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Work Health and Safety Regulation 2011
Repealed version for 1 July 2017 to 31 August 2017 (accessed 27 June 2019 at 04:19)
Division 2 Safety case outline
551 Safety case outline must be provided
The operator of a determined major hazard facility must provide the regulator with a safety case outline for the major hazard facility within 3 months after the facility is determined to be a major hazard facility.Maximum penalty:(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
A safety case outline provided under clause 551 must include the following:(a) a written plan for the preparation of the safety case, including key steps and timelines, with reference being made to each element of the safety case,(b) a description of the methods to be used in preparing the safety case, including methods for ensuring that all the information contained in the safety case is accurate and up to date when the safety case is provided to the regulator,(c) details of the resources that will be applied to the preparation of the safety case, including the number of persons involved, their relevant knowledge and experience and sources of technical information,(d) a description of the consultation with workers that:(i) occurred in the preparation of the safety case outline, and(ii) will occur in the preparation of the safety case,(e) a draft of the emergency plan prepared or to be prepared under clause 557,(f) a summary of any arrangements that are to be made in relation to the security of the major hazard facility.Example.Arrangements for preventing unauthorised access to the major hazard facility.
(1) If the regulator is not satisfied that a safety case outline provided by the operator of a determined major hazard facility will lead to the development of a safety case that complies with clause 561, the regulator may require the operator to alter the outline.(2) If the regulator proposes to require an operator to alter a safety case outline, the regulator must give the operator a written notice:(a) informing the operator of the proposed requirement and the reasons for it, and(b) advising the operator that the operator may make a submission to the regulator in relation to the proposed requirement, and(c) specifying the date (being not less than 28 days) by which the submission must be made.(3) The regulator must:(a) if the operator has made a submission in relation to the proposed requirement to alter a safety case outline—consider that submission, and(b) whether or not the operator has made a submission—decide whether or not to require the operator to alter the outline, and(c) within 14 days after deciding, give the operator written notice of the decision, including details of the alteration required and the reasons why it is required.(4) The operator must alter the outline as required.Maximum penalty:(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(5) The operator must give the regulator a copy of a safety case outline that has been altered:(a) under this clause, or(b) by the operator on the operator’s initiative.Maximum penalty:(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(6) The safety case outline as altered becomes the safety case outline for the major hazard facility.