or constructed.
(3)  If more than 1 person is an operator of the facility within the meaning of subclause (1):
(a)  1 of those persons must be selected as the operator of the facility for the purposes of this Chapter, and
(b)  that person’s details must be given to the regulator.
(4)  The person selected:
(a)  must notify the regulator of the nomination, and
(b)  may do so by including it in a notification under clause 536.
(5)  The person selected under subclause (3) is the operator of the facility for the purposes of this Chapter.
(6)  If a selection is not made, each of the following persons is taken to be an operator of the facility for the purposes of this Chapter:
(a)  each operator within the meaning of subclause (1) who is an individual,
(b)  for each operator within the meaning of subclause (1) that is a body corporate—each officer of the body corporate.
534   Meaning of “modification” of a facility
(1)  In this Regulation, a reference to a modification of a major hazard facility is a reference to a change or proposed change at the major hazard facility that has or would have the effect of:
(a)  creating a major incident hazard that has not previously been identified, or
(b)  significantly increasing the likelihood of a major incident occurring, or
(c)  in relation to a major incident that may occur—significantly increasing:
(i)  its magnitude, or
(ii)  the severity of its health and safety consequences.
(2)  For the purposes of subclause (1), a change or proposed change at a major hazard facility means a change or proposed change of any kind, including any of the following:
(a)  a change to any plant, structure, process or chemical or other substance used in a process, including the introduction of new plant, a new structure, a new process or a new chemical,
(b)  a change to the quantity of Schedule 15 chemicals present or likely to be present at the major hazard facility,
(c)  a change to the operation, or the nature of the operation, of the major hazard facility,
(d)  a change in the workers’ safety role,
(e)  a change to the major hazard facility’s safety management system,
(f)  an organisational change at the major hazard facility, including a change in its senior management.
Division 2 Requirement to be licensed
535   A major hazard facility must be licensed
(1)  A facility at which Schedule 15 chemicals are present or likely to be present in a quantity that exceeds their threshold quantity must be licensed under Part 9.7.
Note.
 See section 41 of the Act.
(2)  A facility that is determined to be a major hazard facility under clause 541 must be licensed under Part 9.7.
Note.
 See section 41 of the Act.
(3)  Despite subclause (1) or (2), a determined major hazard facility is exempt from the requirement to be licensed during the exemption period if the operator of the major hazard facility is taken to be a suitable person to operate the facility for the purposes of Part 9.2.
(4)  The operator of a licensed major hazard facility must hold the licence for the major hazard facility.
(5)  In this clause, exemption period, in relation to a determined major hazard facility, means the period beginning on the determination of the facility and ending on the first of the following to occur:
(a)  the revocation of the determination of the facility under clause 546,
(b)  the end of the period for applying for a licence given under clause 549, unless an application for a licence for the facility is made within that period,
(c)  the grant of a licence for the facility under Part 9.7,
(d)  if the regulator decides to refuse to grant a licence for the facility:
(i)  the end of the period for applying for an external review of that decision, unless an application for external review is made within that period, or
(ii)  the making of the decision on the external review.
Notes.
 
1   
The licensing process is provided for in Part 9.7.
2   
Under Part 9.2, an operator of a determined major hazard facility is taken to be a suitable operator if no determination is made under clause 543.
3   
Under Part 9.3 the operator of a determined major hazard facility is given a limited time to prepare the major hazard facility to be licensed, including by preparing a safety case.
4   
Part 9.2 provides for the notification and determination of facilities and operators of facilities. The purpose of notification is to enable the regulator to determine whether:
(a)  a facility or proposed facility is a major hazard facility, and
(b)  the operator of a determined major hazard facility is a suitable person to:
(i)  operate the facility while the determination under paragraph (a) is in force, and
(ii)  apply for a licence for the facility.