(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.