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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Repealed version for 1 July 2017 to 31 August 2017 (accessed 20 June 2019 at 09:10)
Chapter 9 Part 9.7 Division 1
Division 1 Licensing process
577   Who may apply for a licence
Only an operator of a determined major hazard facility who is taken to be a suitable operator under clause 543 may apply for a major hazard facility licence for that facility.
578   Application for major hazard facility licence
(1)  An application for a major hazard facility licence must be made in the manner and form required by the regulator.
(2)  The application must include the following information:
(a)  the operator’s name,
(b)  whether or not the operator is a body corporate,
(c)  if the operator conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name,
(d)  any other evidence of the operator’s identity required by the regulator,
(e)  the safety case prepared under Division 4 of Part 9.3,
(f)  if the operator is an individual:
(i)  a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or this Regulation or under any corresponding WHS law, and
(ii)  details of any conviction or finding of guilt declared under subparagraph (i), and
(iii)  a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law, and
(iv)  details of any enforceable undertaking declared under subparagraph (iii), and
(v)  if the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal, and
(vi)  if the operator has previously held a major hazard facility licence under the Act or this Regulation or under a corresponding WHS law, a declaration:
(A)  describing any condition imposed on that licence, and
(B)  stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence, and
(C)  giving details of any suspension, cancellation or disqualification,
(g)  if the operator is a body corporate, the information referred to in paragraph (f) in relation to:
(i)  the operator, and
(ii)  each officer of the operator.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
(3)  The application must be accompanied by the relevant fee.
579   Additional information
(1)  If an application for a major hazard facility licence does not contain sufficient information to enable the regulator to make a decision whether or not to grant the licence, the regulator may ask the operator to provide additional information.
(2)  A request for additional information must:
(a)  specify the date (not being less than 28 days after the request) by which the additional information is to be given, and
(b)  be confirmed in writing.
(3)  If an operator does not provide the additional information by the date specified, the application is to be taken to have been withdrawn.
(4)  The regulator may make more than 1 request for additional information under this clause.
Note.
 See section 268 of the Act for offences relating to the giving of false or misleading information under the Act or this Regulation.
580   Decision on application
(1)  Subject to this clause, the regulator must grant a major hazard facility licence if satisfied about the matters referred to in subclause (2).
(2)  The regulator must be satisfied about the following:
(a)  the application has been made in accordance with this Regulation,
(b)  the safety case for the facility has been prepared in accordance with Division 4 of Part 9.3,
(c)  the operator is able to operate the major hazard facility safely and competently,
(d)  the operator is able to comply with any conditions that will apply to the licence.
(3)  The regulator may refuse to grant a major hazard facility licence if it becomes aware of circumstances that satisfy it that the following persons are not suitable persons to exercise management or control over the major hazard facility:
(a)  if the operator is an individual—the operator,
(b)  if the operator is a body corporate—any officer of the body corporate.
(4)  The regulator must refuse to grant a major hazard facility licence if satisfied that the operator, in making the application, has:
(a)  given information that is false or misleading in a material particular, or
(b)  failed to give any material information that should have been given.
(5)  If the regulator decides to grant the licence, it must notify the operator within 14 days after making the decision.
(6)  If the regulator does not make a decision within 6 months after receiving the application or the additional information requested under clause 579, the regulator is taken to have refused to grant the licence applied for.
Note.
 A refusal to grant a major hazard facility licence (including under subclause (6)) is a reviewable decision (see clause 676).
581   Matters to be taken into account
(1)  For the purposes of clause 580 (3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:
(a)  any offence under the Act or this Regulation or under a corresponding WHS law of which the operator has been convicted or found guilty,
(b)  any enforceable undertaking the operator has entered into under the Act or under a corresponding WHS law,
(c)  in relation to a major hazard facility licence applied for or held by the operator under the Act or this Regulation or under a corresponding WHS law:
(i)  any refusal to grant the licence, and
(ii)  any condition imposed on the licence, if granted, and the reason the condition was imposed, and
(iii)  any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence,
(d)  the operator’s record in relation to any matters arising under the Act or this Regulation or under a corresponding WHS law,
(e)  any advice or recommendations received from any agency of the Crown with responsibility in relation to national security.
(2)  For the purposes of clause 580 (3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subclause (1), in relation to:
(a)  the body corporate, and
(b)  each officer of the body corporate.
582   When decision is to be made
The regulator must make a decision in relation to an application for a major hazard facility licence within 6 months after receiving the application or the additional information requested under clause 579.
583   Refusal to grant major hazard facility licence—process
(1)  If the regulator proposes to refuse to grant a major hazard facility licence, the regulator must give a written notice to the operator:
(a)  informing the operator of the reasons for the proposed refusal, and
(b)  advising the operator that the operator may, by a specified date (being not less than 28 days after giving the notice), make a submission to the regulator in relation to the proposed refusal.
(2)  After the date specified in a notice under subclause (1), the regulator must:
(a)  if the operator has made a submission in relation to the proposed refusal to grant the licence—consider that submission, and
(b)  whether or not the operator has made a submission—decide whether to grant or refuse to grant the licence, and
(c)  within 14 days after making the decision, give the operator written notice of the decision, including the reasons for the decision.
584   Conditions of licence
(1)  The regulator may impose any conditions it considers appropriate on a major hazard facility licence.
(2)  Without limiting subclause (1), the regulator may impose conditions in relation to 1 or more of the following:
(a)  additional control measures which must be implemented in relation to the carrying out of work or activities under the licence,
(b)  the recording or keeping of additional information,
(c)  the provision of additional information, training and instruction or the giving of specified information, training and instruction to additional persons or classes of persons,
(d)  the provision of additional information to the regulator,
(e)  if the operator is a person conducting a business or undertaking, the additional class of persons who may carry out work or activities on the operator’s behalf.
Notes.
 
1   
A person must comply with the conditions of a licence (see section 45 of the Act).
2   
A decision to impose a condition on a licence is a reviewable decision (see clause 676).
585   Duration of licence
Subject to this Part, a major hazard facility licence takes effect on the day it is granted and, unless cancelled earlier, expires on the day determined by the regulator, which must be not more than 5 years after the day the licence was granted.
585A   Conditions of licence—payment of relevant fee
It is a condition of the major hazard facility licence that the operator of the major hazard facility must pay the relevant fee within 28 days after receiving notice of the fee from the regulator.
586   Licence document
(1)  If the regulator grants a major hazard facility licence, the regulator must issue to the operator a licence document in the form determined by the regulator.
(2)  The licence document must include the following:
(a)  the name of the operator,
(b)  if the operator conducts the business or undertaking under a business name—that business name,
(c)  the location of the major hazard facility,
(d)  any conditions imposed on the licence by the regulator,
(e)  the date on which the licence was granted,
(f)  the expiry date of the licence.
587   Licence document to be available
(1)  The operator of the major hazard facility must keep the licence document available for inspection under the Act.
Maximum penalty:
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(2)  Subclause (1) does not apply if the licence document is not in the operator’s possession because:
(a)  it has been returned to the regulator under clause 593, and
(b)  the operator has applied for, but has not received, a replacement licence under clause 594.