Work Health and Safety Regulation 2017
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(c) a mine or a petroleum site.(3) In this clause—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 2012 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.